Beth Hutchens

Beth Hutchens

Beth Hutchens is a contributing author on Beth’s recurring, feature column typically focuses on Internet, trademark, copyright and/or privacy issues. She brings her unique perspective and witty writing style to subject matter that could otherwise be dry. Her insights, along with a “take no prisoners” attitude, work to provide a fun, entertaining and always informative column.

When not writing she is an attorney based in Seattle, Washington. can be reached at

Posts by Beth Hutchens

The Abandonware Conundrum: Can you modify games if publisher shuts down the server?

The EFF wants an exemption for people who want to modify their purchased games in order to bypass access controls when a publisher shuts down the server. …
By Beth Hutchens 1 year ago 18

Confusion Preclusion: SCOTUS Says TTAB Has Preclusive Effect

There was a split in the circuit courts as to what effect a TTAB decision will have, and this depends heavily upon where the litigation is happening. …
By Beth Hutchens 1 year ago 0

Jury Tells Robin Thicke to Give it Up

Thicke maintains that the Gaye family doesn't own a genre, a style, or a groove and he’s right. The Gayes point out no other musicians or …
By Beth Hutchens 1 year ago 5

How Sweet it is to be Sued by You (for copyright infringement)

Marvin Gaye enjoyed tremendous success during this decade and his song Got to Give it Up topped the charts in 1977. Fast forward nearly forty years to 2013, when …
By Beth Hutchens 1 year ago 23

Seattle Football and The Twelfth Man Trademark

As part of the settlement agreement, Seattle can use the number 12, and whatever rendition of 12 it wishes, so long as it sufficiently distinguishes whatever mark it comes …
By Beth Hutchens 1 year ago 11

We Are Just Too Pretty to get Sued for Infringement

Firefly was a briefly lived television show that aired on Fox in 2002. It only lasted for a few months before Fox yanked the plug (a most egregious …
By Beth Hutchens 3 years ago 20

Going Gaga for Music Samples

A Chicago musician called Rebecca Francescatti says that Lady Gaga stole part of her song “Juda” for the hit song “Judas”. More specifically, the complaint alleges that …
By Beth Hutchens 3 years ago 0

Nike v. YUMS: Covenant Not to Sue Prevents Jurisdiction

The Court went to the actual terms of the Covenant to determine if Nike had met this very tough burden burden. In this case, though, Nike did. …
By Beth Hutchens 3 years ago 0

Zombie Trademarks: Bringing a Trademark Back From The Dead

Unlike patents and copyrights, a trademark can exist in perpetuity so long as it is being used. And a mark has to be used to stay alive. …
By Beth Hutchens 4 years ago 3

Olympic Gymnastics Parody and the 2 Live Crew

Given the fact that the IOC is notoriously litigious, are the WSJ and the Guardian in trouble for their little vignettes? Nah -thanks to the 2 Live Crew. …
By Beth Hutchens 4 years ago 1

U.S. v. Alvarez: Trademark Dilution and the First Amendment

Earlier this week, the United States Supreme Court handed down its opinion on the Stolen Valor Act (18 U.S.C. §§704). This poor little First Amendment case has …
By Beth Hutchens 4 years ago 1

Two of My Favorite Things: Whiskey and Trade Dress

Which brings us to the recent gem of an opinion from the Sixth Circuit. Maker’s Mark has been using red sealing wax on its bourbon bottles …
By Beth Hutchens 4 years ago 1

It’s Pronounced Foo Koo

Each state has its own unique rules pertaining to trade names that are very close, if not identical, to the federal rules. It naturally follows, then, that …
By Beth Hutchens 4 years ago 3

7 Common Misperceptions About Intellectual Property

As an aside, and somewhat related to the boring concept, is the idea that intellectual property practitioners are all basement-dwelling nerds. OK, maybe we’re a little …
By Beth Hutchens 5 years ago 9

Internet Trademark Law 101: Don’t Metatag Me, Bro!

People have been arguing about the Internet since Al Gore invented it (sorry, I just couldn’t resist). One would think this issue would have been well …
By Beth Hutchens 5 years ago 4