Getting Sloshed: A Controversy About “Controversy”

Whining About Wine The Winestore is a wine retailer based in North Carolina. And all it wants (for purposes of this discussion) is to sell a California cabernet sauvignon called OVERBROOK. The Winestore doesn’t make the wine, of course, but it appears that it’s the...

Lacy Copyright Opinion Isn't Very Racy

When 330,000 Yards of Lace Still Isn’t Enough This is a copyright case involving lace designs. Yes, lace designs. Have I mentioned before the tremendous breadth of the subject matter of copyright? The same law that protects “Thank You, Next” and random medical...

If You Can't Win a Lawsuit, at Least Cover the Spread

The Twists and Turns of Offers of Judgment in Copyright Cases Several years ago, Kayne Capital Advisors did a bad, bad thing. It had one of its employees subscribe to the Oil Daily newsletter, then copied and distributed that one copy to multiple...

Swimming in the Shark Tank: Even Gladiators Need to Clear Trademarks

Swimming with the Shark Tank If you’re a fan of Shark Tank, one of the more interesting pitches was by Rachel Zietz in 2016, a (then) fifteen-year old lacrosse player and entrepreneur. She said she was tired of the lousy lacrosse equipment she had been buying from the...