NCAA Gives Student-Athletes Glimpse into the Big Leagues

For years, the NCAA has consistently adopted rules and policies aimed at prohibiting collegiate athletes from receiving any money from their status as student-athletes. They have historically been forbidden from capitalizing on their fame or likeness, meaning that compensation to student athletes has been traditionally limited to qualified scholarships or…

European IP Rights and Brexit

With U.K. Prime Minister David Cameron’s election back in 2015 came his announcement that the U.K. would hold an “in/out” referendum to decide whether the nation would remain part of the European Union. The country was strongly divided, with 52% voting for a departure and 48% voting against—a startlingly close…

SCOTUS SPOTLIGHT: In a Victory for the 1st Amendment, Supreme Court Rules Trademark Office Cannot Refuse to Register Offensive Marks

June 19, 2017. In Matal v. Tam, SCOTUS was asked to decide whether an Asian-American band name, “The Slants” was prohibited from attaining a federal trademark registration. The Lanham Act statute in question, 15 USC 1052(a), prohibits registration of trademarks which may be disparaging, bring contempt or disrepute to any…

Featured Client: Charlie Johnson, Fire & Ice

Congratulations to Charlie Johnson, of Fire&Ice, LLC for getting his kickstarter campaign off and running: https://www.kickstarter.com/projects/1166293367/fit-roller-ultimate-warm-up-performance-and-recove?ref=2&utm_source=2&utm_medium=2&utm_campaign=launchboom Charlie is a celebrated strength trainer in San Diego who perceived a need, and invented a great improvement over standard foam rollers.  His product can readily move from hot to cold, depending on workout…

SunEarth Inc. v SunEarth Solar, et.al.: Easier to Shift Fees in 9th Circuit Trademark Cases

October 24, 2016.  In the matter of SunEarth, Inc. v. SunEarth Solar, the 9th Circuit has made less stringent the standard to shift fees to an adversary.  In the past, appellate courts across the country reviewed fee award standards under the "exceptional" standard, which normally required really bad conduct in litigation or…

Pabst Blue Ribbon uses Twitter to Police Intellectual Property Rights

Last week beer maker Pabst Blue Ribbon, a/k/a PBR, used its Twitter account @PabstBlueRibbon in a humorous way to forewarn professional wrestler superstar John Cena and his employer World Wrestling Entertainment, Inc. (d/b/a WWE) of PBR’s intellectual property (IP) rights. As shown in PBR’s tweet below, John Cena’s new T-shirt…

Trademark Disputes under the UDRP and Further Globalization of the World Wide Web.

ICANN, short for the “Internet Corporation for Assigned Names and Numbers,” has always been an organization tasked with international cooperation, but recently, ICANN has announced policies suggesting that the internet will become even more global than before—and it appears to been ceding some of its authority over the internet to…