As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark”. I then break the unfortunate news that there is no such thing as an “international trademark”. Instead, registered trademark protections only extend to the national borders where the mark is registered. This means that … Read more
We’ve all asked when on a food blogger’s site, “Why can’t you just give me the recipe and not your life story?” Many have listened to this complaint and added a much (to me) valued “Jump to Recipe” button on the top. But I am here to defend all those stories that I often skip. … Read more
Many of our readers are likely familiar with Eminem’s hit single “Lose Yourself.” I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” In recent weeks, “Mom’s Spaghetti” made national headlines for a different reason. A “Mom’s Spaghetti” restaurant took its “chance to blow” by opening in downtown … Read more
I remember sitting in my Property Law class as a first year law student and learning about the “bundle of sticks,” a metaphor law school professors use to describe property law. In short, each property right is a “stick” taken together as a “bundle.” For example, the property management company that owns my apartment owns … Read more
Late last month, a little clock-app and a handful of online creators made moves that are likely to permanently alter the existing copyright landscape. That’s right, Tiktok, an app with over 689 million active monthly users, and creators like Keara Wilson (the dancer who choreographed the insanely viral Savage Challenge dance to the Megan Thee … Read more
Cyberpunk 2077 is the 2020\2021 equivalent of Duke Nukem Forever: Protracted development timeline, multiple delays, and upon eventual release – mixed reviews. Although Cyberpunk certainly faired much better than Nukem did from a gameplay and critical reception standpoint – the legal fallout experienced by CD Projekt (developer of Cyberpunk) has been decidedly much worse. Not … Read more
Royalties, the Net v. Gross Profit Distinction, and Dolly Parton. Part 2 Welcome back to the Dolly Parton party. Last week we picked up where we left our heroes last week – struggling with the tension between artistic collaboration and the need to delineate legal ownership. This second installment deals with the potential subjectivity of … Read more
Royalties, the Net v. Gross Profit Distinction, and Dolly Parton. Part 1 One of my guiding life principles is as follows: if it can include Dolly Parton, it should include Dolly Parton. Dolly Parton makes things better, and she is relevant in almost any discussion. Creating a children’s library? Reference Dolly Parton. Citing vaccination statistics? … Read more
for our lives to be over! If you’re of a certain age, I hope that the title of this post caused you to belt that one out. Man, the nineties and early 2000’s were a beautiful time (which is exactly what my Dad says about the 70’s). “I Don’t Want to Wait” by Paula Cole … Read more
Big weekend! Taylor Swift has re-released her 2008 album “Fearless” to claw back ownership of, and agency over, her music after the much publicized sale of the original master recordings to a private equity firm. The release, of course, is taglined, “Taylor’s Version” – but what is the (copyright) legality behind how Taylor was able … Read more