Schrems II left a mess, and other data protection news

I recently co-authored a short article earlier this month for the International Trademark Association Bulletin. In it, we discuss the recent cross-border data transfer issues wrought upon the EU and the US since the Schrems II decision last year and its aftermath. In...

Oracle Fought Google. Transformativeness Won.

Oracle v. Google Is Over. And Rick Can Stop Blogging About It Forever. I was in the middle of writing a blog post about The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith—you know, the one about Andy Warhol’s use of a photograph of Prince1The...

Some Fireworks on Our Way to Oracle v Google

The Case That’s More “Oracle v. Google” Than Oracle v. Google While we wait for the Supreme Court to hand down its decision in Oracle v. Google, we can have some fun with a case that might be exactly what folks are afraid Oracle v. Google is: use of...

Trademark Law Is Presumptuous Again

Party Like it’s 2006 I mentioned last time that the gigantic Consolidated Appropriations Act, 2021 (remember that?) had three “IP”-related Easter eggs, two for trademark and one for copyright. I blogged about the copyright one last time, the...

Major changes coming to U.S. Trademark Law

On December 27, 2020, the Consolidated Appropriations Act, 2021 was signed into law. This massive 5660 page bill consolidated Covid-19 economic assistance to America with an omnibus 2021 bill that covers everything from pipelines to Asian carp. It also resolves a...