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Archives: This is Interesting

California’s New Worker Protection Law


On September 18, 2019, California Governor Gavin Newsom signed into law AB5, which is intended to redefine who is classified as an employee while working in the state. AB5 expands on and codifies the California Supreme Court’s 2018 ruling in Dynamex Operations West, Inc. v. Superior Court, which I wrote about in this blog post: Big Change in California Independent Contractor – Employee Law. It’s being written about as a law that applies primarily to gig economy “companies such as Uber and Lyft“, but the impact of AB5 will likely go far beyond Uber drivers. The full text of AB5…

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Podcaster Hit With Copyright Lawsuit for Unlicensed Music


I’ve been writing and speaking for several years about the likelihood of lawsuits concerning unlicensed music in podcasts. See, for example, my 2015 blog post “Can I Play Music On My Podcast?” Spoiler Alert: The answer is “no, unless you have the proper licenses.” Recently, a podcaster was sued for copyright infringement for doing exactly that – playing popular music on a podcast without the appropriate license. To my knowledge, this is the first time that this has been the subject of a lawsuit, but I doubt it will be the last. Universal Music Group (“UMG”), one of the world’s…

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Is ZERO Generic for Coke (ZERO)?


For more than 13 years, a battle has raged over the brand name COKE ZERO. At its core, the dispute centered on whether the term “zero” was generic or descriptive for purposes of trademark law. These two trademark types have important implications for the abilities of companies to protect their intellectual property. If the term was deemed generic, that would mean it could not be registered and it could be used in commerce by anyone – including Coca Cola’s competitors. If, on the other hand, the term was found to be descriptive (i.e., it could be uniquely recognized by consumers…

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