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?”

Can Software Be Patented? The Patent Landscape Post Alice v. CLS

The recent US Supreme Court decision of Alice v. CLS Bank has specificed a Section 101 framework in which software patents must now be examined.  The court has enumerated two questions that must be asked in a software patent: 1. Does the claim merely cover an “abstract idea”? 2. Is there an (additional) “inventive concept”Continue reading “Can Software Be Patented? The Patent Landscape Post Alice v. CLS”

Canadian Company Secures Patent for Space Elevator

Thoth Technology of Ontario, Canada recently secured a patent for a space elevator.  The device would extend 12 miles above the earth’s surface, allowing materials to be transported to and from space.  The company estimates that an elevator of this nature could save more than 30 percent of the fuel of a conventional rocket. CLICKContinue reading “Canadian Company Secures Patent for Space Elevator”

Is a 3D Printed Organ a “Human Organism” under Patent Law?

As 3D printing technology improves, the potential for printing human organs is becoming a reality… but are human tissues and organs patentable under the law?  The America Invents Act (AIA) clearly prohibits the patenting of any claim “directed to or encompassing a human organism.”  The question becomes whether a 3D printing of tissues and/or organsContinue reading “Is a 3D Printed Organ a “Human Organism” under Patent Law?”

Google’s Library Project Found to be a Fair Use

Google’s Library Project offers digital versions of books sent to the project by libraries. Google has not secured permission to use these works by the copyright holders; however, only certain portions or “snippets” of each of the works is viewable to the users of the project.  Once a search term is entered, the service providesContinue reading “Google’s Library Project Found to be a Fair Use”

Woman Takes on Coca-Cola in Trademark Dispute and Wins

In 2005, an Australian woman named Annabelle Young wanted to start a tea company. In order to protect her IP she decided to trademark the name HONEST TEA in Australia.  Not too long after her trademark issued,  an American company using the same name brought suit against her claiming global rights in the name.  ThatContinue reading “Woman Takes on Coca-Cola in Trademark Dispute and Wins”