Whatever Happened to Cindy-Lou Who?

Earlier this year I wrote about a copyright dispute between playwright Matthew Lombardo and the estate of beloved children’s author Dr. Seuss. The issue was whether Lombardo had infringed on the Seuss copyright with his derivative play Who’s Holiday — or whether the play constituted fair use. As I wrote back in March: Who’s Holiday […] Read More

Selfie-Awareness

Recently the United States Court of Appeals for the Ninth Circuit made news when it granted appellate review of what rights a monkey has to his intellectual property. The case — Naruto, a crested macaque, by and through his next friends, People For The Ethical Treatment of Animals [PETA], Inc. v. David John Slater, et […] Read More

Don’t Sweat the Small Stuff

In this post, names and circumstances have been changed to obscure the guilty. Let’s say that my client makes plain sweatshirts, and on the back of some of these blank sweatshirts, someone else had printed Alamo-related text and imagery and was selling them. They were doing this on behalf of a local community baseball team […] Read More

Disney v. VidAngel Part 2: The Revenge of the Ninth Circuit

In late August, the 9th Circuit in California delivered a blow to a legal argument that was questionable to begin with, and was doomed by the defendant’s eagerness to share it. In Disney v. VidAngel, the culture war served as the background of a battle between content goliaths — Disney, LucasFilm, Twentieth Century Fox, and […] Read More

Cybersquatter Gets Swatted Down

They said it couldn’t be done, but Kaufman & Kahn recently not only won summary judgment against a prolific cyber-squatter, but also won an award of statutory damages and attorney’s fees. Gregory Ricks, a renowned cyber-squatter, had registered the domain name justbulbs.com, and he’d done that because, frankly, my client named JUST BULBS had failed […] Read More

A Troll Is Born

In May of 2016, a Facebook Live user named Kali Kanongataa offered the world something uplifting, graphic and intimate: the birth of his son for all the world to see. According to Kanongataa, he had originally attempted to share the live broadcast only with his Facebook connections, but mistakenly broadcast to all of Facebook — […] Read More

Mr. President: May I Say Something?

As readers may recall, we previously wrote about the confidentiality agreement imposed by then-candidate Donald Trump upon those who worked in his campaign. In that agreement, the workers literally were required to consider, as the definition of “confidential,” anything that Donald Trump determined, in his sole discretion, to be confidential.

Hotel California: A Great Song, a Great Title, But a Great Hotel?

Here’s the case of a dark, desert highway with, perhaps, a cool wind in your hair:  The Eagles Ltd v. Hotel California of Baja. It concerns a hotel in Mexico that had been opened in the 1950s under the name Hotel California. The owners decided to stop using that name and retitled the property “The […] Read More

A Tale of Three Appraisals

Once upon a time, not too long ago, there was a contract and a client. The contract gave the client an option to buy a business based on obtaining three appraisals. After the first two appraisals were for the same amount, the seller told the client that he would waive the third appraisal. The seller […] Read More

A Friend of a Friend Said… You Should Actually See a Lawyer

The other day a client sent me two pictures. One was of a someone else’s textile design, and the other was my client’s own rendering of it. The client said “We copied our design from their design. Can you tell us whether it’s infringing?” Rather than respond to the email, I called my client and reminded him […] Read More