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Archives: Social Media Law

Applebee’s No Tech Tuesday Trademark Application


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?

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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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Copyright Fair Use: Can I Use a Politician’s Headshot in a Political Blog?


Copyright Fair Use: Can I Use a Politician’s Headshot in a Political Blog? I’ve talked about copyright fair use often on this blog, but I haven’t had many opportunities to talk about it in the context of political speech. Generally speaking, political speech is afforded the highest level of protection under the First Amendment. Accordingly, when a fair use defense is asserted in a copyright infringement case, the political nature of the alleged infringer’s publication will be taken into account. So what does this mean for political blogs when it comes to politicians’ headshots?

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