General Motors recently ran an ad featuring the head of Albert Einstein placed on a very masculine body with the quote “ideas are sexy too.” The Hebrew University, owner of the rights, filed suit against GM claiming infringement. The court held that rights of publicity expire fifty years after the individual’s death. CLICK HERE FORContinue reading “Publicity Rights Held to Expire 50 Years After Death”
Author Archives: hjsumner
Driver Claims Corporation is Second Passenger in HOV Lane
A Californian man driving with a pack of papers in his front seat claimed that a corporation was his second passenger. It was a creative but unconvincing argument and he was found guilty of violating the vehicle occupancy requirement. CLICK HERE FOR FULL ARTICLE
3D Printers and Emerging IP Issues
3D printers allow users to create a multitude objects out of a wide range of materials. If you can create a computer model of the object, you can print it. A growing number of people are sharing modeling files and using printers to create three dimensional objects… protected designs, machine components, and even records withContinue reading “3D Printers and Emerging IP Issues”
Is it Legal to Resell Your Digital Music?
ReDigi has created software that purports to remove old digital music files from the user’s equipment and then allow that user to resell these files through ReDigi’s on-line marketplace. Capitol Records filed suit against the company in 2012 claiming copyright infringement. The first sale doctrine seems to suggest that a purchased copy can be legallyContinue reading “Is it Legal to Resell Your Digital Music?”
Theft of Trade Secrets Act Signed into Law
On December 28th, President Obama signed the Theft of Trade Secrets Act into law (18 U.S.C. §§ 1831-39). This act amends the Economic Espionage Act of 1996 (EEA) and grants federal courts much broader jurisdiction over trade secret misappropriation cases. In the past, state laws governed trade secret protection and federal jurisdiction was only grantedContinue reading “Theft of Trade Secrets Act Signed into Law”
Panoramic View of Mars
CLICK HERE TO VIEW 360 DEGREE VIEW OF MARS TAKEN BY THE CURIOSITY ROVER
Trade Secret Protection
Two recent trade secret decisions held that products and processes comprised of a combination of components qualify for trade secret protection even if the individual components are in the public domain. Trade secret protection may be available if the combination of these elements is not readily known or easily ascertainable. CLICK HERE FOR FULL ARTICLE
The Trouble with Patent Trolls
A growing number of companies are amassing enormous IP portfolios, often purchasing patents from underfunded inventors. Those in the warehouse patent business generally have no intention of bringing these inventions to market; they profit through licensing and litigation. Oftentimes the purchased patents have overly broad claims, allowing these “patent trolls” to bully would-be infringers intoContinue reading “The Trouble with Patent Trolls”
Using the International Trade Commission to Protect your Intellectual Property
The International Trade Commission (ITC) is a valuable resource in preventing the importation of counterfeit goods. While the ITC cannot award damages, they can issue exclusion orders that will keep infringing products out of the United States. These orders are generally much easier to obtain than court ordered injunctions.
UK Court Rules that Nestle Cannot Trademark the Kit Kat Shape
A court in the United Kingdom recently held that Nestle cannot trademark the shape of its chocolate Kit Kat bar. This may pave the way for competitors such as Cadbury to make a similarly shaped bar. Nestle plans to appeal this decision. CLICK HERE FOR FULL ARTICLE