Intellectual Property

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and holiday product retailer, […]

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than […]

By Jonas Anderson, Paul Gugliuzza, and Jason Rantanen This is the final post in a series about our new research project on mandamus practice in the federal courts of appeals generally and the Federal […]

Hyatt v. Hirshfeld, 9 F.4th 1372, 1374 (Fed. Cir. 2021), opinion modified and superseded on reh’g, 2020-2321, 2021 WL 4737737 (Fed. Cir. Oct. 12, 2021) [New Opinion] Earlier this month, the Federal […]

By Jonas Anderson, Paul Gugliuzza, and Jason Rantanen This is the second post in a series about our new research project on mandamus practice in the federal courts of appeals generally and the […]

Patents would be much more interesting read if inventors were required to tell the story of how the invention came about. — Dennis Crouch (@patentlyo) October 20, 2021   Continue reading What’s […]

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. As discussed in a previous blog post, the UK’s […]

By Jonas Anderson, Paul Gugliuzza, and Jason Rantanen This is the first post in a series about our new research project on mandamus practice in the federal courts of appeals generally and the Federal […]

Guest Post by Sarah Burstein, Professor of Law at the University of Oklahoma College of Law In an earlier post, Professor Crouch discussed the Federal Circuit’s recent decision in In re Surgisil. […]

by Dennis Crouch Edible IP v. Google (GA 2021) This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law.  The following comes […]

by Dennis Crouch S.2891 – Restoring the America Invents Act. Substantial changes to the IPR system to favor the patent challenger.  (Sponsored by Sen. Cornyn, R-TX; Sen. Crapo, R-ID; and Sen. […]

Earlier this year, we published our blog on the topic of ‘Deepfakes’, in which we argued that the rise of this technology necessitates urgent legal reform. Without the courts developing English […]

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper, Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a […]

On October 12, 2021, the USPTO extended its program for after-final patent prosecution practice, AFCP 2.0, to September 30, 2022. The USPTO initiated the “pilot” program in 2013, to speed up […]

by Dennis Crouch This decision suggests that the Federal Circuit is acceding to the Supreme Court’s approach giving broad discretion to the district courts in attorney fees cases rather than […]

In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases.  In […]

By Jason Rantanen In re ESIP (Panel: O’Malley, Reyna, Chen) (link to decision: In re ESIP SERIES 2) This is a short nonprecedential decision in a petition for a writ of mandamus that was issued […]

Serving a district court complaint for patent infringement on a foreign defendant usually requires compliance with the Hague Convention on Service. A recent Federal Circuit decision, however, […]

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the naming rights agreement between the Los Angeles Clippers and Intuit whereby the Clippers agreed to name their […]

The Competition and Markets Authority (CMA) has today announced it is closing its investigation into the refusal of British Airways and Ryanair to provide refunds to consumers who were unable to […]

There are many requirements for obtaining a patent.  One of those is the written description requirement.  Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing.  If […]

“Green”, “organic”, “eco-friendly”, “recyclable”, “natural”. These are just a few ‘green claims’ that consumers are increasingly used to seeing on the products and services […]

We previously wrote that a co-pending ITC Section 337 investigation virtually guarantees that the Patent Trial and Appeal Board (PTAB) will exercise its discretionary power to deny institution under […]

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying […]

In In re: OnePlus Technology (Shenzhen) Co. Ltd., case number 2021-165, the U.S. Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to […]

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that […]

The Los Angeles Clippers and Intuit have entered into a 23-year naming rights agreement whereby the Clippers have agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit […]

In April 2021, the EU Commission (EC) proposed a suite of new legislative and non-legislative proposals related to artificial intelligence: in a proposed Regulation laying down rules on Artificial […]

This is the text of my presentation at this year’s Gikii Conference, expanding some of the themes and giving more detail. The slides can be found here.  Before I begin, I need to make a quick […]

In a patent infringement lawsuit, a plaintiff often seeks to recover lost profits damages—the profits that the patent owner would have made but for the competitor’s alleged infringement—instead […]

On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications […]

Hi, I am Trovare, your personal AI assistant. Your AI-ssistant if you will. Hahaha. In compliance with the Turing Act 2027, I must inform you that I’m a fully automated sentient entity, if you […]

Social media platforms present countless opportunities for companies looking to connect to consumers and clients in real time. But, like so much else in our connected age, these opportunities come […]

In 2005 artist Matt Furie created four cartoon characters for a cartoon called Boy’s Club: Andy, Brett, Landwolf, and Pepe. You’d be forgiven if you were not familiar with the first three, but if […]

Morality Clauses, Conditioned Gifts, Donors, and The Board By Andrea Canzano. Recently, donors and governing boards have been under scrutiny for their personal affairs and affiliations. The […]

From Textbooks to the Street By Rinnah Anosike On April Fool’s day in 2020 the Swiss art market was met with substantive reforms to the Federal Copyright Act 1992 (“CopA”)[1]. While […]

By Claire Darrow. In a continued effort to combat art crime and the illicit traffic of cultural heritage, in 2021, the International Criminal Police Organization (“INTERPOL”) has launched a new […]

By Amber Lee In her book The Whole Picture: The Colonial Story of the Art in Our Museums & Why We Need to Talk About It,[1] art historian and anthropologist Alice Procter analyzes specific pieces […]

The guidelines will aim to cover both ethical and legal considerations, and include case studies for how museums and galleries might navigate restitution claims and the return of art and artefacts. […]

Descendant of enslaved people fights for property rights to their daguerreotypes commissioned by Harvard scientist By Adetokunbo Fashanu. Harvard University, founded in 1636, is one of the many […]

“I’m amazed, oh wall, that you haven’t fallen into ruins since you hold the boring scribbles of so many writers.”[1] By Visala Alagappan. 2,000 years ago, these words were etched into the […]

By Julianne Schmidt. In the fall of 2011, Subhash Kapoor, an antiquities dealer based in New York, made headlines in the art world for being arrested by Interpol in Frankfurt, Germany. Indian […]

Can Blockchain Help with Growing Anti-Money Laundering Regulations? By Andrea Canzano. The continued growth of New Media Art, including Non-Fungible Tokens (“NFTs”), online exhibitions, and […]

The free and open source developing world is abuzz with a new feature from GitHub called Copilot. This is a programming tool that has been trained using code from GitHub’s own corpus. For those […]

By Rachel Sundar. Until 2021, with one exception, the German Advisory Commission on the Return of Cultural Property Seized as a Result of Nazi Persecution, Especially Jewish Property (“the […]

We live in strange times. People post selfies getting an injection. A football tournament is being played with half-empty stadiums. Sotheby’s is selling digital assets and sneakers, and it will be […]

Product configuration and packaging play an integral part in consumer choice and can often set a particular product apart from its competition on the store shelf. Because companies heavily invest in […]

By Tyler Heneghan. Native American tribes, artists, designers, and spiritual healers have long been associated with the production of high-quality, unique, and effective designs, arts, medicines, and […]

By David Jenkins. In March 2021, a new sculpture of Justice Ruth Bader Ginsburg was unveiled in Brooklyn, NY. The 2nd Circuit awarded the largest damages ever in a lawsuit under the Visual Artists […]

The tiny Central American nation of El Salvador has been in the news this week after its legislature passed a new law that recognises Bitcoin as legal tender. The law was proposed by its president, […]