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Black Friday’s (Trade)Mark On Consumer Preferences

It’s finally here – Black Friday. How many of you are already done shopping for the day, out at 4 A.M. to hit the local doorbusters? Perhaps some of you got a head start at midnight on Thursday, or even right after your Thanksgiving dinner. Either way, today kicks off the biggest shopping season of [..]

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A Case Of Genericide?

Genericide – a kind of bug spray or potential doom in the intellectual property world? This word strikes fear in the hearts of trademark owners the same way it takes care of common household pests. But, instead of applying to the owner, it applies to their trademarks. Genericide occurs when a registered trademark loses its [..]

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The Bananas Conclusion To The “Monkey Selfie” Case

The intellectual property world is going bananas about the most recent copyright news. Remember back to a blog from two years ago, if you will (click here for a refresher.) A photographer was in Indonesia when one of the monkeys he was observing picked up his camera and snapped a photo of himself. The photographer [..]

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On A Dark Desert Highway, Infringement In The Air?

When you hear the words “Hotel California,” what pops into your head? It is a pretty safe bet to guess that it’s The Eagles hit song from their 1976 album of the same name. The song has been the band’s most popular, and it is easy to get the catchy melody stuck in your head. [..]

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Disparaging Trademarks – Are These Government Speech?

Football season is quickly approaching, and football fans have a lot on their minds. Who will they draft first in Fantasy Football? Should they get tickets to a home game? Who will make it to the Super Bowl? While these are some of the more prominent questions, another issue may be forefront in the minds [..]

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Is Using Social Media Your Constitutional Right?

Can you imagine not being allowed to use social media? Not being able to keep up with celebrities on Instagram? Follow your favorite news sites on Twitter, or connect with old friends on Facebook? The good news is, you don’t have to imagine such a thing – the Internet is here to stay, and freely [..]

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No Kisses for Infringers – Hershey’s Latest Trademark Battle

Hershey chocolate is a household name in America – you would be hard pressed to find someone who hasn’t tried a Hershey bar at some point in their lives. And that’s not to mention the many other products Hershey makes, including baking supplies, sundae toppings, and plush toys modeled after their iconic candy. They even [..]

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“Kiss” A New Prince Album Goodbye – At Least For Now

Last Friday, April 21st, marked the one-year anniversary of Prince’s tragic death. In the year he has been gone, we have seen many vigils, tributes, and fans listening to his most famous songs over and over again in remembrance. Prince’s death was one of hardest hits in a year of copious celebrity deaths, and his [..]

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We Are Living In A Material World – Full of Trademark Issues

Craft beer has become one of the biggest new trends in the past few years. Small breweries are cropping up all over the country, and they’ve been producing more creative, interesting beers. With more brewers, however, comes more competition. These breweries are fighting not only to make the best tasting beer, but also come up [..]

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Defending Against a Beatle – A Copyright Battle in the UK

So now that you have some background information, let’s go deeper into the current case. To recap, Paul McCartney is currently involved in a case against his publishers over the copyrights to a large collection of his works. McCartney has properly served Termination Notices to the Defendants, but Defendants will not admit that they are [..]

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