Tag: IP

Intellectual Property

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

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Intellectual Property

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

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Intellectual Property

Watered Down Whisky: Bad Spaniels Dilutes Trademarks But Does Not Infringe

Written by Ian Logan After more than a decade of litigation, which included U.S. Supreme Court review, VIP Products LLC v. Jack Daniel’s Properties Inc., No. CV-14-02057 returned to the United States District Court for the District of Arizona for yet another ruling on remand.  On January 21, 2025, U.S. District Judge Stephen M. McNamee ruled that although the “Bad Spaniels” dog toy, shaped like … Continue reading Watered Down Whisky: Bad Spaniels Dilutes Trademarks But Does Not Infringe

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Intellectual Property

U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You

Written by Eleanor M. Lackman The new year is bringing with it some major fee increases from the U.S. Patent & Trademark Office (USPTO) for certain key aspects for trademark filings and other trademark prosecution. Nearly all go into effect on January 18, 2025. Here are some major changes to know, and how they may affect your filing strategy in the United States: These changes … Continue reading U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You

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Intellectual Property

“Conquesting” Lawsuit Is No Conquest for Trademark Plaintiff

Written by Skyler M. Terrebonne On October 22, 2024, the U.S. Court of Appeals for the Ninth Circuit Court delivered the latest word on whether the practice of “keyword advertising,” and in particular the strategy of “conquesting,” constitutes trademark infringement. Keyword advertising is an advertising strategy wherein a company bids on a Google Ads keyword, so that an advertisement for its business will appear near the top … Continue reading “Conquesting” Lawsuit Is No Conquest for Trademark Plaintiff

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Intellectual Property

Punchbowl, Inc. v. AJ Press: A Trademark Defendant Prevails Post-Jack Daniel’s

Written by Constance Kang Punchbowl, Inc. v. AJ Press is one of the first rulings to grapple with an infringement case following the U.S. Supreme Court’s recent limitation of the applicability of a First Amendment-based defense in Jack Daniel’s Properties v. VIP Products LLC.  The opinion, issued in the case last week upon remand after the Ninth Circuit’s reading of Jack Daniel’s, not only held … Continue reading Punchbowl, Inc. v. AJ Press: A Trademark Defendant Prevails Post-Jack Daniel’s

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Intellectual Property

Eight Mile Style v. Spotify: District Court Holds Doctrine of Equitable Estoppel Bars Copyright Claims

Written by Robert H. Rotstein On August 15, 2024, a federal district court granted summary judgment to defendants Spotify USA Inc. (“Spotify”) and the Harry Fox Agency (“HFA”) in their long-running copyright-infringement dispute with plaintiffs Eight Mile Style and Martin Affiliated, LLC (together, “Eight Mile Style”) over the service’s streaming of Eminem’s catalog. Eight Mile Style, LLC  v. Spotify USA Inc., 3:19-CV-00736, 2024 WL 3836075 … Continue reading Eight Mile Style v. Spotify: District Court Holds Doctrine of Equitable Estoppel Bars Copyright Claims

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Intellectual Property

Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment

Written by Brandon E. Hughes In 2022, Shosh Yonay and Yuval Yonay sued Paramount Pictures Corporation, principally asserting a copyright infringement claim related to the 2022 motion picture Top Gun: Maverick—sequel to the 1986 film Top Gun.  Plaintiffs are the widow and son of Ehud Yonay, the author of a 1983 magazine article (the “Article”), which chronicled the experiences of pilots training at the Navy’s … Continue reading Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment

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Intellectual Property

Not “The Kindest”: Case Between Feuding Friends Over Facebook Post Thrown Out On Fair Use Grounds

Written by Lindsay R. Edelstein On September 14, 2023, the U.S. District Court for the District of Massachusetts issued a decision in Larson v. Perry, Case No. 1:19-CV-10203-IT, 2023 WL 5985251 (D. Mass. Sept. 14, 2023), dismissing on summary judgment a highly publicized case concerning the short story “The Kindest,” which was inspired by a Facebook post about becoming a living kidney donor. The Court … Continue reading Not “The Kindest”: Case Between Feuding Friends Over Facebook Post Thrown Out On Fair Use Grounds

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International Business, International Trade

New Executive Order Addresses E-Commerce and Counterfeit Goods

Close Up Of Woman At Home Looking Up Information About Medication Online Using Laptop
Photo Credit: istock.com/Daisy-Daisy

By Susan Kohn Ross

 

On January 31, 2020, President Trump issued Executive Order 13904 (“EO”) entitled “Ensuring Safe & Lawful E-Commerce for U.S. Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights.” It begins by stating that e-commerce is “being exploited by traffickers to introduce contraband into the United States, and by foreign exporters and United States importers to avoid applicable customs duties, taxes and fees.” The types of malfeasance cited are counterfeit goods, narcotics (specifically synthetic opioids, such as fentanyl), and other contraband, plus, of course, protection of the revenue. The focus of the EO is on express consignment operators, carriers, hub facilities, international posts, customs brokers and e-commerce platform operations (the “Regulated Parties”). Anyone who participates in the “introduction or attempted introduction” of parcels containing contraband can be held accountable with accountability taking the form of both civil and criminal consequences, as appropriate. The EO goes on to state that CBP’s suspension and debarment procedure will form the framework through which these actions will be carried out. Suspension and debarment apply in the context of doing business with the government, such as government contracts, subcontracts, grants, loans and other assistance programs.

Continue reading “New Executive Order Addresses E-Commerce and Counterfeit Goods”

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