When evaluating whether a
particular item or object infringes someone's copyright, it is essential to
determine whether the work is protectable by copyright in the first place. In
many cases, the issue will raise a question regarding functionality. Is the item
at issue a work of protected expression...
If you miss a case citation, it might mean one of two
things: a) your research was incomplete; or b) there's a blind spot in the law.
A recent trademark case may have exposed such a blind spot in the Ninth Circuit.
Fleischer Studios, Inc., the alleged owner of the Betty
Boop cartoon character...
The extension of trademark law protection to product configurations has led to complications and confusion. The Supreme Court's attempts to clarify the law of trade dress protection have been insufficient, as we see in this Sixth Circuit opinion, in which the majority and dissenting opinions...