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A Sad Day for Happy-Talk

In a highly anticipated ruling, the Supreme Court of the United States recently held that the disparagement clause of federal trademark law violates the First Amendment. This disparagement clause refused federal trademark registration for trademarks that are likely to disparage people, institutions, or beliefs. All eight participating justices agreed that…

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Social Media Influencers Get Fyre’d

The ill-fated Fyre Festival drew delighted mockery from Internet denizens earlier this month and continues to draw lawsuits against the organizers. Social media “influencers” played a huge role in convincing people to buy tickets to the event that never happened and they are not escaping legal action. At least one…

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Who’s First in Trademark

In the United States, trademark rights generally go to the first to use a mark in commerce as opposed to the first to file a mark with the trademark office. But what does that really mean? A recent trademark dispute case, Nexsan v. EMC, made headlines because it seemed to…

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Compulsory Licenses In The Digital Age

Are Internet streaming services cable systems under Section 111 of the Copyright Act and therefore entitled to retransmit broadcast television under the compulsory license scheme? Under Section 111, cable systems can rebroadcast traditional broadcast television content in exchange for paying a statutory license fee to the Copyright Office at the…

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Copyright and the Meaning of Art

The “Fearless Girl” statue sparked headlines around the world in March when it appeared opposite the famous “Charging Bull” statue at Manhattan’s Bowling Green. The statue, commissioned by State Street Global Advisors as an advertisement for its index fund of gender diverse companies, generated a fair amount of controversy. Among…

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