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Kickstarter Game Lawsuit: Magic vs. Hex


Kickstarter has become a great way for game designers to get their products made. In terms of total dollars raised, games are Kickstarter’s most successful category (Kickstarter is nice enough to make some interesting stats available here.) Game designers can now appeal directly to fans and give them what they want. And often, what fans want is something kind of like what they already enjoy. That’s how intellectual property lawsuits are born, folks. In the latest example, Wizards of the Coast (publishers of Magic: The Gathering and Dungeons & Dragons) have filed suit against Cryptozoic Entertainment and Hex Entertainment for…

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Major League Baseball Goes After Fan Podcasts?


The baseball blog and podcast world was shaken up early in May with news that several baseball fan podcasts had been removed from iTunes for trademark reasons. Major League Baseball (MLB), which owns the trademarks associated with the various teams, was accused of having betrayed its diehard fans in the interest of locking down its intellectual property. What really happened, and is it OK to use the name or logo of a team in your blog or podcast?

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Social Media Law: Can Employers Require Disclaimers by Employees?


It’s been a while since I took a look at the National Labor Relations Board (NLRB) and its rulings on employer social media policies. A recent case involving the grocery chain Kroger addressed the question of whether employers can require employees to post a disclaimer whenever they communicate about work-related issues online. This is an exploration of an evolving part of social media law.

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PRETZEL CRISPS is Generic, Not a Trademark


Is the phrase “Pretzel Crisps” a trademark, meaning something that identifies the source of the goods, or a generic term? Frito-Lay thinks it’s generic, and, in a recent decision, the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board (TTAB) agreed.

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