The Briefing: Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
The IP Law Blog
by James Kachmar and Scott Hervey
1w ago
Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of “The Briefing.” Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more
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The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover
The IP Law Blog
by Scott Hervey and James Kachmar
2w ago
As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey and James discuss the Ninth Circuit’s opinion on the case in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Read James’ article here ..read more
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USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence
The IP Law Blog
by Eric Caligiuri
2w ago
On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention. The USPTO explained that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity. Thus, patent protection may be sought for inventions for which a natural person provided a significant contribution ..read more
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The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement
The IP Law Blog
by Scott Hervey and Jamie Lincenberg
2w ago
Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here ..read more
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The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
The IP Law Blog
by Scott Hervey and Jamie Lincenberg
3w ago
As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Cases Discussed: Jack Daniels Properties v. VIP Products Rogers v. Grimaldi Punch Bowl v. AJ Press 20th Century Fox Television v. Empire Distribution, Inc ..read more
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Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
The IP Law Blog
by Scott Hervey
1M ago
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press, addressed the interplay between the decision in Jack Daniels and the Rogers test. The Rogers test comes from the 1989 Second Circuit case Rogers v. Grimaldi. The case involved a lawsuit brought by Ginger Rogers over a film entitled “Fred and Ginger,” which was about two Italian cabaret performers who, in their act, emulated the dance routines of Fred Astaire and ..read more
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Important Notice Regarding the Corporate Transparency Act Filing Requirements
The IP Law Blog
by Intellectual Property Group
1M ago
The Corporate Transparency Act (“CTA”), a new federal filing requirement for many business entities, became effective on January 1, 2024.  The CTA was enacted as part of the Anti-Money Laundering Act of 2020 to provide Federal and State enforcement agencies with more comprehensive information about small and shell companies to help control money laundering and terrorist financing activities.  The database of information provided by the CTA Reports will not be available to the general public but will be accessible by Federal and most states’ criminal and financial law enforcement age ..read more
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The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
The IP Law Blog
by Scott Hervey and Jessica Marlow
1M ago
Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more
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The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
The IP Law Blog
by Scott Hervey and Jessica Marlow
1M ago
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.  Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more
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When Is Trade Secret Protection the Right Choice?
The IP Law Blog
by Jo Dale Carothers
1M ago
Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” Copyright protection exists at the time of creation of the artistic or literary work, but before enforcing the rights against an infringer, it is necessary register the work ..read more
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