Intellectual Property

04Apr 2024

Non-Fungible Tokens Revisited

April 4, 2024 Adam Garson Intellectual Property, Internet Law, Trademark

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 […]

18Mar 2024

APPLE v SAMSUNG – Design Patent Law Moves Closer to Trademark Law

March 18, 2024 Adam Garson Intellectual Property, Patent, Trademark

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 […]

05Oct 2023

Government Shutdown! – What Happens to My Patent Application?

October 5, 2023 Robert Yarbrough Intellectual Property, Patent

Oh, great. Another government shutdown. The last one lasted 35 days, ending January 25, 2019. Before that, it was February 2018 and, before that, January 2018. We’re about to have the government forcibly closed. Planning on a trip to a national park? Better reconsider. Want to sell your product to the military? Fuhgeddaboudit. What about the […]

14Sep 2023

Cheese and Chips: On the Vanguard of Quality Control

September 14, 2023 Adam Garson Intellectual Property, Trademark

Champagne is from the Champagne region of France, Parmigiano Reggiano cheese and Prosciutto di Parma ham from the Parma region of Italy, Toscano olive oil from Tuscany, and Roquefort cheese from the region of the same name in France. Then there is Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State apples, […]

05Jun 2023

Moral Rights and Landlord – Tenant Disputes

June 5, 2023 Adam Garson Copyright, Intellectual Property

In many parts of the world, authors and artists also own “moral rights” in their works. Moral rights include the “right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.” The “right to integrity” means that right to object to the “distortion, or […]

23Apr 2023

Star Trek Copyright – Where No Court Has Gone Before

April 23, 2023 Joshua Waterston Copyright, Intellectual Property

Two thousand years ago, the Roman historian Tacticus said that “victory is claimed by all, failure to one alone.” Such is the fate of successful creative works, whether they are music, art, or television shows. In recent years, the Star Trek universe has expanded to include several new shows, including the successful Star Trek: Discovery. […]

02Mar 2023

Old News Still True: The Internet is Not Free

March 2, 2023 Adam Garson Intellectual Property, Internet Law

Development and public release of ChatGPT and other artificial intelligence (AI) based chatbots has cast AI into the public spotlight even though it has been a subject of modern academic research since the 1940’s. Over the years, we’ve written several articles on artificial intelligence and intellectual property law. Way back in 2017, we pondered the question of whether a work generated by AI is protected under copyright […]

23Jan 2023

Marketing a Cannabis Product? Words (and Use) Matter.

January 23, 2023 Adam Garson Intellectual Property, Trademark

Trademark applicants should exercise care when drafting descriptions of goods and services, particularly when marketing highly regulated goods.

22Sep 2022

September 22, 2022 Lawrence Husick Intellectual Property

Dear Doc: I’ve heard about how the Supreme Court has overturned Roe v. Wade, and declared a century-old state law saying that you need a valid reason to carry a loaded gun anywhere you please because the matters in those cases were not part of the way people thought in 1789 (or 1868, either.) How […]

05May 2022

Trademarks and NFTs: More Headaches

May 5, 2022 Adam Garson Intellectual Property, Trademark

New technologies give rise to new intellectual property headaches. Non-fungible tokens or NFT’s are no exception. What is an NFT? For the uninitiated (and hermits), an NFT is a unique digital token that one can own, sell, or redeem. Bitcoin and Ethereum are examples of digital tokens. Cryptocurrency, however, is fungible. The Bitcoin I own is not unique […]

Intellectual Property

Non-Fungible Tokens Revisited

APPLE v SAMSUNG – Design Patent Law Moves Closer to Trademark Law

Government Shutdown! – What Happens to My Patent Application?

Cheese and Chips: On the Vanguard of Quality Control

Moral Rights and Landlord – Tenant Disputes

Star Trek Copyright – Where No Court Has Gone Before

Old News Still True: The Internet is Not Free

Marketing a Cannabis Product? Words (and Use) Matter.

Ask Dr. Copyright © About Legal Reasoning

Trademarks and NFTs: More Headaches

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