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Member Articles


Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection

Authors: Alex Anfuso & Eleanor M. Lackman In Carroll Shelby Licensing v. Halicki, No. 23-4008 (May 27, 2025), the Ninth Circuit recently weighed in again on the scope of copyright protection for characters, denying ...

The Copyright Office Report on AI and Fair Use: A Generative Controversy

Author: James D. Berkley Amidst a level of intrigue rare to the Library of Congress and U.S. Copyright Office, on Friday, May 9, the Copyright Office released a detailed 108-page report containing its most extended disc ...

Drawing the Line in Between Separate Corporations: Supreme Court Vacates a $43M Trademark Disgorgement Ruling

Author: Franklin F. Franco On February 26, 2025, the U.S. Supreme Court issued a unanimous decision in Dewberry Group Inc. v. Dewberry Engineers Inc. that reaffirms a key limitation in trademark remedies: courts cannot ...

U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You

The new year is bringing with it some major fee increases from the U.S. Patent & Trademark Office (USPTO) for certain key aspects for trademark filings and other trademark prosecution. Nearly all go into effect on Ja ...

Heckman v. Live Nation: Ninth Circuit Hold Mass Arbitration Clause to Be Unconscionable

Authors: Karin Pagnanelli & Stacey Chuvaieva Earlier this week, the Ninth Circuit affirmed a District Court’s decision in Heckman v. Live Nation Entertainment Inc., finding that the delegation clause of Ticketmast ...

“Conquesting” Lawsuit Is No Conquest for Trademark Plaintiff

Lerner & Row PC v. Brown Engstrand & Shely LLC (9th Cir. 2024)Skyler M. Terrebonne On October 22, 2024, the U.S. Court of Appeals for the Ninth Circuit Court delivered the latest word on whether the practice of ...

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