ArticleCopyright Small Claims Court Approaching RealityOn Tuesday evening (Oct. 22), the House voted 410-6 in favor of the bill. United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleCopyright Termination. Chapter One: What Kind of Grants Can Be Recaptured?The provisions in the 1976 Copyright Act governing termination of grants of interests in copyrights can be found at 17 U.S.C. § 203 and 17 U.S.C. § 304United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleDishonest Abe? Trademark Battle Erupts Over THE LINCOLN PROJECTThe Lincoln Project is no stranger to controversy. The group rose to prominence this year through its pointed and often-viral television ads opposing President Trump's re-election.United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleeBook ScamsThe rise of eReader devices and eReader marketplaces provides more and more opportunities for online self-publishers. United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleFalse Advertising Litigation Alert: Using A Competing Product To Advertise Your Own May Not Be False Advertising A reasonable jury could thus conclude that there was no false advertising here, the court reasoned.United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleFourth Estate Interpreted: A Plaintiff Cannot Amend A Complaint To Add Newly Obtained Copyright RegistrationsA Plaintiff Cannot Amend a Complaint to Add Newly Obtained Copyright Registrations.United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleGoogle Books Settlement "Not Fair, Adequate, and Reasonable"A federal court has rejected the settlement agreement in the six year old Google Books litigation. Judge Denny Chin wrote that "[w]hile the digitization of books and the creation of a universal digital library would benefit many, the [settlement] would simply go too far."United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleIt's Not A Zoo: Why Live Goats And Marching Ducks Can Be Federal TrademarksYesterday, I reported on a failed petition to cancel a U.S. trademark registration for "goats on a roof of grass." Today, I'll discuss why non-traditional marksUnited StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleJust One Week In Cannabis And TrademarksWhile searching for a good topic this week, I noticed a trio of recent lawsuits that provide a good overview of the increased role trademarks have in the exploding cannabis industry.United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleLate To The Party: The USPTO Finally Applies To Register Its Own TrademarksEarlier today, the United States Patent and Trademark Office announced that it finally has applied to register its own trademarks.United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleLaw Firms Win Big Case Arising From Representation Of Clients With Competing InterestsLaw firms often struggle to determine when the rules of professional conduct permit representation of clients who compete in the marketplace. When is it OK, for example, to represent clients with competing patents, trademarks, or copyrights? United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleLiebowitz Wins Statutory Damage Award -- But It's Only $750The Court noted that the fact that so many media outlets used the photo demonstrates that market value. United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleMonkey See Monkey Sue: 9th Circuit Says NoThe 9th Circuit has determined that animals cannot sue for copyright infringement. At issue was the following: a monkey, Naruto, was a seven-year-old crested macaque that lived—and ...United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleNever Too Early: Beyonce And Jay-Z Seek To Trademark Their Baby’s NameOn January 7, 2012, singer Beyoncé Giselle Knowles (known professionally as "Beyoncé") and her husband, rapper and record producer Shawn Corey Carter (known professionally as "Jay-Z"), gave birth to their first child, a daughter named Blue Ivy Carter. United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleNew Federal Law Expands Trade Secrets ProtectionsThere's good news for companies that rely on trade secrets. A brand new federal law - the Defend Trade Secrets Act - provides a raft of expanded remedies for theft of trade secrets. United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleOn Remand From The Supreme Court, The Ninth Circuit Affirms Validity Of An Inaccurate Copyright RegistrationThe Ninth Circuit has ruled in favor of Unicolors, Inc., finding that the company has a valid copyright registration despite a mistake in the registration.United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticlePorn Producer 'Strike 3' Strikes Out In Copyright CaseMost of these suits, however, do not name individual defendants. United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleSupreme Court Rules On Availability Of Attorneys' Fees In Copyright CasesIn the US, attorneys' fees generally are not available to the winning party unless authorized by statute or the parties have agreed to permit a fee award.United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleSupreme Court Rules That Lack Of Knowledge May Excuse Inaccuracies In Copyright RegistrationsOn February 24th, the Supreme Court ruled that lack of either factual or legal knowledge can excuse inaccuracies in copyright registrations under Section 411(b)(1)(A) of the Copyright Act.United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleUpdate - The USPTO Further Extends Trademark DeadlinesAs I wrote about in my post last month, the USPTO issued a 30-day extension on the time to file certain trademark-related documents or fees that would have been due between, and inclusive of, MarchUnited StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC