Written by: Aris C. Rotella, Esq. Fair-use is the first defense of creatives experimenting with copyrighted material. Whether it be an amateur film maker utilizing copyrighted footage in their YouTube video compiling their favorite movies of 2020, or a burgeoning Spotify artist sampling and transforming copyrighted music into something new, these creatives rely on the various Fair-use defenses provided under  17 U.S.C. § 107 in the development of their

Written by: HBS Intellectual Property Team Ferrari just lost a landmark trademark battle with an Italian rival auto maker over its 250 GTO, one of its most coveted sports cars that typically fetches 50 million pounds ($65 million USD) when one comes up for private sale or auction. The decision by the European Union’s Intellectual Property Office essentially cancels Ferrari’s trademark that it has held since 2007 on the grounds that the automaker hasn’t

ATLANTA – May 21, 2020 – Hall Booth Smith, P.C. is excited to announce that highly experienced intellectual property attorneys Daniel C. Miller and Rodney Miller have joined the firm as Partners. Dan and Rodney join a growing intellectual property team that is led by Partner Karl Braun in our Nashville office and Partner Justin Kerenyi in our Atlanta office. Dan Miller is attached to our New York office, and

Written by: Karl Braun, Esq., Justin Kerenyi, Esq., Daniel Miller, Esq., and Rodney Miller, Esq. The United States Patent and Trademark Office is giving small businesses and micro entities priority examination without the usual fees in an effort to encourage continued investment in intellectual property related to COVID-19 during the coronavirus shutdown. To qualify for the new COVID-19 Prioritized Examination Pilot Program, the claims of an application must cover a product or process that

Written by: Karl Braun, Esq., Justin Kerenyi, Esq., Daniel Miller, Esq., and Rodney Miller, Esq. The U.S. Supreme Court sided with apparel maker Lucky Brand on the applicability of “defense preclusion” about whether and under which circumstances a defense might be barred in subsequent litigation between two parties. The unanimous decision held that any preclusion of defenses must satisfy the strictures of issue preclusion or claim preclusion, at a minimum.

Written by: Karl Braun, Esq. Photographs represent a unique and plentiful form of personal and professional expression. Photographs also constitute intellectual property. The pervasive proliferation of photographs on the internet via social media, advertising, news stories, branding, etc. blurs our understanding of associated intellectual property rights. We have clients often inquiring about the unauthorized use or sharing of their photographs. We also receive inquiries from recipients of notices alleging

Written by: Karl M. Braun, Esq. Kanye West filed suit in Superior Court, Los Angeles County at the end of January, 2019 against EMI April Music, Inc. and EMI Blackwood Music, Inc. seeking declaratory relief, restitution and a constructive trust, alleging unjust enrichment through EMI’s alleged violation of California Labor Code Section 2855 (The De Havilland Law). California Labor Code Section 2855 prevents a court from enforcing specific performance of

Do-It-Yourself U.S. trademark filings from anywhere in the world may no longer be the story by the end of 2019.  On February 15, 2019, the United States Patent and Trademark Office (USPTO) published a proposal to change federal trademark law. The USPTO is looking to require any trademark applicants, registrants, and parties who have a permanent legal residence or a principal place of business outside the U.S. to

Written by: Reid Morelli, Esq. and Andrew Bayudan Counterfeiting continues to remain one of most dangerous threats to I.P. owners – cutting into owners' profits and injuring reputations. Counterfeit products bear the insignia of a trademark owner's brand without permission and are often of an inferior quality. A business’ success relies on providing high quality products and trustworthy branding and counterfeiting can undermine not just revenue, but also a brand’s

Written by: Karl Braun, Esq. As a brief introduction to discussion of the new Orrin G. Hatch–Bob Goodlatte Music Modernization Act (“MMA”), a cursory understanding of a few key terms and concepts is essential. An “artist” in the context of the MMA is a performer on a sound recording (“sound recording” may also be referred to as a “master” or “master recording”). A “songwriter” or “composer” is self- explanatory.