Rogers is supposed to be a balancing test btw 1st Amendment & Lanham Act interests. The 9th Cir's line of Rogers cases took its application beyond titles of expressive works in a way that created an imbalance against the trademark owner. The Supreme Court has now reset the scales

A trademark application for DUMP TRUMP AND LOCK HIM UP for a blog about Donald Trump is in suspension on appeal at the TTAB pending the Supreme Court's decision in In re Elster. TTAB record here: ttabvue.uspto.gov/ttabvue/v?pno=…

The song “is likely to be a 1978 Lennon composition called Now and Then. The demo was one of several songs on cassettes labelled “For Paul” that Lennon made shortly before his death in 1980, which were later given to McCartney by Lennon’s widow, Yoko Ono.” theguardian.com/music/2023/jun…

If your name is NAMELESS then you aren’t really nameless …

The Supreme Court vacated the 9th Circuit’s ruling in Diece-Lisa, where Rogers was applied in a reverse confusion context. The case was remanded for further consideration in light of Jack Daniel’s: supremecourt.gov/search.aspx?fi…

A puddle in my beloved New York

USPTO backs down on appeal to district court and approves law firm’s trademark application for #LAW for legal services: reuters.com/legal/litigati…

Dick was a football player personified. He played the game the way it’s supposed to be played. He will be missed by all the Chicago Bear family. RIP my friend!

“The New York-based restaurant is named after a literal Google search, betting it can bring in customers with the power of SEO—the practice of making a business, website, or content more findable in search engine results.” theverge.com/2023/10/26/239…

Dave Matthews Band (Dave Matthews Band) cover of “Just Breathe” from Pearl Jam (Pearl Jam) — live from Madison Square Garden 11/17/2023

This Sports Illustrated story is wild. The TLDR is that they bought AI-generated headshots and created fake writer profiles so they could publish AI-generated content and make it look real. They then deleted the content when asked about it. Super sad. SI used to be the best.

Hail to the Victors! #GoBlue

The great Steve Earle at City Winery last night singing “Galway Girl”

Another legal loss for trump. This time a UDRP action he initiated over the domain name <maralago.com>: wipo.int/amc/en/domains… I represented the prevailing respondent/defendant via Lewis & Lin.

Has anyone done more off a single work of IP than Jimmy Buffett? (song, book, beer, restaurant, hotel, casino, etc.)