Intellectual Property Law

Are software patents about to make a comeback? Revised guidance may do just that

Revised rules from the U.S. Patent and Trade Office could bolster software patents. Published in early January, the rules would affect subject matter eligibility for patents under 35 USC § 101, which determines whether a product or process is abstract and, thus, not patentable. The updates enumerate what is abstract,…

Jan 11, 2019 4:53 PM CST

SCOTUS to decide whether ban on ‘scandalous’ trademarks is constitutional

The U.S. Supreme Court on Friday agreed to decide whether the Lanham Act’s ban on “immoral” and “scandalous” trademarks violates the First Amendment. The challenge was filed by a clothing brand that was denied a trademark for an unusual spelling of the F-word, report Bloomberg News, the Washington Post, Law.com…

Jan 7, 2019 9:18 AM CST

Maker of Pooey Puitton toy purses asks federal court to find there is no Louis Vuitton infringement

The maker of Bratz dolls is opening up a new litigation front in a lawsuit seeking to establish that its Pooey Puitton toy purses don’t infringe the intellectual property rights of luxury handbag maker Louis Vuitton. Toy maker MGA Entertainment sought a declaratory judgment in a lawsuit filed on Dec.…

Jan 3, 2019 10:30 AM CST

Who owns the copyright to a crocheted bikini? Legal battle waged by Kiini maker takes a turn

The woman who took the fashion world by storm with a crocheted bikini called the Kiini fought retailers that sold different versions of the swimwear with lawsuits. She reportedly had $9 million in sales by 2015.

Jan 2, 2019 12:35 PM CST

Robert Frost poem and other 1923 works enter the public domain

As of Jan. 1, you are able reproduce the Robert Frost poem Stopping by Woods on a Snowy Evening without fear of copyright infringement.

Jan 2, 2019 6:00 AM CST

Lawyers look for the next blockbuster as literary agents

Lawyers who switched careers to represent authors are looking for the next blockbuster—and loving it. Their legal training helped them turn the page in a challenging profession.

Jan 1, 2019 12:15 AM CST

Ruling on dental photographs takes a bite out of copyright protections

A U.S. district judge in Florida ruled in June that a dentist’s before-and-after photos didn’t contain enough of a “creative spark” to merit protection. Some lawyers worry the decision, which is being appealed, could have detrimental effects on other images used in advertising.

Dec 1, 2018 2:10 AM CST

Acting AG Whitaker backed patent marketing company even as he fielded angry complaints, papers show

Corrected: Acting Attorney General Matthew Whitaker had backed a patent marketing company as a paid advisory board member even as he fielded complaints from angry consumers who complained they had been scammed. Whitaker began hearing complaints months after joining the board of World Patent Marketing in October 2014, according to…

Nov 30, 2018 2:57 PM CST

Girl Scouts file trademark lawsuit against Boy Scouts

A year after the Boy Scouts of America decided in 2017 to start admitting girls, the Girl Scouts of the United States of America have sued over what it says is a national consumer confusion problem with the two organizations’ trademarks.

Nov 7, 2018 9:45 AM CST

Can recording artists stop Trump from playing their music at rallies? Legal theories are untested

Rihanna and Pharrell Williams are among the recording artists who have objected to President Donald Trump using their songs at rallies. Can they stop the music? The Washington Post takes a look at the question and legal avenues the artists can take to block Trump or other candidates from playing…

Nov 6, 2018 8:15 AM CST

HBO responds to Trump tweet: ‘How do you say trademark misuse in Dothraki?’

President Donald Trump was warning Iran about U.S. sanctions when he posted a tweet on Friday, but it was HBO that publicly took umbrage. Trump tweeted: “Sanctions are Coming, November 5” in a message written over a photo of the president looking stern. The message used a font similar to…

Nov 2, 2018 4:08 PM CDT

Cybersquatters have taken advantage of BigLaw mergers to beat those firms to the trademark registry

Chinese copycats have long bedeviled popular brands in fashion and consumer products, but cybersquatters in China now target major global law firms–registering names, especially well-known brand or company names, as internet domains, with the hope of reselling them for a profit.

Nov 1, 2018 12:30 AM CDT

Fastcase can bring copyright suit against Casemaker, 11th Circuit rules

Legal research company Fastcase can bring a suit against rival company Casemaker regarding the latter’s claims of control over Georgia’s administrative regulations, ruled the 11th U.S. Circuit Court of Appeals at Atlanta. The appeal, decided Monday, stemmed from two previously unsuccessful lawsuits brought by Fastcase against Casemaker, which is owned…

Oct 30, 2018 2:20 PM CDT

Florida lawyer who uses ‘Ever Argued With a Woman?’ slogan sues law firm for alleged infringement

Bartow, Florida, lawyer Melissa Wilson uses the slogan “Ever Argued With a Woman?” and she is not afraid to argue about it. In a federal suit filed Tuesday, Wilson claims San Antonio lawyer Heather Tessmer of San Antonio and her Tessmer Law Firm are infringing her trademark by using a…

Oct 12, 2018 1:15 PM CDT

Physician calling himself ‘the real Dr. Joshi’ sues indicted doctor with the same name

A Chicago-area pain management physician, dubbed “the real Dr. Joshi,” has filed suit against a physician with the same name who pleaded guilty in July to illegally distributing opioid medications. The federal lawsuit describes Dr. Jay K. Joshi as an “imitator” who, upon realizing that he shared the same first…

Sep 25, 2018 12:59 PM CDT