The label for 99-cent bottles of “Fireball Cinnamon” states that it is a “malt beverage with natural whisky & other flavors and caramel color.” So, would the average consumer believe that the distilled spirit of whisky was an ingredient here? Anna Marquez did. And she has filed a class-action lawsuit against Sazerac Company for fraud […]
The Anti-cybersquatting Consumer Protection Act (“ACPA”) was intended to fill the gap between cybersquatting and the traditional likelihood of confusion analysis for trademark infringement. The ACPA applies to whether a domain name was registered in bad faith “at the time of registration of the domain name.” There is a developing circuit split over whether the […]
For floor plans that embody an architectural work such as a single-family house, the arrangement and composition of spaces and elements in the design of the house may be protectable by copyright, but not individual standard features. Indeed, the Copyright Act defines “architectural works” as follows: An “architectural work” is the design of a building as […]