Understanding the Jack Daniel’s and Rogers Tests in Trademark Law

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At the complex intersection of trademark law and First Amendment protections, courts have developed a sophisticated framework to balance commercial trademark rights under the Lanham Act against First Amendment expressive speech. Two key tests have emerged as crucial tools in this analysis. The Rogers Test: Protecting Artistic Expression The Rogers test, established in Rogers v. …

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Understanding the Right of Derivation in Copyright Law

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Derivative works are works based upon one or more preexisting works, such as translations, musical arrangements, dramatizations, fictionalizations, motion picture versions, sound recordings, art reproductions, abridgments, condensations, or any other form of transformation or adaptation. Rights of Copyright Owners Under the Copyright Act, among the bundle of rights, copyright owners have the exclusive right to …

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NFT I.P. Issues

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Non-fungible tokens (NFTs) have revolutionized digital ownership and created entirely new categories of intellectual property disputes. As these blockchain-based assets continue to evolve, they present unique technical and legal challenges that traditional IP frameworks are still adapting to address. The recent Ninth Circuit decision in Yuga Labs, Inc. v. Ripps illustrates the I.P. issues, and …

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Understanding Section 2(c)’s Names Clause

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The Lanham Act serves as the cornerstone of federal trademark law in the United States, establishing comprehensive protections for brands, consumers, and public figures alike. Among its many provisions, Section 2(c) stands out as a crucial safeguard for famous individuals and celebrities, preventing the unauthorized use of their names in trademark registrations. What is Section …

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What’s Wrong with DIY Trademark Filing Services?

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In today’s digital age, do-it-yourself legal services promise quick, affordable solutions for complex legal matters. Websites like Trademark Engine, Trademark Genius, and similar platforms market themselves as cost-effective alternatives to hiring an attorney for trademark registration. While the appeal of saving money is understandable, the reality is that do-it-yourself (DIY) trademark filing services often create …

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The Recipe for Legal Protection of Culinary Creations

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The culinary world presents unique challenges when it comes to intellectual property protection. While chefs, food bloggers, and recipe developers invest considerable creativity and effort into their recipes, the legal landscape surrounding recipe protection is surprisingly complex and often counterintuitive. Understanding how copyright, trademark, and patent law apply to recipes is crucial for anyone in …

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I.P. Issues in Gaming

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The gaming industry sits at a fascinating intersection of creativity and intellectual property law, where developers, content creators, and players constantly navigate complex copyright and trademark landscapes. Understanding these legal frameworks is crucial for anyone involved in game development, streaming, or content creation. Copyright Fundamentals in Gaming Copyright protection extends to numerous elements within video …

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Anatomy of a Trademark Scam

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Trademark scams have become increasingly sophisticated, targeting business owners through email, postal mail, and text messages. These fraudulent schemes can cost you hundreds or thousands of dollars while providing no legitimate service. Learning to identify these scams is crucial for protecting your business and intellectual property. Common Types of Trademark Scams Trademark scammers typically pose …

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Right of Publicity and College Athletics: the House v. NCAA Settlement

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The intersection of intellectual property law and collegiate athletics has reached a historic turning point. The recent approval of the House v. NCAA settlement represents the most significant transformation in college sports since the NCAA’s founding, fundamentally altering how amateur athletes can monetize their name, image, and likeness (NIL). To understand the magnitude of this …

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