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  • The Monster in the Room

    9/26/23

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

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  • Valiant Fight Against the Copyright Act’s Deposit Requirement

    9/20/23

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

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  • Serpent’s Apple in the Trademark Garden

    9/13/23

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

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  • Game Software Hacker Meets His Destiny

    8/15/23

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

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  • Half-Bakked Trademark

    8/8/23

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

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  • Bringing Home the Patent Bacon

    7/26/23

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

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  • Bored Apes Goes Bananas

    7/11/23

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

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  • A Banana Alone is Not the Same as a Banana and an Orange

    6/27/23

    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.

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  • Whether Purple or Orange, It’s Not Fair Use

    5/23/23

    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.

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  • Lizzo Turns a Meme into a Trademark

    5/16/23

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

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  • Copyright Makes a Smidge of Room for AI Adjacent Content

    5/2/23

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

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  • Patented Stylist Has a Wardrobe Malfunction

    4/25/23

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

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  • Hijacking Yourself

    4/18/23

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

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  • Sour Cherry On Top of a Patent

    4/4/23

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

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  • 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 1

    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?

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  • 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.

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  • 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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