Sorry, Gas Companies - Parody Isn't Infringement (Even If It Creeps You Out)

Activism comes in many forms. You might hold a rally, write to Congress, or fly a blimp over the NSA. Or you might use a darkly hilarious parody to make your point, like our client Modest Proposals recently did. Modest Proposals is an activist...

SXSW Tried to Silence Critics with Bogus Trademark and Copyright Claims. EFF Fought Back.

Special thanks to EFF legal intern Jack Beck, who was the lead author of this post. Amid heavy criticism for its ties to weapons manufacturers supplying Israel, South by Southwest—the organizer of an annual conference and music festival in...

The Public Domain Benefits Everyone – But Sometimes Copyright Holders Won’t Let Go

When something enters the public domain, you’re free to copy, share, and remix it without fear of a copyright lawsuit. But the former copyright holders aren’t always willing to let go of their “property” so easily. That’s where trademark law...

Supreme Court Sends Bad Spaniels Back to Obedience School, Leaves Rogers Test Mostly Intact

The question of when you can use a trademark is one we see all the time—and one that is often misunderstood. Many of the world’s largest and most powerful companies are fanatical about their trademarks. But that means the public is often in the...

EFF Tells Supreme Court: Trademark Law Doesn’t Trump the First Amendment

A trademark dispute between a liquor company and a maker of novelty dog toys may not sound like an important First Amendment battleground, but the latest trademark case to come before the U.S. Supreme Court could have serious consequences for...

'Peaky Blinders' Production Company Working With Bushmills On A Themed Whiskey

Nearly a year ago, we talked about a trademark battle between Caryn Mandabach Productions, the company that produces Netflix's Peaky Blinders hit show, and Sadler's Brewhouse, a combined distillery that applied for a "Peaky...

Node.js Trademarks Transferred to OpenJS Foundation

/PRNewswire/ -- The OpenJS Foundation, providing vendor-neutral support for sustained growth within the open source JavaScript community, is announcing...

Coca leaf: 'Coca' pits indigenous Colombians against soft drink giant

Rest Assured the Linux Foundation Does Not Really Speak for Linux (Not Anymore)

The employer of Linus Torvalds, who remains the trademark holder of "Linux", is clearly aligned against the goals of Linux as a project and as a community

DC Comics Goes To UK High Court Over Trademark Granted To Unilever For 'Wonder Mum'

Regular Techdirt readers will not be shocked when I say that DC Comics has a long and often ridiculous history when it comes to "protecting" its intellectual property. From trademark bullying over a barbeque joint, to trying to bully a...

Mexico’s cultural appropriation ban is off to a messy start

"It becomes very complicated because the instruments to implement it are not explained."

Apple Opposes Trademark For Indie Film 'Apple-Man' Claiming Potential Confusion

When it comes to silly trademark disputes, Apple has come up for discussion many, many times. The mega-corporation is a jealous defender of all of its IP, but most of our stories have focused on its disputes with companies that created logos that...

Trademarks in Conversation: Assessing Genericism After Booking.com