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Can You Agree with Competitors to Not Target Each Other in Google Ads?
Thursday, August 18th, 2022
If you own a business, are Google Ads your best friend, worst enemy, or vexing frenemy? These are the ads that show up in Google search results, usually at the top. Businesses hate it when a competitor runs a Google Ad triggered by a search of its name. For example, Spacely Sprockets hates it when Read the full article…
Yes, Ohio State Registered Just THE as a Trademark. Should We be Worried?
Thursday, July 21st, 2022
Ohio State once filed an administrative lawsuit in the federal Trademark Office to stop the University of Oklahoma from getting a trademark registration on a depiction of an Oklahoma drum major because of the block letter “O” shown on the front of the drum major. Ohio State claimed the block letter “O” is its trademark Read the full article…
Legal Issues to Watch With the Metaverse for Businesses That Don’t Want to Go There
Friday, June 24th, 2022
Do you plan to take your business into the metaverse? Even if you don’t, it presents legal issues you should think about. Let’s first look at where it stands. There is no singular metaverse, and it’s under construction. There isn’t even agreement as to what a metaverse is. I consider it to be a persistent, Read the full article…
Twitter, Free Speech, Elon Musk, and Donald Trump – Oh, My!
Wednesday, May 18th, 2022
I’m sure you’ve heard Elon Musk is working on buying Twitter. He has tweeted it is the “de facto public town square” and fails to “adhere to free-speech principles.” Because the First Amendment applies only to government activity, Twitter is not bound by its free-speech protections. But, as a thought exercise, if Musk purchases Twitter Read the full article…
Dealing with Blockchain Domain Names – It’s the 1990s Again
Wednesday, April 20th, 2022
Mark Twain supposedly once quipped, “History doesn’t repeat itself, but it often rhymes.” With the new blockchain domain names, businesses get to revisit the birth of the cybersquatting hassle of the 1990s, but it’s different this time. These are domain names such as .crypto, .eth (which stands for Ethereum, a blockchain), .nft, and .bitcoin. They Read the full article…
Intellectual Property is a Casualty in the New War
Wednesday, March 23rd, 2022
Sadly, we now have a ground war in Europe and a new Cold War with Russia. Less publicized is the war Russia has effectively declared on Western intellectual property in response to Western sanctions and supplying of arms to Ukraine. Attacking the intellectual property rights of your enemy isn’t new to warfare. The United States Read the full article…
Are Social Media Influencers Liable for Trademark Infringement for the Products They Endorse?
Thursday, November 18th, 2021
Being a social media influencer sounds like the path to easy riches. Build a large following, often on Instagram, and then advertisers flock to you with free products and money. A recent federal court case in California sounded a warning: Influencers may be liable for trademark infringement arising from the names of the products and Read the full article…
Learn Lessons from Notre Dame’s PLAY LIKE A CHAMPION TODAY Trademark Mess
Thursday, November 18th, 2021
If you’ve ever watched a Notre Dame football game on television, you’ve probably seen where the Notre Dame football players tap the iconic sign that says “Play Like a Champion Today” before taking the field. It turns out Notre Dame’s relationship with this signature slogan is complicated. It also presents a messy trademark situation that Read the full article…
Behold Your Everyday NFT Future
Wednesday, July 21st, 2021
Are you interested in NFTs? You will have to use them eventually. What does your future hold? NFT stands for “non-fungible token.” It’s a record on a blockchain of the ownership and transfer history of an asset. Blockchain technology is attractive because it creates an unalterable computer record of information. Cryptocurrencies are used to buy Read the full article…
Supreme Court Paves the Way for Paying Big-Time College Athletes
Thursday, June 24th, 2021
The handwriting of the Supreme Court is on the wall. If left to the courts, they will rule that NCAA college amateurism rules violate antitrust law. I expect major-college athletes, at least football and men’s basketball players, will be paid employees easily within a decade, perhaps much sooner. You probably have heard about the Supreme Read the full article…
