The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers. In a recently-filed California suit, named plaintiff, Kristin Cobbs, initiated a class action lawsuit against the owner of Poppi, VNGR Beverage LLC (“VNGR”) claiming its advertisement and on-label representations of
Rap Music and Cognac: The Federal Circuit Considers if the Mix is Strong Enough to Protect Cognac as a Geographic Indicator
By Cathy Dahl
In March 2019, Cologne & Cognac Entertainment of New Jersey filed a trademark application at the USPTO for recordings featuring music and artistic performances, music composition services, production of musical videos in the nature of live performances by musical artists, and providing related entertainment and information services, under the following mark:
The Examining Attorney assigned…
Authors Fight Court Order to Produce Pre-Suit Testing Data from ChatGPT in OpenAI Copyright Lawsuit
Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner OpenAI. The judge is giving OpenAI until July 24 to respond to the plaintiffs’ argument that the material should be shielded…
Targeting Algorithmic Discrimination in the Employment Context, First-of-Its-Kind Colorado AI Act Beats Out California Bills for Now
A new frontier emerges in the shadow of Colorado’s majestic peaks – Colorado’s governor signed into law a first-of-its-kind comprehensive artificial intelligence (“AI”) law in May 2024. Senate Bill (“SB”) 24-205, commonly known as the “Colorado AI Act,” regulates the risk of algorithmic discrimination arising from the use of high-risk AI systems in the…
At Least One Reason to Look Up: Celebrating 4th of July with Drone Light Shows
This 4th of July, look up and you might notice something spectacularly different lighting up the night sky. The days of stunning displays that relied solely on the crackle and pop of fireworks are numbered. In a remarkable twist of technology, drone light shows are offering a breathtaking alternative.
Imagine a fleet of hundreds, even…
Is the Art of Parody Dead?—Implications of SCOTUS Jack Daniel’s Opinion A Year Later
By Case Collard & Ellie Moser
Lanham Act’s Personal Names Restriction Does Not Violate First Amendment
By Stephen Lott
As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The decision represents something of a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment…
Can We Talk Here? – Trademark Law and Speech Rights
By Thomas James
In recent years, the United States Supreme Court has been grappling with the thorny question of how the First Amendment applies to trademarks. In this blog post, attorney Thomas B. James attempts a reconciliation of recent pronouncements.
The Slants (Matal v. Tam)
Simon Tam, lead singer of the band, The Slants, tried to register the…
The ABC’s of the DMCA for OSP’s
We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US copyright law that will help minimize the impact of allegations of online infringement. In 1998,…
U.S. Isn’t Everything – The Importance for U.S. Entities to Obtain Trademark Protection Abroad (Yes, that includes Canada)
By Robert Terzoli & Owen Wolfe
The author of the lyrics for Canada’s national anthem, “O Canada,” probably didn’t have trademarks in mind when he wrote “we stand on guard for thee.” But a recent trademark infringement win for a Maryland-based U.S. non-profit corporation in Canada shows that Canadian courts will guard against consumer confusion and enforce trademark rights even when…