Ballard Spahr LLP: 7th Circuit Ruling Affects State, State University Challenges and Appeals of TTAB Decisions

By Robert R. Baron, Jr. , Katrina M. Quicker and Andrew M. Stern A recent decision by the U.S. Court of Appeals for the Seventh Circuit has changed the calculus used by states and state universities when deciding how to challenge and appeal a determination by the Trademark Trial and Appeal...

Is UC Berkeley’s Lecture Note Restriction an Attempt at Copyright Monkeyshines?

Ever heard of the infinite monkey theorem? Basically, if a monkey randomly hits a typewriter's keys for an infinite time, it is theorized that the monkey will produce the works of Shakespeare or other great authors. In the Simpson , the character, Mr Burns, states the theorem this way: "This...

Sky Appears to Be Falling on Higher Education Copyright Policies

I'm designating myself the Chicken Little of academic copyrights. Last week, I wrote about the lecture note monkeyshines at UC Berkley , where students are restricted from note sharing because of instructor copyrights. This week, I look up and see the sky falling at the University of Louisiana. There...

Ballard Spahr LLP: GSU Scores a Victory for Academic Fair Use in Landmark Copyright Case

By members of the Intellectual Property Litigation Group In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement claims lodged by a trio of textbook publishers...

Patents vs. 18th Century Satire: Which Will Do More to Protect Copyrights at the University Level?

In 1729, Jonathan Swift wrote A Modest Proposal , in which he suggested that the impoverished Irish would benefit from selling their children as food to the rich. As Swift wrote: I have been assured by a very knowing American of my acquaintance in London, that a young healthy child well nursed...

Patents vs. 18th Century Satire: Which Will Do More to Protect Copyrights at the University Level?

In 1729, Jonathan Swift wrote A Modest Proposal , in which he suggested that the impoverished Irish would benefit from selling their children as food to the rich. As Swift wrote: I have been assured by a very knowing American of my acquaintance in London, that a young healthy child well nursed, is...

Fraternity for Gay Students Files Trademark Case against Gender-Neutral Greek Organization

Delta Lambda Phi, a national Greek organization founded in 1986 to promote the interests of gay, bisexual, transgender, and progressive students, recently accused Delta Lambda Psi of trademark infringement. Founded in 2005, Delta Lambda Psi describes itself as "the first gender-neutral Greek...

University of Texas’ “Hook 'em Horns” to Do Trademark Battle with Heavy Metal’s “Sign of the Horns”

We love our college football, and we love our heavy metal, but the two can't coexist according to the University of Texas (UT) - at least in terms of hand signals. The University of Texas has sued Michael Weir d/b/a Horns Inc., accusing the apparel designer of infringing UT's Hook 'em...

University of Oklahoma Files Cybersquatting Complaint against Registrant of soonernetwork.com

The University of Oklahoma (OU) is suing Hugh Michael Glenn, who registered the domain name soonernetwork.com and linked it to the image of a longhorn, representing OU's rival the University of Texas. The image also displayed the phrase "Go Longhorns!!!" and stated that the domain...