Portions of Lanham Act Unconstitutional
The U.S. Supreme Court recently ruled that previously rejected trademark registrations which were refused as being immoral or scandalous violates the First Amendment.
Category: Intellectual Property
Consumer Surveys in Trademark Cases
There are typically only three ways to prove consumer confusion and Consumer Surveys are typically the most helpful.
Intellectual Property Updates
Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections. The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]
Will Artificial Intelligence Impact Inventors and Artists?
Robots as Artists and Inventors Traditional Intellectual Property relies on the notion that humans are the source of innovation and artwork. What happens when a computerized robot becomes an inventor, an author or an artist? What happens when a human uses a computer with artificial intelligence to develop an invention or work of art? Is Read more about Will Artificial Intelligence Impact Inventors and Artists?[…]
Green Light on Apple Class Action Suits
On May 13th, the U.S. Supreme Court, agreed that consumers could participate in Apple Class Action lawsuits based on claims that Apple monopolized the after-market in its sales of iPhone Apps. Apple apparently charges App developers a 30% fee for selling apps through the Appstore. This increased fee caused a higher fee for sellers who Read more about Green Light on Apple Class Action Suits[…]
Intellectual Property Law Update
In today’s intellectual property law update, the USPTO (United States Patent and Trademark Office) announced that their electronic system will again be down for maintenance for the entire weekend. Strike 3 Holdings, a prolific adult movie producer, who filed almost 2,000 copyright infringement lawsuits last year, has seen more of its copyright lawsuits dismissed for Read more about Intellectual Property Law Update[…]
Who wins, Batman or Copyright?
One of my favorite quotes goes something like this, “always be yourself, unless you can be Batman, then be Batman.” Well, when it comes to copyrighting weeds, I would rather be Batman. Copyright Lawsuit In a recent Copyright Case, an artist sued the Batman actor, Val Kilmer, for stealing his golden weeds. Specifically, tumbleweeds. The Read more about Who wins, Batman or Copyright?[…]
101 Series – How to Prepare a Copyright Application
Copyright Registration Since 1978, registering a work of art for copyright protection is no longer required. While a registration is not required, a copyright registration does provide enhanced rights, including the right to collect monetary damages. Under federal law, a timely registered copyright allows the author of the work to collect damages which are provided Read more about 101 Series – How to Prepare a Copyright Application[…]
Block Chain Patent Applications face familiar hurdles
Bitcoin and Block Chains Over the past several years, blockchain and block chain technologies, like Bitcoin and Ethereum have been the latest examples of disruptive technologies. A disruptive technology is a technology which has the potential of shaking up established businesses and forming the basis of brand new innovations. Block Chain is talked about as Read more about Block Chain Patent Applications face familiar hurdles[…]
Flickr Photo Not Fair Use Images
In today’s online world, photographers often promote their work on the internet, using website and social media pages to help generate publicity and interest in their photographs. Some of these websites show amazing photographs which demonstrate the talent of the photographer. However, because these websites are on the internet, potential customers simply copy the images Read more about Flickr Photo Not Fair Use Images[…]