Impact of Mickey Mouse on public domain. The latest artificial intelligence and intellectual property cases - Thaler lost again. Nirvana Nevermind baby gets day in court. Tolkien estate and more.
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January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history –...more
Copyrights protect creative works. Trademarks protect indicators of source. Can a creative work also act as a trademark? Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a...more
As one of the largest and most iconic entertainment brands in the world, the Walt Disney Company is most readily associated with two things: their main mascot, Mickey Mouse, and the fierce protection of their intellectual...more
In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. This means that the owner has the...more
If you know me well, you know that I am an admitted Disney fanatic. So, you can imagine my initial horror when I heard media rumblings that Disney was losing its copyright to my favorite mouse, Mickey. Upon further...more
Mickey Mouse is one of the most prolific cartoon characters of all time. Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat...more
The Trademark Trial and Appeal Board (TTAB) has reiterated that there is no “strict or bright-line rule against registration of characters.” The case is In re Joseph A. Stallard, 2023 USPQ2d 1009 (TTAB 2023)....more
Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more
Every year on January 1, new works enter the public domain. In 2023, all literary works, musical compositions, and movies first published or released in 1927 entered the public domain in the United States. Earlier works...more
Just Because it’s Published Doesn’t Mean it’s in the Public Domain - Some people think that if something is on the Internet, it’s in the public domain and is fair game to be copied. Not true! Giving the public access to an...more
[co-author: Avanthi Cole] Main Quest - How To Tell ROM From Right - As we review some of the more prominent legal issues that impacted the video game industry this past year and consider what 2022 may have in store,...more
Non-Disclosure Agreements (“NDA”) are customary at the onset of discussions for many commercial transactions, including mergers/acquisitions and joint ventures, and are among the most common agreements that come across a...more
Most of us were thrilled to see the calendar turn to 2021 on January 1, closing the chapter on what was an extremely challenging year around the globe. Now that we are a month into the new year, and the fireworks have faded...more
The January 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the following topics: - The TTAB's affirmation to refuse a mark to distillery Jos. A. Magnus & Co.; - Six trademark and copyright cases...more
Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and...more
In an interesting case pending before the TTAB, law students from the Suffolk University IP and Entrepreneurship Clinic have opposed an application filed by United Trademark Holdings, Inc. to register RAPUNZEL as a trademark...more
In a precedential decision in In re United Trademark Holdings, Inc, Serial 86836082 (June 13 2017), the Trademark Trial and Appeal Board (TTAB) has held that LITTLE MERMAID used in connection with “dolls” in Class 28 is...more
1. Poor Man’s patent/copyright: mail yourself a copy of what you want protected and don’t open it.The sealed information can then be used to prove ownership of the intellectual property contained in it. While this may...more
Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more
Copyright Opinions - Second Circuit Permits Distribution of Cloud-Based Samples, But Declines to Consider “Novel” Cloud Storage Infringement Issue: Smith v. Barnesandnoble.com, LLC, No. 15-3508 (2d Cir. October 6,...more
I am in New York City for the Intellectual Property Owners Association’s (“IPO”) Annual Meeting. I have been to the Annual Meeting before in other cities and had a great time, but was thrilled when I heard that it was going...more
This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more
As a leader of a start-up company, you are probably aware of the importance of protecting your company’s innovative products, services and technologies through patent filings. If you are savvy, you are also aware of the...more
Continuing our primate theme for this month's newsletter, we thought this would be as good a time as any to remind our readers as to the important distinction between copyrighted artistic works, and use of elements from those...more
The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more