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IP BLAWG
Whether Purple or Orange, It’s Not Fair Use
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
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IP BLAWG
Copyright Makes a Smidge of Room for AI Adjacent Content
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IP BLAWG
Patented Stylist Has a Wardrobe Malfunction
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Benefits Bulletin
New Rules on Retirement Plan Duty to Recover Benefit Overpayments
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
In Brief: Using a different product’s favorable reviews on Amazon can lead to substantial FTC fines.
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Benefits Bulletin
Early End of COVID National Emergency Declared April 10, 2023
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.
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IP BLAWG
Sour Cherry On Top of a Patent
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
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 -
IP BLAWG
Stop in the Name of a Patent Assignment
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IP BLAWG
Banana + Orange + Duct Tape = Art?
In Brief: Can a banana with duct tape infringe on the copyright of a banana and an orange with duct tape?
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IP BLAWG
Celebrating the Accomplished Life of Miriam Benjamin
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
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IP BLAWG
Art Is In the Eye of the Economists
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IP BLAWG
One Punch is Not Like Another
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Benefits Bulletin
New Law Promotes ESOPs and Expands Benefits for S Corporations
Signed into law at the end of 2022, the SECURE 2.0 ACT of 2022 includes provisions that, in general, favor and promote employee ownership through Employee Stock Ownership Plans (ESOPs).
ESOPs have long been favored in legislation on a bipartisan basis, and it seems that entrepreneurs and business owners will be able to count on their availability to use as a unique succession planning tool.
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IP BLAWG
Patent Royalty Damages Aren’t Just a Matter of Simple Math
In Brief: Calculating royalty damages for patent infringement isn’t easy; even against a bratty, no-show defendant.
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IP BLAWG
The 2022 Crippys – The IP Criminals Hall of Fame
In Brief: As we enter awards season, it’s time to acknowledge those who achieved infamy in the world of Intellectual Property.
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IP BLAWG
Public Domain Class of 2023
In Brief: Each year, a new crop of creative works go into the public domain. This year, works created from 1927 go into the public domain. The class motto is “The Best Things in Life are Free".
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IP BLAWG
Edison and the Santa Claus Movie
In 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
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IP BLAWG
Coffee Trademark Case Gets Roasted
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IP BLAWG
Mark Me Zero
In 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