Photo Credit Keith Allison

By Pedro Celis

In Blackhorse v. Pro Football, Inc., a group of Native American plaintiffs is challenging several of the Washington Redskins’ trademarks before the Trademark Trial and Appeal Board (TTAB). They claim that the Redskins trademarks “disparage” Native Americans and “bring them into contempt, or disrepute” in violation of Section 2(a) of the Lanham Act. Public pressure on the Redskins to change their name has increased, and most recently, Washington D.C.’s mayor and congressional delegate urged the Redskins to adopt a less offensive name. Despite the public pressure, Redskins’ owner Dan Snyder has stated that he has no plans to change the team’s name, but this trademark litigation could give him a financial incentive to change his mind. The TTAB heard the case in March, and will likely issue a ruling in a few months.

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By Abby St. Hilaire

Music sampling has become a mainstay in nearly all genres of popular music. Sampling involves selecting portions of pre-existing sound recordings to use as components of new musical compositions. The amount of work “sampled” ranges from entire “hooks” to a mere a note or two. Nearly as common as this method of music creation are the lawsuits that accompany it—most claiming copyright infringement. As a word of advice to those planning on dabbling in music sampling, it’s best to obtain a license or avoid the Sixth Circuit. The Ninth Circuit, on the other hand, might be a pretty good place to dabble.

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Attorney General Eric Holder

By Alexandra Krakow

At a press conference on February 20, U.S. Attorney General Eric Holder announced the Obama administration’s aim to make the investigation and prosecution of trade secret theft and economic espionage a top priority of the Department of Justice (DOJ). Taking such measures to protect against trade secret theft is a worthy priority. According to Dutch Ruppersberger, the top Democrat on the House Intelligence Committee, U.S. companies suffered estimated losses in 2012 of more than $300 billion due to theft of trade secrets, a large share due to Chinese cyber-espionage. Holder elaborated on the problem: “In some industries, a single trade secret can be worth millions—or even billions—of dollars. Trade secret theft can require companies to lay off employees, close factories, to lose sales and profits, to experience a decline in competitive position and advantage, or even to go out of business. And this type of crime can have significant impacts not only on our country’s economic well-being, but on our national security as well.”

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By Caitlin Forsyth

Earlier this week, the United States Supreme Court heard oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. The case involves challenges to the practice of gene patenting and specifically Myriad Genetics’ seven patents on isolated gene sequences. The American Medical Association (AMA), “concerned about the effect that the decision will have on the practice of medicine and on medical research,” contributed an amicus brief to the court.

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By Evan Brown

On March 30, Judge Richard J. Sullivan of the United States District Court for the Southern District of New York issued a groundbreaking ruling denying first sale protection to resellers of digital music. Along with the Kirtsaeng case, on which the Supreme Court ruled in March, the ReDigi case was watched by many in the arts and technology spheres as a case in which the courts would determine the applicability of the first sale doctrine in the 21st-century economy. Yet, while the Supreme Court in Kirtsaeng viewed the doctrine expansively, holding that copyrighted materials purchased in foreign countries could be legally resold in the United States, the ReDigi court held that the nature of digital file transfers renders the files unfit for resale.

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