After more than a decade of litigation, the showdown between Jack Daniel’s whiskey and Bad Spaniels dog toys has come to an end, most likely. The Claims I’ve written about this case before. (See, e.g., Balancing the First Amendment on
Cokato Copyright Attorney: The Law Blog of Thomas James
The blog "Cokato Copyright Attorney: The Law Blog of Thomas James," published by the Law Office of Tom James, focuses on intellectual property law with an emphasis on copyright and trademark issues. It covers topics such as copyright and trademark registration, protection, enforcement, and litigation. The blog also addresses emerging legal challenges related to e-commerce, artificial intelligence, digital replicas, and non-traditional trademarks like scent marks. Additionally, it provides insights into trademark search techniques and legal compliance for online businesses. The content reflects the author's extensive experience in federal and appellate courts and his involvement in legal education and writing.
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Latest from Cokato Copyright Attorney: The Law Blog of Thomas James
Copyright Litigation Update
By Thomas James
A roundup of some developments in the copyright world. “Go Home, Ball!” PerfectPinz LLC v. K9 King, LLC PerfectPinz LLC (“PerfectPinz”) sells golf paraphernalia. It created four cartoon images depicting scenes from the Adam Sandler movie, Happy Gilmore. One of…
Copyrights in Architecture
By Thomas James
Copyrights in architectural designs may be registered as architectural works or as drawings (“pictorial, graphical or sculptural works”). The decision can be critical to the viability of an infringement claim. Here’s why. Samphel v. Wu Tenzin Samphel, Xiaoyu Gu, Chef…
Copyright Fee Changes
By Thomas James
On July 14, 2026 the U.S. Copyright Office submitted a proposed new fee schedule to Congress. Changes could be coming in November, 2026. Read what the proposed fee increases are.
The post Copyright Fee Changes appeared first on Cokato Copyright…
Who Decides Distinctiveness?
By Thomas James
The United States Supreme Court has granted certiorari to review the decision in Riseandshine Corporation, dba Rise Brewing v. Pepsico, Inc., in which the Second Circuit Court of Appeals held that RISE, although suggestive, is weak as a matter of…
Cox Communications v. Sony Music
By Thomas James
The Scope of Contributory Liability for Copyright Infringement Cox Communications, Inc. v. Sony Music Entertainment, 607 U.S. __ (2026) I didn’t list contributory liability for infringement as one of the enduring non-AI issues in copyright law, but this year’s decision…
Top IP Cases
By Thomas James
2023 was a big year for U.S. intellectual property law. Major developments occurred in every area. Here are the highlights
The post Top IP Cases appeared first on Cokato Copyright Attorney: The Law Blog of Thomas James.
How to Do a Trademark Image Search
By Thomas James
As I mentioned in my last blog post, the USPTO’s new online Trademark Center now includes a feature that makes it much easier to conduct a trademark image search. This means that instead of scouring the Trademark Design Search Code…
The Trademark Center
By Thomas James
With the 2026 additions, the Trademark Center changes everything from how you search to how much you pay.
The post The Trademark Center appeared first on Cokato Copyright Attorney: The Law Blog of Thomas James.
Can You Copyright a Band Name?
By Thomas James
It is one of the most common questions artists, entrepreneurs, and other content creators ask. It is also based on a fundamental misunderstanding of how intellectual property works. While both copyrights and trademarks give owners exclusive rights, they protect entirely…