Trade and Manufacturing Monitor
V-I-C-T-O-R-Y for the Fashion Industry: SCOTUS Establishes Uniform Test for Protection of Artistic Works Applied to Apparel
The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are considered “useful articles.” However, Section 101 of the Copyright…
Facebook Agrees to Pay $10 Million to Settle Right of Publicity Suit
Facebook has agreed to pay $10 million and make various changes to its terms in order to settle a lawsuit alleging that the company's Sponsored Stories violates members' rights of publicity. With Sponsored Stories,…
You May Not Be As Lucky As the NY Yankees
In working with brand owners large and small, I find a surprising number of instances where independent contractors are hired to create content without a proper work for hire or other agreement to protect the company.…
Obama Campaign Sues Company for Trademark Infringement
Last week, President Obama's campaign committee filed a trademark infringement lawsuit against a company for allegedly using the campaign’s trademarked “Rising Sun” logo without permission. According to the complaint,…
Brand Owners Take Note: New Domain Names Mean Big Changes
Just when you thought domain name enforcement couldn't get more expensive, ICANN presents: the New gTLDs! Starting January 12, 2012, ICANN began accepting applications for new generic top level domain ("gTLD") names,…