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IP BLAWG
Valiant Fight Against the Copyright Act’s Deposit Requirement
Beverly A. Berneman
9/20/23In Brief: The US Copyright cannot demand the deposit of a physical copy of a work for registration.
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IP BLAWG
Serpent’s Apple in the Trademark Garden
Beverly A. Berneman
9/13/23 -
IP BLAWG
Game Software Hacker Meets His Destiny
Beverly A. Berneman
8/15/23 -
IP BLAWG
Half-Bakked Trademark
Beverly A. Berneman
8/8/23 -
IP BLAWG
Bringing Home the Patent Bacon
Beverly A. Berneman
7/26/23In Brief: A named inventor has to make a significant contribution to the claims in a patent.
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IP BLAWG
Bored Apes Goes Bananas
Beverly A. Berneman
7/11/23In Brief: The unauthorized copying of NFTs results in a judgment for false designation of origin and cybersquatting.
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IP BLAWG
A Banana Alone is Not the Same as a Banana and an Orange
Beverly A. Berneman
6/27/23In 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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Benefits Bulletin
The Pandemic Is Not Over When It Comes To Funeral Assistance Benefits
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.
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IP BLAWG
Whether Purple or Orange, It’s Not Fair Use
Beverly A. Berneman
5/23/23In 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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IP BLAWG
Lizzo Turns a Meme into a Trademark
Beverly A. Berneman
5/16/23 -
IP BLAWG
Copyright Makes a Smidge of Room for AI Adjacent Content
Beverly A. Berneman
5/2/23 -
IP BLAWG
Patented Stylist Has a Wardrobe Malfunction
Beverly A. Berneman
4/25/23 -
Benefits Bulletin
New Rules on Retirement Plan Duty to Recover Benefit Overpayments
The Secure Act 2.0 involves many benefit-related matters including changes to the prior law. The relief offered by this act applies both to affected participants and their beneficiaries as well as the fiduciaries responsible for plan operations, including the employer which sponsors the plan; however, this is not blanket relief.
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IP BLAWG
Hijacking Yourself
Beverly A. Berneman
4/18/23In Brief: Using a different product’s favorable reviews on Amazon can lead to substantial FTC fines.
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Benefits Bulletin
Early End of COVID National Emergency Declared April 10, 2023
President Biden signed a resolution terminating the COVID National Emergency as of April 10, 2023, which will leave plan sponsors and their advisors one month less time to adjust their documents and practices relating to certain provisions.
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IP BLAWG
Sour Cherry On Top of a Patent
Beverly A. Berneman
4/4/23In Brief: The date of first disclosure of a patent determines the time period in which an application can be filed.
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IP BLAWG
Trademark Application Strikes a Dissonant Cord
Beverly A. Berneman
3/28/23In Brief: The identification of goods and services in a trademark application isn’t as easy as it might look.
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IP BLAWG
Liquidated Damages Clause Doesn’t Hold Water
Beverly A. Berneman
3/21/23 -
IP BLAWG
Stop in the Name of a Patent Assignment
Beverly A. Berneman
3/14/23 -
IP BLAWG
Banana + Orange + Duct Tape = Art?
Beverly A. Berneman
3/7/23In Brief: Can a banana with duct tape infringe on the copyright of a banana and an orange with duct tape?
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IP BLAWG
Celebrating the Accomplished Life of Miriam Benjamin
Beverly A. Berneman
2/28/23In Brief: To mark the conclusion of Black History Month 2023, we celebrate the remarkable Miriam Benjamin.
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IP BLAWG
A Universal Truth is Not a Trademark
Beverly A. Berneman
2/21/23 -
IP BLAWG
Art Is In the Eye of the Economists
Beverly A. Berneman
2/14/23 -
IP BLAWG
One Punch is Not Like Another
Beverly A. Berneman
2/7/23 -
Benefits Bulletin
New Law Promotes ESOPs and Expands Benefits for S Corporations
Signed into law at the end of 2022, the SECURE 2.0 ACT of 2022 includes provisions that, in general, favor and promote employee ownership through Employee Stock Ownership Plans (ESOPs).
ESOPs have long been favored in legislation on a bipartisan basis, and it seems that entrepreneurs and business owners will be able to count on their availability to use as a unique succession planning tool.
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