Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s
Written by Samantha Frankel On July 28, 2025, the Ninth Circuit affirmed dismissal of a Lanham Act false endorsement suit brought by drag performer Lance Hara (known professionally as Vicky Vox) against Netflix over an animated cameo in the comedy series Q-Force. Vox alleged her animated likeness appeared without permission in a ten-second scene, an official teaser trailer, and a promotional still image. Hara v. … Continue reading Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s
Yes, Virtual Goods Are Still Goods for Trademark Purposes
Written by Bryse Thornwell On July 23, 2025, in a significant update for the evolving intersection of intellectual property and blockchain technology, the United States Court of Appeals for the Ninth Circuit issued a unanimous opinion affirming critical trademark principles as they apply to non-fungible tokens (“NFTs”) and digital assets. See Yuga Labs, Inc. v. Ripps, et al, Case No. 24-879.[1] The opinion, written by … Continue reading Yes, Virtual Goods Are Still Goods for Trademark Purposes
Estate and Gift Tax Impact of the “One Big Beautiful Bill”
Written by Jeffrey K. Eisen On July 4, 2025, President Trump signed the “One Big Beautiful Act” into law. Of its 870 pages and its massive impact on virtually all Americans, only one provision (on page 227) affects the estate tax, gift tax and Generation-Skipping Transfer (GST) tax, but it is a very important one. What Changed? For deaths occurring, or gifts made, on or … Continue reading Estate and Gift Tax Impact of the “One Big Beautiful Bill”
Update on Reciprocal Tariffs: Deadline Extended, New Rates Announced
Written by Susan Kohn Ross The reciprocal tariffs deadline has been extended to August 1, 2025. See here for the related Executive Order. Yesterday, information about the letters sent to several countries was also made public – the rates and countries are as follows: 1. Japan: 25% on all Japanese products sent to U.S.2. South Korea: 25%3. Tunisia: 25%4. Malaysia: 25%5. Kazakhstan: 25%6. South Africa: 30%7. Bosnia … Continue reading Update on Reciprocal Tariffs: Deadline Extended, New Rates Announced
Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection
Written by Alex Anfuso and Eleanor M. Lackman In Carroll Shelby Licensing v. Halicki, No. 23-4008 (May 27, 2025), the Ninth Circuit recently weighed in again on the scope of copyright protection for characters, denying protection to a series of Ford Mustangs called “Eleanor.” The cars appeared, in varying forms, in four separate films between 1974 and 2000. Eleanor first appeared in the original … Continue reading Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection
The Copyright Office Report on AI and Fair Use: A Generative Controversy
Written by James D. Berkley Amidst a level of intrigue rare to the Library of Congress and U.S. Copyright Office, on Friday, May 9, the Copyright Office released a detailed 108-page report containing its most extended discussion of how copyright law applies to the so-called “training” of generative artificial intelligence (better known as “generative AI”). Generative AI is the rapidly developing field exemplified by products … Continue reading The Copyright Office Report on AI and Fair Use: A Generative Controversy
Court Rules “Video Game Addiction” Claims Are Barred By the First Amendment and Section 230
Written by Brandon Hughes A recent motion to dismiss order out of the United States District Court for the Northern District of Illinois is one of the first opinions substantively addressing tort claims based on alleged video game addiction. The decision in Angelilli v. Activision Blizzard, Inc., et al., No. 23-CV-16566, 2025 WL 1181000 (N.D. Ill. Apr. 23, 2025), could in the future influence other … Continue reading Court Rules “Video Game Addiction” Claims Are Barred By the First Amendment and Section 230
Steel and Aluminum Tariffs Now – What Comes Next?
Written by Susan Kohn Ross Steel and Aluminum Tariffs Now – What Comes Next? Uncertainty and Impact on Compliance Keeping up with the ongoing changes and impact from tariffs continues to be wrought with challenge. The latest pronouncements on steel and aluminum have not offered improved clarity, only additional questions. Working closely with your trade team is as critical as ever to get assistance in … Continue reading Steel and Aluminum Tariffs Now – What Comes Next?
No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork
Written by Brandon E. Hughes In Thaler v. Perlmutter, No. 23-5233, 2025 WL 839178 (D.C. Cir. Mar. 18, 2025), the latest opinion exploring the intersection between generative AI and copyright law, the United States Court of Appeals for the District of Columbia Circuit tackled a fundamental question: “Can a non-human machine be an author under the Copyright Act of 1976?” Ultimately, the Court affirmed the … Continue reading No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork
Trump Administration To Enforce Registration, Address Requirements
Written by David Rugendorf and David Wulkan The Trump administration is signaling its intent to more rigorously enforce certain provisions of the Immigration and Nationality Act which, although they have been in existence for quite some time, have not previously been as strictly enforced. On February 25, 2025, the Department of Homeland Security announced that it will require foreign nationals to: (See Department of Homeland … Continue reading Trump Administration To Enforce Registration, Address Requirements
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