Immoral Trademarks Fair Game

Today the United States Supreme Court issued a ruling in Iancu v. Brunetti. In doing so, they greatly expanded the kinds of trademarks that can receive federal protection. For the longest time the Langham Act, which governs federal trademark law, barred the registration of acts deemed disparaging, immoral, or scandalous. In 2017, this list was struck a blow when the court rules that banning protection for disparaging marks violated the First Amendment.

Erik Brunetti sought to trademark his clothing brand FUCT. It was rejected as immoral. A majority held that this constituted viewpoint discrimination, making it an unconstitutional constraint on free speech.

As of today there is a broader range of trademarks that can be protected. But that doesn’t make filing and obtaining this protection any easier. If you or your business need to file for trademark protection, The Law Firm of Dillon McCarthy is ready with the knowledge you need.

Getting Sued for Posting a Picture of Yourself

Social media has changed the way we interact with each other. We post pictures of ourselves to our Instagram all the time, hoping to show people that we are living the life that we want. But the law hasn’t changed at the same pace as the internet. Before posting a picture of yourself, it’s important to know who took the picture and whether you have permission to post it.

This is not likely to be a problem when the picture was snapped by your friend, but it can become a much larger problem when you’re a celebrity with people following you around trying to make money on your likeness. Ask Ariana Grande, who is currently being sued in New York for posting a picture of herself to Instagram.

Robert Barbera, a professional paprazzi, alleges that he took a photograph of Grande outside a building carrying a bag emblazoned with the word “Sweetener.” Grande went on to post these photos to her Instagram account to promote the release of her new album of the same name. After obtaining copyright registration, Barbera sued her for willful copyright infringement, alleging that he was entitled to damages when she posted the copyrighted photos without his permission.

This is part of a growing trend. Celebrities like Kim Kardashian and Gigi Hadid have been sued by paparazzi for doing the same thing. Many of those sued have reached out-of-court settlements. While it may seem odd that they are profiting off of people posting photos of themselves, so long as the photo was taken in a public place, a paparazzi likely owns the copyright in the photos they take. Each case is different and different facts can change the outcome, one thing is clear: while social media has made sharing easier than ever, the law makes sure nothing is that easy.

The Carlton Dance Denied Registration by US Copyright Office

Alfonso Ribeiro, best known as Carlton from the hit 90s sitcom The Fresh Prince of Bel-Air, is one of a handful of people currently suing Epic Games for putting one of their dances in Fortnite. This isn’t surprising. Fortnite has been a massive hit, and Epic Games has been making yearly profits comparable to Amazon’s off the game. One of the ways that Epic makes their money is by selling emotes, which include digital recreations of well-known dances that players can purchase and perform in-game.

But the most high profile of these lawsuits has been dealt a serious blow. Ribeiro performed the now-famous Carlton Dance while playing his Fresh Prince character. You can see how every step was put into Fortnite.

Source: Cinema Of Gaming YouTube channel

The Copyright Office denied Ribeiro’s attempt to register the dance as a work of choreography. Dance is a complicated form of art in the world of copyright. The denial makes it clear why: “Congress made it clear that it did not intend to protect all forms of dance or movement, specifically stating that ‘“choreographic works” do not include social dance steps and simple routines.’”

This may prove a challenge for all the lawsuits against Epic. Simple dance moves cannot be protected by copyright. To be protected, choreography must be more complex than a simple dance move. As iconic as the electric slide or moonwalk may be, they are not protected. The Copyright Office concluded that The Carlton, consisting of only three dance steps, also should not be protected.

This illustrates that copyright is a complex field with many particular and specific rules. Those seeking protection for their work should not try to navigate it alone. The Law Firm of Dillon McCarthy provides affordable legal services to help those who want to protect their efforts.