A few weeks ago, in writing about the Supreme Court’s ruling in Petrella v. MGM, in a post entitled “The Breyer Ascendancy Deferred,” I hazarded a fearless prediction: I am wagering that Justice Breyer will, despite this setback, be voting with and perhaps writing for the majorities in the two most important IP cases coming…

Read More

As has been widely reported, the Trademark Trial and Appeal Board has ruled that “redskins” is deeply offensive slur and can not be federally registered as a trademark under 15 U.S.C. § 1052(a), which prohibits registration of marks that contain “immoral, deceptive, or scandalous matter or matter which may disparage or falsely suggest a connection with persons, living…

Read More

We have been following the rather swift progress through the courts of Klinger v. Conan Doyle Estate, a case which raises the fascinating question of when copyright protection on “franchise” literary characters who develop over a series of works, published over a period of many years, expires. Klinger, the editor of books containing original stories based on the Sherlock…

Read More