Will Pokemon Go Evolve Into Customer Confusion?

I’ve written at length about the potential for customer confusion arising from the association of digital advertisements with physical billboards and other commercial properties via augmented reality. It occurs to me, though, that the Pokemon Go phenomenon that began in July 2016 planted the seeds of a similar issue, albeit in a slightly different form […]

Get 50% Off My Webinar on Social Media Trademark Enforcement

I am pleased to announce that I will be speaking in an upcoming Strafford live webinar, “Trademark Threats on Instagram, Twitter, Facebook, and Other Social Media” scheduled for Tuesday, September 19, 1:00pm-2:30pm EDT. Because you’re a reader of my blog, you are eligible to attend this program at half off. As long as you use the links in this email, the offer will be reflected automatically in your cart.

Our panel will provide best practices for attorneys on confronting the trademark infringement and counterfeiting threats by users of social networking websites. The panel will outline strategies for businesses and their counsel to police and protect against unauthorized use of their brands on these websites.

After our presentations, we will engage in a live question and answer session with participants so we can answer your questions about these important issues directly.

I hope you’ll join us.

For more information or to register >

Or call 1-800-926-7926 ext. 10
Ask for Trademark Threats on Social Media on 9/19/2017
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Legal and Regulatory Warnings for AR/VR Startups

Live-blogging from Augmented World Expo 2017

Yesterday afternoon I had the pleasure of presenting with Captain Joe Rampolla on Legal and Regulatory Updates at AWE 2017. The full video will be posted on AWE’s YouTube channel, but in the meantime, here’s a short summary of our presentation. Our three takeaways were (1) Disruption will be met with resistance; (2) Mo’ money, mo’ […]

Why Lego Batman Disses Iron Man in His Movie, But Not in the Trailers

Being the father of a five-year-old son, my first order of business last weekend was to see the new Lego Batman Movie. (Confession: I would have gone anyway.)  Also because of the aforementioned son, I’ve seen every trailer for this film that’s been released over the past year. So I noticed when lines of dialogue […]

The Time Judge Gorsuch Brought Copyright Law Into the 21st Century

Good news: the newest nominee to the U.S. Supreme Court gets copyright law, including how it does–and doesn’t–apply to emerging forms of digital media. The 10th Circuit’s 2008 decision in Meshwerks v Toyota Motor Sales USA, Inc.–which Judge Neil Gorsuch wrote–is one I’ve cited in this blog several times. Of course, it’s one that comes to mind […]

Website Owners Beware — Ignoring This Rule Could Leave You on the Hook for Someone Else’s Copyright Infringement

Every company whose website or other online service contains any third-party content needs to be aware of a new regulation issued by the U.S. Copyright Office. The new rule, which takes effect December 1, 2016, alters the hoops through which website owners and other internet service providers must jump in order to avoid being held […]

The New Axanar-Inspired Guidelines for Star Trek Fan Films

If you’ve been tuned at all to developments in the science fiction or intellectual property fields, you know that Paramount Pictures and CBS have been pursuing copyright infringement litigation against the producers of a Star Trek fan-fiction movie called Axanar. The fan/producers published the 20-minute teaser Prelude to Axanar on YouTube in August 2014 (which as of […]

Supreme Court Gives Guidance on Award of Fees in Copyright Cases

Today the U.S. Supreme Court issued its unanimous opinion in the Kirtsaeng case, concerning the standards that govern the award of attorneys’ fees to the prevailing party as an element of “costs” under the Copyright Act. The statute itself does not give guidance on when fees should be awarded. Prior Supreme Court case law was […]

Feeling Minnesota: Has Prince’s Right of Publicity Disappeared?

In the unlikely event that any West Coast celebrities out there had been considering a move to Minnesota, an article published today on WealthManagement.com will give them pause. It makes the insightful observation that the late artist Prince’s decision to remain domiciled in his home state may have cost his heirs (whoever they turn out to be) the […]

Updated: Michigan Trademark Law Treatise

This is a quick update to let you know that a treatise chapter I authored on Michigan trademark law has just been updated. If you subscribe to the Practical Law resource website from Thomson Reuters, you can access the chapter here. It’s a concise Q&A-style guide to Michigan laws protecting trademarks. This Q&A addresses state laws governing trademark […]