On this week’s episode, we have the plaintiff A&E Television Networks, LLC (“A&E”) facing defendants Big Fish Entertainment, LLC (“Big Fish”), Half Moon Pictures, LLC, and REELZCHANNEL, LLC in a dispute over the alleged infringement of A&E’s copyright and trademark
Incontestable Blog
The Incontestable Blog, published by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, focuses on intellectual property law, particularly trademark law and related litigation. It covers topics such as Trademark Trial and Appeal Board (TTAB) decisions, Federal Circuit rulings on trademark oppositions and cancellations, issues of consumer confusion, specimen requirements for trademark registration, and fair use in copyright law as it relates to emerging technologies like artificial intelligence and large language models. The blog provides updates on case law developments and legal interpretations affecting trademark prosecution and enforcement.
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Art Basel Duct Tape Banana Art Not Infringing
By Publisher
Perhaps you remember in 2019 when three Art Basel afficionados purchased a banana duct-taped to a wall for $120,000? Visual and conceptual artist Joe Morford does. And in 2020, he sued duct-taped banana creator and Italian artist, Maurizio Cattelan, for…
SCOTUS Vacates Hetronic’s $96 Million Win, Holding Lanham Act Cabined to Domestic Use in Commerce
By Publisher
Following closely on the heels of the Supreme Court’s most recent trademark decision in the Jack Daniel’s case, the Court delivered yet another landmark trademark decision. While not as whimsical as the dog toys at issue in Jack Daniel’s,…
The New York Times’ Newsworthy Update to Trademark Registrations for Column Names
By Publisher
If you are one of the approximately 9.7 million subscribers of The New York Times, you may have encountered, and even enjoyed, one of its various columns, such as This Life and Modern Love. Until recently, printed magazine and newspaper…
Anywhere Gruyere: Cheese Name Generic, Not Indication of Origin
By Publisher
The Fourth Circuit waded into the tricky area of geographical indications and emerged with some delightfully cheesy puns. Asked to decide whether the term “gruyere” signifies merely a particular type of cheese, or specifically cheeses produced in the Le Gruyère…
SCOTUS: Dog Toy in the Doghouse as Jack Daniel’s Trademark Infringement Claims Remanded to District Court
Jack Daniel’s Properties surely bought a round (or two) for its legal team yesterday to celebrate the Supreme Court’s unanimous holding that a parody dog toy’s use of the mark BAD SPANIELS and copycat trade dress as source identifiers disqualifies…
TRUMP TOO SMALL Has Huge Implications for Trademark Act Section 2(c)
By Publisher
On June 5, 2023, the United States Supreme Court granted the United States Patent and Trademark Office’s (“USPTO”) petition for writ of certiorari to determine whether Trademark Act Section 2(c), 15 U.S.C. §1052(c), which bars registration of a mark that…
Ebook Lending Library Infringes Publishers’ Copyrights
By Publisher
In a decision that could have wide reverberations on the internet, the U.S. District Court for the Southern District Court of New York granted summary judgment in favor of book publishers and against Internet Archive (“IA”) in a copyright infringement…
Failure to Follow DMCA’s Safe Harbor Procedures Does Not Create Affirmative Cause of Action
The Western District of Wisconsin recently held that an internet service provider (“ISP”), cannot be held liable for claims that that ISP failed to follow the Digital Millennium Copyright Act’s (“DMCA”) takedown provisions.Read more
SCOTUS: Fair Use Defense Fails to Protect Warhol’s Licensing of Orange Prince
By Publisher
The question presented to the U.S. Supreme Court in the copyright infringement case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, was whether the Andy Warhol Foundation for the Visual Arts, Inc. (AWF)’s decision to license one of…