Partner
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No Revamping Abandoned Amplifiers Trademark
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One Watermelon Candy is Just Like Another
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Imbedding Is Still OK
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When a Fraud Happens
In Brief: A trademark cannot be cancelled after a fraudulent declaration of incontestability.
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Fork and Knife v. Fork and Knife
In Brief: Using the same elements in a trademark doesn’t automatically create a likelihood of confusion.
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Netflix Mauls the Girl with the Tiger Tattoo
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Doggie Squeaky Toy Has No First Amendment Rights
In Brief: The U.S. Supreme Court held that dog toy parodies are not protected by the First Amendment.
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The Monster in the Room
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Valiant Fight Against the Copyright Act’s Deposit Requirement
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
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Game Software Hacker Meets His Destiny
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Half-Bakked Trademark
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Bringing Home the Patent Bacon
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
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
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
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
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Copyright Makes a Smidge of Room for AI Adjacent Content
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Patented Stylist Has a Wardrobe Malfunction
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Hijacking Yourself
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
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
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
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Stop in the Name of a Patent Assignment
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Banana + Orange + Duct Tape = Art?
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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