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  2. GCT Blogs
  3. IP BLAWG

  • 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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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • Oral Agreement = Copyright Infringement Litigation

    5/3/22

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

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