2024

In Brief:  US Supreme Court determines when a governmental official cannot bar free speech on social media.  Here’s What Happened:   James Freed, like countless other Americans, created a private Facebook profile sometime before 2008. He eventually converted his profile to a public “page,” meaning that anyone could see and comment on his posts. In […]

In Brief:   A Creative Commons license is enforceable just like any other license. Here’s What Happened:   Larry Philpot, a professional photographer, photographed Ted Nugent at a concert in July 2013. In August 2013, Larry registered the photograph with the US Copyright Office. He published the photograph on Wiki Commons under a Creative Commons License. […]

In Brief:  Google’s use of framing in its search results is a copyright issue. Here’s What Happened:   Best Carpet Values, Inc. brought a class action suit against Google. Google’s search results for Best Carpet Value on an Android phone were displayed in a frame. The frame included links to websites owned by Best Carpet’s […]

In Brief:  Love is in the air as inventors tackle Valentine’s Day. Here’s What Happened:   On October 20, 1908, the USPTO issued a patent to Harry Richter of Omaha, Nebraska for his innovative Valentine’s Day box. The box allowed the romantic swains of the day to present their Valentine with a combination of candy […]

In Brief:   Abstract ideas for time tracking software are not patentable. Here’s What Happened:   Realtime Tracker Inc. holds a patent for “Realtime Billable Timekeeper Method, System and Apparatus,” which it described as a “novel computer system, operation and function” for tracking billable hours for professionals in client service fields. Realtime brought suit against RELX, […]

In Brief:  A trademark that is generally known to refer to the use of a controlled substance cannot be federally registered. Here’s What Happened:   Various versions of “4:20” is cannabis culture slang for the cocktail hour for marijuana and hashish consumption. Because marijuana is illegal at the federal level under the Controlled Substances Act, […]

In Brief:  The US Supreme Court held that, with some exceptions, US Trademark Law does not reach infringement outside the US. Here’s What Happened:   Hetronic International, Inc. manufactures remote controls for construction equipment that uses the combination of black and yellow colors. Hetronic sued Abitron Austria GmbH and five other companies for trademark infringement. […]

In Brief:  As January reaches the halfway point and New Years’ resolutions to work out weaken, a trademark case involving a fitness franchise seems appropriate. Here’s What Happened:   F-19 Holdings, LLC and F19 Franchising, LLC have used their “Fitness 19” mark for fitness services since 2002. F19 started franchising its gyms in about 2008. […]

In Brief: As we leave 2023 behind, it’s time to acknowledge those who achieved infamy in the world of Intellectual Property. HONORABLE MENTION GOES TO: The People’s Republic of China. According to a press release in August 2023, China’s Supreme People’s Procuratorate prosecuted 11,675 people for Intellectual Property crimes in the first half of 2023. […]