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...

Sixth Circuit Reminds Us to “Filter” Software

Panning for Bad Code Software cases are few and far between here in the Sixth U.S. Circuit, which includes Tennessee along with Kentucky, Ohio and Michigan. Other U.S. Circuits have hubs for software development—e.g, California and Washington in the Ninth, Texas in...

Oracle v Google: An Opinionated Primer

The U.S. Supreme Court will hold oral argument in Oracle v. Google on October 7. It’s supposed to be one of the most important copyright cases in decades. Not only will the Supreme Court visit computer programs for the first time since 1996’s Lotus v....

The Adorable Heartache of Functional Product Design

What a Fight Between Two Lines of Stuffed Animals Teaches Us About Trade Dress and Functionality I’ve warned you about trying to protect “designs” in the U.S. before. Outside of design patents (which are rare and not always an option), U.S. law...

Washington Football Team Mascot Mess: Trademarks Aren’t a Hobby

Hail to the Washington Football Team! By now you’ve probably heard that the American football team that plays in the Washington D.C. area has decided to change its team name from a racist slur to, well, something else. Nobody’s not sure yet. The Washington...

The Death of Privacy Shield and The “Necessity” of Processing

    Last time, we gave witness to the demise of the EU-US Privacy Shield program. I promised you I would explain who might be able to take advantage of one of the last grounds remaining to import personal data to the US from the EU.  That remaining ground is...