Michael A. Kahn

The Trial of the Century? Man Plans and God Laughs

Posted on June 13, 2022June 13, 2022 by Michael Kahn

The editors of The Common Reader asked me to review the posthumous publication of F. Lee Bailey’s book about his role in the so-called Trial of the Century: The People v. Orenthal James Simpson, in which the former football star was charged on two counts of murder for the gruesome multiple stabbings of his ex-wife Nicole…

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You Can’t Make This Stuff Up

Posted on May 21, 2022May 21, 2022 by Michael Kahn

As I have stated before, the legal world offers up frequent new evidence in support of that hoary maxim: “Truth is stranger than fiction.” A copyright lawsuit over a farting doll? Check. A trademark registration dispute of the brand of a sucker (lollipop) for fans of the University of South Carolina Gamecocks? Check. And thus…

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More Thoughts on the Brave New World of X-Rated Trademarks

Posted on May 9, 2022May 9, 2022 by Michael Kahn

Yes, you are looking at the one-word trademark whose registration dispute eventually reached the United States Supreme Court. The U.S. Patent and Trademark Office had refused to register the FUCT trademark for apparel. The ground for refusal? Section 2(a) of the Lanham Act, which prohibited the registration of trademarks that were immoral or scandalous. Erik…

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Literary Foreplay: How the Pros Get You in the Mood!

Posted on March 3, 2022March 3, 2022 by Michael Kahn

While out in Phoenix last week I had the pleasure of spending a delightful afternoon with two of my book publishing heroes: Barbara Peters and Rob Rosenwald, the founders of Poison Pen Press. While sipping Rob’s amazing limoncello, which he creates with fruit from the lemon tree in their backyard, our conversation drifted, as you…

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Winnie-the-Pooh and Hemingway, too! Happy Public Domain Day

Posted on January 12, 2022January 12, 2022 by Michael Kahn

The past few New Year’s Days, and every January 1st going forward, herald a special event in the realm of copyright for an ever-growing collection of works of creative arts that fall into the public on that first day of the year. This January 1st marks that special day for one of our favorite literary…

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Trademarks, Pelotons, and Heart Attacks: The Sex in the City Trifecta

Posted on December 23, 2021December 23, 2021 by Michael Kahn

During my years as an intellectual property lawyer, I have gathered a collection of NSFW cases in a folder labeled You Can’t Make This Stuff Up. As discussed in my latest “lawyer” post (linked below), those cases include: A copyright dispute between the makers of two competing farting dolls–yes, dolls that fart; A lollipop company…

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Why Is the Wisest Advice in the World so Hard to Follow?

Posted on June 16, 2021 by Michael Kahn

Many years ago I came across some words of wisdom from Mark Twain that have both inspired and haunted me ever since: Twenty years from now you will be more disappointed by the things you didn’t do than by the things you did do. So throw off the bowlines. Sail away from the safe harbor….

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Jay Gatsby and Notorious B.I.G.: A Match Made in Baseball Heaven

Posted on May 8, 2021May 10, 2021 by Michael Kahn

Ah, baseball season has arrived! And with it, the joy of the walk-up song. For the true baseball fans among us, name a favorite player and you can name his walk-up song. Same for your team’s closer (whose walk-up song is known as the “entrance song”). Including even those greats who’ve retired. What Yankees fan, when…

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Fathers and Sons and the Iliad: An Apology to Homer

Posted on March 20, 2021April 4, 2021 by Michael Kahn

I confess to a failure to appreciate certain works of literature that bask in universal acclaim. One example triggered my apology to Tolstoy for failing to love Anna Karenina–a novel on every list of the greatest works of world literature. And for years I felt a similar bafflement over my lukewarm reaction to Homer’s The…

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Tonto, Aunt Jemima, and the Challenge of Oblivious Bias

Posted on February 28, 2021March 8, 2021 by Michael Kahn

Surrounded by dozens of hostile Indians on horseback waving rifles and tomahawks, the Lone Ranger turns to his faithful companion. “What are we going to do, Tonto?” “What do you mean ‘we,’ Kemo Sabe?” Earlier this year I gave a Strafford webinar presentation entitled “Rebranding Trademarks: Challenges of Walking Away and Choosing a New Mark.”…

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