Duke vs. Duke – The Epic Trademark Battle That Never Happened

Alright everybody, file this one under: “Wow, he really likes video games and cartoons.” After my last fun post about Crazy Taxi, I got to thinking about two more great characters from my childhood – Duke Nukem (of Apogee \3d Realms fame) and Duke Nukem (Captain Planet’s radioactive nemesis). How could two identically named characters … Read more

Permission to Come Aboard

Lots of events have sponsors. Sometimes to be a sponsor, a company or individual pays a fee or provides in kind services. In return, the event or organization tells their audience who is supporting them in the endeavor. Sometimes, it is hard to tell when an entity is being supported by another. This always becomes … Read more

Mind the Steps: MadTown’s Accessibility

Joseph Beckmann, our intrepid summer law clerk, had a question, “Why are some buildings ADA compliant and others not?” And so a research project and blog post came to be! Enjoy the fruits of his labor. When businesses look to move into a space or look to construct a new building , one of the … Read more

When Disaster Strikes

My friend Scott said something simple, but profound to me this weekend, “Two is one, and one is none.” We weren’t talking about business or the law; he was remarking on the fact that my audible altimeter had died on the way to altitude – and thank God, I had another one on my wrist. … Read more

Tennessee Wine and Spirits Retailers v TABC

In our ongoing coverage of the Supreme Court this term (apparently we’ve turned into a news feed), this week the United States Supreme Court weighed in on alcohol beverage distribution issues (Tennessee Wine and Spirits Retailers Assn v. Tennessee Alcohol Beverage Commission, decided June 26, 2019). Justice Alito wrote the opinion for the majority (7-2), … Read more

FUCT Marks are Allowed

According to statue, someone could not register a trademark if it “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection … Read more

The Legal Status of Mashup Music

I am a pretty big fan of mashup. If you haven’t heard of mashup music before, take a listen to Pandamonium [sic] by the White Panda: https://thewhitepanda.bandcamp.com/track/pandamonium-continuous-mix. “A mashup is a creative work, usually in a form of a song, created by blending two or more pre-recorded songs, usually by overlaying the vocal track of … Read more

Lola To The Rescue

I was supposed to write the blog post for last week. You may be thinking, “Last week? What was last week’s post?” Or you may be thinking, “We were missing photos of Lola!” Because, yeah, my post last week was a photo of my dog sniffing a can with an OGS can coozie on it. … Read more

Ready to Provide Seller Financing? A Few Things to Consider…

Here is the scenario: You’re a restaurateur and are ready to move on. You own the restaurant’s assets and the real estate where the location sits. You’ve found a Buyer! But, the Buyer can only get a conventional loan to purchase the real estate and doesn’t have the cash to purchase the restaurant’s assets. What … Read more