Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Continue Reading Nine West Asks Drag Queen Nina West to Sashay Away… From Her Trademark Application

In this week’s episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.” Continue Reading Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle

In ruling on motions to dismiss and motions for summary judgment, courts have found a number of patents ineligible under 35 U.S.C. § 101 as a matter of law.  However, in Berkheimer v. HP, the Court of Appeals for the Federal Circuit indicated that in certain instances, the determination of patent eligibility under § 101 involves questions of fact and thus are questions for juries. Continue Reading Juries Will Play Role in Some Questions of Patent Eligibility

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc. v. Sirius XM Radio, Inc., the Ninth Circuit confronted the issue of “whether digital and satellite radio stations have a duty to pay public performance royalties for pre-1972 songs under [California] copyright law.” The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. Continue Reading “Happy Together” – The Ninth Circuit Plays the Golden Oldies of Copyright Law