Aesthetic functionality is a confusing, controversial concept in trademark law, which the U.S. Court of Appeals for the 9th Circuit will soon reconsider. A 1980 9th Circuit case called International Order of Job’s Daughters v. Lindeburg & Co. – that many do not...
Month: January 2020
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SCOTUS protects “scandalous” trademarks in 2019
In a Supreme Court of the United States (SCOTUS) decision, the Court found a statutory bar to trademark protection was unconstitutional. The year 2020 promises to bring more in the realm of trademark law, and it will be reported here when it happens. Clothing...
Ninth Circuit looks at copyright dispute over “The Shape of Water”
Anyone who saw the Best Picture winner "The Shape of Water" is likely to agree that it is a haunting film that uses elaborately detailed, blue sets with unexpected, random shots of water in a variety of circumstances throughout to create a mesmerizing visual story....