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  3. IP BLAWG

  • Trademark Application Strikes a Dissonant Cord

    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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  • Liquidated Damages Clause Doesn’t Hold Water

    3/21/23

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

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  • Stop in the Name of a Patent Assignment

    3/14/23

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

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  • Banana + Orange + Duct Tape = Art?

    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
  • Celebrating the Accomplished Life of Miriam Benjamin

    2/28/23

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

    Read More
  • A Universal Truth is Not a Trademark

    2/21/23

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

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  • Art Is In the Eye of the Economists

    2/14/23

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

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  • One Punch is Not Like Another

    2/7/23

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

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  • Patent Royalty Damages Aren’t Just a Matter of Simple Math

    1/24/23

    In Brief: Calculating royalty damages for patent infringement isn’t easy; even against a bratty, no-show defendant.

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  • The 2022 Crippys – The IP Criminals Hall of Fame

    1/17/23

    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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  • Public Domain Class of 2023

    1/10/23

    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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  • Edison and the Santa Claus Movie

    12/20/22

    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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  • No Accounting for Mouthwash Taste

    12/13/22

    In Brief:   Parody is permitted but not always available for registration as a trademark.

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  • Coffee Trademark Case Gets Roasted

    12/6/22

    In Brief:  An unrecorded trademark assignment is as good as no assignment at all.

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  • Mark Me Zero

    11/29/22

    In Brief:  A patent infringer is not liable for damages incurred before notice of plaintiff’s patent rights.

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  • Court Rains on Parade of Termination Rights

    11/8/22

    In Brief:   Copyright termination rights don’t apply to royalty assignments.

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  • Happy Halloween: Writer of “Friday the 13th” Decapitates His Original Agreement

    10/26/22

    In Brief:  An author has a right to terminate a copyright transfer after a certain number of years.

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  • Zombie Trademarks Live

    10/11/22

    In Brief:  Abandoned trademarks may have a life beyond abandonment.

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  • Fair Use Defense Drowns in a Desert Lake

    10/4/22

    In Brief:   A picture is worth a thousand words but using it may not pass the fair use test.

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  • A Thicket of Patents is Not Antitrust

    9/20/22

    In Brief:  Holding a lot of patents that extend the life of an original patent isn’t’ a monopoly.

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  • OMG AAMOF TXT Are Not ©*

    9/13/22

    In Brief: Copyright in fireworks text messages is invalid.

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  • Retailer Gets Caught in the Middle of a CBD Fight

    8/23/22

    In Brief:  Misappropriation of a trade secret requires more than just being in the supply chain.

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  • Spotting a Potty

    8/16/22

    In Brief:   A famous trademark doesn’t have to tolerate a trademark parody.

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  • Eyelash Booster Trademarks Get a Wink and a Nod

    8/9/22

    In Brief:  Competing eyelash booster trademarks don’t create a likelihood of confusion.

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  • Web Scraper’s Harvest is a Bumper Crop

    8/2/22

    In Brief:   Web scraping publically available information isn’t computer fraud.

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