On August 26, 2020, the U.S. Securities and Exchange Commission (“SEC”) approved amendments to the “accredited investor” definition1, thereby increasing the number of persons that can participate in private offerings of securities2.  Previously, individuals that wanted to participate in private offerings generally had to be high earning or high net-worth individuals to qualify as “accredited […]

For many years, the Trademark Office has refused registration to marks consisting of a generic word combined with a top-level domain, such as “.com,” on the grounds that the combination of two generic elements cannot create a protectable mark.  The rationale for this nearly per se rule was that such marks could not be protected […]

Earlier this month, the Supreme People’s Court, China’s highest appellate court, affirmed a 2017 ruling that ordered “Uncle Martian” to destroy all infringing product, pay $300,000 in damages, and stop using a “UM” design that mimicked, and therefore infringed upon, Under Armour’s “UA” logo. Separately, in April, the Supreme People’s Court decided that the Chinese […]

When dealing with creative talent, it is imperative that a company pays close attention to their employment and intellectual property agreements to be sure that the company’s operations are not disrupted if and when the talent departs. Recent litigation between Yves Saint Laurent (YSL) (and its parent entity) and YSL’s former creative director, Hedi Slimane, […]

Background Following up on my post of May 15th, 2020, the Seventh Circuit has sanctioned Ellishbrooks for its pursuit of a frivolously doomed appeal. The sanctions order emphasizes the importance of respecting the rules and answering on time for litigants and their counsel. 

The availability of attorneys’ fees for prevailing parties in copyright cases has been a hot issue for several years, and I have commented on recent developments on several occasions. This week, the Seventh Circuit issued an opinion making clear that the applicable analysis remains grounded in a fact-intensive, case-by-case approach.  Timothy B. O’Brien LLC v. Knott, […]

Accelerating a recent trend, the Ninth Circuit has held that misstatements in a copyright application may invalidate a resulting registration and jeopardize an infringement verdict based on the registration.  

A recent decision from the United States Court of Appeals for the Seventh Circuit highlights the importance of complete and timely appearances, pleadings, and discovery responses. Quincy Bioscience, LLC is the maker of the dietary supplement PREVAGEN, which is also sometimes prescribed as a memory aid.  Quincy sued Ellishbooks and others for trademark infringement and […]

When does the law belong to the People, and when does it constitute private property?  If the law is not subject to copyright protection and is free for all to copy and use, why is that, and how wide is the scope of that doctrine?

A federal judge in California has dismissed a class action lawsuit against Universal Music Group arising from a 2008 fire that destroyed an undetermined number of master recordings from artists including Tom Petty, 2Pac, Nirvana, and others.  Most of the other artists who were originally part of the suit, including Soundgarden, Steve Earle, Tupac Shakur, […]