Just prior to adjourning for its summer recess, the United States Supreme Court ruled that First Amendment free speech considerations required the United States Patent and Trademark Office (“PTO”) to register the trademark “FUCT.” The “FUCT” case is the second in three years contesting federal trademark registration content restrictions. In...
The U.S. Supreme Court has now ruled that a copyright owner can only file a complaint for copyright infringement after the Copyright Office has registered the work at issue, putting an end to a split among the federal circuit appellate courts on that issue. As I previously reported, while the...
As an update of my reporting concerning the United States Patent and Trademark Office’s controversial policy of seeking to recover attorneys’ fees in connection with district court review of denials of trademark and patent applications, the Supreme Court today granted the petition for certiorari in Iancu v. Nantkwest and agreed...
Recent developments in the copyright infringement lawsuit brought by Alfonso Ribeiro, known for playing Carlton on The Fresh Prince of Bel-Air, against video game maker Epic Games confirm the questions raised in my prior post as to whether Ribeiro could register a copyright in the Carlton dance and bring a...
The recent filing of a federal copyright infringement lawsuit by Alfonso Ribeiro—“Carlton” on The Fresh Prince of Bel-Air and YouTube celebrity, famous for "the Carlton,” his arm-swinging movements to the Tom Jones diddy "It’s Not Unusual"—raises the question of whether and to what extent choreographed dance moves can by copyrighted...
As I reported previously, following the Supreme Court’s landmark ruling that the Lanham Act’s statutory bar to registration of “disparaging” trademarks ran afoul of the First Amendment, the United States Court of Appeals for the Federal Circuit struck down a companion portion of the federal trademark law that precluded registration...
As an update of my report from last month on the circuit split on the issue of the recovery of the United States Patent and Trademark Office’s attorneys’ fees in connection with district court review of denials of trademark and patent applications, the PTO Director filed a petition for certiorari...
As summarized below, in December 2018 the New York Federal courts handed down three significant opinions relevant to entertainment and media professionals. Court Finds Hearst Engaged in Copyright Infringement by Reposting a Photograph Taken from Instagram The District Court for the Southern District of New York ruled that Hearst Communications...
Trademark and patent applicants and practitioners have grown used to (and weary of) ever-increasing Patent and Trademark Office [PTO] fees, particularly since Congress mandated that the PTO’s operations be self-funded. But, even the most cynical PTO practitioner might be surprised at the ingenuity of the PTO Director’s latest revenue generating...
Today, AltaClaro is hosting a free CLE webcast featuring RPJ Partner Mark H. Moore to discuss copyright law protections for companies' computer software. Audience Q&A will drive much of the webcast, and Mr. Moore will draw from years of experience litigating copyright cases to provide direct, practical answers and advice. Stopping Software...