End of Year Edition
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Flora-Bama Shore trademark doesn’t stop regional references
MGFB Properties, Inc., et al. v. 495 Productions Holdings LLC, et al., No. 21-13458 (11th Cir. 2022)
Copyright office reverses grant of registration for A.I. generated Comic illustrations.
Guns N’ Roses – Texas Flower & Gun Shop sued by Band
Guns N’ Roses v. Jersey Village Florist, LLC California Central District Court
PUBLIC SERVICE ANNOUNCEMENT – Trademark Scams
Should you receive a request for help with bulk-filing trademark applications, the USPTO asks that you please gather as much data as possible and report it via email to email@example.com
2Live Crew Attempts to Terminate Copyright (Mark)
Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989)(work for hire)
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (just for a fun look at 2LiveCrew copyright history in the making)
2022 Year in Review
- Emerging Split of Authority Re: Originality Determinations Episode 141
- Prince Prevails on Trademark of Purple Rain Episode 149
- PreEmption and Stolen Lyrics Episode 143
- Cardi B Defamation lawsuit EP 142
- Nevermind baby lawsuit (Last discussed Ep 149)
- SCOTUS: Actual Knowledge Needed to Invalidate Copyright Applications Episode 143
- Warhol v Goldsmith Episodes 144 & 150
Looking forward into 2023
USSC to decide: Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
USSC grants Cert in Jack Daniels / Bad Spaniels chew toy trademark case – will address the “Rogers Test”
RADIO ROYALTY PROPOSAL PASSED BY US JUDICIARY COMMITTEE, HEADS TO HOUSE AND SENATE NEXT https://completemusicupdate.com/article/us-congressional-committee-to-consider-latest-radio-royalty-proposal-this-week/
https://www.congress.gov/bill/117th-congress/house-bill/4130/text (the bill)
- NFTs will continue to present novel issues…
- NIL rules and regs
- More ISPs to be hit with large damages awards for failing to enforce their own takedown policies.
- AI a growing issue