January 26, 2016


(As seen in The John Marshall Review of Intellectual Property Law)


Section 505 of the Copyright Act allows courts to award attorney’s fees to the prevailing party in a copyright case. Almost twenty years ago, the Supreme Court in Fogerty resolved a split among the circuits over the interpretation of th...

November 13, 2015


The word for it is insidious.  It might not exactly be illegal, but it’s definitely insidious.  I’m referring to a recent wave of trademark scams, designed to extract unnecessary payments from unwitting owners of federal trademark registrations.  Trademark scams are not new, but like the flu there is a particularly v...

July 21, 2015


‘Shuffle’ Case is Just in Time for Football Season

Since football season is upon us, I thought it would be appropriate to write about one of the most amazing football films ever made. No, it is not “Knute Rockne, All American” (1940) or “Rudy” (1993). It’s not “Friday Night Lights,” “The Blind Side” (2009) or even “...

July 21, 2015


On January 30, 1939, Adolf Hitler gave a speech to the Nazi Reichstag. He told his followers, “In the course of my life I have very often been a prophet, and usually been ridiculed for it….Today I will once more be a prophet: If the international Jewish financiers in and outside of Europe should succeed in plunging t...

July 20, 2015


Who knew that the most famous image of the greatest basketball player of all time was inspired by a Nureyev-like ballet move called a grand jeté? The basketball player, of course, is Michael Jordan and the image is the ubiquitous silhouette that can be seen on every pair of Air Jordan shoes. It has become known as Ni...

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Copyright Act Doesn’t Pre-empt Shufflin Crew’s Right of Publicity Suit – Northern District of Illinois

August 25, 2015

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