-
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.
Read More -
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.
Read More -
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.
Read More -
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.
Read More -
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.
Read More -
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?
Read More -
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.
Read More -
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.
Read More -
IP BLAWG
Patent Royalty Damages Aren’t Just a Matter of Simple Math
Beverly A. Berneman
1/24/23In Brief: Calculating royalty damages for patent infringement isn’t easy; even against a bratty, no-show defendant.
Read More -
IP BLAWG
The 2022 Crippys – The IP Criminals Hall of Fame
Beverly A. Berneman
1/17/23In Brief: As we enter awards season, it’s time to acknowledge those who achieved infamy in the world of Intellectual Property.
Read More -
IP BLAWG
Public Domain Class of 2023
Beverly A. Berneman
1/10/23In 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".
Read More -
IP BLAWG
Edison and the Santa Claus Movie
Beverly A. Berneman
12/20/22In Brief: Reaching back into IP history, we find that “A Trap for Santa” was at the heart of an IP dispute in the early 1900s.
Read More -
IP BLAWG
No Accounting for Mouthwash Taste
Beverly A. Berneman
12/13/22 -
IP BLAWG
Coffee Trademark Case Gets Roasted
Beverly A. Berneman
12/6/22 -
IP BLAWG
Mark Me Zero
Beverly A. Berneman
11/29/22In Brief: A patent infringer is not liable for damages incurred before notice of plaintiff’s patent rights.
Read More -
IP BLAWG
Court Rains on Parade of Termination Rights
Beverly A. Berneman
11/8/22 -
IP BLAWG
Happy Halloween: Writer of “Friday the 13th” Decapitates His Original Agreement
Beverly A. Berneman
10/26/22In Brief: An author has a right to terminate a copyright transfer after a certain number of years.
Read More