This will not be the first time I’ve said that “just because it’s on the internet doesn’t mean it’s free.” Today I’ve got a case to prove it to you. I wish this case didn’t also prove that infringement claims aren’t always worth pursuing, but alas… The case in...
So the Washington Redskins have had all their trademark registrations taken away. This is because THE WASHINGTON REDSKINS mark is racist and disparaging. And the trademark law does not allow disparaging marks to be registered. Let me say that again. The REDSKINS...
The third year of Aaron | Sanders nearly passed without us noticing. Time does go faster the older you get. It’s been a year of travel for Tara and big cases for Rick – who do you think got the better end of THAT deal? In the past...
Kirtsaeng’s Near-Contempt for 1960’s-Era Legislative Materials This post continues my response to Prof. Menell’s contention that, based on the Supreme Court’s use of 1960’s-era legislative materials to construe the Copyright Act of 1976 (the “1976 Act”), it is...
Humble Pie Taste Like Sawdust but at Least it’s High in Roughage It’s fair to say that I was a little bit invested in the district court opinion in Oracle v. Google. I really thought it was a great opinion, thought it really helped clear the air about the vexed...
It’s Outrage Week! I know this is hard on the heels of my take on an outrageous attempt to leverage a dicey trademark registration into some settlement money, but at least there, you could admire the guy’s chutzpah. What I want to talk about today is willfully...
