DuetsBlog Collaborations in Creativity & the Law

Jessica Gutierrez Alm

View my professional biography

I wasn’t planning to be a lawyer. At least that was my thinking as I began law school. This degree was going to give me a leg up in my efforts to enter the business world. Lawyers live in the gray — where there’s never a right answer, only possibilities — and the favorite lawyer answer for any seemingly yes-or-no question is: “it depends.” I was an engineer. I enjoyed the absoluteness of knowing that my answer to any problem was correct or incorrect. Despite my resistance to lawyer thinking, at some point along my law school path, I discovered intellectual property. This world allowed me to be an engineer, to revel in mathematics and physics, while still practicing this thing they call the law. Through my newfound joy in IP, I grew to appreciate that there is a place for gray, and to understand that not every question has a correct answer.

When I’m not working, you’ll find me exploring the limits of my creativity in the form of DIY projects for my house. My husband and I recently purchased our first home and there is no limit to the number of HGTV projects I’ll attempt.

Posts by Jessica Gutierrez Alm

The TAKE YO PANTIES OFF Argument

Posted in Famous Marks, First Amendment, Law Suits, Loss of Rights, Mixed Bag of Nuts, Trademarks, TTAB

  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 July.  The marks were deemed “disparaging” under Section 2(a) of the Lanham Act, which denies trademark protection to marks that… Continue Reading

Rough Landing for Airbus

Posted in Branding, Idea Protection, Marketing, Patents, Social Media, USPTO

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.  What’s better than someone’s legs pushing into the back of your chair?   Someone’s legs dangling above your head. The patent application was… Continue Reading

Clouding Up Trade Secret Protections

Posted in Almost Advice, Idea Protection, Loss of Rights, Technology

“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 remote servers for data storage, processing, and management. Usually, the remote servers are hosted by a third party… Continue Reading

Internet Loses it Over Google’s New Logo

Posted in Branding, Marketing, Search Engines, Social Media, Social Networking

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 letter in many fonts, like Times New Roman. The announcement Tuesday, featuring a short animation sequence, revealed… Continue Reading

Personal Branding with the Right to be Forgotten

Posted in Branding, International, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking

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 personal brands are more definable than ever.  Googling anyone but the most stalwart off-the-grid enthusiast will usually… Continue Reading

“Symmetrically Arranged” Buttons: A Patent Win for Nintendo

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Patents, Technology, USPTO

Nintendo has been making headlines recently.  The gaming industry is in mourning over the unfortunate passing of Nintendo CEO Satoru Iwata last week.  Iwata was instrumental in the success of the Nintendo Wii, among other Nintendo creations, and was known for his accessibility to fans. Nintendo was in the news again this week for a… 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

Ford’s Patent Announcement Not so Groundbreaking

Posted in Patents, Technology, USPTO

Last week, a press release announced that Ford would “Open[] [its] Portfolio of Patented Technologies to Competitors to Accelerate Industry-Wide Electrified Vehicle Development.”  Media outlets were quick to report that Ford was joining Tesla in opening its patent portfolio, referencing Tesla’s widely publicized promise last year not to enforce its patents.  But Ford’s announcement is… Continue Reading

Google Wants to Buy Your Patent—To Keep it Away from a [Different] Patent Troll

Posted in Mixed Bag of Nuts, Patents, Technology, USPTO

    Last week, Google announced its new “Patent Purchase Promotion.”  Under this program, for a two-week period, companies and individuals will have an opportunity to offer their patents to Google for purchase for a price determined by the patent owners themselves.  The program is set to run from May 8th through May 22nd of… Continue Reading

Copycat Characters and the Selective Enforcement of IP Rights

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

Spring is here with summer just around the corner. While many are preparing for barbeques and boating, others are finalizing plans and perhaps costumes in preparation for Comic-Con (Comic Book Convention) season. As many know, DC Comics and Marvel Comics are the long-time competitors in comic book publishing. Both companies were started in the 1930s… Continue Reading

Protecting Your Bacon: Patent versus Trade Secret

Posted in Almost Advice, Food, Idea Protection, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents

While, generally speaking, copyright law protects art, and trademark law protects branding, patent and trade secret laws protect information.  In deciding how to best protect proprietary information, innovators and businesses often come to a difficult patent/trade secret crossroads: do we keep this as a trade secret, or apply for a patent application?  However a company… Continue Reading