Intellectual Property

Wake Forest

Secret Thefts in Sports

Recently a Wake Forest football radio broadcaster (who was previously a Wake Forest football player and assistant coach) was caught providing at least parts of Wake Forest’s game plans to opposing football programs. He had been given access to game plans to better understand, announce, and provide insight to the Wake Forest radio audience during his football broadcasts. We can

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profanity

Patent Profanity

A good rule of thumb for most is to keep profanity out one’s work product (unless you’re a rapper; and then it’s expected). Decorum in the courtroom is important, as well as in our day-to-day interactions. Just as you should not utter certain words in court, it is likewise important not to put them in writing. The same is true

Read More »
kill a patent

How to Kill a Patent

From 1836 (the start of the present patent numbering sequence) to the present, over 9 million patents have been granted by the United States Patent and Trademark Office. Of course, most of those patents are not “active.” Many have “deceased” naturally. Each patent has a lifetime, and until 1995 it was 17 years from the date of grant. Now, a

Read More »
patent infringement

Is All Patent Infringement Willful?

In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits. In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if

Read More »
zombie trademark

Zombie Trademarks: Undead Brands Unearthed

October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”

Read More »
hashtag

Hashtags: Trending Trademarks

“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.

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internet

The Wild West 2.0

The Internet was started by academicians as an information exchange program – a new frontier in communications. Initial users were pioneers; few in number and few rules were needed for conduct. Similarly, western expansion in the United States involved pioneers, specifically mountain men with few rules required to guide these self-sufficient individuals. In each case, as time passed the number

Read More »
invention

Inventing Is A Team Sport

Who owns an invention (and the patent rights to it)? For a business owner seeking product exclusivity, ownership of the intellectual property rights for that product may be quite valuable. In the United States, we start with the premise that initially, the “inventor” owns an invention. However, the product development process from conception to production and then to sale doesn’t

Read More »
Cover Songs Are Copyright Fair Use

A Myth: Cover Songs Are Copyright Fair Use

Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client

Read More »
brands

It’s All About That Brand, ’Bout That Brand (No Trouble)

Effective brands immediately convey impressions to the consumer about that product based on prior experiences with the product, advertising, or word of mouth exchanges (and now, of course, “word of mouth,” ironically – and powerfully – means social media conversations more than actual face-to-face interactions). Accordingly, your client’s brand is the face of that client’s reputation among its consuming public.

Read More »
Wake Forest

Secret Thefts in Sports

Recently a Wake Forest football radio broadcaster (who was previously a Wake Forest football player and assistant coach) was caught providing at least parts of Wake Forest’s game plans to opposing football programs. He had been given access to game plans to better understand, announce, and provide insight to the Wake Forest radio audience during his football broadcasts. We can

Read More »
profanity

Patent Profanity

A good rule of thumb for most is to keep profanity out one’s work product (unless you’re a rapper; and then it’s expected). Decorum in the courtroom is important, as well as in our day-to-day interactions. Just as you should not utter certain words in court, it is likewise important not to put them in writing. The same is true

Read More »
kill a patent

How to Kill a Patent

From 1836 (the start of the present patent numbering sequence) to the present, over 9 million patents have been granted by the United States Patent and Trademark Office. Of course, most of those patents are not “active.” Many have “deceased” naturally. Each patent has a lifetime, and until 1995 it was 17 years from the date of grant. Now, a

Read More »
patent infringement

Is All Patent Infringement Willful?

In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits. In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if

Read More »
zombie trademark

Zombie Trademarks: Undead Brands Unearthed

October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”

Read More »
hashtag

Hashtags: Trending Trademarks

“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.

Read More »
internet

The Wild West 2.0

The Internet was started by academicians as an information exchange program – a new frontier in communications. Initial users were pioneers; few in number and few rules were needed for conduct. Similarly, western expansion in the United States involved pioneers, specifically mountain men with few rules required to guide these self-sufficient individuals. In each case, as time passed the number

Read More »
invention

Inventing Is A Team Sport

Who owns an invention (and the patent rights to it)? For a business owner seeking product exclusivity, ownership of the intellectual property rights for that product may be quite valuable. In the United States, we start with the premise that initially, the “inventor” owns an invention. However, the product development process from conception to production and then to sale doesn’t

Read More »
Cover Songs Are Copyright Fair Use

A Myth: Cover Songs Are Copyright Fair Use

Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client

Read More »
brands

It’s All About That Brand, ’Bout That Brand (No Trouble)

Effective brands immediately convey impressions to the consumer about that product based on prior experiences with the product, advertising, or word of mouth exchanges (and now, of course, “word of mouth,” ironically – and powerfully – means social media conversations more than actual face-to-face interactions). Accordingly, your client’s brand is the face of that client’s reputation among its consuming public.

Read More »

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