All posts by: Lawrence Husick

About Lawrence Husick

Ask Dr. Copyright® About His Opinion

February 20, 2025 Ask Dr. Copyright, Patent

Dear Doc: Every time I read about some new case being decided by the Court of Appeals for the Federal Circuit, I get more confused about what exactly is the patent (or trademark) law that they are using. What gives? Signed,Dazed and Confused Dear D&C: It seems to the Ol’ Doc that over the past […]

Ask Dr. Copyright® About Publicity Rights

January 16, 2025 Ask Dr. Copyright, Copyright

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 […]

Ask Dr. Copyright® About Library Lending

December 19, 2024 Copyright

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. […]

Ask Dr. Copyright® About Privacy

November 21, 2024 Ask Dr. Copyright, Privacy

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 […]

Ask Dr. Copyright® About Clowns

October 17, 2024 Ask Dr. Copyright, Copyright

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 […]

Ask Dr. Copyright® About Coffee

August 22, 2024 Ask Dr. Copyright, Trademark

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 […]

Ask Dr. Copyright® About ‘Surname’ Trademarks

July 25, 2024 Ask Dr. Copyright

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 […]

Ask Dr. Copyright © About Non-Competes

May 16, 2024 contract law

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 […]

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