Category Archives: Uncategorized

Supreme Court: Apples Are Not Blueberries

The Supreme Court decided this morning that Coca-Cola could not hide behind FDA regulations to avoid a Lanham Act false advertising claim. POM Wonderful sued Coke for selling juice prominently labeled “pomegranate blueberry.” The juice contained 0.3% pomegranate juice, 0.2% … Continue reading

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Is A “Review” Using Your Trademark To Steer Customers to Competitors?

The moral of this story is: search your business names and trademarks often. Check the ads on the results page. They may use your name and “reviews” to drive potential customers to your competitors. Luring customers with competitor’s names and … Continue reading

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Supreme Court Wants Patents Out of the Federal Circuit’s Zone of Uncertainty

June means big US Supreme Court decisions. Yesterday morning they issued one that is unanimous, and in the patent world it’s big. The Roberts Court continued its tradition of rejecting rigid standards and nearly impossible hurdles erected by the one … Continue reading

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Musical Treasures and RESPECT

The British Invasion and Beatlemania were in the mid-1960’s. The Motown Sound and Surf music were hitting their creative peaks. And guitar legend Wes Montgomery was translating this creative explosion into cool jazz versions of Eleanor Rigby, Windy, California Dreamin … Continue reading

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Science and Ancient Recordings

Music industry reporting is more about technology and business models than music. The focus is on new ways to make money selling recorded music or getting people to buy tickets to a show. Thanks to Alec Wilkinson’s superb “A Voice … Continue reading

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Raise the Minimum Wage for Songwriters?

Senator Orrin Hatch plays piano and writes songs. His 300+ works include a Christmas Eve album and a Hanukkah song. With colleagues Lamar Alexander and Bob Corker he introduced the Songwriter Equity Act of 2014 to go along with the … Continue reading

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Is It a Hit This Minute?

Billboard today announced a partnership with Twitter to create the first real time reports of music popularity. Billboard’s charts have influenced the fortunes of artists since 1936. The technology may have changed dramatically, but the announcement brings the charts back to … Continue reading

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Jimi Hendrix Estate Decision Casts Shadow on Indiana’s Right of Publicity Law

A famous person’s right to make money from his or her own fame is called the right of publicity. It is a slippery kind of intellectual property that varies from state to state. When efforts were made to require licenses … Continue reading

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Can the Law be Copyrighted?

More than a decade ago I was startled to learn that question was being debated in a federal court in Texas. It was basically settled by the Supreme Court early in the Nineteenth Century, but here it was again.  The … Continue reading

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Credit Unions versus Patent Troll Demand Letters

Credit unions are non-profit financial institutions with nearly 100 million members, but they can’t afford to fight patent trolls either. Two days ago, a Vermont credit union CEO testified before the Senate Judiciary Committee chaired by Sen. Patrick Leahy, of … Continue reading

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