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  2. GCT Blogs

  • IP BLAWG

    The Monster in the Room

    Beverly A. Berneman
    9/26/23

    In Brief:  Monster Energy couldn’t stop a Mad Monster Party.

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  • IP BLAWG

    Valiant Fight Against the Copyright Act’s Deposit Requirement

    Beverly A. Berneman
    9/20/23

    In Brief:  The US Copyright cannot demand the deposit of a physical copy of a work for registration.

    Read More
  • IP BLAWG

    Serpent’s Apple in the Trademark Garden

    Beverly A. Berneman
    9/13/23

    In Brief:  Tacking is a very limited way to extend the protection of a trademark.

    Read More
  • IP BLAWG

    Game Software Hacker Meets His Destiny

    Beverly A. Berneman
    8/15/23

    In Brief:   Hacks to cheat on popular video games results in massive damages.

    Read More
  • IP BLAWG

    Half-Bakked Trademark

    Beverly A. Berneman
    8/8/23

    In Brief:   No federal protection for trademarks related to ingesting a banned substance.

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  • IP BLAWG

    Bringing Home the Patent Bacon

    Beverly A. Berneman
    7/26/23

    In Brief:  A named inventor has to make a significant contribution to the claims in a patent.

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  • IP BLAWG

    Bored Apes Goes Bananas

    Beverly A. Berneman
    7/11/23

    In Brief:  The unauthorized copying of NFTs results in a judgment for false designation of origin and cybersquatting.

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  • IP BLAWG

    A Banana Alone is Not the Same as a Banana and an Orange

    Beverly A. Berneman
    6/27/23

    In Brief:   Following up on this blog’s post of 3/7/23, the court ruled that a banana does not infringe a banana and an orange.

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  • Benefits Bulletin

    The Pandemic Is Not Over When It Comes To Funeral Assistance Benefits

    Andrew S. Williams
    6/15/23

    The Federal Emergency Management Agency’s (FEMA) “funeral assistance” program will continue to provide benefits for individuals who incurred funeral expenses due to a death caused by COVID-19 through September 20, 2025.

    Read More
  • IP BLAWG

    Whether Purple or Orange, It’s Not Fair Use

    Beverly A. Berneman
    5/23/23

    In Brief:  The case of the Andy Warhol Foundation and Lynn Goldsmith regarding photos of Prince has been kicking around the courts and this blog for 4 years. The Supreme Court has spoken holding that there was no fair use.

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  • IP BLAWG

    Lizzo Turns a Meme into a Trademark

    Beverly A. Berneman
    5/16/23

    In Brief:  A popular catch phrase can become someone’s trademark.

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  • IP BLAWG

    Copyright Makes a Smidge of Room for AI Adjacent Content

    Beverly A. Berneman
    5/2/23

    In Brief:  The Copyright Office will register a work that has some AI.

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  • IP BLAWG

    Patented Stylist Has a Wardrobe Malfunction

    Beverly A. Berneman
    4/25/23

    In Brief:   Automating how to choose an outfit is not patentable subject matter.

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  • Benefits Bulletin

    New Rules on Retirement Plan Duty to Recover Benefit Overpayments

    Andrew S. Williams
    4/25/23

    The Secure Act 2.0 involves many benefit-related matters including changes to the prior law. The relief offered by this act applies both to affected participants and their beneficiaries as well as the fiduciaries responsible for plan operations, including the employer which sponsors the plan; however, this is not blanket relief.

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  • IP BLAWG

    Hijacking Yourself

    Beverly A. Berneman
    4/18/23

    In Brief:  Using a different product’s favorable reviews on Amazon can lead to substantial FTC fines.

    Read More
  • Benefits Bulletin

    Early End of COVID National Emergency Declared April 10, 2023

    Andrew S. Williams
    4/17/23

    President Biden signed a resolution terminating the COVID National Emergency as of April 10, 2023, which will leave plan sponsors and their advisors one month less time to adjust their documents and practices relating to certain provisions.

    Read More
  • IP BLAWG

    Sour Cherry On Top of a Patent

    Beverly A. Berneman
    4/4/23

    In Brief:  The date of first disclosure of a patent determines the time period in which an application can be filed.

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  • IP BLAWG

    Trademark Application Strikes a Dissonant Cord

    Beverly A. Berneman
    3/28/23

    In Brief:  The identification of goods and services in a trademark application isn’t as easy as it might look.

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  • IP BLAWG

    Liquidated Damages Clause Doesn’t Hold Water

    Beverly A. Berneman
    3/21/23 1

    In Brief: The method for calculating liquidated damages isn’t simple math.

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  • IP BLAWG

    Stop in the Name of a Patent Assignment

    Beverly A. Berneman
    3/14/23

    In Brief: An inventor can’t claim their invention is invalid after an assignment.

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  • IP BLAWG

    Banana + Orange + Duct Tape = Art?

    Beverly A. Berneman
    3/7/23

    In Brief: Can a banana with duct tape infringe on the copyright of a banana and an orange with duct tape?

    Read More
  • IP BLAWG

    Celebrating the Accomplished Life of Miriam Benjamin

    Beverly A. Berneman
    2/28/23

    In Brief:  To mark the conclusion of Black History Month 2023, we celebrate the remarkable Miriam Benjamin.

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  • IP BLAWG

    A Universal Truth is Not a Trademark

    Beverly A. Berneman
    2/21/23

    In Brief:  The USPTO refused to register “Assholes Live Forever” as a trademark.

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  • IP BLAWG

    Art Is In the Eye of the Economists

    Beverly A. Berneman
    2/14/23

    In Brief:   Hermes stopped an artist from using its Birkin bags in NFTs.

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  • IP BLAWG

    One Punch is Not Like Another

    Beverly A. Berneman
    2/7/23

    In Brief:  The use of a word for an expressive work is not trademark infringement.

    Read More
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