25 Jan’24

Impact of Warhol v. Goldsmith: Kat Von D and the Miles Davis Portrait

| Posted in Blog | No comment

Following the Supreme Court decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith in 2023, we published a blog titled “The Supreme Court’s Decision in Warhol v. Goldsmith: Interpreting Copyright Fair Use.” In that blog, we discussed the concept of Fair Use in the copyright context while also highlighting the key facts of […]

Full article here
07 Sep’23

The SEC – Impact Theory Settlement: Are NFTs Considered a Security?

| Posted in Blog | No comment

The SEC announced last week that it had reached a settlement with Impact Theory following the SEC’s first enforcement action against the sale of Non-Fungible Tokens (“NFTs”) which the SEC charged were unlicensed securities. The first step in attempting to understand the SEC’s position on this matter is to go back to the beginning where […]

Full article here
12 Jun’23

The Supreme Court’s Decision in Warhol v. Goldsmith: Interpreting Copyright Fair Use

| Posted in Blog | No comment

There have been many conflicting opinions regarding the impact of the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, with some circles claiming that the decision “Changed the Future of Art” and others applauding the Court for providing clarity on fair use in copyright. Given the varied opinions on the […]

Full article here
28 Jul’20

USPTO v. Booking.com: Acquired Distinctiveness of a Generic Domain

| Posted in Blog | No comment

The Supreme Court (“Court”) in USPTO v. Booking.com resolved a dispute about whether a generic name can become eligible for federal trademark registration though the addition of an internet-domain-name suffix such as “.com.” The USPTO rejected applications by travel-reservation website Booking.com seeking federal registration of marks including the term “Booking.com.” The USPTO concluded that “Booking.com” […]

Full article here