— Jessica Gutierrez Alm, Attorney
Many of us have been eagerly waiting to see whether the Supreme Court would consider Google’s potential genericness.
As Martha explained, the case began in 2012, after petitioners Chris Gillespie and David Elliot attempted to register hundreds of web domains that included the word “Google” together with a variety
— Jessica Gutierrez Alm, Attorney
There is an entire gaming sub-culture developed around watching others play video games. I’m not talking about gathering around the Game Cube in your friend’s basement and passing the only controller. “Let’s Play” videos are game play videos made by players and posted or streamed online. The videos
— Jessica Gutierrez Alm, Attorney
New ideas, creations, and business ventures are often the product of collaboration. If lawyers had their way, a written agreement would precede every creative collaboration. Of course, this is not the case. Collaborators often do not seek advice of counsel, or see the need for an agreement, until after
— Jessica Gutierrez Alm, Attorney
Two Bros are competing over their Bro meal delivery services.
Jamie Giovinazzo is the owner of Eat Clean Bro, LLC, a meal delivery service providing “a convenient service that is designed to bring chef-prepared meals right to your front door.” “Whether you are looking to lose weight, live a
— Jessica Gutierrez Alm, Attorney
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.
Many rallied behind Simon Tam and his rock band, The Slants
— Jessica Gutierrez Alm, Attorney
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. Instead, these non-practicing entities operate by purchasing patents on various technologies, accusing companies of infringing those
— Jessica Gutierrez Alm, Attorney
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
— Jessica Gutierrez Alm, Attorney
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 applications have recently been filed for variations of FAKE NEWS.
The goods and services associated with these
— Jessica Gutierrez Alm, Attorney
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 materials. A patententability search, or prior art search, can give the inventor an idea
— Jessica Gutierrez Alm, Attorney
Fanfiction refers to the art of creating fiction using another author’s characters or universe. I was first introduced to the concept in high school, when a friend began writing Harry Potter fanfiction. (Side note: this is not one of those situations where the “friend” is actually me.) My friend used