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


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 tmscams@uspto.gov

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