Randazza Legal Group

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Randazza Earns Certificate in E.U. Data Protection Law

Adult industry attorney Marc Randazza recently completed a certification program on European data protection law through the Academy of European Law in Trier, Germany.

opinion

Trademark Ruling a Victory for Adult Products, Services

In a 1971 case, Cohen v. California, the U.S. Supreme Court said “one man’s vulgarity is another’s lyric.”

Marc Randazza ·

U.S. Supreme Court: Offensive Trademark Ban Is Unconstitutional

In a decision of particular interest to adult entertainment and sex toy and novelty brand holders, the U.S. Supreme Court ruled Monday that federal trademarks can be registered in most cases even if they are considered derogatory.

Swiss Court: No Protection for 'Obscene' Trademarks

A Swiss court has sided with the nation’s trademark office in a case involving an application for the brand “Mindfuck,” ruling there is no protection for “obscene” trademarks.

opinion

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling.

Marc J. Randazza ·
opinion

Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer.

Marc J. Randazza ·
opinion

Randazza: Trump Victory, Big Prop 60 Win

On Tuesday afternoon, I boarded a transatlantic flight. Given all of the negativity in the 2016 presidential race, I was delighted that I would be absent for the results. I found both Donald Trump and Hillary Clinton to be awful — and I knew that on Nov. 9, no matter who won, America was a worse place.

Marc J. Randazza ·

U.S. Justices to Hear 'Offensive' Mark Case on Jan. 18

The U.S. Supreme Court has slated oral arguments for Wednesday, Jan. 18., in a trademark case that should be of particular interest to adult business operators.

Randazza Releases 'The Freedom to Film Pornography'

Industry attorney Marc Randazza dispels the oft-repeated myth that porn can only be shot in California and New Hampshire in a paper released today by the Nevada Law Journal titled, “The Freedom to Film Pornography.”

U.S. Justices to Hear Case on Objectionable Trademarks

Industry attorney Marc Randazza says the adult entertainment biz should closely follow a trademark protection case that will be argued before U.S. Supreme Court justices.

Randazza Paper Discusses Issues of Fair Use, DMCA Reform

The recent Lenz v. Universal case demonstrates that there is a need for greater protection for fair use and a DMCA abuse statute with real teeth, according to a new paper authored by industry attorney Marc Randazza.

opinion

Another Attempt to Blame Pornography

Pause for a moment as you recall that Utahans consume more online pornography than any other Americans. After the laugh track plays, you might want to be just a little concerned.

Marc J. Randazza ·

Appeals Court Won't Rehear Copyright Case Over DMCA Takedowns

The 9th U.S. Circuit Court of Appeals on Thursday declined to rehear the so-called “dancing baby” case but made some amendments to its ruling on the Digital Millennium Copyright Act’s notice-and-takedown system.

Court Asked to Order USPTO to Comply With Trademark Ruling

The Slants, the band that won a key decision striking down a ban on “disparaging” trademark registrations, asked an appeals court today to force the U.S. Patent and Trademark Office to comply with the ruling.

opinion

2016 Outlook: Attorneys Share Foresights

I think 2016 will be a pivotal year for the online adult entertainment business, as it will be for the broader entertainment industry as a whole. I believe it will be the year that we look back and refer to as the year virtual reality became reality as a new form of entertainment.

Rhett Pardon ·

Randazza Publishes Paper on Morality and Intellectual Property Rights

Industry attorney Marc Randazza recently released a paper that examines intellectual property rights and the implications of morality-based impediments to the enforcement of them and their supportability under international agreements.

Federal Circuit: U.S. Cannot Deny Trademarks Over Offensive Names

In an appellate decision of significant importance for the adult entertainment and sex toys and novelties industries, the U.S. Court of Appeals for the Federal Circuit ruled today that the U.S. government can’t deny trademarks over offensive names.

opinion

Legal Perspectives: What the Adult Industry Owes to James Joyce

The adult industry has a very good sense of history. For example, none would challenge the statement that this industry took a leading role in protecting First Amendment rights for all Americans. In the adult industry, we have our heroes and martyrs.

Marc J. Randazza ·

Arbitrators Deny Cybersquatting Claims Involving ‘Porntube’ Mark

An arbitration panel, 2-1, recently denied cybersquatting claims against the operator of two domains that incorporate “porntube” within its website names.

opinion

Legal Perspectives: ‘Dancing Baby’ Case's Effects on Adult Business

In 2007, Stephanie Lenz went to You-Tube and posted a video of her baby running around her kitchen, pushing a toy cart, with a few seconds of Prince’s “Lets Go Crazy” playing in the background. Little did she know that this 29- second video would turn into a landmark court decision that would have significant effects on the adult entertainment industry.

Marc J. Randazza ·