YouTube is no stranger to copyright infringement issues.  In 2008, Viacom filed a $1 billion copyright infringement suit against YouTube, claiming that the video site contributed to an explosion of copyright infringement by permitting users to post infringing videos.  The federal district court eventually dismissed Viacom’s action against YouTube on grounds that the Digital Millennium Copyright Act’s (DMCA) safe harbor provisions protected YouTube from liability.  You may recall that we’ve written about the safe harbor provisions of the DMCA in this newsletter.  Under the s ..read more

Dear Doc: I just heard that the Federal Trade Commission (FTC) has effectively outlawed all “non-compete” agreements. What will that mean for businesses that want to protect their competitive advantages? Signed, Every Fatcat, Ever Dear Mr. Large Feline: For many years, companies have forced their employees to sign agreements that restrict where and how they work after leaving the company. For instance, engineers were told that they could not work in the same industry for a period of time. Doctors could not open a practice in the same city as the one in which they formerly treated patients ..read more

Last month, we discussed issues in obtaining a design patent. This month, we look at issues in enforcing the design patent. Remember that utility patents and design patents are separate and distinct and protect different things. A design patent addresses the appearance of something; for example, the appearance of a mousetrap that looks like a piece of cheese.  A utility patent addresses what an invention is and how it works; for example, a mousetrap that plugs the mouse with a .44. Last month, we explained that design patents are pretty easy to obtain because of ..read more

Protecting recipes with the traditional tools of intellectual property is difficult. That’s why so many valuable recipes are maintained by their owners as trade secrets. Thomas English Muffins, Coca-Cola, KFC Fried Chicken, Chartreuse, and Mrs. Fields Chocolate Chip Cookies are a few well-known examples. But that does not deter some people from pushing the envelope of intellectual property protection. Take for example, Ms. Carroll Moore who recently sued her former business partner for stealing (i.e., infringing) recipes from her published recipe book, which she had registered with the U.S. Co ..read more

In 2014, we wrote about copyright litigation involving Mike Tyson’s Maori-inspired facial tattoo. The tattoo artist, Victor Whitmill, sued Warner Brothers Entertainment in an attempt to stop the release of the movie, “Hangover Part II.” in which one of the characters was tattooed in an identical manner to Mike Tyson. Recall that the wearer of a tattoo has no claims to the copyrights in the design unless he or she has specifically obtained an assignment or license from the artist.  More often than not, this does not happen and the artist retains those rights or is free to licens ..read more

Dear Doc: You often write complicated articles about interesting and esoteric matters of intellectual property law. How about something at a more basic level that I can share with my children to help them understand what copyright is all about? Signed, Loco Parentis   Dear Loco (and which among us parents is not loco from time to time?): Sure, I’d be glad to help.  Here goes with the basic Q&A 1. What is copyright? It’s a when the law recognizes that a person owns something that she creates that expresses an idea. This can be words, but it can also be pictures, songs ..read more

Dear Doc: For some time now, we have heard and read that Apple, Inc. has lost its famous ability to innovate. What does that mean, and do you agree? Signed, Your College Friend Who Refuses to Use Any Apple Products, Ever! Dear John: As you know, the Doc bought his first Apple computer in 1979 (and he still has that Apple] [+, and it still works!). He has owned countless Apple products since then, and now uses an iPhone, MacBook Pro, iMac, AppleTV, AirPods, HomePods, Apple Watch, and owns stock in Apple. That said, the Doc also met Apple founders Woz and Jobs (a few times each), and Steve ..read more

As the days grow shorter, it seems that the shorter people  (we call them “kids”) start to want costumes and large bags the size of small dump trucks into which kindly neighbors intent on supporting the local dental association will deposit “treats.”  You may have noticed that some costumes (for example, independent small-business marine entrepreneurs, native American leaders, Wiccans, and the like – political correctness is very important to us attorneys) are relatively inexpensive, while other name-brand Halloween costumes such as Spider-Man®, Batman®, Superman®, any Teenage Mutant ..read more

Designers Take Note – Designs can be too ‘Obvious’ for a Design Patent There are two types of patents* – utility patents and design patents. Utility patents address what something is and how it works.  Design patents address how something looks.  An example of a utility patent is a patent for a better mousetrap with a new way of catching mice.  An example of a design patent is a patent that protects how the mousetrap looks, say, for example, if it resembled a piece of cheese. Today, our topic is design patents. To receive a design patent, a design must be (a) novel and (b ..read more

Remember NFTs (“Non-Fungible Tokens”)? As a reminder, an NFT is a type of digital asset that represents ownership or proof of authenticity of a unique item or piece of content, such as artwork, music, videos, or collectibles, using blockchain technology. Unlike cryptocurrencies like Bitcoin, which are fungible and can be exchanged on a one-to-one basis, NFTs are unique and cannot be exchanged on a like-for-like basis, making each NFT distinct and irreplaceable. In the early 2020s, NFTs were a hugely popular blockchain mechanism for storing digital assets and ensuring the authenticity of ..read more