Author Archives: Jean Niehues

The story of entertainment across decades is seemingly one of misappropriation or credit unduly denied, if the historiography of the various composite industries are to be believed. Really, they’re stories about power: who holds it, who doesn’t, and how those with the power are able to use it to exploit those without power or recourse. 

In what speaks to the relative strangeness of our times, speculation on new names for sports teams via trademark filing observations is now something of a pastime for sports fans, adjacent to the pastime itself. It happened with the now-Football Team of Washington, and is still happening as the team has yet to settle onContinue reading “Trademark Caution Delays Cleveland Name Change”

If there is anything that has been learned over the past few years of observing the portion of the internet wherein regular folks interact with one another, it’s that moderation and monitoring are hard but necessary chores incumbent upon the platforms that to this point have wanted all of the perks of an enormous userContinue reading “Does Article 17 Do More Harm Than Good?”

One of the paramount concerns of our time (among the seemingly dozens of them pressing down upon us at any given moment) is how to contend with the power of big tech. It’s something that every industry and sector has grappled with, although the matter has been something more existential for journalism and online publications.Continue reading “Google Reaches Deal With French Publishers Over Copyright Payments”

Where exists the line between homage and infringement? It’s perhaps a too subtle a distinction at items, and one likely at the heart of many an intellectual property suit over the years. The winking nod to another work or product can be seen as a joke, or would be, if most corporations had a senseContinue reading “SCOTUS Declines Trademark Case Involving Dog Toy”

There is perhaps nothing sadder and more telling of the innate flaws of human nature than the inevitable fight that often takes place upon the death of a popular and prolific artist. We’ve all seen stories of the genre: family is pit against record label over the rights to the now-deceased artist’s work, or worseContinue reading “Family of Jimi Hendrix Battles Over Trademark Rights”

It’s hard to generate much sympathy for megacorporations, particularly at a time when they are bigger and more powerful than they’ve ever been, but there are instances where even they can garner something like sympathy among the broader public (or at least the public that follows intellectual property news.)  These massive companies aren’t necessarily popular,Continue reading “Apple Loses Appeal to Set Aside Patent Infringement Verdict”

A bedrock tenant in intellectual property law is being first to the post when it comes to filing for trademarks; otherwise, you and your business or project are simply out of luck, regardless of the primacy of your creation. That said, there is something to having a history and building brand recognition separate and apartContinue reading “MLS Loses Appeal Over “Inter” Name”

In writing about legal cases, whether they be in the sphere of intellectual property or falling anywhere else outside of it, it’s quite easy to spend your attention on the initial battle, ignoring the ongoing fight or the eventual resolution. Largely that’s a function of the legal system itself and the astonishing amount of timeContinue reading “Minaj, Chapman Settle Copyright Case”

One of the benefits, one might suppose, of being among the most famous people on the planet is that relatively few people are unaware of important facts about you. It’s fair to say that LeBron James ranks among those people, as his mega-stardom has made him known and recognizable the world over, even in placesContinue reading “LeBron James Adds Trademark Blocking to Repertoire”