You can create a great software or Internet invention that is completely novel, unobvious and has utility, but you still may not qualify for a patent.  Why not? Congress enacted 35 USC §101 to identify which inventions are the proper subject for patents.  That section states: Whoever invents or discovers any new and useful process, […]

Trademarks may reside in families.  A family of marks is a group of trademarks that have a recognizable common characteristic.  For example, you may recall that Eastman Kodak owned trademarks for KODACOLOR, KODAMATIC, and KODACHROME, the term “Koda” being the common element of all three trademarks.  A family of marks is established when the purchasing […]

In October 2018 we wrote about Anish Kapoor’s lawsuit against the National Rifle Association (“NRA”) for copyright infringement. You may recall that the NRA published a video called the “Clenched Fist of Truth,” a controversial video about the “liberal insurgency… destroying American Society.” In the video, were fleeting images of various sculptural and architectural works, […]

Dear Doc: What’s “the public domain”? Why should I care? And why is 1923 an important year? Signed, Nothing Better to do Today Than Worry About Obscure Copyright Law Issues   Dear Nothing, &c.:   When the drafters of the US Constitution peered into their famous crystal ball (you know, the one that let them […]

You can make big money selling T-shirts. Visit teespring.com and you’ll get the point. It’s no wonder that we get many inquiries about how to trademark images appearing on T-shirts. Typically, the T-shirt entrepreneur has a great idea for a t-shirt slogan or design and, of course, they want to protect it.  So, the entrepreneur […]

Stryker Corporation sued Zimmer, Inc. for patent infringement.  There was no question whether Zimmer infringed Stryker’s patent – it did.  Zimmer believed Stryker’s patent was invalid and believed that it would prevail in the infringement lawsuit.  Zimmer had good reason to believe that the Stryker patent was invalid.  As a result, Zimmer continued to infringe […]