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IP BLAWG
Edison and the Santa Claus Movie
Beverly A. Berneman
12/20/22In Brief: Reaching back into IP history, we find that “A Trap for Santa” was at the heart of an IP dispute in the early 1900s.
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IP BLAWG
No Accounting for Mouthwash Taste
Beverly A. Berneman
12/13/22 -
IP BLAWG
Coffee Trademark Case Gets Roasted
Beverly A. Berneman
12/6/22 -
IP BLAWG
Mark Me Zero
Beverly A. Berneman
11/29/22In Brief: A patent infringer is not liable for damages incurred before notice of plaintiff’s patent rights.
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IP BLAWG
Court Rains on Parade of Termination Rights
Beverly A. Berneman
11/8/22 -
IP BLAWG
Happy Halloween: Writer of “Friday the 13th” Decapitates His Original Agreement
Beverly A. Berneman
10/26/22In Brief: An author has a right to terminate a copyright transfer after a certain number of years.
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IP BLAWG
Zombie Trademarks Live
Beverly A. Berneman
10/11/22 -
IP BLAWG
Fair Use Defense Drowns in a Desert Lake
Beverly A. Berneman
10/4/22In Brief: A picture is worth a thousand words but using it may not pass the fair use test.
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IP BLAWG
A Thicket of Patents is Not Antitrust
Beverly A. Berneman
9/20/22In Brief: Holding a lot of patents that extend the life of an original patent isn’t’ a monopoly.
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IP BLAWG
OMG AAMOF TXT Are Not ©*
Beverly A. Berneman
9/13/22 -
IP BLAWG
Retailer Gets Caught in the Middle of a CBD Fight
Beverly A. Berneman
8/23/22In Brief: Misappropriation of a trade secret requires more than just being in the supply chain.
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IP BLAWG
Spotting a Potty
Beverly A. Berneman
8/16/22 -
IP BLAWG
Eyelash Booster Trademarks Get a Wink and a Nod
Beverly A. Berneman
8/9/22 -
Benefits Bulletin
Guidelines for 401(k) Fiduciaries on Mutual Fund Selection
Fiduciaries who handle investments for self-directed 401(k) plans are increasingly exposed to liability for their investment decisions. Those fiduciaries, including employers and individuals charged with investment selection, are being second guessed in court actions for the investment funds they select.
Although the courts are divided, there are some guidelines that plan fiduciaries need to consider when reviewing their plan's mix of mutual funds offered for participant investment.
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IP BLAWG
Web Scraper’s Harvest is a Bumper Crop
Beverly A. Berneman
8/2/22 -
IP BLAWG
Fixing an Error Doesn’t Fix Patent Infringement
Beverly A. Berneman
7/26/22In Brief: A court’s fix of an obvious error in patent claim language can’t be used as a defense to willful patent infringement.
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IP BLAWG
Pinterest Doesn't Get Pinned for Infringement
Beverly A. Berneman
7/19/22In Brief: The Digital Millennium Copyright Act’s safe harbor protects Pinterest from copyright infringement for photographs appearing next to ads.
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IP BLAWG
The® Importance of Being The®
Beverly A. Berneman
6/28/22 -
IP BLAWG
Patent World and Contract World Collide
Beverly A. Berneman
6/21/22 -
IP BLAWG
Would Ye Like a Wizard Image Lawsuit?
Beverly A. Berneman
6/7/22In Brief: A work that is created for commercial purposes is not protected by the Visual Artists’ Rights Act.
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IP BLAWG
Brewsky v. Brewsky
Beverly A. Berneman
5/24/22 -
IP BLAWG
One Size Does Not Fit All Trade Secrets
Beverly A. Berneman
5/17/22 -
IP BLAWG
Oral Agreement = Copyright Infringement Litigation
Beverly A. Berneman
5/3/22In Brief: Oral agreements with independent contractors fuel copyright infringement litigation.
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IP BLAWG
Coming Into Focus
Beverly A. Berneman
4/26/22In Brief: Adopting a portion of someone else’s trademark can lead to a likelihood of confusion.
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IP BLAWG
Custody Fight Over Passionate Telenovela
Beverly A. Berneman
4/19/22In Brief: Too many words in a contract term plus course of dealing can cause a bad breakup.
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