In Brief: When manufacturing stops, cancellation of a trademark is not far behind.

In Brief:  Trade dress protection is not available for functional elements of a product.

In Brief: Third party websites can imbed photos and avoid copyright infringement.

In Brief:  A trademark cannot be cancelled after a fraudulent declaration of incontestability.

In Brief:  Using the same elements in a trademark doesn’t automatically create a likelihood of confusion.

In Brief:  Fleeting use of a creative work for the purposes of commentary is fair use.

In Brief:  The U.S. Supreme Court held that dog toy parodies are not protected by the First Amendment.

In Brief:  Monster Energy couldn’t stop a Mad Monster Party.

In Brief:  The US Copyright cannot demand the deposit of a physical copy of a work for registration.

In Brief:  Tacking is a very limited way to extend the protection of a trademark.

In Brief:   Hacks to cheat on popular video games results in massive damages.

In Brief:   No federal protection for trademarks related to ingesting a banned substance.

In Brief:  A named inventor has to make a significant contribution to the claims in a patent.

In Brief:  The unauthorized copying of NFTs results in a judgment for false designation of origin and cybersquatting.

In Brief:   Following up on this blog’s post of 3/7/23, the court ruled that a banana does not infringe a banana and an orange.

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.

In Brief:  A popular catch phrase can become someone’s trademark.

In Brief:  The Copyright Office will register a work that has some AI.

In Brief:   Automating how to choose an outfit is not patentable subject matter.

In Brief:  Using a different product’s favorable reviews on Amazon can lead to substantial FTC fines.

In Brief:  The date of first disclosure of a patent determines the time period in which an application can be filed.

In Brief:  The identification of goods and services in a trademark application isn’t as easy as it might look.

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

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

In Brief: Can a banana with duct tape infringe on the copyright of a banana and an orange with duct tape?