• Benefits Bulletin

    Do You Need Fiduciary Liability Insurance?

    Andrew S. Williams
    7/10/25

    Senior counsel Andrew Williams offers a cautionary anecdote about the mismanagement of employee 401(k) investment plans and the liability that could potentially fall on employers and plan administrators who do not have fiduciary liability insurance.

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  • IP BLAWG

    How to Train Your AI

    Beverly A. Berneman
    7/8/25

    In Brief: Using copyrighted works to train AI can be fair use.

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  • IP BLAWG

    Uncle Same Wants a Trademark

    Beverly A. Berneman
    7/2/25

    In Brief:  Iconic imagery can be used in a trademark.

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  • IP BLAWG

    A Prop is Not a Character

    Beverly A. Berneman
    6/24/25

    In Brief: A prop is not the proper subject matter for copyright protection.

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  • IP BLAWG

    An LGBTQ+ Trademark Ahead of its Time

    Beverly A. Berneman
    6/10/25

    In Brief: Timing is everything when it comes to the protection of a trademark.

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  • IP BLAWG

    Throwing Stones in a Trademark Glass House

    Beverly A. Berneman
    5/13/25

    In Brief: Opposing registration of a trademark can put your trademark in jeopardy.

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  • IP BLAWG

    What Trade Secret?

    Beverly A. Berneman
    4/29/25

    In Brief: Do not depend on the court to find your trade secrets. Beverly Berneman’s blog discusses protecting trade secrets after an employee leaves to work for a creditor.

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  • IP BLAWG

    Deceptive Deepfakes Can Result in Jail Time

    Beverly A. Berneman
    4/15/25

    In Brief: Beverly Berneman's blog discusses legislation to the creation and dissemination of deceptive deepfakes.

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  • IP BLAWG

    Smoke Gets in Your Pipe

    Beverly A. Berneman
    4/1/25

    In Brief:  Patent eligibility depends on whether the invention is “new”.

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  • IP BLAWG

    Access Derailed

    Beverly A. Berneman
    3/18/25

    In Brief: In a copyright infringement case, the plaintiff has to prove that the defendant had access to the plaintiff's work.

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  • IP BLAWG

    The Wrong Damages Bucket

    Beverly A. Berneman
    3/4/25

    In Brief: A trademark infringement plaintiff can only recover damages from a named defendant.

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  • IP BLAWG

    AI is No Excuse

    Beverly A. Berneman
    2/18/25

    In Brief: A legal research company committed copyright infringement by using an artificial intelligence training model to capture a competitor's materials.

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  • IP BLAWG

    Lashing Out at Dupes

    Beverly A. Berneman
    1/21/25

    In Brief: A dupe trademark may not cause a likelihood of confusion.

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  • IP BLAWG

    Celebrating Public Domain Day January 1, 2025

    Beverly A. Berneman
    1/6/25

    In Brief: Beverly Berneman's blog celebrates the Public Domain Class of 2025.

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  • IP BLAWG

    Not So Glad Christmas Tidings for Ya Filthy Animal

    Beverly A. Berneman
    12/17/24

    In Brief: An attempt to hijack a trademark and ugly Christmas sweater design failed.

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  • IP BLAWG

    Fast Fashion Meets RICO

    Beverly A. Berneman
    12/9/24

    In Brief: Systematic and organized copyright infringement is a predicate act for a racketeering lawsuit.

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  • IP BLAWG

    McFreedom for the McFlurry Machine

    Beverly A. Berneman
    11/19/24

    In Brief: The Copyright Office creates an exemption to the DMCA for the repair of retail restaurant equipment.

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  • IP BLAWG

    Tripped Up

    Beverly A. Berneman
    11/12/24

    In Brief: Using an airline's graphic without permission is copyright infringement.

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  • IP BLAWG

    Trade Secret Suitor Gone Bad

    Beverly A. Berneman
    10/22/24

    In Brief: A company cannot set up a new business using misappropriated trade secrets that were disclosed during acquisition negotiations.

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  • IP BLAWG

    Plucking an Abandoned Trademark

    Beverly A. Berneman
    10/15/24

    In Brief: A trademark owner cannot rely on its own failures to excuse abandonment.

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  • Benefits Bulletin

    An ESOP: The Other Succession Solution

    Andrew S. Williams
    10/10/24

    Planning ahead is an essential part of life. But what can that look like for your business and retirement? For some, it's a succession plan. For others, an Employee Stock Ownership Plan (ESOP) might be a better option. Andrew Williams demonstrates why an ESOP could work better for you and how it can keep your legacy around.

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  • IP BLAWG

    Wrong Lane

    Beverly A. Berneman
    10/9/24

    In Brief: Wrong description of services resulted in refusal to register a trademark.

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  • IP BLAWG

    Copyright Ghost from Campaign Past

    Beverly A. Berneman
    10/1/24

    In Brief:  Copyright Infringement includes the retweet of a video using a song without permission.

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  • IP BLAWG

    Not a Shoe in for Prior Art

    Beverly A. Berneman
    9/24/24

    In Brief:  Beverly Berneman's blog discusses prior art and patent invalidity. A website screen shot of a similar product does not prove invalidity of a patent.

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  • IP BLAWG

    Liberating a Trademark

    Beverly A. Berneman
    9/17/24

    In Brief:  A political party can protect its name as a trademark without violating the First Amendment.

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