The Fifth Circuit Court of Appeal recently addressed a copyright infringement claim by local jazz musician Paul Batiste. Batiste alleged that a hip-hop duo infringed his musical work. However, the Court concluded that Batiste had failed to produce evidence for
Everything IP Under One Digital Roof
Brought to you by the Intellectual Property team at Kean Miller LLP
Everything IP Under One Digital Roof, published by Kean Miller, focuses on intellectual property law including patents, trademarks, copyrights, and trade secrets. The blog covers topics such as patent office policies and procedures, AI-related patent innovations, trademark rights and disputes, copyright fair use defenses, trade secret protection strategies, and litigation developments. It discusses practical legal issues faced by businesses and creators in protecting and enforcing IP rights, as well as recent court decisions and administrative changes affecting intellectual property practice. The content addresses the intersection of IP law with technology, commerce, and creative industries, providing insights relevant to practitioners and stakeholders in various sectors.
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Don’t Forget the Registration Symbol
A federal registration of a trademark with the United States Patent and Trademark Office constitutes constructive notice of a registrant’s claim of ownership thereof. Pursuant to 15 U.S.C. §1111, a registrant may give notice that the mark is registered by…
The Trademark Modernization Act of 2020 Adds New Tools to Fight Unused Trademarks and Implied Presumptions for Trademark Infringement Plaintiffs
Buried in the 5,500-page Consolidated Appropriations Act for 2021 among various COVID-19 relief was the Trademark Modernization Act of 2020 (“TMA”). The TMA, which will become effective on December 27, 2021, makes several important amendments to federal trademark law (the…
New Tools for Copyright Enforcement: Copyright Claims Board and The Protecting Lawful Streaming Act
By Devin Ricci
The Case Act of 2020 provides cost-effective means to protect copyrights. With the passage of the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”), Congress has blessed the creation of an alternative forum for copyright infringement claims,…
Taylor Swift Cannot “Shake It Off” With the Merger Doctrine
If you had ears in mid-2014, you’ve heard pop-star Taylor Swift’s Billboard Hot 100 song, “Shake it Off.” The lyrics feature a catchy phrase (apologies in advance for getting it stuck in your head):
‘Cause the players gonna play, play,…
Bookings.com: Supreme Court Rejects Bright-Line Rule on Generic Terms
In United States Patent & Trademark Office v. Booking.com B. V.,[1] SCOTUS held that a mark styled as “generic.com” is eligible for federal trademark registration if the applicant shows “generic.com” is not a generic name to consumers. Although the Court did not…
When Pivoting Your Business, Don’t Leave Your Privacy Policy Behind
COVID-19 has shuttered businesses across the globe with no “grand return” day yet in sight. Looking to generate revenue while brick and mortar locations are closed, businesses are turning to the online sales and services, many for the first time.…
People are Seriously Trying to Trademark “Coronavirus”
The COVID-19 pandemic has made people race to wash hands, stock up on toilet paper and sanitizer, and transition to working from home. But a separate group of “opportunistic” individuals have run another race—to the United States Patent and Trademark…
Intellectual Property Clearance – What is It and How Much is Enough?
Intellectual Property (IP) clearance should be an integral part of business planning, regardless of the size of the business. IP clearance may be as simple as checking the proper trademark databases before choosing a name for a new business or…
Immoral, Scandalous, and Registrable: SCOTUS Approves FUCT Trademark Under the First Amendment
In a sequel to its Matal v. Tam decision last year, SCOTUS held that the so called “immoral or scandalous” ban on trademarks was unconstitutional in a 6-3 ruling on June 24. In the Tam decision, SCOTUS declared the “disparagement”…