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Senate Bill 7072: A Stand Against Big Tech or a Violation of the First Amendment?

  • BlogFirst AmendmentSocial Media
  • ByMamoon Saleemi
  • OnMarch 7, 2022
On May 24th, 2021,  the Governor of Florida, Ron DeSantis signed Senate Bill 7072– “[A] sweeping set of restrictions on how the companies that run . . . [social media] websites shall moderate what is said on them.” The bill…

To Enforce or Not to Enforce? Leslie Jones and Twitter’s DMCA Policies

  • BlogCopyrightFirst AmendmentInformation LawSocial Media
  • BySeth Warshaw
  • OnFebruary 28, 2022
On Twitter, the question for copyright holders is not how to enforce their rights under the Digital Millennium Copyright Act (DMCA), but whether to enforce them. Specifically, on Twitter, copyright holders can report any violations under the DMCA, and penalties…

Copyright in Ecommerce: Conquering Fraudulent Advertising

  • BlogCopyrightIntellectual PropertyProducts LiabilitySocial Media
  • ByEliane Aini
  • OnFebruary 28, 2022
Business owners have a lot to consider when starting a business. Competing with themselves should not be something they need to think about. However, for businesses dealing with counterfeiters, this is exactly what is happening. Counterfeit products are not new…

Miramax v. Tarantino: Decoding A New Age of Intellectual Property Rights

  • Art Law & Cultural PropertyBlogContractsCopyrightData LawIntellectual Property
  • ByRaven Berzal
  • OnFebruary 21, 2022
Non-fungible tokens, or NFTs, are “unique files that live on a blockchain and are able to verify ownership of a work of digital art.” They are essentially digital assets that represent a unique object—typically art, music, videos, or games. An…

Contributory Infringement and Dupe Influencers

  • Art Law & Cultural PropertyBlogCopyrightData LawIntellectual PropertyProducts LiabilityTrademark & Unfair Competition
  • ByAlbert Aini
  • OnFebruary 21, 2022
Influencers get paid a lot to advertise products on their platforms. Companies realize an opportunity to advertise through influencers to reach their impressionable followers. Dupe influencers promote counterfeit goods by sharing links and or reviewing them. Their marketing is effective–a…

The ‘MetaBirkin’ and the Beginning of Trademark Litigation in the NFT Space

  • Art Law & Cultural PropertyBlogCopyrightData LawFashion LawIntellectual Property
  • ByCaitlin Muraca
  • OnFebruary 14, 2022
When one thinks of art, one generally thinks of something physical. That isn’t the case anymore as non-fungible tokens, or NFTs, are breaking down such notions. NFTs are completely digital, “you can’t touch it, but you can own it.” For…

Custom Characters that Look Exactly Like You: Misappropriation or Creative Take?

  • BlogCopyrightCyberlawData LawIntellectual PropertyTrademark & Unfair Competition
  • ByOlivia Yoon
  • OnFebruary 14, 2022
Imagine yourself playing Grand Theft Auto. In the spirit of the game, you go rampaging through the city only to find you’ve ran over a pedestrian that looks exactly like you. Would you feel shocked? Angered? Bemused? The chance of…

Travis Scott: Is He Responsible for a Disaster “Butterfly Effect”?

  • BlogContractsInformation LawMusic Law
  • ByEliane Aini
  • OnNovember 24, 2021
On November 5, a tragedy occurred at a Travis Scott concert in Houston. Due to a crowd surge during Astroworld, a concert founded and held annually by Travis Scott, at least nine people died, resulting in one of the deadliest…

What is the Value of Art? MSCHF Creating Value by Destruction

  • Art Law & Cultural PropertyBlogCopyrightMedia LawTrademark & Unfair Competition
  • ByKelsey Clifford
  • OnNovember 24, 2021
What is the value of art? Is it how it looks? Is it the artist who created it? Or is it how much it will appreciate in the future? MSCHF (pronounced “mischief”), the Brooklyn-based art collector, is challenging the “capital-A…

Tom Brady Just Threw His 600th Touchdown Pass: What’s the Catch?

  • Art Law & Cultural PropertyBlogContractsSports LawTradeTrademark & Unfair Competition
  • ByCourtney Leon
  • OnNovember 17, 2021
While the theory of economics can be studied in its raw form, there are applications of it that prevail beyond the fundamental notion of “economics.” A principal theory in economic models is that firms maximize profits in competitive markets. Similarly,…

The Hypocrisy of Facebook: Facebook’s Failure to Comply with Their Own Proposal

  • BlogCopyrightData LawInformation LawIntellectual PropertySocial MediaTechnology
  • ByCaitlin Muraca
  • OnNovember 17, 2021
Section 230 of the Communications Decency Act (“CDA”) immunizes social media platforms, like Facebook, from liability of third party content. In other words, Facebook can’t be held liable for defamatory or offensive content posted by its users. In many ways,…

Peloton Is Climbing The Music Streaming Service Leaderboard After 2020 Settlement with NMPA

  • Art Law & Cultural PropertyBlogCopyrightIntellectual Property
  • BySeth Warshaw
  • OnNovember 10, 2021
In a 2019 statement, Peloton’s co-founders stated their desire to have the company serve as “a discovery resource for new artists and songs while also providing the opportunity for [their] Members to re-discover music they love.” However, this statement came…
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    • Name, Image, Likeness: The Evolution of College Athletics
    • The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics
    • 25 Years of Section 230: Retain, Reform, or Repeal?
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    • Diamond Anniversary: 75 Years of the Lanham Act
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    • Barking Up the Wrong Tree: An Exploration of Intellectual Property Law Protections Following Bad Spaniels and Andy Warhol
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    • The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics
    • 25 Years of Section 230: Retain, Reform, or Repeal?
    • Piracy Paradox in an Era of Disruption
    • Diamond Anniversary: 75 Years of the Lanham Act
    • Trophies for the Empire
    • Digital Art & Blockchain
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      • New Impressions on Advertising Law
      • 3D Printing and Beyond
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