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...

How Much Mischief Can Copyright Registrations Cause?

What Happens if Reasonable Minds Could Disagree Whether Information in a Copyright Registration Is “Inaccurate”? Last time, I wrote about an outrageous legal result, Unicolors v. H & M. Because the copyright holder made a ministerial (i.e., minor)...