First Amendment

Those of us that work in the field of intellectual property law have gotten really familiar with a species known as trolls.   I’m not talking about mythical Norse creatures.  I’m talking about patent trolls, trademark trolls, and copyright trolls.  To the uninitiated, these various species of trolls are essentially people and companies

Brand owners and managers may wonder, is a trademark license required when another’s unregistered color scheme is used? Depending on the facts, it may very well be.

About four years ago brand owners scored a major victory in LSU v. Smack Apparel, when the Fifth Circuit Court of Appeals agreed to the existence and

–Catlan McCurdy, Attorney

First, there was copyright. Then, there was Pinterest. And now, there is drama. The words “copyright infringement” and “Pinterest” have been thrown around a lot recently, mainly due to the blog post of one photographer/lawyer, Kirsten Kowalski. Kirsten recently blogged about her decision to break up with Pinterest aka

There has been quite a flap surrounding the poster and invitation used by the University of Pennsylvania Law School to promote Penn Intellectual Property Group’s Fashion Law Symposium, scheduled for a week from tomorrow. The symposium appears to be designed as a serious affair, boasting an all-star cast of general counsel from the fashion

Hat tip to Dave Taylor who provided this photo for some discussion:

Looks like a fellow named Mark Reese, currenting Acting Sheriff, is running for Sheriff in Lancaster Country, Pennsylvania, right in Hershey’s backyard.

Do you suppose this Hershey’s trade dress may have inspired the Acting Sheriff’s campaign?

 Your thoughts on whether Hershey’s

—By Joey Lomicky, Communications Consultant, Xcel Energy

As a Nebraska alum, former (okay, okay, current) sports gaming addict and First Amendment connoisseur, I’ve been intrigued by the high-profile class action lawsuit filed by ex-Cornhusker quarterback Sam Keller, which has recently resurfaced in the news. In fact, there’s a good chance this case may

—Joy Newborg, Winthrop & Weinstine, P.A.

Award winning film producer Joseph Berlinger made a documentary entitled Crude, which followed the case brought against Texaco by a group of civilians who allege that the oil exploration and drilling conducted by Texaco, now owned by Chevron, in Ecuador polluted the rain forest and contaminated their drinking