hjsumner

Amazon Attempts to Trademark Blue Rings

In July 2016, Amazon submitted an application to trademark the blue rings that encircle the top of their Echo product. This type of trademark has been granted in the past and will turn on whether the general public associates these cyan rings with the voice-controlled speaker. CLICK HERE FOR ARTICLE

Use Caution When Threatening an IP Action in the U.K.

“Threatening” a potential infringer for acts performed in the UK will now be governed by a new Intellectual Property Unjustified Threats Act. The act took effect on October 1, 2017 and outlines “permitted communications” between potential adversaries in patent, trademark and designs. It should be noted that the act will not apply to copyright infringements,Continue reading “Use Caution When Threatening an IP Action in the U.K.”

Cheerios Loses Fight to Trademark Yellow Cereal Box

After two years of trying to secure the color yellow as a trademark, the TTAB has ruled that consumers do not necessarily associate a yellow box with Cheerios brand cereal Click here for full article

Number of Patents for Cannabis Grows

A recent Forbes article notes that nearly 1500 utility and plant patent applications have been filed since 1942. Half of those applications were filed in the last 25 years and there are 500 active patent applications for cannabis related products. The data shows that about half of these applications have been approved. CLICK HERE FORContinue reading “Number of Patents for Cannabis Grows”

The Defend Trade Secrets Act: Suggested Steps for the Protection of your Trade Secrets

Written by: Hilary J. Sumner, Esq. What is DTSA? The Defend Trade Secrets Act (DTSA) was signed into law on May 11th, 2016. This law creates the first federal civil remedy to address the misappropriation of trade secrets. Prior to the enactment of this law, civil trade secret actions were governed primarily by individual stateContinue reading “The Defend Trade Secrets Act: Suggested Steps for the Protection of your Trade Secrets”

Are Culinary Creations Protected by Copyright Law?

While copyright law will not protect utilitarian articles, it will protect the creative expression in making those articles. As a result, expressive culinary works may be protected by copyright law. Additional IP protections may also be available such as design patent, trademark and trade secret law. CLICK HERE FOR FULL ARTICLE

Google Applies for Patent for Vision Enhancement Device Injected Directly into the Eyes

Google has recently submitted a patent for a device injected directly into the eye. The device contains storage, sensors, a radio, a battery and an electronic lens and is powered wirelessly from an “energy harvesting antenna.” CLICK HERE FOR FULL ARTICLE

Defend Trade Secrets Act (DTSA) Signed into Law

Obama has signed the federal Defend Trade Secrets Act of 2016 (DTSA) into law. This law amends the Economic Espionage Act of 1996, creating a federal civil remedy for the misappropriation of trade secrets. It also provides an additional means of protection for intellectual property. CLICK HERE FOR ARTICLE

Intellectual Property Protections in Space

There is a lack of certainty when it comes to intellectual property rights in outer space. Space Law is generally uniform in its application while intellectual property law varies from country to country. What happens when a patent is infringed in outer space? Currently, nothing as patent laws apply only within the territory of theContinue reading “Intellectual Property Protections in Space”

Are Tattoos Works of Art under Copyright Law?

LeBron James’ tattoo artist recently filed suit against the makers of NBA2K16 claiming that their use of the tattoo in the video game constitutes copyright infringement. The Plaintiff asserts that LeBron James is a “medium of expression.” But whether a live body qualifies as a medium of expression is unsettled. One would argue that theContinue reading “Are Tattoos Works of Art under Copyright Law?”