Hyperlinking an Image Copyright infringement

Dear Doc: The most basic feature of the design of the World Wide Web is the hyperlink, which allows a browser to display elements of content stored on a web server. The great power of the Web is that the content need not be stored on the same server that hosts a page. Displaying content […]

Patent Markings

We’ve all seen patent markings on products.  Something like “pat. US 6,568,969” printed, stamped or molded into the product.  Where the product itself can’t be marked, the patent marking can be printed on packaging or a label.  Here’s what the statute says, at 35 USC §287(a): Patentees… may give notice to the public that the [product] is […]

Digital Millennium Copyright Act

 In 1998, the Digital Millennium Copyright Act (DMCA) became law. That year, Chumbawamba’s “Tubthumping” topped the charts, Mark McGwire broke the home run record, Google, Inc. was formed, and smartphones didn’t yet exist. The Web was in its infancy, but online service providers were concerned about their potential liability for hosting users’ content. The DMCA […]

Philly Phanatic Trademark Feud

The Philly Phanatic has been a mainstay of Philadelphia culture since he arrived on our shores in 1978.  But did you know that the Phanatic has been the subject of numerous lawsuits? He’s even been called “the most sued mascot in baseball.”  His most recent lawsuit involves the facts surrounding his birth. It’s a long, convoluted story so we’ll just briefly review the facts […]

TM is for Trademarks

An overlooked aspect of the marijuana legalization movement is its effect upon research and use of psychedelic substances such as psilocybin and LSD. Both substances are now subject of legitimate therapeutic research with renewed interest in potential legalization. Who would have guessed? Now comes along an enterprising entrepreneur and files a trademark application for the term PSILOCYBIN, which is […]