It is hard to imagine a business that does not own or use an asset subject to copyright protection. Copyright protection extends to eight non-exclusive classes of works: literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. 17 U.S.C. §102(a). Continue reading
Monthly Archives: September 2017
An Email Can Constitute “Commercial Advertising and Promotion”
The United States Court of Appeals for the Fourth Circuit recently issued an unpublished opinion adopting a three-factor test for determining whether a communication is “commercial advertising or promotion” for purposes of a Lanham Act false advertising claim. It is unclear why this decision was not selected for publication. Continue reading