Intellectual Property

24Jun 2024

Horror Retail Meets Copyright Law

June 24, 2024 Adam Garson Copyright, Intellectual Property, Trademark

Policing your trademarks is as important as registering them. Policing requires that the trademark and other rights owners monitor the world of commerce to ensure that others are not stealing their intellectual property and, if so, take immediate action against infringers. Many corporations zealously defend their trademark portfolios. Here’s but one example. In a recent article at Wired.com, The […]

06May 2024

Protecting Recipes — A Cooking Lesson in Futility

May 6, 2024 Adam Garson Copyright, Intellectual Property

Protecting recipes with the traditional tools of intellectual property is difficult. That’s why so many valuable recipes are maintained by their owners as trade secrets. Thomas English Muffins, Coca-Cola, KFC Fried Chicken, Chartreuse, and Mrs. Fields Chocolate Chip Cookies are a few well-known examples. But that does not deter some people from pushing the envelope […]

29Apr 2024

Ask Dr. Copyright — He tackles the Basics!

April 29, 2024 Lawrence Husick Ask Dr. Copyright, Copyright, Intellectual Property

Dear Doc: You often write complicated articles about interesting and esoteric matters of intellectual property law. How about something at a more basic level that I can share with my children to help them understand what copyright is all about? Signed, Loco Parentis Dear Loco (and which among us parents is not loco from […]

04Apr 2024

Non-Fungible Tokens Revisited

April 4, 2024 Adam Garson Intellectual Property, Internet Law, Trademark

Remember NFTs (“Non-Fungible Tokens”)? As a reminder, an NFT is a type of digital asset that represents ownership or proof of authenticity of a unique item or piece of content, such as artwork, music, videos, or collectibles, using blockchain technology. Unlike cryptocurrencies like Bitcoin, which are fungible and can be exchanged on a one-to-one basis, NFTs […]

18Mar 2024

APPLE v SAMSUNG – Design Patent Law Moves Closer to Trademark Law

March 18, 2024 Adam Garson Intellectual Property, Patent, Trademark

A ‘design patent’ is a monopoly granted by the government to make, use and sell a product having a particular appearance. Design patents protect how a product looks, not what it does. A person who copies a product protected by a patent, including a product protected by a design patent, will be ordered to stop […]

05Oct 2023

Government Shutdown! – What Happens to My Patent Application?

October 5, 2023 Robert Yarbrough Intellectual Property, Patent

Oh, great. Another government shutdown. The last one lasted 35 days, ending January 25, 2019. Before that, it was February 2018 and, before that, January 2018. We’re about to have the government forcibly closed. Planning on a trip to a national park? Better reconsider. Want to sell your product to the military? Fuhgeddaboudit. What about the […]

14Sep 2023

Cheese and Chips: On the Vanguard of Quality Control

September 14, 2023 Adam Garson Intellectual Property, Trademark

Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, and Roquefort cheese from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State apples, […]

05Jun 2023

Moral Rights and Landlord – Tenant Disputes

In many parts of the world, authors and artists also own “moral rights” in their works. Moral rights include the “right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.” The “right to integrity” means that right to object to the “distortion, or […]

23Apr 2023

Star Trek Copyright – Where No Court Has Gone Before

Two thousand years ago, the Roman historian Tacticus said that “victory is claimed by all, failure to one alone.” Such is the fate of successful creative works, whether they are music, art, or television shows. In recent years, the Star Trek universe has expanded to include several new shows, including the successful Star Trek: Discovery. […]

02Mar 2023

Old News Still True: The Internet is Not Free

March 2, 2023 Adam Garson Intellectual Property, Internet Law

Development and public release of ChatGPT and other artificial intelligence (AI) based chatbots has cast AI into the public spotlight even though it has been a subject of modern academic research since the 1940’s. Over the years, we’ve written several articles on artificial intelligence and intellectual property law. Way back in 2017, we pondered the question of whether a work generated by AI is protected under copyright […]

Intellectual Property

Horror Retail Meets Copyright Law

Protecting Recipes — A Cooking Lesson in Futility

Ask Dr. Copyright — He tackles the Basics!

Non-Fungible Tokens Revisited

APPLE v SAMSUNG – Design Patent Law Moves Closer to Trademark Law

Government Shutdown! – What Happens to My Patent Application?

Cheese and Chips: On the Vanguard of Quality Control

Moral Rights and Landlord – Tenant Disputes

Star Trek Copyright – Where No Court Has Gone Before

Old News Still True: The Internet is Not Free

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