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

Dear Doc: How can a person tell if one stuffed toy infringes the intellectual property rights in another stuffed toy?  Asking for a friend. Signed, J. Sinestvet Dear J: When the Doc was about to graduate from law school, he was interviewed for a job at a prominent Philadelphia patent law firm. The Doc has a degree in chemistry, had done graduate studies in microprocessor computer systems, and had worked in a patent law practice for two years. During the interview, the senior partner at the law firm abruptly marched the Doc out of his office and down the hall, and disappeared into a wa ..read more

A ‘design patent’ is a monopoly granted by the government to make, use and sell a product having a particular appearance.  Design patents protect how a product looks, not what it does.  A person who copies a product protected by a patent, including a product protected by a design patent, will be ordered to stop infringing by a court only if the patent owner can demonstrate that the patent owner will suffer ‘irreparable harm’ due to the infringement that cannot be compensated by money damages.  Such a court ‘injunction’ against an infringer is difficult to obtain under this stand ..read more

Maybe We’ll Actually Receive an Explanation from the USPTO of Why an Invention is ‘Obvious.’ The USPTO had a lot of patent examiners (8,568 to be exact) reviewing a lot of patent applications (462,000 new applications received last year).  Those examiners make thousands of determinations every day as to whether inventions are patentable or not.  Aside from forms, wording, fees, and whether the invention is of a type that is even can be the subject of a patent, the examiners make their decisions based on three criteria.  To paraphrase: (a) Does the invention have ‘utility ..read more