On July 14, 2026 the U.S. Copyright Office submitted a proposed new fee schedule to Congress. Changes could be coming in November, 2026. Read what the proposed fee increases are.
The post Copyright Fee Changes appeared first on Cokato Copyright Attorney: The Law Blog of Thomas James.
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Who Decides Distinctiveness?
The United States Supreme Court has granted certiorari to review the decision in Riseandshine Corporation, dba Rise Brewing v. Pepsico, Inc., in which the Second Circuit Court of Appeals held that RISE, although suggestive, is weak as a matter of law. Other circuits have treated distinctiveness as a question of fact for a jury, not…
Cox Communications v. Sony Music
The Scope of Contributory Liability for Copyright Infringement Cox Communications, Inc. v. Sony Music Entertainment, 607 U.S. __ (2026) I didn’t list contributory liability for infringement as one of the enduring non-AI issues in copyright law, but this year’s decision in Cox Communications v. Sony Music Entertainment is a reminder that issues thought to have…
Top IP Cases
2023 was a big year for U.S. intellectual property law. Major developments occurred in every area. Here are the highlights
The post Top IP Cases appeared first on Cokato Copyright Attorney: The Law Blog of Thomas James.
How to Do a Trademark Image Search
As I mentioned in my last blog post, the USPTO’s new online Trademark Center now includes a feature that makes it much easier to conduct a trademark image search. This means that instead of scouring the Trademark Design Search Code Manual to try to identify the design attributes that a logo or proposed design possesses,…
The New, Improved Trademark Center
With the 2026 additions, the Trademark Center changes everything from how you search to how much you pay.
The post The New, Improved Trademark Center appeared first on Cokato Copyright Attorney: The Law Blog of Thomas James.
Can You Copyright a Band Name?
It is one of the most common questions artists, entrepreneurs, and other content creators ask. It is also based on a fundamental misunderstanding of how intellectual property works. While both copyrights and trademarks give owners exclusive rights, they protect entirely different things for entirely different purposes.
The post Can You Copyright a Band Name? appeared…
Longstanding and Emerging Legal Issues in Trademark Law
Trademark law protects brand identifiers like names, logos, words, slogans, and other things, ensuring consumers aren’t deceived about the source of a product or service. It also protects businesses from unfair competition. Core concepts include use in commerce, distinctiveness and the likelihood of confusion, which dictate whether a mark can be registered and enforced. Whether…
Enduring (Non-AI) Legal Issues
With so much attention being given to the legal issues that AI-powered technologies are generating, it can be easy to overlook or underestimate the importance of long-standing legal issues having nothing to do with artificial intelligence. While it would be neither possible nor particularly useful to catalog all of them in a single blog post,…
Last Exit From Paradise
The United States Supreme Court has put an end to Stephen Thaler’s crusade for machine rights. Okay, that’s the sensational news article way of putting it. He wasn’t really crusading for machine rights. He was trying to establish a precedent for claiming copyright in AI-generated works.
I first wrote about this back in May, 2022…