An Unstoppable Force Meets an Immovable Object: A Glimpse at the Emerging Effects of the DMCA’s Anti-Circumvention Provision on the Internet of Things

Next year will mark the twentieth anniversary of the passage of the Digital Millennium Copyright Act (“DMCA”), Congress’s controversial response to novel copyright protection issues posed by digital media and new technologies that facilitate piracy and other infringing activity.  Signed into law by President Clinton a mere seven months before the release of the infamous pioneering peer-to-peer file sharing platform, Napster, the DMCA presciently provided copyright owners and prosecutors with a powerful new.. Read More

Matal v. Tam and Disparaging Trademarks

Simon Tam,  “I’d be happy to send [Redskins or Daniel Snyder] some legal bills.”   Simon Tam, the front man of a Portland based dance-rock band named “The Slants”, filed suit against the Patent and Trademark Office (PTO) when the PTO refused to trademark their band’s name. Their trademark was rejected under section 2(a) of the Lanham Act, the disparagement clause. The disparagement clause provides that the PTO may prohibit the registration of.. Read More

Interview: Professor Fromer and the Star Athletica case

In this interview, Jeanne Fromer, professor at NYU School of Law, discusses her experience filing an amicus brief in the Star Athletica, L.L.C. v. Varsity Brands, Inc. case decided this past year. The Court ruled that the useful article doctrine did not pose a bar to Varsity Brands’ enforcement of copyright against Star Athletica in five designs of Varsity Brands’ cheerleading uniforms. Jeanne Fromer also discusses her views on and critiques of the.. Read More