Intellectual Property

A Commentary on AI and Patent Law

Artificial intelligence (AI) has been newsworthy in our recent, 24/7 news cycles. Will AI harm us? Will AI eliminate human jobs, or provide shelter, food, and clothing so humans need not work? Some suggest that AI may turn against humans. You can rest easy; we will not go into those issues. Instead, we will focus on intellectual property, and specifically

Read More »

Guarding the Brand: Intellectual Property Challenges in Sports

Athletes and major sports organizations aren’t just participants in a game; they are powerful global brands that capture the hearts and attention of millions. Their influence extends far beyond the field, drawing fans into a world where every game, piece of merchandise and social media interaction matters. With great influence comes great responsibility, especially when it comes to protecting intellectual

Read More »

A (Donut) Hole in U.S. Trademark Enforcement

In the late 1950s – near the tail end of the baby boomer birth year bracket – the USA had just started construction of the nationwide interstate highway system, all telephones had rotary dials, there was no cable/satellite TV, to buy food you went to the grocery store and likely paid cash, and if you needed a prescription drug you

Read More »

Stretching IP: How the Father of Pilates Missed an Opportunity

A cat stretched in a barracks; a prisoner observed this and then developed an invention that left a considerable mark on society. Who was the cat? No one really knows. Who was the prisoner? His name was Joseph Pilates. Sound familiar? Invention creation is intriguing and could be considered situational. For example, consider: (1) a failed experiment occurring in a

Read More »

Brands on the Run: Food Truck Trademarks

Last century, when we were kids and it came to mobile food our choices were limited – there were hot dog pushcarts, the musical ice cream man truck, and maybe an occasional trailer that had been converted into a walk-away diner. In the 1970s, taco trucks started showing up on the West Coast (LA), but it was not until “The

Read More »
Gruyere a Common Name for a Cheese or a Trademark?

Say Cheese! Is Gruyere a Common Name for a Cheese or a Trademark?

This unsettled question has been in dispute since 2015 when two European dairy consortiums – one from Switzerland and one from France – filed an application with the United States Patent and Trademark Office seeking registration of GRUYERE as a “certification mark” for cheese. This filing did not sit well with the International Dairy Foods Association (among others), so they

Read More »
Trademark Registration Perks

Trademark Registration Perks

“With great [brands] comes great responsibility.” — Uncle Ben Parker When it comes to proactive brand protection, the absolute best thing a company can do is to obtain a U.S. trademark registration. Obvious Trademark Registration Benefits Legal presumptions about the mark’s ownership and the owner’s right to use the mark. “Constructive notice” of the mark owner’s rights in that mark

Read More »
trade dress

Trade Dress (Au Naturel)

A request we often receive from clients goes something like this, “I want you to protect all of my IP.” Patent, copyright, and trademark rights are defined by federal statutes, which can make them easier to explain to a client. But what about trade dress? WHAT IS TRADE DRESS AND HOW IS IT PROTECTED? Courts hold that trade dress is

Read More »
Can AI Own Intellectual Property?

Can AI Own Intellectual Property? (AI Did Not Write This Article)

“A computer would deserve to be called intelligent if it could deceive a human into believing that it was human.” – Alan Turing Artificial intelligence (AI) is mentioned so often that it has become ubiquitous. Virtually every news burst and advertisement refers to it. What is AI? The acronym appears to encompass all things run by software, implying there is

Read More »
Trademark Hustles

Trademark Hustles – New Tools in the Trickery Toolbox

“The Engines of Our Ingenuity” is a podcast presented by the University of Houston. Each episode is about four minutes long and conveys a story about how our culture has been shaped by human creativity, not only in terms of technology but also in relation to the arts and ideas. Check out the podcast here. This podcast is all about

Read More »

A Commentary on AI and Patent Law

Artificial intelligence (AI) has been newsworthy in our recent, 24/7 news cycles. Will AI harm us? Will AI eliminate human jobs, or provide shelter, food, and clothing so humans need not work? Some suggest that AI may turn against humans. You can rest easy; we will not go into those issues. Instead, we will focus on intellectual property, and specifically

Read More »

Guarding the Brand: Intellectual Property Challenges in Sports

Athletes and major sports organizations aren’t just participants in a game; they are powerful global brands that capture the hearts and attention of millions. Their influence extends far beyond the field, drawing fans into a world where every game, piece of merchandise and social media interaction matters. With great influence comes great responsibility, especially when it comes to protecting intellectual

Read More »

A (Donut) Hole in U.S. Trademark Enforcement

In the late 1950s – near the tail end of the baby boomer birth year bracket – the USA had just started construction of the nationwide interstate highway system, all telephones had rotary dials, there was no cable/satellite TV, to buy food you went to the grocery store and likely paid cash, and if you needed a prescription drug you

Read More »

Stretching IP: How the Father of Pilates Missed an Opportunity

A cat stretched in a barracks; a prisoner observed this and then developed an invention that left a considerable mark on society. Who was the cat? No one really knows. Who was the prisoner? His name was Joseph Pilates. Sound familiar? Invention creation is intriguing and could be considered situational. For example, consider: (1) a failed experiment occurring in a

Read More »

Brands on the Run: Food Truck Trademarks

Last century, when we were kids and it came to mobile food our choices were limited – there were hot dog pushcarts, the musical ice cream man truck, and maybe an occasional trailer that had been converted into a walk-away diner. In the 1970s, taco trucks started showing up on the West Coast (LA), but it was not until “The

Read More »
Gruyere a Common Name for a Cheese or a Trademark?

Say Cheese! Is Gruyere a Common Name for a Cheese or a Trademark?

This unsettled question has been in dispute since 2015 when two European dairy consortiums – one from Switzerland and one from France – filed an application with the United States Patent and Trademark Office seeking registration of GRUYERE as a “certification mark” for cheese. This filing did not sit well with the International Dairy Foods Association (among others), so they

Read More »
Trademark Registration Perks

Trademark Registration Perks

“With great [brands] comes great responsibility.” — Uncle Ben Parker When it comes to proactive brand protection, the absolute best thing a company can do is to obtain a U.S. trademark registration. Obvious Trademark Registration Benefits Legal presumptions about the mark’s ownership and the owner’s right to use the mark. “Constructive notice” of the mark owner’s rights in that mark

Read More »
trade dress

Trade Dress (Au Naturel)

A request we often receive from clients goes something like this, “I want you to protect all of my IP.” Patent, copyright, and trademark rights are defined by federal statutes, which can make them easier to explain to a client. But what about trade dress? WHAT IS TRADE DRESS AND HOW IS IT PROTECTED? Courts hold that trade dress is

Read More »
Can AI Own Intellectual Property?

Can AI Own Intellectual Property? (AI Did Not Write This Article)

“A computer would deserve to be called intelligent if it could deceive a human into believing that it was human.” – Alan Turing Artificial intelligence (AI) is mentioned so often that it has become ubiquitous. Virtually every news burst and advertisement refers to it. What is AI? The acronym appears to encompass all things run by software, implying there is

Read More »
Trademark Hustles

Trademark Hustles – New Tools in the Trickery Toolbox

“The Engines of Our Ingenuity” is a podcast presented by the University of Houston. Each episode is about four minutes long and conveys a story about how our culture has been shaped by human creativity, not only in terms of technology but also in relation to the arts and ideas. Check out the podcast here. This podcast is all about

Read More »

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