Josh Smith explores a recent trademark infringement lawsuit filed by the well-known gas station brand, Buc eeโs, against Mickeyโs, a regional gas station in northeast Ohio. This article examines the application of the Lanham Act to the facts of the case while also considering whether Buc eeโs is asserting a trademark overreach rather than protecting a legally distinctive and enforceable mark.
Estรฉe Lauderย v. Walmart: The Rise of E-Commerce and the Issue of Brand Protection
Brookelynn Stone examines the recently filed case Estรฉe Lauder Inc. et al. v. Walmart Inc. et al., which accuses Walmart of trademark infringement and seeks to hold Walmart accountable for non-genuine products sold by third party sellers on its online marketplace. She explores the key issues likely to shape the outcome of the case and what a ruling in favor of the plaintiffs could signal to large e-commerce platforms and its potential impact on the future of third-party sales.
Rewarding Creativity or Condoning Copyright?
Leah Luckett discusses current AI copyright cases that have been decided or are ongoing. She discusses how the fair use doctrine has shaped copyright law and now is shaping artificial intelligence development. Eventually she concludes authors may not be receiving the protection they deserve.
“Revival” or Rip-Off: The Federal Government’s Use of Zach Bryan’s Hit Song
Joshua Smith explores how the federal governmentโs use of Zach Bryanโs hit song โRevivalโ for immigration agent recruitment exposes unresolved tensions between copyright protection, expressive autonomy, and the limits of government speech.
“I Thought You Died Alone, A Long Long Time Ago”: Can States Prevent The Dead From Being Commodified?
In this article, Abriana Malfatti explores the current law on postmortem rights to publicity and argues how State law can protect oneโs image from being commodified in death.
How Fair is ChatGPT to Copyright Holders and The New York Times?
In this article, Elias Aidun discusses the recent New York Times lawsuit against OpenAI and Microsoft for copyright infringement and analyzes potential fair use arguments.
ย Redefining Obvious โ The New Standard for Design Patents
In this article, Elias Aidun discusses how the recent ruling in LKQ v. GM may significantly change the landscape for design patents, as the standard for determining โobviousnessโ has been redefined.
Legal Wonk-ery: Delving into the Legal Confections of Willyโs Chocolate Experience in Glasgow
In this article, Camille Chandler explores Glasgowโs disastrous Willyโs Chocolate Experience and discusses the possible ways an attendee could recover under Ohioโs Unfair and Deceptive Acts and Practices statute.
Stitching Together Sustainability: Navigating Trademark Law in Upcycled Fashion
In this article, Camille Chandler discusses the possible implications recent trademark cases could have on upcycling, and how these decisions could severely limit the sustainable fashion movement.
Under Your Skin; Kat Von D and the Future of Copyright Law and Unlicensed Works in Tattoos
In this article, Parker Herren explores the future of the case Sedlik v. Drachenberg and the potential implications it could have on fair use and copyrightability in tattoos.
