In Brief: When manufacturing stops, cancellation of a trademark is not far behind.

In Brief:  Trade dress protection is not available for functional elements of a product.

In Brief: Third party websites can imbed photos and avoid copyright infringement.

In Brief:  A trademark cannot be cancelled after a fraudulent declaration of incontestability.

In Brief:  Using the same elements in a trademark doesn’t automatically create a likelihood of confusion.

In Brief:  Fleeting use of a creative work for the purposes of commentary is fair use.

In Brief:  The U.S. Supreme Court held that dog toy parodies are not protected by the First Amendment.

In Brief:  Monster Energy couldn’t stop a Mad Monster Party.

In Brief:  The US Copyright cannot demand the deposit of a physical copy of a work for registration.

In Brief:  Tacking is a very limited way to extend the protection of a trademark.

In Brief:   Hacks to cheat on popular video games results in massive damages.

In Brief:   No federal protection for trademarks related to ingesting a banned substance.

In Brief:  A named inventor has to make a significant contribution to the claims in a patent.

In Brief:  The unauthorized copying of NFTs results in a judgment for false designation of origin and cybersquatting.

In Brief:   Following up on this blog’s post of 3/7/23, the court ruled that a banana does not infringe a banana and an orange.

The Federal Emergency Management Agency’s (FEMA) “funeral assistance” program will continue to provide benefits for individuals who incurred funeral expenses due to a death caused by COVID-19 through September 20, 2025.

In Brief:  The case of the Andy Warhol Foundation and Lynn Goldsmith regarding photos of Prince has been kicking around the courts and this blog for 4 years. The Supreme Court has spoken holding that there was no fair use.

In Brief:  A popular catch phrase can become someone’s trademark.

In Brief:  The Copyright Office will register a work that has some AI.

In Brief:   Automating how to choose an outfit is not patentable subject matter.

The Secure Act 2.0 involves many benefit-related matters including changes to the prior law. The relief offered by this act applies both to affected participants and their beneficiaries as well as the fiduciaries responsible for plan operations, including the employer which sponsors the plan; however, this is not blanket relief.

In Brief:  Using a different product’s favorable reviews on Amazon can lead to substantial FTC fines.

President Biden signed a resolution terminating the COVID National Emergency as of April 10, 2023, which will leave plan sponsors and their advisors one month less time to adjust their documents and practices relating to certain provisions.

In Brief:  The date of first disclosure of a patent determines the time period in which an application can be filed.

In Brief:  The identification of goods and services in a trademark application isn’t as easy as it might look.