Writer of all things legal tech, IP, literature & law ▪️JD, UT Class of 2019 ▪️ Attorney with Trammell, Adkins & Ward, P.C.
Joined June 2019
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Retro Console War Part I of III - Atari Interactive battles over trade dress infringement of its iconic Atari 2600 joystick 🎮💥☄️
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5th Circuit indicates possible split on the issue of Copyright Act Preemption of Unjust Enrichment Claims and the issue of Data Scraping of factual data in Digidrill v. Petrolink - issues previously addressed by the 11th Circuit in Compulife v. Newman.
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Justice Breyer’s Dissent in USPTO v. Booking.com, argument for the adoption of Goodyear in determining trademark eligibility for internet-domain compound generic terms.
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Justice Ginsburg takes on the USPTO and generic name trademark filings in USPTO v. Booking.com
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Functionality & Fame - 9th Circuit Addresses Trademark Infringement of Herman Miller’s Iconic Eames and Aeron Chairs.
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Copyright v. Trademark - Maryland District Court Discusses and Applies Dastar in Dismissing Plaintiffs’ Trademark Claims in yet another Fortnite Dance Case - Brantley v. Epic Games PART II
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Epic Games and Fortnite win again —
Copyright Preemption in Brantley v. Epic Games PART I: The “Running Man” Dance And Copyright Subject Matter.
Read full article below ⬇️
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Part II of Compulife v. Newman:
11th Circuit addresses Trade Secret Misappropriation and Web Scraping of publicly available data by bot hack.
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Abstraction, filtration, comparison, oh my!
11th Circuit provides in-depth analysis of the abstraction/filtration test and burden shifting in complicated source-code infringement case.
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Redesigned the blog this morning! Wanted to make changes to the layout/design and clean it up a bit for mobile users after working on some SEO. What do you think?
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Enchant Christmas Lightshow’s preliminary injunction request denied on appeal against Nashville-based Christmas Lightshow Glowco, LLC. Light sculpture animals in natural positions get thin copyright protection at best.
Full blog post ⬇️
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9th Circuit re-addresses copyrights for graphically-depicted characters in lawsuit against Disney over characters from “Inside Out” by creator of “The Moodsters.” Court finds for Disney, noting character colors representing emotions is not copyrightable.
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“No one can own the law.”
Supreme Court rules Official Code of Georgia Annotated is not copyrightable as Judges and Legislators performing in their functions cannot be authors for purposes of the Copyright Act under the Government Edicts Doctrine.
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“He didn’t get the message....”
Plaintiff’s second-filed infringement claim against Spike Lee and Prince’s Estate over Girl 6 soundtrack and his song “Phone Sex” barred by Collateral Estoppel.
Read full the full blog post ⬇️
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Yo ho ho and a bottle of....... sovereign immunity?
Supreme Court follows precedent for patents and rules copyright infringement state abrogation provision of the CRCA as invalid in Blackbeard shipwreck copyright case ⚓️
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S.D. New York District Court finds NBA 2K20’s use of copyrighted tattoos on player models for Lebron James, Kenyon Martin, and Eric Bledsoe to be de minimis and fair use.
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