A Circuit Split Remains Regarding the Standard Applied to Claims for Trademark Infringement by Commercial Products that Express Humor.

 *Claudia Wozniak Jack Daniel’s Properties, Inc. (Jack Daniel’s), a whiskey seller, submitted a petition for a writ of certiorari in the Supreme Court of the United States.[1]  Jack Daniel’s sought review of the Ninth Circuit’s ruling that works of artistic expression do not violate the Lanham Act unless the trademark holder can establish that theContinue reading “A Circuit Split Remains Regarding the Standard Applied to Claims for Trademark Infringement by Commercial Products that Express Humor.”

From Concert Venue to Your Couch: How the Changes in Music Performances are Presenting Complex Copyright Issues

*Kari Martiniano In a world where the COVID-19 pandemic has halted nearly all large gatherings, many industries have had to drastically change the ways they function.[1]   In particular, the music industry was required to cease nearly all live performances, which is a main source of income for a majority of artists.[2]  What constitutes a liveContinue reading “From Concert Venue to Your Couch: How the Changes in Music Performances are Presenting Complex Copyright Issues”

Macaque takes a selfie: PETA publicity stunt or genuine animal rights issue?

Macaque takes a selfie: PETA publicity stunt or genuine animal rights issue? Jay Patel* Copyright protections can be sought for “original works of authorship fixed in any tangible medium of expression,” which includes any “pictorial, graphic, and sculptural works.”  17 U.S.C. § 102 (2012).  Over 100 years ago, the Supreme Court ruled that an originalContinue reading “Macaque takes a selfie: PETA publicity stunt or genuine animal rights issue?”

Trademark & Ownership: Just Do It

Trademark & Ownership: Just Do It Drew Chlan* Trademark law in the United States provides an entity with a right of property.  15 U.S.C.A. § 1051 (2002).  If a person or corporation is found to be in violation of trademark law, the Code states that: “Any person who shall, without the consent of the registrant—Continue reading “Trademark & Ownership: Just Do It”