The Federal Circuit Court of Appeals has ruled that a century-old provision in the Lanham Act disallowing registration of “immoral” or “scandalous” trademark names violates the constitutional right to free speech. Consequently, plaintiff Erik B. will be allowed to trademark the “FUCT” label on his apparel brand. Section 2(a) of…
The line between inspiration and theft continues to be blurry in the world of music, and as it turns out, Lana Del Rey is not exempt from copyright claims arising from those fuzzy definitions. The latest controversy revolves around Del Rey’s new song, “Get Free,” which is featured on her…
An important ingredient in an allegation of stealing trade secrets is that you must be able to prove you suffered financially as a result of the alleged theft. With technology changing as quickly as it is these days, it’s important for anyone thinking about suing over misappropriated software to consider…
Some companies’ products have become so associated with a particular symbol or color in the public mind that it is effectively impossible to separate them. Think of McDonald’s “golden arches” or the Apple logo. Almost everyone is familiar with the green-and-yellow logo with the leaping deer found on John Deere…
Shoes were hitting the legal dockets in numbers and mainly for Trademark reasons. Some examples of cases where shoes became courtroom drama will be discussed in this post. Let’s now look to see just who walked all over who: Shoes and branding became a reason to sue on the grounds…
Although it’s a problem most of us will probably never face, a battle currently being fought in Texas state court demonstrates why you may not want to sign away rights to your identity if you’re a celebrity chef. Kent Rathbun, a high-profile Dallas chef best known for his signature Abacus…
A trademark infringement suit recently filed in Chicago federal court shows how it doesn’t pay to have the same initials as a reality TV queen. Kim Kardashian West has won the right to have the case against her newly launched cosmetics company transferred from Illinois to her home base of…
Celebrities who were superstars in life are often bigger moneymakers in death, their estates raking in huge revenues from posthumous sales of their music, memorabilia, or commercial use of their image. One need look no further than the lucrative afterlife of Elvis Presley and Michael Jackson. Professional sports icons are…
While colleges give promising athletes a free education in exchange for playing on the school’s sports teams, colleges and universities earn it all back and much more, not just through ticket sales and advertising space at games, but other promotional opportunities featuring their student athletes. With schools raking in millions…
Advertising name-brand products that don’t actually have anything to do with the brand being named is called false advertising. It’s illegal, not only because it causes potential harm to the brand whose name is being abused, but to consumers who are misled as a direct result of the false advertising.…