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Crowdfunding and Protecting Your IP: Issues with Public Disclosure and Idea Theft
Crowdfunding is commonly used by inventors and entrepreneurs looking to market new products, as well as “wantrepreneurs” in need of capital to support their ideas. Crowdfunding is widely popular due to the ease and efficiency it provides to generate and access funds while simultaneously promoting the project and building hype.…
SCOTUS Settles a Circuit Split on Copyright Damages under the Discovery Rule in Favor of Copyright Holders
Being a copyright owner comes with numerous rights and benefits in relation to the copyrighted work. Known colloquially as the “bundle of sticks,” a copyright owner has the exclusive rights to the reproduction, derivation, distribution, public performance, public display, and digital transmission of the work. If someone unlawfully infringes on…
The Secrets Your Whiskey Holds: Trade Secrets in the Alcoholic Beverages Industry
With so many whiskey options currently on the shelf to choose from and new whiskeys continually being released, how do distilleries keep their edge and distinguish themselves from competitors? Sometimes, it’s not so clear because the answer lies in trade secrets. Trade secrets include information that is not generally known…
Brand Strategy and Best Practices from an IP Perspective
Branding is critical for businesses looking to build connections with customers and brand recognition in the market. A well-executed brand strategy often drives brand awareness and builds brand recognition by ensuring consistent design across all brand visuals. In this way, a consistent visual identity can be crafted. One way to…
Leaping AI’s Legal Hurdles: Three Considerations for Businesses Piloting AI
The integration of artificial intelligence (AI) into various industries has unlocked immense potential for innovation and efficiency. However, amidst the AI revolution, businesses face complex legal challenges, particularly concerning intellectual property (IP) rights.
Trademark and Patent Concerns
AI-generated content may inadvertently incorporate trademarks or infringe upon existing patents of others…
Section 337 Proceedings at the ITC
Recently, the International Trade Commission (ITC) has been in the news for issuing an import ban on certain Apple Watches for patent infringement. While this ban is being reviewed by the Federal Circuit, many are hearing about the “ITC” for the first time. This IP Tip of the Month presents…
IP Tip of the Month: Year in Review
As 2023 comes to a close, it’s a great time to take stock of the year’s accomplishments and to create a game plan for diving into 2024. Maybe your small business made a jump thanks to a viral TikTok or popular influencer. Perhaps your company is gearing up to sell…
The Art of Copyright – Excuse Me – Tattoos
It is well settled that tattoos are copyrightable. In this regard, an infringement case in which one tattoo artist copies another artist’s work would likely proceed in a similar manner to any other copyright infringement case. But what happens when copying occurs in a different medium?
Fair Use is often…
Track One: USPTO’s Speedy Patent Prosecution Comes at a Cost
What is Track One?
Track One is the USPTO’s prioritized patent examination program which guarantees a final disposition of a US patent within 12 months. Since its launch 12 years ago, the Track One program has allowed applicants to take advantage of ‘front of the line’ patent examination. Each fiscal…
Deepfakes and Intellectual Property: The Disinformation Dilemma in Publicity Rights
What is a deepfake?
Deepfakes – artificial intelligence-driven tools capable of creating hyper-realistic digital replicas of individuals – have ushered in a novel set of challenges for intellectual property and the right of publicity. Historically, actors and public…