Intellectual Property Law Updates

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[…]

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[…]

Caution – Cease and Desist Letter

As the owner of intellectual property (a patent, copyright or trademark), you have invested significant time, energy and resources into protecting your patent, copyright or trademark.  What do you do if you find someone is violating your patent rights, for example?  Do you file a lawsuit immediately?  Do you contact the police?  Do you contact Read more about Caution – Cease and Desist Letter[…]

Copyright Cartoon Images

CARTOON CHARACTERS Cartoon characters are everywhere these days. In movies, video games, television, software, toys, blankets, food, beverages and clothing just to mention a few. Many of these are based on a fictional character which was originally created as part of a graphic work like a comic book. From a value perspective, these characters are Read more about Copyright Cartoon Images[…]

Copyright Registration Required

U.S. Supreme Court The Supreme Court of the United States ruled that Copyright Registrations are required prior to filing a Copyright Infringement lawsuit in Fourth Estate Public Benefit Corp. v. Wall-street.com, LLC, No. 17-571, 586 U.S. ___ (March 4, 2019). This settles the division between the circuits in which some courts allowed an infringement action Read more about Copyright Registration Required[…]