9/8/2025 3:56:58 PM Psychic Readings and Legal Proceedings: Miss Cleo and Copyright Law By Brian Murphy In the 1990s, commercials for pay-by-the-minute 1-900 phone services were ubiquitous, especially in the wee hours of the morning. In the...
3/2/2024 11:55:51 PM Swimming Pool Parts Manufacturer Owes $15 Million for False Advertising By Kimberly Maynard Last week, a North Carolina federal jury charged Blueworks Corp., a swimming pool equipment manufacturer, with $14.7 million in damages...
8/6/2023 6:29:22 PM Do Consumers Think That "Texas Pete" Hot Sauce is Made in Texas? By Jeff Greenbaum T.W. Garner Food Co. makes "Texas Pete" hot sauce. The product label includes a cartoon image of a cowboy throwing a lasso as well as a...
3/1/2023 12:33:38 AM Throwing Shade at Slim Shady? Eminem’s Opposition to the TM Registration for “Reasonably Shady” By Brian Murphy Kimberly Maynard May I have your attention, please? Shade and shady are glorious words, with rich history and evolving, overlapping and metaphorical...
2/14/2023 7:44:34 PM Does Adding a Spiral Binding to a Book Create a Derivative Work Under Copyright Law? By Brian Murphy Plaintiff Steeplechase Arts & Production publishes musical instruction books, including Piano Book for Adult Beginners: Teach Yourself...
12/2/2022 1:18:32 AM Mozzarella Sticks Suit Proceeds Against Manufacturer, but not TGI Friday’s By Ariel Radow Earlier this week, an Illinois federal judge allowed a class action lawsuit against the manufacturer of “TGI Friday’s Mozzarella Stick...
6/28/2022 11:29:55 AM 23 State Attorneys General Call for Congressional Action on Copycat THC Edibles Marketed to Children By Ariel Radow Twenty-three state attorneys general have called on Congress to address marijuana copycat products that resemble common, name-brand food...
5/18/2022 1:08:26 PM Hopelessly Devoted to Fair Use: District Court Holds that Vape is Parody of Grease By Brian Murphy Sketchworks Comedy is the producer of Vape, a play advertised as a "millennial parody" of Grease. (You can watch Vape's trailer here.)...
8/18/2021 5:38:09 PM You're Invited: "Evolving Restrictions on the Use of Corporate Branding" By Jeff Greenbaum The International Advertising Association, in cooperation with the Global Advertising Lawyers Alliance, is hosing a webinar, "Evolving...
7/22/2021 12:30:36 AM FTC Issues Enforcement Policy Statement on Repair Restrictions By Jeff Greenbaum The Federal Trade Commission issued an Enforcement Policy Statement on "Repair Restrictions Imposed by Manufacturers and Sellers,"...
2/24/2020 1:35:08 PM "Life's Been Good," Until You Don't Get the Rights You Need By Jeff Greenbaum An important challenge that marketers and advertising agencies face when producing advertising is ensuring that they've properly cleared...
7/21/2019 12:00:09 PM Marines Tell Congressman to Stop Using Marines Trademarks in Marketing Materials By Jeff Greenbaum Last week, the United States Marine Corps told Congressman Duncan Hunter to stop using Marine Corps trademarks in his marketing...
4/16/2019 3:03:32 PM Using a Competitor's Trademarks in Your Hashtags? By Jeff Greenbaum When promoting your product in social media, can you use your competitor's trademarks in your hashtags? That was one of the key issues...
5/23/2018 12:00:00 AM On Graffiti, Public Art and Snoopy By Brian Murphy As a kid growing up in the suburbs of Boston, we often drove into the city, and a highlight of the ride was passing by the oil tank on...
5/9/2018 11:04:16 PM TTAB Allows Registration of DR. DRAI Trademark by OB-GYN By Dorna Mohaghegh The Trademark Trial and Appeal Board (“TTAB”) dismissed hip-hop mogul Dr. Dre’s opposition to registration of the trademark DR. DRAI (and...
5/4/2018 6:30:27 PM Keyword Advertising with Competitor’s Trademark Was Not Evidence of Bad Faith By Dorna Mohaghegh In ZW USA, Inc. v. PWD Systems, LLC, plaintiff ZW is the owner of federal registrations for the trademarks ONEPUL and ZEROWASTE for...