Who Owns the Copyright in A Tattoo?

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17 U.S.C § 201. Ownership of a Copyright. (a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work. The ownership of the copyright in a tattoo has long been the […]

Good Save: UK IPO Blocks Passing Off Attempt

By Nicholas J. Krob

Earlier this year, a British businessman by the name of James Dear applied with the UK Intellectual Property Office (“IPO”) to register a mark consisting of the name “RONALDINHO,” a famous retired Brazilian soccer player, imprinted on a crest resembling that of legendary soccer club F.C. Barcelona. Dear also applied to register a mark consisting […]

Domain Name Disputes: A UDRP Primer

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 […]

Third Circuit: False endorsement claims use modified likelihood of confusion analysis

In a recent decision, the Third Circuit vacated a district court's grant of summary judgment to the plaintiff in a § 43(a) false endorsement case, but affirmed the plaintiff's summary judgment win as to the state law right of publicity claims. The dispute revolved around the National Football League's use of John Facenda's voice in […]

Eighth Circuit: Fantasy Baseball service need not pay for use of athletes’ names and stats

In a decision today, the Eighth Circuit held that a provider of a fantasy baseball service did not need to pay either Major League Baseball or the Major League Baseball Players Association for the right to use the names and statistics of professional baseball players in connection with its service. While this usage met the […]