By Georgina Hey & Jerome Messiha
Content developers and creatives are generators of ideas and concepts. The point at which any concept transforms into a copyright protected work is often a vexed issue in the creative (and other) spaces.
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** Drew Engel, a Summer Associate in NRF’s Minneapolis office, assisted with this article. Drew is supervised by attorneys who are licensed in the state of Texas.**
The Tenth Circuit’s recent decision in Hetronic Int’l Inc. v. Hetronic Germany GmbH
** Logan Woodward, a Summer Associate in NRF’s Minneapolis Office, assisted with this article. Logan is supervised by attorneys who are licensed in the State of Texas. **
In June 2024, the Supreme Court held in Vidal v. Elster that
** This article was drafted by Logan Woodward, a Summer Associate in NRF’s Minneapolis Office. Logan is supervised by attorneys who are licensed in the State of Texas.
The MetaBirkin dispute continues before the United States Court of Appeals for
In April, the Ninth Circuit issued a precedential decision, BBK Tobacco & Foods LLP , in that could change the course of a trademark applicant’s ability to register a mark. BBK Tobacco & Foods LLP v. Central Agriculture Inc.
In a decision earlier this year, the Trademark Trial and Appeal Board (“Board”) dismissed as moot a cancellation proceeding filed by Men’s Wearhouse, LLC against WKND NYC LLC for the mark
(hereinafter, “MW MRWKND”) because Men’s Wearhouse filed the cancellation
In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the
The High Court recently delivered its decision in Real Estate Tool Box v Campaigntrack 1 relating to copyright authorisation.
The High Court held that the appellants, who had engaged a third party software developer to create a real estate
In a presidential decision, the Trademark Trial and Appeal Board (“TTAB”) held that Black Card, LLC can register FOLLOW THE LEADER because the phrase operates as a source identifier and not as an unregistrable common phrase.
Black Card applied to
The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s (“PIM”) trademark for “the shape of a wedge for candy, with an upper green section with white speckles, followed by a narrow middle white section and followed by a