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The Slants, The Redskins, and Free Speech for All Parties

This week’s Matal v. Tam (formerly Lee v. Tam) Supreme Court ruling serves as a reminder that free speech is a two-way street. It also suggests the value of a sympathetic litigant, at least in terms of public response....more

Dubious Patent Trolls and a Crowdfunded Infringement Defense

We’ve spent time discussing the patent troll phenomenon in the past. Patent trolls are less pejoratively referred to as non-practicing entities, because they do not make or use the inventions covered by their patents. ...more

Blizzard v. Bossland: Game Over for Video Game Botting?

I’m a rules follower. Going back to the days of the Game Genie—a device that allowed gamers to play Super Mario Bros. with infinite lives or the Legend of Zelda with infinite bombs—I have always preferred the satisfaction of...more

The News is Fake, but the Trademarks are Real

The trademark filings for new political slogans and catchphrases continue. Over the last couple of months, Donald Trump has repeatedly accused various news sources of disseminating “fake news.” As a result, 14 trademark...more

Do I Need a Patent Prior Art Search?

This is a common question among many new inventors. To be patentable, an invention must be novel and non-obvious in view of the “prior art.” Prior art includes prior filed patents, patent applications, and other public...more

Such a Nasty Trademark

After the last presidential debate, the Republican nominee’s “such a nasty woman” utterance led to somewhat of a rallying cry. Within minutes, #Nastywoman was trending across social media, and streaming of Janet Jackson’s...more

Intellectual Property for President 2016

The 2016 Presidential election season has produced moments of strife, humor, shock, and even a little magic. Most importantly, however, this election season has also provided us with plenty of IP fodder....more

Federal Cannabis Laws Don’t Impede Patentability

While the Lanham Act bars the federal registration of trademarks related to illegal goods and services, there is no such prohibition against patenting illegal products or processes. However, the value of such patents is...more

Trans-Pacific Intellectual Property

The Trans-Pacific Partnership (TPP)—a favored talking point among our presidential hopefuls—is an international trade agreement between twelve nations. The agreement was signed earlier this year, but is not yet ratified in...more

A $10 Billion Idea, without a Patent, is just an Idea

Have you ever seen an ad for something and thought to yourself, “Hey, I had that idea years ago!” Some people take that thought a step further. One Florida man claims to have invented the iPhone in 1992, and is suing Apple to...more

Blowing the Whistle on Trade Secrets: Employers Required to Provide Notice of Whistleblower Protections under DTSA

Last month, the federal Defend Trade Secrets Act (DTSA) was signed into law. The DTSA provides remedies for trade secrets misappropriation, including a new federal cause of action, under which private companies can sue for...more

New Protections for Trade Secrets

On Wednesday afternoon this week, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The Act passed unanimously in the Senate and nearly so in the House. The President has been a proponent of the Act and...more

LARPing with Patent Trolls

Live Action Role Playing (LARP or LARPing) usually involves Renaissance Festival worthy costumes, foam medieval weapons, and an intense dedication to not breaking character.  I can’t say I’ve ever had the privilege of...more

Primarily Merely a Drumpf

This presidential election cycle has been nothing if not entertaining. Mr. Trump has been a particular favorite among late night T.V. hosts. In one particular 20-minute monologue, Last Week Tonight host John Oliver...more

Nominative Fair Use, as Illustrated by Colorful Balls

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials....more

Printing Infringement: Are 3-D Printers the Next Napster?

Happy 2016! I hope everyone had a fun and festive new year celebration. As for me, I’ll be spending my three-day weekend tinkering with this...more

A Few Useful Holiday Inventions

One principal requirement for obtaining a utility patent is that the invention be useful. “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful...more

12/28/2015  /  Patents , Utility Patents

Dueling Comic Conventions

My husband and I tried to get tickets to San Diego Comic-Con this year. Tickets are in such high demand, they’re offered for sale through a lottery process. Unfortunately, our number wasn’t drawn this year. Fingers crossed...more

The TAKE YO PANTIES OFF Argument

In appealing the cancellation of six trademarks, the Washington Redskins filed their opening brief in the Fourth Circuit this week. Cancellation of the team’s REDSKINS trademarks was upheld by a federal district court in...more

7 Popular Patent Law Writers to Follow Right Now

A shortlist of JD Supra writers covering the many complex issues of Patent Law and featured here for a number of reasons, including that they recently authored popular work in this realm....more

Rough Landing for Airbus

As if economy airplane seating wasn’t bad enough, Airbus recently filed a patent application for vertically stacked passenger seating. The proposed seating arrangement is intended to make more efficient use of cabin space. ...more

Clouding Up Trade Secret Protections

“The cloud” can refer to a lot of things, and is frequently a misunderstood concept. While cloud computing can encompass a number of Internet-based functions, in its simplest form, “the cloud” merely refers to the use of...more

Internet Loses it Over Google’s New Logo

Google changed its logo this week, and the Internet is not happy about it. In the new design, the name appears in thicker, cleaner letters. Specifically, the new design eliminates serifs—the little tails at the bottom of each...more

9/3/2015  /  Brand , Google , Logos , Social Networks

Personal Branding with the Right to be Forgotten

Everyone has a brand.  Through every interaction and impression we leave in the minds of others, each of us builds on our own personal brand.  In the Internet age, and particularly with the advent of social media, our...more

“Symmetrically Arranged” Buttons: A Patent Win for Nintendo

Nintendo has been making headlines recently. The gaming industry is in mounrning over the unfortunate passing of Nintendo CEO Satoru Iwata last week. Iwata was instrumental in the success of the Nintendo Wii, among other...more

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