We have previously written about some of the legal issues surrounding the current NFT craze. Issuing an NFT presumes that the creator of the NFT owns the necessary rights to the underlying work. Did the group Spice DAO misunderstand this, costing them $3 million and a lot of embarrassment? Spice DAO stands for Spice Decentralized Autonomous […]
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Free the Australian Indigenous Flag: Addendum
This post is an update. Read the original post here. The “Free the Flag” campaign in Australia has come to what is generally seen as a happy resolution. We previously reported on the long-simmering controversy over rights to the Aboriginal flag, which was designed in 1971 as a protest symbol by Indigenous artist and copyright […]
Read more2022 Brings New Requirements Via ID.me for Filing Trademark Applications with the United States Patent and Trademark Office
In August, 2018, the United States Patent and Trademark Office (“USPTO”) announced that effective April 9, 2022 all parties, including lawyers, individuals or representatives of large or small businesses wishing to file a trademark application, will be required to have a USPTO.gov account and provide certain personal information to establish their identity. ID.me, a third […]
Read moreTrademark Owners: Beware of Scams
As IP lawyers we frequently receive emails from our clients asking us if official-looking unsolicited correspondence they have received about upcoming trademark deadlines is legitimate. These scam solicitations attempt to get the owner to pay a fee for services not needed or to pay inflated fees to maintain their trademark registration. There are many varieties […]
Read moreA Cybersecurity Guide: Who Do You Call in the U.S. Government?
With an exponential rise in ransomware attacks each year and the personal data of more Americans available for sale on the dark web, ensuring that your company has implemented effective cybersecurity protocols has never been more important. Multiple federal agencies have worked to create and publish cybersecurity resources aimed at the general public. These resources […]
Read moreNCAA Rule Change Paves the Way for Student Athlete Endorsement Deals
Entertainment, Culture and the Arts
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Internet and Social Media
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Privacy, Artificial Intelligence and Cybersecurity
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Trademarks and Brand Protection
On January 22, 2022, the NCAA is expected to formally adopt changes to its constitution which were initially approved on June 30, 2021. At that time, the NCAA agreed to allow college athletes to profit from their likeness for the first time in history. The decision came after pressure from impending state laws and years […]
Read moreAre States Totally Immune from Copyright Infringement Suits?
For the most part, state institutions have procedures in place that ensure the legal and respectful use of copyrighted materials, including guidelines when questions arise, such as the limits of fair use or the conditions of the TEACH Act. However, an August 2021 report of the U.S. Copyright Office entitled Copyright and State Sovereign Immunity (the […]
Read moreApple’s Rollouts of iOS 14.5 and iOS 15 Impact Marketers, App Developers and Small Businesses
In April 2020, Apple rolled out an update for its iOS operating system that included new privacy measures (“App Tracking Transparency” or “ATT”) to limit advertisers’ tracking of iPhone users. iPhone users were relieved by their newfound control over which, if any, of their information is tracked. However, this feature has the potential to harm […]
Read moreAmerican Music Fairness Act: Implications for Musicians and Radio Stations
When the pandemic upended the music industry, musicians live-streamed on services like Instagram Live, Zoom and Twitch to recoup lost concert revenue. They pivoted from fully equipped record label studios to furnishing their own in-home recording studios. Revenue from studio-recorded music also did not appear to suffer, given the ubiquity of streaming services and other […]
Read moreFall 2021 Survey of Copyright, Trademark and Privacy Cases of Note Across the Federal Courts
Copyright Law
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Privacy, Artificial Intelligence and Cybersecurity
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Trademarks and Brand Protection
On November 8, 2021, the Supreme Court heard oral arguments in the case Unicolors Inc. v. H&M Hennes & Mauritz LP, 2021 U.S. Dist. LEXIS 160223 (Aug. 20, 2021). The Justices were critical of Unicolors due to the company’s inconsistent arguments in its brief and petition for certiorari. Unicolors’ brief addressed what knowledge of application […]
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