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Category Archives: Copyrights

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Posted in Copyrights, First Amendment, Patents, Trademarks

Those of you who occasionally read my posts may have noticed that video games are a hobby and interest of mine.  I have posted on issues involving video games several times. See Executing Noriega, Flash in the Panama, Calling All Gamers.  And as I look back on it now, it appears that I, for a… Continue Reading

Fear and Loathing on the Creative Trail

Posted in Branding, Copyrights, Infringement, Marketing, Mixed Bag of Nuts, Trademarks

– James Mahoney, Razor’s Edge Communications Somebody might steal my ideas. I’ve heard this consistently over the years, including in a few conversations this past month. One was with a woman who wants to market her art as greeting cards, but is certain that the “big” card companies would copy her ideas and elbow her… Continue Reading

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

Posted in Copyrights, Counterfeits, Fair Use, Infringement, Patents, Product Configurations, Technology, Trademarks

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: Thanks to my thoughtful husband and the rapidly increasing availability and affordability of these products, I am the proud new owner of a 3-D printer.  It’s basically been running nonstop… Continue Reading

Will USPTO Director Michelle Lee’s Signature Adorn a SLANTS Certificate of Registration?

Posted in Articles, Branding, Copyrights, Trademarks, TTAB, USPTO

Let’s hope not, for a variety of reasons. In other words, let’s hope the Supreme Court straightens out the unfortunate ruling last week that the federal government is powerless to deny requests to federally register marks on grounds that they consist of or comprise racial slurs or other matter that may disparage persons. The CAFC… Continue Reading

Fair Use’s Jedi Knight

Posted in Copyrights, Mixed Bag of Nuts

This isn’t necessarily new news, but I thought it deserved a post regardless.  Back in late November, Google announced a new policy of pushing back against copyright holders issuing DMCA takedown notices regarding videos which Google believes make “fair use” of copyrighted material.  In Google’s words: We are offering legal support to a handful of… Continue Reading

YouTube Commits to Protecting Fair Use, a Few Cases at a Time

Posted in Copyrights, Fair Use, Infringement, Law Suits, Mixed Bag of Nuts

YouTube announced that it will “offer legal support” to a small set of videos that it thinks are “some of the best examples of fair use on YouTube” and “represent clear fair uses which have been subject to DMCA [Digital Millenium Copyright Act] takedowns.” Many people complain of abuse of the DMCA process and intimidation from… Continue Reading

3D Scanning Jesus in Brazil

Posted in Advertising, Copyrights, Guest Bloggers, Infringement, Mixed Bag of Nuts, Technology, Trademarks

– Derek Mathers, Business Development Manager, Worrell Last week, in the 3D printing class I teach at the University of Minnesota, we discussed the legal and ethical issues surrounding the replication of physical goods and intellectual property. Typically, this conversation involves issues like the increasing availability of 3D printable gun files, replicating secret objects from… Continue Reading

Orwellian Enforcement of Orwellian Copyright?

Posted in Advertising, Copyrights, False Advertising, Infringement, Marketing, Squirrelly Thoughts, Technology

George Orwell’s famous novel 1984 would describe this situation as “doubleplusungood.” Josh Hadley, an internet radio host and a self-described “harsh film critic with no sense of subtlety or tact,” recently met the ire of Orwell’s estate when he used CafePress to create a t-shirt design with the text “1984 Is Already Here” emblazoned over tattered movie posters…. Continue Reading

Unhappy Birthday

Posted in Copyrights

About a month ago, the United States District Court for the Central District of California issued a summary judgment ruling putting a nail in the coffin of one of the most tragically comical copyright claims of all time.  After years of litigation and undoubtedly hundreds of thousands of dollars in legal fees (perhaps more), the… Continue Reading

Content Infringement in the Age of Social Media

Posted in Copyrights, Guest Bloggers, Infringement, Mixed Bag of Nuts, Social Media

– Debbie Laskey, MBA These days, as newspapers and magazines are on the wane, it seems as if anyone who can write has become an online journalist to promote his or her area of expertise. In social media lingo, the title is now known as a “blogger.” According to Wikipedia, “A blogger is a person… Continue Reading

Wanted: Brand Deputies at the MN State Fair

Posted in Articles, Branding, Copyrights, Dilution, Fair Use, Famous Marks, Infringement, Product Packaging, Trademarks

The Minnesota State Fair continues to provide endless blog fodder for those who care about intellectual property. Last week, we wrote about a State Fair vendor concerned about its claimed, but unarticulated “intellectual property.” This week is a good reminder that brand owners have a lot to be concerned about what goes on with their… Continue Reading

No MN State Fair Photos, Pretty Please?

Posted in Articles, Copyrights, Fair Use, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

Well, it is opening day at the 2015 Minnesota State Fair, it was a great day, perfect weather, thank you very much! Happy to see that Lulu’s Public House is going strong, she appears to have some new food items this year, and they look amazing — a Minnesota Wild Rice Benedict Muffin and a… Continue Reading

Tastes Like Chicken, Not a Copyright

Posted in Advertising, Branding, Copyrights, False Advertising, Food, Infringement, Marketing, Taste, Trademarks, USPTO

A common refrain: “There must be a way to protect this idea, either by trademark or copyright.” Regrettably, in many instances, the answer is “none of the above.” Take, for example, the humble chicken sandwich. Late last week, a three-judge panel at the Court of Appeals for the First Circuit upheld a granted motion to dismiss with a holding… Continue Reading

Beme, or BeHBO / BeShowtime / BePayPerView?

Posted in Advertising, Audio, Branding, Copyrights, Fair Use, Marketing, Social Media, Social Networking

It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content. Now that mainstream smartphones allow anyone to capture high definition video, mobile apps in particular have been fertile ground… Continue Reading

Are Trademark Bullies Bringing Plausible Claims?

Posted in Civil Procedure, Copyrights, Fair Use, Guest Bloggers, Infringement, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents, Trademark Bullying, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Intellectual property enforcement continues to make news, and new solutions to curb abusive enforcement – i.e. trademark bullying, patent trolling, and copyright trolling – are being proposed regularly. Central to these solutions is the idea of a “fast-lane” that kicks bad claims to the curb before the bullied… Continue Reading

Med-tech is on its way home: What that means for lawyers and creatives, Part 1

Posted in Branding, Copyrights, Guest Bloggers, Idea Protection, Marketing, Patents, Technology, Trademarks

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD *This is part 1 of a two-part series on the impact of traditional medical devices finding their way to home use. In this post, Jason will introduce the topic and discuss implications for the four types of intellectual property. In the next post, he will… Continue Reading

That Google Image Search Could Result in Trouble

Posted in Almost Advice, Branding, Copyrights, Fair Use, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Technology

One aspect commonly associated with building and maintaining a business is the company website. Establishing an online presence can be an important tool for connecting with customers. While website creation can be a delightful distraction for some and perhaps a frustrating obligation for others, platforms such as WordPress and Squarespace make it relatively simple for… Continue Reading

The Top 10 IP Issues Troubling PR Pros

Posted in Articles, Branding, Copyrights

That was the substance of my talk last Friday in St. Louis at the Public Relations Society of America’s 2015 Midwest District Conference. A great conference, lots of talent in the house. One of the attendees had very high praise, remarking afterwards that it was “the best presentation on IP” she has experienced — “very… Continue Reading

Trademark vs. Copyright: Avoid the HAVOC

Posted in Advertising, Articles, Branding, Copyrights, Famous Marks, Idea Protection, Infringement, Television, Trademarks

I’ve come across yet another college-hoops related trademark dispute — but what’s even more interesting is the way the AP covered the story. It’s a reminder that we IP lawyers can and must dispel any public confusion between the different forms of intellectual property. Shaka Smart, the longtime basketball head coach at Virginia Commonwealth University,… Continue Reading

Britto v. Apple: Utilizing the IP Kitchen Sink

Posted in Advertising, Articles, Branding, Copyrights, Counterfeits, Dilution, Fashion, Infringement, Marketing, Non-Traditional Trademarks, Sight, Trademarks

Can an artist’s particular style of art constitute both copyrightable expression and trade dress? Brazilian artist Romero Britto has filed suit against two artists known as “Craig & Karl” for copyright infringement — and since the artists’ work was featured by Apple, Britto has sued the company as well for trade dress infringement. Britto’s complaint, filed in the… Continue Reading