Trademark and Product Placement

Product placement, by which I mean the placement of branded products in films and TV shows, is a prevalent feature in media. As a viewer, I appreciate when product placement is used (in admittedly rare instances) to drive the plot. As a trademark attorney (since I can’t seem to turn it off), I appreciate the … Read more

The Information Desk Is Two Way

At the first meeting with a potential client, they often (somewhat shamefacedly) say, “I’m not really sure if I need a trademark or copyright or something else. I guess that I don’t know the difference.”  They say it like of course, they should know the difference. Why wouldn’t they know? I mean everyone but them … Read more

Our Favorite Holiday: Public Domain Day!

On January 1, 2022, copyrighted works from 1926 will enter the US public domain.  That means that anyone can copy, share, and build upon that work, but it doesn’t mean the public can do the same for things that are already derived from the original.  What do I mean by that?  Well, the first Winnie-the-Pooh … Read more

‘Tis the Season to Be Descriptive

After last week’s post featured Lola celebrating Thanksgiving in style, it seems only fitting for this post to cover the next phase of the holiday season. That’s right, we’re talking Black Friday and Cyber Monday! Given the commercial success associated with these two days each year, you may wonder whether “Black Friday” or “Cyber Monday” … Read more

Your Face, is My Case: Personality Rights

Of all the TV attorneys out there, Jackie Chiles is my favorite. Close second, of course, is Denny Crane, but Jackie certainly takes the top prize. Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personality rights.” From … Read more

A Cut of What?

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

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