The End of an Era: Sega of America, Inc. v. Fox Interactive (aka Crazy Taxi vs. Simpsons Road Rage)

Happy Tax Day everyone! (I’m writing this on Monday!) Also, happy Crazy Taxi patent expiration day! If you’re a millennial like me, you’re probably familiar with the Sega arcade game, “Crazy Taxi.” (arcade release in 1999) And…if you were suffering through high school a few years later, I bet you know of that classic Crazy … Read more

Is This Something?

Much like Letterman used to ask, “Is this anything?“,  clients often ask “Is this a trademark?” The answer to that depends on the answers to the following questions: Is whatever it is connected to the good or service being sold?  Will the customer see your product and the proposed mark together at the time they … Read more

Sorry For Partying

Last week was a bit of a let down, wasn’t it?  Here’s all of these interesting facts, and then thbbt! No resolution.  This week is better.  This one also involves the manipulation of a photograph but with a lot more humor. This time, Sconnie Nation, a t-shirt company, used a photo taken by Michael Kienitz … Read more

When it goes Fairey, Fairey wrong

Fair use is a defense, but it isn’t always a slam dunk winning defense.  Shepard Fairey is a graphic artist and known for street art.  You may not recognize his name, but you likely recognize at least one piece of his work:  The Obama HOPE poster. The photo is instantly recognizable and arguably iconic.  It … Read more

The Set Up

As we discussed earlier, courts look at the purpose and character of the use for both the original owner and the derivative use.  Courts look at how the party claiming fair use is using the copyrighted work.  Is the derivative use meant to make money?  If so, it is more likely to be found infringing, but if … Read more

Only Three Fairs in the World

Jeff likes to say, “There are only three “fairs” in the world: The county fair, the state fair, and the World’s Fair.”  However clever that is, in copyright law, we also have fair use. I’ve been getting asked a lot of forms of, “If I do X, am I doing something wrong with someone else’s … Read more

Top Marks For Serving Goods

Companies use words, designs, logos, colors, sounds and smells to help customers find and remember the company’s wares.  If you want to buy a cold, caffeinated, carbonated beverage, you may choose a distinctively shaped bottle with cursive writing.  If you are looking for tax preparation services that has its own online software, you may choose … Read more

That’s Some Pig

In order to obtain a trademark registration, you have to show your mark actually being used on the goods or services being claimed in the application.  It’s called providing a specimen of use.  Sometimes, that is really easy.  Nike claims their “Swoosh” on shoes, and there it is on the side of the shoe (and … Read more

But…But, It Wasn’t Me

We discussed infringement last week, but what we didn’t say was this is “direct infringement.”  This is when the party who is held responsible is the one who actually engaged in infringing activities. OK, that makes sense, but you’re thinking, “If you are saying that, then there is something else? Someone can be held responsible … Read more