All posts by: Lawrence Husick

About Lawrence Husick

Dear Doc: I have heard that there is an intellectual property right called the “right to publicity.” What is that and how does it work? Signed, Prime Woman Dear PW: Here is a HYPOTHETICAL that will answer your question about publicity rights… President-Elect Donald Trump will try to sell just about anything he can put his […]

Dear Doc: Digital readers such as the Kindle have become the way that many people borrow books from the public library. It’s like going to the library digitally: you have to wait for a copy to become available, and you can “take it out” for a limited time, after which it disappears from your device. […]

Dear Doc: I know this question is not about intellectual property, but I hear that you’ve been lecturing about privacy recently, and I wonder if you’ve heard about Flock license plate readers and a lawsuit claiming that they violate the Fourth Amendment. Signed, Creeped Out Dear Creeped: Yup! The “Doc” has given lectures at many […]

Dear Doc: What is the strangest form of intellectual property protection you’ve ever run across? Signed,Ronald McD. Dear Ronald: Without a doubt, the most unusual form of protection of an idea or expression is the Clown Egg Register in Wookey Hole, England (the “Register”). The Doc is indebted to David Fagundes and Aaron Perzanowski and […]

Dear Doc: I understand that under United States Trademark Law, you can’t register marks that are “primarily geographically descriptive” as you can in other countries, but you may register “geographic indications” as certification or collective marks. For example, in France, champagne has to actually come from Champagne and Roquefort has to come from Roquefort. The […]

Dear Doc: In the United States, you can register just about any trademark on just about anything. Marks that are not okay in foreign countries (like place names such as “champagne”) are routinely used and registered in the USofA. Why, then, did the Supreme Court nix registration of the mark “Trump Too Small”? Signed,Rube Marko […]

Dear Doc: I just heard that the Federal Trade Commission (FTC) has effectively outlawed all “non-compete” agreements. What will that mean for businesses that want to protect their competitive advantages? Signed,Every Fatcat, Ever Dear Mr. Large Feline: For many years, companies have forced their employees to sign agreements that restrict where and how they work […]

Dear Doc: I’ve heard that politicians who use music at their campaign appearances and in their Internet postings (Tweets, Memes, and other stuff) need to get permission from the music artists, and that sometimes, they don’t. What happens then? Signed,Dazed and Confused   Dear D&C:The basic rule of copyright is that unless use of a […]