Author / Michael Thomas
-
![]()
Monk Estate Not So Jazzed, Files Trademark Infringement Suit
In a blow to beer drinkers who appreciate North Coast Brewing Co.’s “Brother Theolonius” Belgian Style Abbey Ale (this author included), the estate of jazz legend Theolonius Monk filed a complaint against the…
-
![]()
Fair Use Not So Fair for Defendants in Recent Copyright Cases
Two recent cases demonstrate the limits of crying fair use in response to copyright infringement claims, particularly because they show the perils of arguing the defense to have a case dismissed at…
-
![Intellectual Property Protection]()
IP Followup: Aftermath of Tam, and More Copyright Registration Discord
A couple of recent events in IP law offer codas to issues discussed in this blog earlier in the year. Here is a quick recap: Redskins Trademark Registration Case Dies After SCOTUS Tam Ruling…
-
![]()
Summer of Love (and Knockoffs) Continues with Jewelry Copyright Case
Brighton Collectibles, a Los Angeles women’s fashion accessories company, has filed a copyright infringement suit against Macy’s over alleged infringement of its “Reno Heart Bracelet” and “Reno Heart Necklace” designs. This suit…
-
![Copyright Infringement]()
Of Sneaker Pimps and the President…
No, the first portion of the title of this post does not refer to the band the Sneakers Pimps, but rather the clothing retailer Forever 21, which just narrowly avoided getting legally…
-
![Trademark Registration from a San Francisco Trademark Attorney]()
Not Dead Yet: USPTO Enacts Rules for Reviving Trademark Registrations
New USPTO rules went into effect on July 8, 2017 regarding the procedures to bring trademark registrations and applications back to life after abandonment, cancellation, or expiration. The key takeaways relate to…
-
![Copyright attorney Michael J. Thomas]()
Free Speech Overpowers Trademark Disparagement Clause, Says SCOTUS
The Slants case finally reached a conclusion when the U.S. Supreme Court ruled that the Lanham Act’s § 2(a) (15 U.S.C. § 1052(a)), which barred trademarks that may “disparage . . . or…
-
![]()
Circuit Split Widens After 11th Circuit Copyright Registration Ruling
As previously reported in this blog, federal circuits are badly split on when registration of a copyright occurs, which is an issue that ultimately determines whether a plaintiff can sue for infringement.…
-
![Form a Small Business]()
CA Secretary of State Unveils New “Bizfile CA” Portal
Today the California Secretary of State launched a new online portal called “Bizfile California” which will make some tasks associated with business formation a little easier. Despite its location in arguably the…
-
![Business Formation Lawyer]()
Small Business Update: Ruling in ADA Case Could Impact Websites
In one of the most definitive decisions yet on the issue of website accessibility standards and violations of the Americans with Disabilities Act (“ADA”), a judge presiding over a bench trial in…
-
![]()
Tattoo U: Copyright Infringement Tattoo Case vs. Game Maker Goes Ahead
A judge in the Southern District of New York will allow the parties to proceed, counterclaims and all, in a novel case involving the copyrightability of tattoo designs and their alleged infringement…
-
![]()
Update on Recent Film Copyright Infringement Cases
Two recent film cases related to copyright law have relevant lessons for film producers and distributors. Both decisions were reached on motions to dismiss, with one court affirming dismissal and the other…
-
![]()
Trademark Infringement Case Demonstrates Need for Licensing Agreements
A recent trademark infringement case highlights the need for small businesses that are manufacturers to have iron-clad trademark licensing agreements with their distributors. Similar to situations involving copyright ownership in the work…
-
![Celebrity copyright infringement.]()
Celebrity Attracts Wrong Kind of Attention with Copyright Infringement
Khloe Kardashian has been hit with a copyright infringement suit for posting a photo of herself taken by an international celebrity photo agency named Xposure Photos UK LTD. After review of the…
