Here is a marketing conundrum. How do you brand a $575,000 specialty vehicle, built on a Ford truck chassis, that is designed to look like a tank? If you answered “Name it after General George S. Patton” give yourself a 21-gun salute. But here’s the rub—in one of the most astute tactical moves of his storied military career, Patton…

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Last year the corporate alter ego of former Turtles frontmen Howard Kaylan and Mark Volman—Flo & Eddie, Inc.—filed a class action lawsuit against Sirius XM. Their claim is that pre-1972 sound recordings, such as the Turtles’s classics “Happy Together” and “Eleanore,” which have no federal copyright protection, are nonetheless protected against unauthorized use under California state law. In…

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A recurring theme in our posts under the “Fair Use” tag has been the rise of “transformative use” as a litmus test that not only supplements, but often virtually supplants, the  four statutory fair use factors—the purpose and character of the secondary use, the nature of the original work, the amount of the original used, and the…

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We will likely never know whether a monkey, put in a room with typewriter and given sufficient time, will actually type out Hamlet, but we do know now that a monkey given a camera can take a pretty good selfie. Wildlife photographer David Slater found this out when, during a shoot in Indonesia, a crested black macaque stole…

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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…

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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…

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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…

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In some earlier posts (titled The Breyer Ascendancy and the The Breyer Ascendancy, Part II) I have suggested that we may have  reached an inflection point where Justice Breyer is no longer just the Supreme Court’s leading skeptic on intellectual property protection, but where he is primed to lead his colleagues in a major retrenchment of IP protections.  Though I…

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It has been almost 25 years since Laramie, a small Philadelphia-based purveyor of “rack” (read “knockoff”) toys switched roles and scored an enormous hit with its TV-advertised, patented, and SUPER SOAKER® branded line of air pressure water guns. As Laramie’s chief intellectual property enforcer at the time, I remember well several frenetic years of legal…

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The American Society of Composers, Authors, and Publishers (ASCAP) is 100 years old today. I have a guest post on ASCAP’s profound influence on the course of American popular music over at the Oxford University Press blog.

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