A few weeks back, we discussed IKEA’s claim of trademark infringement against the popular website, IKEAhackers.net, and the resulting online backlash.

In what’s become an increasingly common result, IKEA has reportedly backed off from its demand letter:

We want to clarify that we deeply regret the situation at hand with  IKEAhackers. It has

I once spent 20 minutes trying to figure out whether I was installing a metal insert for an NYMÖ lamp upside down, or rightside up. I’m still not sure I ever installed it correctly, but it’s still working. So there. But a new IKEA översittare is getting a lot of attention on the internet, and

As we all know, The Motion Picture Association of America (MPAA) has long taken an active role in the debate regarding the advantages and disadvantages of traditional midwifery and modern medical views regarding childbirth. That’s what Rosemary’s Baby was all about, right? Well, the MPAA filed an amicus brief yet again in a lawsuit between

A while back, I discussed the New York State Department of Development’s enforcement efforts to prevent others from using the I♥NY logo. It looks like the West Coast may have learned something from the East Coast, as San Francisco’s Bay Area Rapid Transit District (affectionately known as BART) has been sending out cease and desist

Before I launch into this post, I must provide the disclaimer that I am not a Tweeter and I do not regularly use Twitter.  That being said, here we go.

If imitation is the greatest form of flattery, then Twitter is quickly becoming sycophancy central. “Fake” Twitter accounts abound throughout the Twitter-verse and, frankly, I find

There has been a recent (over the last two years) rash of lawsuits by former NCAA athletes alleging a right to recover money arising from the exploitation of their likenesses in video games. Recently, the Ninth Circuit heard arguments in the case Keller v. Electronic Arts, Inc. (complaint here). For a summary of the case and

This little gem arrived yesterday, basically an email promotion for this weekend, featuring Randy Moss and celebrating his return to the Minnesota Vikings:

Of course, I’m thrilled too, that Randy Moss has returned to play ball in Minnesota, but that doesn’t mean we forget all about his legal rights (name, image, likeness, right of publicity, to name a few), not to mention the legal rights, trademarks, and trade dress of the Minnesota Vikings and the NFL.

By the way, the purported disclaimer at the bottom of the promotion saying: "All registered trademarks are the properties of their respective owners" doesn’t help either.  Putting aside the unanswered question about any unregistered trademarks shown in the promotion, all this statement reveals is that Lions Tap knows it doesn’t own what it is using, and it begs the question of whether the necessary permission was obtained from the necessary owners.

To the extent my assumption is correct, that Lions Tap didn’t obtain the necessary license and permission to run the above promotion, it appears Lions Tap may have forgotten all the intellectual property law it sought to teach McDonalds earlier this year when it filed a suit for trademark infringement over the Who’s Your Patty tagline . . . . Continue Reading Honoring Randy Moss Doesn’t Make It Fair Use

–Susan Perera, Attorney

In June, guest blogger David Mitchel wrote a very interesting post about the revitalization of the Old Spice brand. And unless you have been living under a rock, you have likely seen more than one of the “Old Spice Guy” commercials featuring former NFL wide-receiver Isaiah Mustafa.

I have to admit; I