California’s Eraser Button law, which went into effect on January 1, 2015, could impact the business practices of every “Internet Web site, online service, online application, or mobile application” directed toward users in California under the age of 18. What does this law actually say, and what should website and app owners look out for?
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Archives: Business Law
Band Name Trademark Dispute: Creedence v. John Fogerty
December 16, 2014
I’m always on the lookout for news about Creedence, particularly those having to do with leads on who broke into Jeffrey “The Dude” Lebowski’s car and stole his tapes, tape deck, and briefcase. Sadly, the LAPD has no update on that case, but there is a band name trademark dispute to discuss. Lead singer and songwriter John Fogerty is being sued by his former Creedence Clearwater Revival bandmates. If you’re thinking, “Huh, wasn’t there a lawsuit about that years ago?,” you’re right. And now they’re at it again.
Can a Toothbrush be a Product Design Trademark?
November 18, 2014
In theory, anything that identifies the source of a product or service can be a trademark. This includes not just words and logos, but colors, sounds, and packaging (which falls under the related category of trade dress.) What about a product design trademark? Philips recently tested the boundaries of this issue with a US Patent and Trademark Office (USPTO) application to register the base assembly of an electric toothbrush as a trademark.
Is the Look & Feel of a Website Protectable Trade Dress?
November 4, 2014
A recent case involving two online providers of maternity clothing, Ingrid & Isabel, Inc. v. Baby Be Mine, LLC, gave rise to this question: are you allowed to copy the look & feel of a competitor’s website if you don’t directly copy elements protected by copyright and trademark, such as wording and logos? To answer this question, the court had to explore the concept of trade dress, a subset of trademark law.
