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Intellectual Property

Feb 2021

The Colors on a Rubik’s Cube are Nonfunctional? Really?

Jeff Hermes

In this article, I will focus on one aspect of the report: the magistrate’s ruling that the coloration of the Rubik’s Cube is not functional, and therefore eligible for trade dress protection. Because, what?

Jan 2021

Copyrights and Constitutional Takings

Leslie Gardner Mason

Is a governmental unit’s use of a copyrighted photo without permission considered a constitutional taking? The Supreme Court of Texas is faced with this question.

Jan 2021

Courier Journal Beats Back Trademark Infringement Lawsuit from Makers of DERBY-PIE®

Michael Abate

The court held that the news articles challenged in the lawsuit do not constitute “trademark use” and therefore the Lanham Act does not even apply.

Jan 2021

Lessons from the Nicki Minaj Copyright Judgment

Jason Bloom

Tracy Chapman accepted a Rule 68 offer of judgment from Nicki Minaj, in a copyright infringement suit alleging that Minaj copied and distributed Chapman’s song Baby Can I Hold You without a license.

Jan 2021

CASE Act Signed, Sealed, and Delivered – Copyright Small Claims Court Coming Soon

Scott J. Sholder

The latest amendment to the Copyright Act of 1976 creates a long-awaited new home for the litigation of lower-value copyright cases.

Dec 2020

Cardi B Is Heading to Trial Over Her Tattooed Album Cover

Sara Gates

Cardi B and her entertainment company recently learned the hard way that when you use a photograph from Google Images on an album cover, you may wind up in a lengthy lawsuit that turns out to be one of the statistical few that go to trial.

Jul 2020

The Internet Archive National Emergency Library – A National Treasure In Uncertain Times or Mass Piracy?

Joseph Petersen, James Trigg, and Olivia Poppens

Publishers allege not only that the NEL constitutes broad copyright infringement, but that the entirety of the Internet Archive’s library services do as well.