Imagining the Indian: The Fight Against Native American Mascoting is a documentary that examines the movement to end the use of Native American names, logos and mascots in the world of sports and beyond. The documentary’s film festival tour began at California’s American Indian & Indigenous
Read MoreAuthor: Carolyn Martin & Margaret HorstmanPublished: November 16, 2021Unicolors Inc. v. H&M Hennes & Mauritz LP, 2021 U.S. Dist. LEXIS 160223 (Aug. 20, 2021), the only trademark, copyright or privacy case before the Supreme Court this term, was heard on November 8, 2021. Looking forward, there are several cases before
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Author: Ethan BarrPublished: November 29, 2021The American Music Fairness Act, introduced in June 2021, would provide streams of revenue to artists whose songs are played on terrestrial radio stations, which are currently exempt from paying royalties.Click here to view entire blog article at Lutzker & Lutzker.
Read MoreAuthor: Carolyn Wimbly Martin and Margaret HorstmanPublished: November 30, 2021Apple’s iOS 14.5 and upcoming iOS 15.2 contain substantial privacy features that empower consumers to have better control over who can track their information. While the benefits to consumers are undeniable, the changes impact app developers and any businesses that collect
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Author: Susan LutzkerPublished: December 10, 2021The Supreme Court’s 2020 decision in Allen v. Cooper, Governor of North Carolina appeared to be the death knell for copyright owners seeking redress in federal court for infringements by state entities. In the wake of Allen, Congress asked the Copyright Office to examine the
Read MoreAuthor: Carolyn Wimbly Martin and Ethan BarrPublished: January 3rd, 2022In June 2021, the National Collegiate Athletic Association (“NCAA”) waived a longstanding rule that prevented student athletes from profiting from their name, image and likeness (“NIL”). This opened the floodgates for student athletes to advertise and promote products or services, as
Read MoreAuthor: Carolyn Wimbly MartinPublished: August 1st, 2021Rapid advances in technology have enabled employers to track employees with greater granularity and detail than ever before. Large companies like Amazon use algorithms and wearable technology to determine an employee’s location at any given moment. Surprisingly, U.S. privacy laws have little to say
Read MoreAuthor: Susan J. LutzkerPublished: August 26th, 2021Less than two weeks after the United States Court of Appeals for the Second Circuit issued its decision in The Andy Warhol Foundation v. Goldsmith, narrowing the range of works which can be considered ‘transformative’ under a fair use analysis, the Supreme Court issued its
Read MoreAuthor: Susan J. LutzkerPublished: August 25th, 2021The new CASE Act offers the opportunity for copyright owners to enforce their interests before a small-claims tribunal, rather than in expensive federal court litigation. As the specifics of implementing the law take shape, many questions surround its legality and the likely effectiveness.Click here to
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Author: Jeannette Maurer CarmadellaPublished: August 16th, 2021In an ironic turn of events, the United States Patent and Trademark Office has applied to register the USPTO trademark and logo design, citing the rapid increase in sophisticated trademark scams by third parties seeking to pass themselves off as the USPTO. According to
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