Tonya Evans (Widener University Commonwealth Law School) – Moderator
Darrell Mottley (Banner Witcoff)
Shontavia Johnson (Drake University Law School)
Kevin Jordan (JP Morgan Chase)
Summary – Our panelists will discuss a variety of hot topics and recent developments in patent, trademark, and trade secret law, including:
The internet of things as an emerging technology/industry, and related IP and regulatory issues
Intersection between the First Amendment and Section 2(a) of the Lanham Act regarding registration of immoral, scandalous, or disparaging trademarks, including the impact of trademark cases
Overview of trade secret law and its viability as an alternative means of IP protection
CLE Info: The NBA IP Law Section is looking into obtaining CLE accreditation in the following jurisdictions: CA, GA, IL, NY, TX, and VA. For questions regarding CLE accreditation, please contact Bill Barrow (wbarrow[at]mayerbrown.com).
Cost: This webinar is free for NBA IP Law Section members and costs $30 (plus processing fees) for non-members.
On February 9th, The Huff Post and other media outlets reported the grand opening of a store in the Los Feliz neighborhood of Los Angeles, “Dumb Starbucks”. The clever prankish parody even caught the attention of Forbes:
‘Although it looks like Starbucks, smells like Starbucks and even acts like Starbucks (the super-friendly baristas asking for your name were hired off Craigslist), the whole thing is an elaborate goof on Starbucks culture. A list of Frequently Asked Questions posted on premises compared the place to Weird Al Yankovic’s homage to Michael Jackson’s “Beat It.” Dumb Starbucks, you see, is the “Eat It” of $6 coffee drinks.’ Source: Forbes.com
Amazingly, people stood in line for hours for the Dumb Starbucks java, which reportedly was whatever the local grocery store had on hand for the few days Dumb Starbucks remained open. The locals and media alike seemed to get a big kick out of the entire thing. Starbucks execs? Um, not so much. The Dumb Starbucks mastermind, Comedy Central comedian Nathan Fielder from Nathan for You, explained the method to his parodic madness and the Starbucks response to Jimmy Kimmel recently:
The store shutdown for reasons completely unrelated to the trademark vs. parody debate. It seems that Fielder not only caught the attention of the coffee giant, Starbucks, but also the local health department. The Health Department cited code violations for selling coffee without a permit. And there is no word on whether Fielder will attempt to secure the necessary permissions to re-open. But what is sure to re-open and remain so is the debate on whether the First Amendment and parody trumps trademark law. Continue reading “‘Dumb Starbucks’ parody shuts down but debate over trademark law & parody continues”→
If the beginning of endless commercials didn’t give it away, it’s that time again – presidential campaign season. If there is one thing history has shown us, it’s that campaigns shouldn’t use an artist’s song without permission. Then again, there are many lessons that candidates fail to learn on the campaign trail.
The most recent of these cases involves Mitt Romney, who was recently sent a cease and desist letter for using the Silversun Pickups song “Panic Switch” during his campaign. He should have learned his lesson after numerous other presidential candidates used music without authorization from an artist and sparked a controversy in the process.