Recent Posts by Michael Thomas

Bikram Prepares for Appeal to SCOTUS in Copyright Infringement Case

Well that didn't take long... Yoga guru Bikram Choudhury has begun laying the groundwork for an appeal to the US Supreme Court of his copyright infringement case in which he has lost at the district and appellate levels. The three-judge panel that heard his 9th Circuit appeal granted his motion and issued an order today staying their mandate for…
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Of Trademarks & T-Shirts: Tales of Superdad and a Beast

Purveyors of T-shirts beware: before you invest in a design with a clever play on words or an adaptation of an iconic drawing, consider these two recent incidents that illustrate in divergent ways why you should have your proposed trademarks checked by counsel. In the Central District of California, DC Comics sued T-shirt maker Mad…
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9th Circuit Slams the Door on Bikram’s Rehearing Request

The 9th Circuit has rejected Bikram's request for an en banc rehearing after losing his copyright infringement case at the district court and appellate levels. The three judge panel that heard the appeal voted 2-1 to reject the rehearing request. The full 9th Circuit court was advised of the request but no active judge requested a vote…
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Popcorn-Worthy: First Amendment Plays Key Role in Recent Trademark Cases

Two recent cases demonstrate rare intersections of trademark and constitutional law that may require onlookers to get some popcorn ready as the arguments play out in federal courts this year. In Twentieth Century Fox Television v. Empire Distribution, Inc., Fox, a declaratory relief plaintiff, is battling Empire’s trademark infringement counterclaim by invoking the First Amendment via…
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