Join Josh Escovedo and Jessica Corpuz in this one-hour webinar about Intellectual Property Law and will specifically address The Consolidated Appropriations Act of 2021.

Program Summary:
The Consolidated Appropriations Act of 2021—arising from the December 2020 stimulus bill—made significant changes to intellectual property law, unbeknownst to many practitioners. This webinar will focus on the changes

Is it possible to legally protect an idea?  The answer is: not really.

Intellectual property is intangible personal property.  There are four types of intellectual property that are protected by law:  patents, copyrights, trademarks, and trade secrets.  A separate set of laws governs each one.  Although ideas may be intangible personal property, ideas do not

The Supreme Court recently denied petitions for certiorari in two of the most highly watched intellectual property cases before the Court. Those cases were Jack Daniel’s Properties Inc. v. VIP Products LLC and The Moodsters Company v. Walt Disney Company. Both cases were on petition from the Ninth Circuit and are summarized below for your convenience.

I.          Jack Daniel’s Properties, Inc. v. VIP Products LLC

In Jack Daniel’s Properties, Jack Daniel’s sued the maker of a dog toy, known as the Bad Spaniels Silly Squeaker, that was comedically modeled after the Jack Daniel’s Old. No. 7 bottle. The toy was a clear parody, but Jack Daniel’s alleged that the toy infringed its intellectual-property rights. VIP Products argued that their use wasn’t infringement because the toy was an expressive work entitled to First Amendment protection under Rogers v. Grimaldi. The district court rejected the argument and found VIP Products had infringed Jack Daniel’s trademark/trade dress.
Continue Reading Supreme Court Update: SCOTUS Denies Review of Two Highly Watched IP Cases

With the proliferation of social media and the ready access to images on the Internet and on any number of platforms, it’s just so easy to copy an image or video that moves you and post it on your social media accounts.  Easy to imagine how this can happen.  However, it’s important to remember that just because an image is posted on the internet or on a social platform doesn’t mean one can copy it and post it as your own.  Over the past two years, Justin Bieber, Emily Ratajkowski, Katy Perry, Gigi Hadid, Khloe Kardashian, LeBron James, Deshaun Watson and others have found themselves being named in lawsuits for copyright infringement arising out of just that; posting a photo of themselves on their social media accounts where the photo was taken by someone else.  While the majority of these cases settle, a few celebrities have decided to fight back.

In 2019 model and actress Emily Ratajkowski was sued over one of her Instagram stories featuring a photo of her that was taken by a paparazzi.  The photo showed her holding a vase of flowers covering her face while she was walking in NYC.  In October 2019, she filed a motion for summary judgement, attacking the plaintiff and his counsel, Richard Liebowitz, claiming that they “have brought this case in bad faith, attempting to turn a critical internet post that was available for only 24 hours into an unsubstantiated payday”, and raising a potentially viable defense – fair use.
Continue Reading Copyright Risks of Posting a “Non-Selfie”