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  3. IP BLAWG

  • 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.

    Read More
  • Web Scraper’s Harvest is a Bumper Crop

    8/2/22

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

    Read More
  • Fixing an Error Doesn’t Fix Patent Infringement

    7/26/22

    In Brief:  A court’s fix of an obvious error in patent claim language can’t be used as a defense to willful patent infringement.

    Read More
  • Pinterest Doesn't Get Pinned for Infringement

    7/19/22

    In Brief: The Digital Millennium Copyright Act’s safe harbor protects Pinterest from copyright infringement for photographs appearing next to ads.

    Read More
  • The® Importance of Being The®

    6/28/22

    In Brief:  “The” can be a trademark.

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  • Patent World and Contract World Collide

    6/21/22

    In Brief:  The first sale of a patent is determined by contract law.

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  • Would Ye Like a Wizard Image Lawsuit?

    6/7/22

    In Brief:   A work that is created for commercial purposes is not protected by the Visual Artists’ Rights Act.

    Read More
  • Brewsky v. Brewsky

    5/24/22

    In Brief:  David’s beer brand wins over Goliath’s beer brand.

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  • One Size Does Not Fit All Trade Secrets

    5/17/22

    In Brief:   The type of trade secret drives reasonable measures of secrecy.

    Read More
  • Oral Agreement = Copyright Infringement Litigation

    5/3/22

    In Brief:  Oral agreements with independent contractors fuel copyright infringement litigation.

    Read More
  • Coming Into Focus

    4/26/22

    In Brief:  Adopting a portion of someone else’s trademark can lead to a likelihood of confusion.

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  • Custody Fight Over Passionate Telenovela

    4/19/22

    In Brief: Too many words in a contract term plus course of dealing can cause a bad breakup.

    Read More
  • Field of Trademark Dreams

    4/12/22

    In Brief:   Hoping your team makes it to World Series isn’t enough for trademark use.

    Read More
  • “Oops” Trade Secret Disclosure

    3/29/22

    In Brief: Obtaining a trade secret by mistake isn’t always misappropriation.

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  • Who’s Got the Cheese?

    3/22/22

    In Brief:   An application for a certification mark was dealt a fatal blow by genericide.

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  • Unicolor Gets a Mulligan from the Supreme Court

    3/8/22

    In Brief:  Messing up on a copyright application can be excused.

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  • The Devil is in the Patent Assignment Details

    3/1/22

    In Brief:  An agreement stipulating the rights in a patent is not a present assignment of a patent.

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  • Decision Sucks for “.sucks”

    2/22/22

    In Brief: A generic top level domain name needs something more to be a trademark.

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  • All the Way Missing

    2/15/22

    In Brief:   It takes some work to prove up a missing copyright assignment.

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  • Certified Delicious

    2/8/22

    In Brief:  Don’t use a trademark that would cause confusion with a certification mark.

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  • Lips Aren’t the Same as Drawing Tools

    2/1/22

    In Brief: Design patents have to stay in their lane.

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  • Non-Sticky Trade Secrets Get Released

    1/25/22

    In Brief:  Identifying a trade secret with specificity is the key to protection.

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  • Fifty Shades of Gray Market Goods

    1/18/22

    In Brief:  The First Sale Doctrine doesn’t always apply to gray market goods.

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  • Copyright Public Domain Class of 2022

    1/11/22

    In Brief:  Each year, a new crop of creative works go into the public domain.

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