Most artists don’t like to be criticized. Is it going too far to use the tools of copyright to suppress criticism of one’s art? That’s the discussion going around about comics artist Randy Queen and his use of Digital Millennium Copyright Act (DMCA) takedown notices against Escher Girls, a blog that challenged Queen’s depictions of female anatomy.
Menu
Keep it Legal Blog
A Scandalous Trademark?
August 5, 2014
What’s scandalous these days? Donald Sterling’s comments? Or does anyone even remember him anymore? I can’t keep up with the number of scandals that shock the world (at least online) and then quickly fade away. Fortunately, we can look to the hardworking folks at the US Patent and Trademark Office’s Trademark Trial and Appeal Board. They are charged with the solemn duty of refusing to register scandalous trademarks. Truly, they are America’s last line of defense against, um, attaching an ® symbol to a product or service name that involves a slightly rude word, I guess. So, gather your wits…
Copyright Issue: Can You Play Music in Your YouTube Videos?
July 30, 2014
YouTube star Michelle Phan, who posts videos about makeup, has been sued by the Ultra recording and publishing companies (we’ll just call them “Ultra”). The suit alleges copyright infringement based on the music soundtracks in Phan’s videos. As of this writing, Phan’s YouTube channel has 6,749,142 subscribers and 981,217,011 views, so, while her videos may not be everyone’s thing (I don’t happen to watch a whole lot of makeup tutorials myself), there are big dollars and a lot of viewer eyeballs at stake. So – can you play music in your YouTube videos?
Applebee’s No Tech Tuesday Trademark Application
July 22, 2014
Applebee’s, the restaurant chain, has filed an application with the US Patent and Trademark Office (USPTO) to protect the phrase NO TECH TUESDAYS as a trademark. The application applies to the following services (beware – trademark law involves a lot of capital letters): RESTAURANT AND BAR SERVICES, INCLUDING RESTAURANT CARRYOUT SERVICES. But has Applebee’s damaged its chances at a trademark registration with statements made about the application to the press?
