Grammy Award-Winning Band The Eagles Sues Hotel California

Hotel CABy Daniel J Goodman

Approximately 1,300 miles from a corner in Winslow, Arizona is a hotel in Todos Santos, B.C.S., Mexico. Its name? Hotel California. One can only assume that it’s a lovely place with plenty of room for all to live it up and enjoy the beautiful Tequila Sunrise Mexico has to offer. But, according to Grammy award-winning band the Eagles, this New Kid in Town is a downright Desperado trademark infringer. On May 1, 2017, the Eagles filed a complaint in the Central District of California for trademark infringement under § 1125(a) of the Lanham Act and for trademark infringement and unfair competition under California common law. Continue reading

YouTube Remixers & Small Statutory Offenders in Focus

YOUTUBER_ICONBy Andrew H. Fuller

There is little doubt that YouTube content creators have been causing waves in the copyright world since its inception. For example, in 2009, YouTube started to mute the audio tracks of any videos or streams posted by users that contained unauthorized copyrighted music. Another common and popular genre of YouTube content is remixes, where YouTube artists create content by altering and sampling from existing, copyright protected content. Most YouTube content creators are unaware and unconcerned about copyright laws or infringement claims until YouTube cracks down on them. Those who are vaguely familiar often assume that their use is within the bounds of Copyright’s Fair Use exception. Given the general (mis)understanding around Fair Use and the courts’ treatment and application of this exception, the Lanham Act would seem ripe for an update. While the technological landscape of media dissemination and user consumption has radically shifted, the laws around copyright haven’t changed. Continue reading

Federal Circuit Vindicates First Amendment by Holding Section of Lanham Act Unconstitutional

trademark-gavelBy Vijay Kumar

The Court of Appeals for the Federal Circuit (CAFC) recently decided en banc that Section 2(a) of the Lanham Act, which prohibits registration of “disparaging” trademarks, is unconstitutional under the First Amendment. The effects of this significant decision (In re Tam) will undoubtedly ripple across multiple industries and affect many controversial trademarks, including most notably the Washington Redskins, who are currently appealing a district court decision to the 4th Circuit Court of Appeals. Continue reading