Speaking of Apple v Samsung, the Supreme Court issued its decision in this long-running litigation about design patents.  To recap, Samsung copied the design of Apple’s iPhone and infringed Apple’s design patents in the process.  There is no question whether the Apple patents are valid – they are.  There is no question whether Samsung infringed […]

Question on a Keyboard

Dear Doc: I understand that it’s sometimes hard to take when someone makes fun of you, but now I have heard that one of the world’s largest brands, LOUIS VUITTON MALLETIER, S.A. (LVMH) (owners of, among other brands, Ardbeg, Belvedere, Bodega Numanthia, Cape Mentelle, Chandon, Chandon Argentina, Chandon Australia, Chandon California, Chandon China, Chandon do Brasil, Château […]

Two years ago we wrote about Floe & Eddie, Inc.’s, attempt to obtain royalties from SiriusXM for performances of the Turtle’s pre-February 1972 sound recordings. Floe & Eddie filed claims in California, New York, and Florida seeking to obtain royalties for performances of their recordings under state common law. You may recall that for pre-February 1972 sound […]

Dennis Crouch in his Patently O blog considers the possible effects of the Trump administration on the patent system, and particularly, the effects of the anti-globalization platform on which Mr. Trump ran.  Mr. Crouch makes the very interesting observation that at its heart the patent system shifts wealth – from competitors and consumers to patent holders.  […]

It’s crazy that a standard tune such as “Happy Birthday” sung by millions worldwide in a multitude of languages could actually be claimed “private property” subject to copyright protection.  Now we learn that another famous song, “We Shall Overcome” is also subject to a copyright dispute. The New York Times has reported extensively on the […]

Question on a Keyboard

Dear Doc: RAH, RAH, REE, KICK ‘EM IN THE KNEE RAH, RAH, RASS, KICK ‘EM IN THE OTHER KNEE!!!!! YAAAAAAYYYYY! GO TEAM!!!!! Uh…oh yeah! I got a question… I know that clothes can’t be protected by registering a copyright in them, but what about all those fancy stripes, circles, and doodads on my little cheerleader […]