All posts by: Joshua Waterston

About Joshua Waterston

For almost 30 years, the NFL’s Washington Redskins were involved in litigation over their team name. Now that the owners have capitulated, they face new challenges: a swarm of trademark squatters that have scooped up rights to likely replacements.  First, a little background. The Washington Redskins have been using the team name since 1933 and […]

In a story that would make a screenwriter jealous, it seems that the newly-minted U.S. Space Force may have lost trademark rights in the term “Space Force” to Netflix. On June 18, 2018, President Trump announced the U.S. Space Force which came to life on December 20, 2019, with the signing of the National Defense Authorization Act for Fiscal Year 2020, […]

Why is the famous “I [heart] New York” logo protected by trademark and not copyright?  At first glance, you’d think that it’s artwork, and therefore can be protected by copyright.  However, the Copyright Act protects “original works of authorship.” The “I [heart] New York” logo is merely a phrase, with the word “love” replaced by […]

A month ago, we were at work and school. Grocery stores were full of toilet paper, hand sanitizer, flour, and milk. “Flattening the curve” meant that I needed to lose a few pounds. The coronavirus (COVID-19) pandemic has now swept through the United States like a hurricane. Businesses have been shuttered, supply chains are stretched […]

 In 1998, the Digital Millennium Copyright Act (DMCA) became law. That year, Chumbawamba’s “Tubthumping” topped the charts, Mark McGwire broke the home run record, Google, Inc. was formed, and smartphones didn’t yet exist. The Web was in its infancy, but online service providers were concerned about their potential liability for hosting users’ content. The DMCA […]

Newsweek has called it the “copyright case of the decade” and it may be right.  Google and Oracle are software titans battling over whether the freely available connections between software platforms (Application Programming Interfaces, or “APIs”) can be protected by copyright law.  APIs are generally free to use, and they enable developers to build programs […]

Here’s a challenge for these modern times:  How do observant Jews follow the Biblical commandment to observe the Sabbath?  Rabbis generally agree that driving is prohibited, and that using electricity is not prohibited – but using switches to manually turn the flow of electricity on or off is prohibited.  This is why you may have […]

You may have heard that the generational battle between “millennials” and “baby boomers” now has a catch phrase: “OK Boomer”. It’s a dismissive phrase by those darn youngsters who are loitering on your lawn and forgetting to pull up their pants. I’m kidding about the loitering and the pants, but the catchphrase is a real […]