If one of your electronic car components fails or your cell phone dies, good luck getting it fixed or even diagnosed by a third party. Your auto mechanic may not have the tools to diagnose the problem (and can’t get them) and good luck finding a third party to repair your cell phone. Folks have […]
The National Rifle Association (“NRA”) conjures up many things for many people: gun lobby, gun rights, 2nd Amendment, just to recite a few. It’s name, however, has rarely arisen in the intellectual property context until recently. Here is some background. One of Chicago’s famous public sculptures, “Cloud Gate”, affectionately known as the “Bean”, is an […]
We recently received an inquiry about whether we had expertise in cryptocurrency law. It was the first such inquiry we ever received. We did some research and here are some notes on a subject untouched in our 10 years of writing this newsletter. We’ve all heard about cryptocurrencies such as bitcoin and others, but what […]
In 2013, we wrote about the branding wars between candy bar makers. These disputes are good measure of the boundaries between 3-D trademarks that have acquired distinctiveness (registrable) and those that are functional (not registrable). In 2006, Nestlé was granted trademark rights in the “distinctive” shape of its KitKat bar in various European countries. But […]
We recently wrote about the EU’s new General Data Protection Regulation (“GDPR”) and how it might affect your business operations. You may recall that the main focus of the GDPR is the protection of personal data and digital privacy. If you offer products and services to EU citizens or collect, use, or share personal information […]
Registering an Iconic Smell The distinctive smell of Play-Doh evokes memories of many happy hours of childhood play, those of my children and mine. Perhaps, if you played with the colored “doh,” you probably share similar nostalgia. Hasbro has been making Play-Doh since the 1950’s and its distinct odor is not natural but a fragrance […]
In April 2016, the European Union (“EU”) enacted the General Data Protection Regulation (GDPR). You may ask, I’m a U.S. business so why should I care. It may be obvious but the United States is the EU’s largest trading partner. You may think that Europe is a far away place but any regulation that affects […]
In 2016 Justin Goldman, a photographer, snapped a photograph of NFL quarterback Tom Brady and Boston Celtics president, Danny Ainge, strolling together in the Hamptons. According to reports, the Celtics were at the time attempting to recruit NBA star Kevin Durrant. Goldman uploaded his photograph to Snapchat after which it went viral being posted on […]
Last year our own Dr. Copyright wrote: “Today’s copyright system is broken in some important ways. Because it has poorly defined fair use standards and exclusive rights last so long (thanks to Sonny Bono and the Mickey Mouse Copyright Term Extension Act – 95+ years), a great deal of what we used to think of […]
Marijuana has become big business. We never thought it would happen but now 29 U.S. states and the District of Columbia have legalized medical marijuana and eight states have legalized pot for recreational use. But alas, federal law, still classifies cannabis as a Schedule I controlled substance under the Controlled Substances Act meaning that cannabis […]