In Brief:   Abstract ideas for time tracking software are not patentable.

In Brief:  A trademark that is generally known to refer to the use of a controlled substance cannot be federally registered.

In Brief:  The US Supreme Court held that, with some exceptions, US Trademark Law does not reach infringement outside the US.

In Brief:  As January reaches the halfway point and New Years’ resolutions to work out weaken, a trademark case involving a fitness franchise seems appropriate.

In Brief: As we leave 2023 behind, it’s time to acknowledge those who achieved infamy in the world of Intellectual Property.

In Brief:  On January 1 of each year, some copyrighted works fall into the public domain. That means, they are free for use, copying and as a basis for derivative works. Works created before 1928 are now in the public domain. Thousands of works spanning all copyright categories make up the Public Domain Class of 2024. Members of the Public Domain Class of 2024 have cultural significance spanning from the Harlem Renaissance to feminist literature and represent advances in free expression. Here are some notable graduates.

In Brief:  There’s a limit to how many permutations of a word can avoid a likelihood of confusion.

In Brief:  Joint inventorship can be based on designs disclosed during an investment pitch.

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.

The Federal Emergency Management Agency’s (FEMA) “funeral assistance” program will continue to provide benefits for individuals who incurred funeral expenses due to a death caused by COVID-19 through September 20, 2025.

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.