“[Don’t] Take It from Me:” Examining Commodores Entm’t Corp. v. McClary

[Kristen Rollerson, Contributing Member 2018-2019]

The Commodores is a musical group that was formed in 1968.  With the help of Motown Records, original members Thomas McClary, Walter Orange, Lionel Richie, Milan Williams, William King, and Ronald LaPread gained stardom and are still thriving.[1]  The Commodores became a household name with hits like “Take it from Me,” “Brick House” and “Three Times a Lady.”[2]  The group emerged on the Hollywood scene in 1971, and shortly after, released its first album in 1974.  The Commodores have a legacy of over forty released albums, seven number-one singles and topped the charts with multiple hits.  Since its inception, the Commodores toured the globe and continue to share its mark with the world despite the group’s ever-evolving membership.

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Drive My Car: Examining Waymo LLC v. Uber Technologies, Inc.

[Kristen Rollerson, Contributing Member 2018-2019]

No, this is not an ode to the Beatles’ legendary song Drive My Car, but instead, this blog serves the purpose of examining the misappropriation of trade secrets.  Courts have struggled with adjudicating the misappropriation of trade secrets due to the various jurisdictions which a case can be brought.  For instance, state and federal laws afford civil protection.  Interestingly, these protections largely rest upon the language of the Uniform Trade Secrets Act (“UTSA”).  With a multitude of avenues, the complaining party has their choice of law which may tip the scale in its favor in litigation.  Most recently, trade secrets involving self-driving cars have entered the realm of litigation. 

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Will Tequila Regulations Drive Us Loco? Luxco Thought So

[Julie Kappelman, Cite Checker 2017-2018]

In January 2017, the Trademark Trial and Appeal Board (“TTAB”) issued a ruling that rejected the argument that “tequila” was generic and permitted the applicant to register “TEQUILA” as a certification mark.[1] The certification mark for “TEQUILA” was issued on June 20, 2017, with the registration number 5225126 to the applicant, Consejo Regulador del Tequila (CRT),[2] a Mexican nongovernmental entity entrusted with authority to monitor, regulate, and control tequila from the Mexican government. This decision in the context of international agreements shows how intellectual property rights and international trade agreements can conflict, as well as how different federal agencies view one another’s jurisdictions. Read More

A Cheater’s Guide: An Analysis of Whether Third Party Cheat Software in Video Games Violates §1201 of the DMCA

[Charles Hotnog, Executive Editor 2017-2018]

League of Legends (“LoL”) is an incredibly popular “multiplayer online battle arena” game[1] that at one point in 2014, had over 7.5 million players playing the game concurrently.[2] The game has garnered a huge following spawning regional and international tournaments[3] which are broadcast internationally online with viewership occasionally exceeding some high profile sports events.[4] Competition in such tournaments is often fierce, with the prize pool for the 2016 League of Legends World Championship series exceeding a total of five million dollars (including fan contributions).[5]

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