Intellectual Property

by Dennis Crouch The US Solicitor General has provided her input–arguing that the Supreme Court should grant American Axle’s petition and decide whether the claimed method of manufacturing a […]

Guest post by Peter S. Menell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Watch […]

by Dennis Crouch Michael Kaufman v. Microsoft Corp. (Fed. Cir. 2022) Kaufman’s US7885981 has a 2000 priority date and claims a method of automatically creating a database front-end for user […]

NetChoice, LLC v. Ken Paxton, Attorney General of Texas, 21A720 (Supreme Court 2022) I previously wrote about the Texas Social Media Censorship Law known as HB20.  A portion of the case is pending […]

A recent Intellectual Property Enterprise Court Decision (IPEC) on 20 April 2022 has decided that ‘Muzmatch’, an online matchmaking service to the Muslim Community has infringed Match.com’s […]

by Dennis Crouch Here is the setup in the Federal Circuit’s recent decision in Google LLC v. IPA Techs. Inc. (Fed. Cir. 2022): March 23, 1998. Cheyer, Martin, and Moran co-author academic paper […]

A recent case filed by famous choreographer Kyle Hanagami is set to test the boundaries of copyright law in video games and on social media. Mr. Hanagami is a popular choreographer with a large […]

by Dennis Crouch Back in March 2022, I wrote an essay on the spectrum of structural and functional claiming, particularly commenting on the Federal Circuit’s decisions in Dyfan, LLC v. Target […]

For many years, German courts would, in principle, only grant a preliminary injunction in a patent case, if the patent in suit had “gone through the fire” in the sense of having survived an […]

by Dennis Crouch Texas HB20 treats social media platforms as common carriers, especially those with very large number of users and market dominance.  For its purposes, the law focuses on platforms […]

by Dennis Crouch The Supreme Court has denied certiorari in the pending case of PersonalWeb Techs. v. Patreon.  The case questioned the unique patent-law preclusion doctrine known as the “Kessler […]

  Continue reading Patent PTAB Precedent 1998-2021 at Patently-O.

by Dennis Crouch Hyatt v. USPTO (Supreme Court 2022) Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time”. […]

Last month, HBO released its new drama series Winning Time: The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff […]

You wait months for an NFT case, and then two drop in the matter of days. First an English court confirmed that tokens are property (more on that when I get my hands on the decision), and now there […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football […]

The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s […]

Elon Musk is buying Twitter for $44 billion USD. Surely. Certainly. Maybe. It’s complicated. Regardless, the news have exploded in tech and mainstream news, everyone has a take. Musk announced that […]

Over two and a half years ago, this column analyzed a Ninth Circuit case titled HiQ Labs, Inc. v. LinkedIn Corporation, in which the Court agreed with a lower court that had issued a preliminary […]

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Companies should be […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. Watch this episode on the Weintraub […]

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, […]

The Competition and Markets Authority (CMA) published yesterday proposals to protect consumers from fake online reviews and to give full legal status to the CMA’s guidance published earlier this […]

By Kelsey Clifford Art is a consistent escape from reality. When COVID-19 emerged and infiltrated each of our daily lives, physical art became all but inaccessible. Until, that is, art became more […]

By Cielomar Puccio The image of a ballerina is not complete if it is missing its tutu and pointe shoes. These two images have become icons of what a ballerina should wear to perform the lovely art we […]

On March 24, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Hunting Titan, Inc. v. Dynaenergetics Europe GMBH, affirming — on a procedural technicality — a […]

I am a big believer in the power of stories. In 1993, journalist Julian Dibbell wrote an article for the Village Voice entitled “A Rape in Cyperspace“, in which he described a series of […]

Steven Oscherwitz, Untitled (2010) “Artists cannot be artists without being thinkers. I am, if anything, a thinker first, then an artist.” Steven Oscherwitz, Statement of Intent for IDSVA (2021) […]

By Anna Brouver No News – Good news? There is nothing surprising about the fact that the art market gets more and more regulated. The call for “art market transparency” after decades (if not […]

The Competition and Markets Authority (“CMA“) has published advice for the UK Government on changes that could be made to consumer and competition law to facilitate the UK achieving a “Net […]

The UK’s IPEC court has granted various movie studios and Nintendo website blocking injunctions to prevent the infringement of their IP rights. The legal victories demonstrate the practical […]

Powerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. International Trade Commission (ITC) under […]

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Whilst […]

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), […]

Environmental, Social, and Governance ESG, an acronym for Environmental, Social, and Governance, aims to establish an evaluation of companies’ social and environmental responsibilities. In so […]

By Louise Carron. The following is being reprinted with permission from: Entertainment, Arts and Sports Law Journal, 2021, Vol. 32 No. 2, published by the New York State Bar Association, One Elk […]

Most of the writing about the legal issues surrounding NFTs has been rightly concentrated on two topics, what rights does the buyer acquire when purchasing a token, and the issue of copyright […]

Martha Szabo, Model, Art Students League, circa (1990) (top left); Martha Szabo, Model, Art Students League, (1991) (top right); Martha Szabo, Model, Art Students League, circa (1990) (bottom left); […]

Used with permission, University of Iowa Office of the State Archaeologist By Alexis Redshaw In 1971, Maria Pearson (Running Moccasins) would learn shocking information from her husband, John […]

Who said there’s no looking back? It is crucial to consider key takeaways from the most important IP cases from 2021 when planning for 2022. Foley Hoag presented a 60-minute webinar on Tuesday, […]

M. Dougenis, Poor Butterfly (1986)(Photo credit: https://sagharborexpress.com/) Miriam “Molly” Dougenis is an award-winning figurative artist who has been working in watercolor since the early […]

Please gather around, and listen to this cautionary tale of schadenfreude and greed. This is not a tale for the faint of heart; it involves a cabal of crypto-enthusiasts involved in a decentralised […]

By Atreya Mathur Flowers have an impact on human happiness.[1] They tend to make things a little prettier or can even change the atmosphere to something more romantic. They cause excitement and they […]

Amongst many other things, writer Neal Stephenson is famous for having coined the term “Metaverse” in his 1992 cyberpunk novel “Snow Crash”, but he has also written a lot about virtual worlds […]

2021 has been the year of the NFT here at Llama Towers. It seems like there’s no shortage of stories coming out of the NFT scene, so to avoid having to rename the blog to “NFT Weekly News” I […]

Image taken of Sadigh Gallery courtesy of Manhattan District Attorney’s Office By Alexis Redshaw On Monday, April 8, 2019, less than a week before the new Rosetta Stone exhibit was due to open at […]

Text of my presentation at the IGF panel Videogames and their Uniting Power. Thanks very much to the organisers for the kind invitation to join this panel, it is an honour. I have to start with a […]