Classic Copyright Issues

If I played “Blue Danube” by Johann Strauss II, you would probably recognize the song immediately. In fact, there are dozens of classical pieces that many of us are probably familiar with, even if we don’t listen to classical music regularly. Copyright for classical music can sometimes cause issues for YouTubers and other internet content creators. For example, a YouTuber might think that they are free to play a song because the composer has been dead for centuries. However, the recording they choose to play in their videos might be protected by copyright law and result in the video being taken down! Two content creators named Ludwig Ahgren and “JSchlatt” took it upon themselves to solve some of their copyright problems once and for all. To understand what they did and how they did it, we should talk about copyright law first.  Specifically, let’s look at the distinction between copyright protection over a musical composition versus a sound recording. Continue reading “Classic Copyright Issues”

“Scamilton” – Copyright Troubles in “Way-Off” Broadway Productions

When I was in high school, the annual musical was always a big deal. They would do renditions of famous productions such as Fiddler on the Roof, The Sound of Music, and even Disney’s High School Musical. Although I had long since graduated from high school by the time my favorite musical Hamilton became popular, I noticed that there weren’t really productions of it outside of Broadway sponsored productions. Perhaps a recent controversy regarding the threat of a copyright lawsuit and an unauthorized Hamilton production at a Texas church helps explain why…

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Nike v. StockX: “Running” to NFTs

Have you heard of NFTs, or non-fungible tokens? In recent years, NFTs and their associated intellectual property rights are increasingly embroiled in legal battles. One such example is Nike v. StockX, a NFT trademark case filed in the U.S. District Court for the Southern District of New York. This case demonstrates that fashion brands like Nike are willing to battle in the courtroom for intellectual property rights in NFTs.

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Kim Kardashian’s Latest Line Is Causing Trademark Trouble

Everyone knows her. Some dislike her. Ultimately, she’s one of the wealthiest women in the world. She has her hands in everything from entertainment, to clothing, to gaming. She is even currently studying to be a lawyer. Kim Kardashian seems like she may have it all, but her latest business venture may not be what she was hoping for.

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Taking a Bite Out of the Apple: Apple’s Crusade against Trademark Infringement

Apple is one of the largest companies in the world with arguably the best brand recognition of any global company. No matter what country you are in, if you mention Apple most people would recognize the brand and its suite of Macintosh and iPhone products. You may even be using an Apple product right now to view this article. Continue reading “Taking a Bite Out of the Apple: Apple’s Crusade against Trademark Infringement”

Cat Got Your Trademark

We’re all used to seeing the big Caterpillar industrial machines featuring the word CAT. The CAT mark has been easily recognizable at any construction site throughout America for decades. Because of the brand’s popularity, Caterpillar expanded its use of the CAT mark to include apparel, headwear, bags, and other accessories. Caterpillar sells its clothing through its website and prominent retailers such as Amazon, JCPenney, and Sears. Its products have been featured on national television programs, newspaper and magazine articles, online publications, and fashion and lifestyle publications. However, CAT may have some competition.

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Even a Former President Can Get into Hot Water With the USPTO

Donald Trump, a divisive figure in our current political climate, has faced a massive setback with his new social media network “Truth Social.” On August 2nd, the United States Patent and Trademark Office (“USPTO”)  denied Trump’s application to federally register (which grants federal protection of the trademark) the network’s name as a trademark. This is one of many setbacks that the former President has faced since leaving office. This relatively minor setback could potentially cause major re-branding issues for Truth Social further down the line if his appeal is unsuccessful. If Trump continues using the mark, he may be sued and will eventually have to change the name of his social media network or incur major legal fees.

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