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Category Archives: Copyrights

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

Posted in Civil Procedure, Copyrights, Infringement, International, Law Suits

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 beating the game by its own rules.   Like the video games that have progressed since… Continue Reading

Help! Someone Copied My Stuff!

Posted in Copyrights, Fair Use, Infringement

At some point in this digital age, almost every individual or business in the creative space will discover that somebody has copied them. You may see it yourself, or you may get the stomach-dropping “Doesn’t this look an awful lot like…..” e-mail from a friend. It might be that potential client who said your design… Continue Reading

Pass the…Creative Work

Posted in Advertising, Agreements, Copyrights, Famous Marks, Genericide, Idea Protection, Infringement, Law Suits

I laughed when I saw yesterday’s Adweek article about Heinz adopting Don Draper’s “Pass the Heinz” pitch from the hit show “Mad Men.”  Given the lackluster creativity observed from the Super Bowl ads, have we actually reached a point where a creative says “hey remember that Mad Men episode? let’s just do that!” and the… Continue Reading

McCarthy Institute Trademark Seminar 2017

Posted in Advertising, Articles, Branding, Copyrights, Dilution, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed quite a bit here, namely Trademark Disparagement and the First Amendment. The panel to discuss this weighty topic included the… Continue Reading

Who Will Own New Designs in a Jetsons-like Era?

Posted in Agreements, Copyrights, Idea Protection, Patents, Squirrelly Thoughts, USPTO

While on my flight back from speaking on trademarks & the alcohol industry at this year’s CiderCon, I listened to a fascinating TedTalks podcast on advancements in artificial intelligence that you can find here.  Some of the examples of the progress made in robots included the concept of open-ended, non-linear “generative” thinking by advanced AI… Continue Reading

Second Circuit Agrees: Louis Vuitton Can’t Take a Joke

Posted in Branding, Copyrights, Dilution, Fair Use, Famous Marks, Fashion, First Amendment, Infringement, Law Suits, Trademark Bullying

If you’re still looking for holiday gift for that special someone, the Second Circuit has your back. Fresh off the docket, the Second Circuit gave its blessing to My Other Bag’s line of parody canvas tote bags. For additional background, you can read our discussion of the District Court’s grant of summary judgment to the… Continue Reading

Donald Trump is on to Something

Posted in Advertising, Almost Advice, Branding, Copyrights, Dilution, Infringement, Law Suits, Marketing, Social Media, Trademarks

Some credit Donald Trump’s win to his savvy social media presence, including tweeting.  He reached millions of voters and caught the nation’s attention with his tweets.  The courts are now recognizing this phenomenon. In a recent trademark dispute between a DJ and a rapper over the trademark “LOGIC,” the Sixth Circuit recently criticized a district… Continue Reading

Lawsuit Involving IP Protection for a Lamp

Posted in Articles, Civil Procedure, Copyrights, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks

Last week a federal lawsuit was filed in Minnesota by Blu Dot to protect alleged intellectual property rights in the floor lamp shown on the left below. The accused “strikingly and confusingly similar” floor lamp shown on the right below is sold by Canadian Rove Concepts: So, what type of intellectual property do you suppose… Continue Reading

Intellectual Property for President 2016

Posted in Copyrights, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

  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. First, there was a fortuitous discussion of Trump’s brand strength. Next, we looked at a slew of fresh campaign logos beaming with hope and… Continue Reading

Worthwhile Uncomfortable Conversations

Posted in Agreements, Articles, Branding, Contracts, Copyrights, Law Suits, Marketing, Trademarks

Seth Godin wrote this past weekend about joint ownership of creations: “Before you create intellectual property (a book, a song, a patent, the words on a website, a design) with someone else, agree in writing about who owns what, who can exploit it, what happens to the earnings, who can control its destiny.” We couldn’t… Continue Reading

Trans-Pacific Intellectual Property

Posted in Agreements, Copyrights, Fair Use, Idea Protection, Infringement, International, Mixed Bag of Nuts, Non-Traditional Trademarks, Patents, Trademarks

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 most member countries including the United States. Negotiations took place over seven years and resulted in thirty dense chapters of provisions—some of which are… Continue Reading

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

Posted in Copyrights, Idea Protection, Infringement, Law Suits, Loss of Rights, Patents, Technology

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 the tune of over $10 billion. Thomas Ross filed a patent application… Continue Reading

The Price of Fame

Posted in Copyrights, Guest Bloggers, Trademarks

–James Mahoney, Razor’s Edge Communications Mother was a dyed-in-the-wool Boston Bruins fan who knew as much about the local game as any sportscaster. She didn’t quote stats, but she sure knew team and player histories, strengths, weaknesses, strategy and game tactics. And into her nineties, she still called penalties and off-side like a pro. So… Continue Reading

Feyoncé . . . he put a ring on it

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

Beyoncé recently filed suit against a company for trademark infringement based on their use of the term “Feyoncé” on apparel.  They’ve even got this nice mug: It seems pretty clear what they’re going for here. There are a couple of trademark applications pending for FEYONCE and FEYONCE’. Interestingly enough, both have been issued preliminary refusals… Continue Reading

Mine?

Posted in Branding, Copyrights, Fair Use, Law Suits, Technology

Recent developments have brought to the forefront the ongoing debate about what rights, if any, gamers should have or own in their online personas or in the contributions that they make to games through their gameplay contributions (i.e. is the participation by the player an act of “authorship”)? On April 7, 2016, Mike Futter at Game Informer reported that Blizzard… Continue Reading

Nobody Puts Trademark Claims in a Corner (Except when Copyright Law Preempts Them)

Posted in Copyrights, Idea Protection, Infringement, Law Suits, Trademarks

Nostalgia is a big seller these days. Hollywood continues to produce remakes (and remakes of remakes), politicians lament the better days of yesterday, and companies capitalize on feelings of nostalgia in order to make money. It’s not new, but it does seem to be more popular than ever. TD Ameritrade jumped on the Nostalgia Express… Continue Reading

Solid Snake on Ice

Posted in Copyrights, Fair Use, First Amendment, SoapBox

Fans of the Metal Gear Solid franchise received disappointing news earlier this week when Project “Shadow Moses”–an ambitious fan reboot of the original game using Unreal Engine 4–was canceled.  A trailer showing the progress of the project prior to its termination is below: This would have represented a significant improvement from the 1998 original Metal Gear Solid. While… Continue Reading

Social Media and Jurors

Posted in Civil Procedure, Copyrights, Law Suits, Search Engines, Social Media, Social Networking, Technology

Social media impacts every facet of life and is often discussed in DuetsBlog posts. Courts are now having to address social media issues in connection with jurors. A federal judge in California is considering banning the use of social media altogether in a copyright case before him brought by Oracle America, Inc. against Google, Inc…. Continue Reading