Litigation and Statutory Developments

Just over a year ago, the U.S. Court of Appeals for the Federal Circuit held that a century-old ban prohibiting the United States Patent and Trademark Office (PTO) from registering “scandalous” and “immoral” trademarks violates the First Amendment.

Last week, the Supreme Court granted certiorari to determine whether they agree that the so-called “Scandalous Clause”

Readers over 40 will remember the TV series MacGyver, which ran on ABC from 1985 through 1992. The show starred Richard Dean Anderson as a mild-mannered secret agent with an uncanny ability to escape the gravest perils by repurposing ordinary objects around him.  The show was such a hit that “macgyver” entered the lexicon to

The U.S. Court of Appeals for the Fourth Circuit ruled last week that deceptive editing in Katie Couric’s gun violence documentary did not rise to the level of a defamatory statement to support a defamation action.

The suit centers on a twelve-second clip in the documentary, Under the Gun.  The film concerns gun policy

Camille Pissarro’s Rue Saint-Honoré, dans l’après-midi. Effet de pluie {Public Domain pre-1923}

The oil painting by renowned impressionist Camille Pissarro titled “Rue Saint-Honoré in the Afternoon, Effect of Rain” appears innocent enough.  The work depicts a boulevard in Paris during a dreamy drizzly afternoon in 1897.  But it is what appears

Normally, efforts to halt arbitrations are dead on arrival if an arbitration agreement exists between the parties.  This is especially so when there is no dispute over the scope of the arbitration provision or the claims that are subject to arbitration.

restraining orderIn Shawn C. Carter p/k/a Jay-Z, et al. v. Ionix Brand Group, Inc., et

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Cody Lundin’s lawsuit against Discovery for allegedly defaming Lundin in its reality series “Dual Survival” was voted off the island earlier this month when a district court in Arizona granted Discovery’s motion for summary judgment.  Lundin’s claims arose from an episode titled “Journey’s End to a New Beginning” which depicted

Shortly after the 2015 debut of the hit Fox Television show Empire, Clayton Tanksley sued the studio, distributor, producer and creators of Empire for copyright infringement and related claims in the United States District Court for the Eastern District of Pennsylvania.  Tanksley’s claims stem from an alleged 2008 meeting with Empire’s creator and producer,

We last blogged here about the Second Circuit’s denial of TV Eyes’ fair use defense in a lawsuit brought by Fox News. Now the Wikimedia Foundation (owner of Wikipedia), joined by other free press advocacy groups, have filed an amicus brief in support of TVEyes’ petition for the Supreme Court review.U.S. Supreme Court building in Washington, DC

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