IP BLAWG

In Brief: Calculating royalty damages for patent infringement isn’t easy; even against a bratty, no-show defendant. Here’s What Happened: Kanga Care LLC manufactures and sells baby diapers and related products. One of its patented products is a “Rump-a-rooz® One Size Cloth Pocket Diaper”. BumBum Babies LLC, started to sell a pocket diaper too. Kanga Care […]

In Brief:  As we enter awards season, it’s time to acknowledge those who achieved infamy in the world of Intellectual Property.  Here’s What Happened: HONORABLE MENTION GOES TO: Los Angeles, attorneys Elizabeth Yang and Di Li. Yang and Li weren’t accused of or prosecuted for a specific crime. What they did was a wholesale violation […]

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. Here’s What Happened: The facts are convoluted but important. Lynn Goldsmith took some photos of […]

In Brief:  A popular catch phrase can become someone’s trademark. Here’s What Happened: Melissa Viviane Jefferson is better known by her stage name Lizzo. Lizzo’s limited liability company, Lizzo LLC filed several trademark applications for the phrase “100% THAT BITCH” as used for a variety of goods and services, including wearing apparel. The USPTO refused […]

In Brief:  The Copyright Office will register a work that has some AI. Here’s What Happened: In the past, the Copyright Office has refused registration of works created by non-humans. For example, photographer, David Slater, didn’t own the copyright in a selfie taken by a macaque monkey who used David’s camera. The big thing these […]

In Brief:   Automating how to choose an outfit is not patentable subject matter. Here’s What Happened: Stylitics, Inc.’s is an e-commerce platform that allows its commercial website clients to create aggregated shoppable content. Stylitics’ “Auto-Styler” creates collages of merchandise. It automatically generates a plurality of outfits that conform to one or more styles. It gives […]

In Brief:  Using a different product’s favorable reviews on Amazon can lead to substantial FTC fines. Here’s What Happened: The Bountiful Company manufactures and sells vitamins and other supplements. Its brands include Nature’s Bounty and Sundown. Bountiful sells its products on Amazon.com. Amazon’s product pages contain useful information about products such as the total number […]

In Brief:  The date of first disclosure of a patent determines the time period in which an application can be filed. Here’s What Happened: Win-Gen LLC filed an application to reissue an application for a utility patent involving an ornamental pattern on a petunia called the Cherry Star. The effect was generated from “a single […]

In Brief: The method for calculating liquidated damages isn’t simple math. Here’s What Happened: SIS, LLC was about to bid on a project that required certain software packages. To prepare the bid, SIS approached Stoneridge Software, Inc. as a possible subcontractor. SIS and Stoneridge executed a confidentiality agreement, prohibiting any party who receives confidential information […]