IP BLAWG

Here’s What Happened: Westlaw (owned by Thomson Reuters) gives attorneys handy headnotes and a key system for legal research. The headnotes summarize and organize a judge’s opinion so that an attorney can, at a glance, determine the relevance of a court’s opinion. Thomson Reuters owns the copyrights to the headnotes. Ross Intelligence Inc. used an […]

Here’s What Happened: “Dupes” are products that look and work like a popular item. In the cosmetic industry, dupes can give consumers on a budget access to products that they might not otherwise be able to afford.  Benefit Cosmetics LLC sells mascara using the trademark “Roller Lash” that includes an applicator known as a “Hook […]

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 1929 are now in the public domain. Thousands of works spanning all copyright categories make up the Public Domain Class of 2025. Members […]

Here’s What Happened: Fans of the movie Home Alone 2 may remember the prank Kevin pulled on the hotel staff that ended with the phrase, “Merry Christmas, Ya Filthy Animal”. DT Fashions LLC registered the trademark in 2013. DT’s best-selling products included t-shirts, sweatshirts, and sweaters containing the phrase “Merry Christmas Ya Filthy Animal.” DT […]

Here’s What Happened: Shein Distribution Corp. holds the distinction of being one of the most famous fast fashion brands. Fast fashion is the refuge of those who want to be on the cutting edge of fashion trends but are budget conscious. Fast fashion is cheap and trendy. Fast fashion brands manufacture clothing quickly to take […]

Here’s What Happened: The Digital Millennial Copyright Act (DMCA) prohibits circumventing encryption that protects copyrighted works. This rule applies to the software embedded in retail restaurant equipment such as ovens, freezers and the machine that McDonalds uses to make McFlurrys. In the realm of unintended consequences, repairs require access to the software that runs the […]

Here’s What Happened: Air travel can be very expensive. Sometimes ticket pricing makes sense. Sometimes it doesn’t. For instance, it could be less expensive to fly with a stop or two than to fly directly to your destination. So you’d book a flight with your true destination in the middle and just get off the […]

Here’s What Happened: Beginning in 2004 and over the next 13 years, Propel Fuels, Inc. developed low-carbon renewable fuels. In 2015, Propel went to market with a retail high-blend renewable diesel fuel which targeted the California market. In 2017, Phillips 66 Company wanted to acquire Propel. During the due diligence phase, the parties entered into […]

Here’s What Happened: In 2005, Productos Avicolas del Sur, Inc., (PAS) began selling breaded chicken. PAS used a composite trademark containing the words POLLO PICU combined with a cartoon chicken. Then PAS ran into financial trouble. PAS neglected to file declarations of continued use. So the USPTO cancelled the registration.  In 2011, PAS’s bank froze […]