Halloween Edition: Copyright for Banana Costume is upheld on A-Peel
October 30, 2019
Post by Clark, Brandon W.

Post By Brandon Clark The Third Circuit recently held that a banana costume qualified for copyright protection as Rasta Imposta, a retail wholesaler of Halloween costumes, sued Kangaroo Manufacturing, a costume manufacturer, for copyright infringement, trade dress infringement, and unfair competition after Rasta discovered Kangaroo selling a banana costume that resembled one of Rasta’s costumes without a l....... Read More

IP Legal Considerations for Live Streaming
August 28, 2019
Post by Clark, Brandon W.

Post By Brandon Clark If you’re one of the millions of people that log into a social media platform each day, it’s highly likely that you have encountered a rapidly growing number of live streams. Now that live streaming is available to anyone with a smartphone, the potential legal issues and concerns are much more relevant to the average person. This article gives you an overview of the intellectual prope....... Read More

Can I Use This Song In My Podcast? It Depends.
March 20, 2019
Post by Clark, Brandon W.

Post By Brandon Clark According to Podcast Insights, there are currently over 660,000 podcasts in existence and over 28 million episodes available to listen to. This number is certainly growing as are the legal concerns and issues associated with hosting or producing a podcast. This article will provide some general guidelines and outline some of the rules around using copyrighted material in a podcast. MV....... Read More

Jury Orders Mongols Motorcycle Club to Forfeit Trademark
January 24, 2019
Post by Clark, Brandon W.

Post By Brandon Clark The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s name along with a....... Read More

Rapper Sues the Makers of Fortnite Claiming Copyright Infringement of Dance Moves
December 07, 2018
Post by Clark, Brandon W.

Post By Brandon Clark Rapper 2 Milly has filed a copyright and right of publicity lawsuit against the makers of the Fortnite video game claiming that they are illegally using a dance move that he created in their wildly popular video game. The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges that Fortnite-maker Epic Games is misappropriating his dance moves without permission, comp....... Read More

Music Modernization Act Signed Into Law
October 11, 2018
Post by Clark, Brandon W.

Post By Brandon Clark Earlier today, the Music Modernization Act (MMA) was signed into law. The MMA is a sweeping reform to music licensing and copyright related royalty payments and marks the first significant copyright legislation passed in decades. The House unanimously approved the bill in April followed by the Senate unanimously approving the legislation in September. The MMA then returned to the Hous....... Read More

Copyright Office Proposes New Fee Schedule
June 28, 2018
Post by Clark, Brandon W.

Post By Brandon Clark The Copyright Office recently announced a new proposed fee schedule that would increase the majority of fees associated with filings at the Copyright Office. The proposal comes after an extensive assessment performed by consultants Booz Allen Hamilton. The proposed fee increase would help the Copyright Office offset regular costs, while also providing the Copyright Office additional r....... Read More

Federal Judge Rules Embedded Tweet Violated Copyright
February 21, 2018
Post by Clark, Brandon W.

Post By Brandon Clark In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their websites without permission. Judge Forrest’s decision to grant the plaintiff’s motion for partial Summary Judgement is sure to be controversial and could prove to be ....... Read More

Music Publishing Company Sues Spotify for $1.6 Billion
January 03, 2018
Post by Clark, Brandon W.

Post By Brandon Clark Spotify has a growing copyright problem and as previously discussed on this blog (here and here) they are no stranger to copyright infringement lawsuits. Wixen Music Publishing Inc. recently filed a complaint seeking $1.6 billion in damages alleging copyright infringement. On December 29th, Wixen filed suit in California federal court claiming Spotify has repeatedly failed to obtain n....... Read More

Scandalous and Immoral Trademark Ban Ruled Unconstitutional
December 15, 2017
Post by Clark, Brandon W.

Post By Brandon Clark Earlier today, the Federal Circuit ruled that the U.S. Supreme Court’s recent decisions striking down the Lanham Act’s ban on “disparaging” trademark registrations also means that barring “scandalous” or “immoral” trademarks is unconstitutional. The ruling came in a case filed by Erik Brunetti, who appealed to the Federal Circuit in late 2014 after the Trademark Trial and Appeal Board ref....... Read More

Copyright Small Claims Bill Introduced
December 14, 2017
Post by Clark, Brandon W.

Post By Brandon Clark Copyright owners are one step closer to being able to pursue copyright infringement actions through a copyright small claims system. A new bipartisan House bill has introduced the Copyright Alternative in Small-Claims Enforcement Act of 2017 (“CASE Act”). The CASE Act, H.R. 3945, was recently introduced by Congressional representatives to create a small claims court within the US Copy....... Read More

REMINDER: Deadline to Re-Register Your DMCA Agent is December 31, 2017
November 08, 2017
Post by Clark, Brandon W.

Post By Brandon Clark As previously discussed on this blog (Copyright Office Establishes New Electronic DMCA Agent Registration), the U.S. Copyright Office has recently enacted changes to the Digital Millennium Copyright Act (DMCA) safe harbor registration process. As part of the new system, the Copyright Office is requiring any service provider that designated an agent in the old paper-based system to sub....... Read More

Hollywood Studios Prevail Against Family-Friendly Video Streaming Site
September 14, 2017
Post by Clark, Brandon W.

Post By Brandon Clark In a 3-0 ruling, a federal appeals court sided with Disney, Warner Bros., and Twentieth Century Fox by affirming an injunction that shut down movie filtering service VidAngel, Inc., saying that a ruling to the contrary would “create a giant loophole in copyright law”. VidAngel is a video filtering service that lets users stream films without nudity, violence, and alcohol and drug use. The....... Read More

Domain Name Disputes: A UDRP Primer
August 09, 2017
Post by Clark, Brandon W.

Post By Brandon Clark Has someone registered a domain that is identical or strikingly similar to your brand name or trademark? What rights do you have and what legal remedies are available if you or your company find yourself in a dispute over a domain name? This article is intended to serve as a brief overview of domain name dispute resolution proceedings. ICANN, the Internet Corporation for Assigned Name....... Read More

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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

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