Yandy Infringes Upon Sesame Street’s Big Bird Trademark

Can a company’s mascots be trademarked? The answer to that question is yes, yes they can.  A trademark is defined by dictionary.com as any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or […]

Proving Trademark Infringement in the Ninth Circuit

To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a valid […]

The Bullies of Copyrights

No one likes bullies. Who doesn’t remember the school bully picking on someone on the playground? Unfortunately, bullies can be found outside of the school playground. They exist everywhere, even when it comes to copyright laws. Copyright laws are set in place to protect others from infringing on an individual’s original work. However, what happens when an individual or […]

Trade Dress Your Product

In 1916, a glass bottle manufacturing company in Terre Haute, Indiana won a bottle design contest.  Their contour shaped bottle is today recognized worldwide by billions of consumers and is one of the most recognizable examples of trade dress protection.   The glass bottle company was The Root Glass Company.  The bottle they designed was for […]

Joint Authorship Versus Work Made for Hire

“Do you like apples?  Well, I got her number. How do you like them apples?”  These three sentences have got to be my all time favorite lines from the movie Good Will Hunting.  Good Will Hunting was co-scripted by Ben Affleck and Matt Damon back in 1997.  Their creative partnership is a perfect example of […]

Difference between Civil Law and Criminal Law

Who can forget the murder trial of OJ Simpson?  Back in 1995, OJ Simpson went to trial for the murder of his ex-wife Nicole Brown Simpson and Ronald Goldman.  The criminal trial captivated the attention of the American public and the world over.  In the end of the long nine month trial, OJ Simpson was […]

Can a Celebrity be More Marketable Dead than Alive?

Have you recently seen the new Dior J’Adore commercial starring Charlize Theron?  Did you happen to notice her co-stars in the commercial?  If so, you may have seen cameo appearances made by Marilyn Monroe, Grace Kelly, and Marlene Dietrich. Isn’t it nice these famous leading ladies were able to come back from the dead to […]

Better Coin that Catchphrase

As a native New Englander, I have been known to say the phrase “wicked awesome” repeatedly when describing an enjoyable moment. This phrase is quite commonly used by New Englanders so it is not very original.  However, if I was a professional athlete I may wish to trademark this catchphrase.  As a famous athlete, this […]

Can I Squat and Take Over an Abandoned House?

The answer to that question is “yes”. However it is a lot more complicated than moving in and staying there. With the massive number of houses in foreclosure, many of them are sitting empty for long periods. There have been cases where people have gone into these homes and stayed in them for a few […]

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