Pay No Attention to the Man in the Banana Suit

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KMart is sued for breach of contract and copyright infringement for its use of Rasta Imposta’s banana suit Halloween costume. Rasta has done business with KMart for years, allowing the department store to carry its banana costume. This year KMart refused to do business with Rasta and instead outsourced the … Continue reading

Equifax Hit With Lawsuits Over Data Breach

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“The Credit Reporting Agency Equifax Has Been Hit With More Than Twenty Four Lawsuits For Data Breach, Including Possibly The Largest Class Action In US History.” Many class action lawsuits have been filed against Equifax, after it announced on September 7th that it was successfully attacked by hackers who access … Continue reading

Sneaky Attempt to Use Margaritaville Enterprises Trademarked “5’O’Clock Somewhere” Overturned

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Margaritaville Enterprises has trademarked the phrase “It’s Five O’Clock Somewhere” used in association with its line of alcoholic beverages.  While The Veteran Beverage Company was trying to market their own line of beer using the phrase “It’s 1700 Hours Somewhere”. The Court determined that the usage was too close to … Continue reading

In-N-Out vs. Smashburger Trademark Infringement

“In this case, In-N-Out is claiming it owns rights in a family of marks which contain numbers—such as “Double Double” and “Triple Triple” but also “2X2” and “4X4”. In-N-Out does not want customers to think that burgers and other food called “Triple Double” or “Smashburger Triple Double” or other confusing … Continue reading

The Uniform Trade Secret Act: What is a Trade Secret?

The Uniform Trade Secret Act, which has been adopted by 46 states is designed to protect the owners of valuable business information. The definition of trade secret is so broad it might almost be limited only by human ingenuity and creativity. Among the many types of items which can be … Continue reading

The Basics of Copyrights: What Can Be Protected

Whether it is due to the overwhelming opportunities available for publication in this internet age or a surge in American creativity, the practice of Intellectual Property Law has never been stronger, or of more importance. So for the upstart writer, photographer, musician, etc., the first question is what can be … Continue reading

The Basics of Copyright Law: Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the moment that the Work is created and “fixed in any tangible place”, in order for the owner of the copyright to receive greater rights and increase his or her ability to protect those rights … Continue reading

The Basics of Copyrights: Exceptions to the Rules

As we have discussed earlier, “original” and “creative” works of various types are afforded copyright protection under the Federal Copyright Act of 1976. These works can include but are not limited to the following: Literature Poetry Music Choreography Photography Motion Pictures Graphic Arts/Sculpture Dramatic Works Architectural Works These copyright protections … Continue reading