NCAA to Allow Athletes to Profit from their Name, Likeness & Image

On October 29th, the NCAA announced it will begin a process that will eventually allow athletes to profit from their image, name and likeness.  For years student athletes have used their talents to negotiate college scholarships but many see this as insufficient compensation in light of the enormous revenue that sports bring to these universities.Continue reading “NCAA to Allow Athletes to Profit from their Name, Likeness & Image”

Does Sovereign Immunity Apply to States in Copyright Infringement Cases?

In 1996, Blackbeard’s famed ship Queen Anne’s Revenge was discovered by a private salvage company.  A film crew was subsequently hired to capture the expedition.  The State of North Carolina used both the videos and images captured during the shoot without a license and a copyright suit was filed.  North Carolina is defending itself byContinue reading “Does Sovereign Immunity Apply to States in Copyright Infringement Cases?”

Draft Patent Eligibility Bill

Draft legislation addressing patent eligibility is expected sometime this fall.  The hope is that the bill will clarify patent eligibility issues and tackle inventions classified as abstract ideas, laws of nature and natural phenomena. Proposed changes to section 101 are expected to broaden patentability for “any invention or discovery that provides specific and practical utilityContinue reading “Draft Patent Eligibility Bill”

Levi Throws its Weight in Trademark Suit and Loses

Since 1936, Levi has been placing a small fabric tag with the name LEVI on the pockets of its denim products.  The company recently filed a trademark suit against Barbour, an English clothier that has been in business since 1894.  Levi claimed that the blue fabric tags placed in the pockets of Barbour clothing createdContinue reading “Levi Throws its Weight in Trademark Suit and Loses”

Chinese Telecom Company Indicted for Theft of Trade Secrets

The United States has charged tech company Huawei with trade secret theft,  wire fraud, and obstruction of justice.  The DOJ alleges that the company took photos and measurements of a phone-testing robot and used that information to build a similar device. Huawei denied the theft, claiming it was the work of miscreants; however, recent emailsContinue reading “Chinese Telecom Company Indicted for Theft of Trade Secrets”

USPTO Suggests New Effort to Clarify Patent Eligibility

USPTO Director Iancu recently proposed new patent eligibility guidelines at the quarterly meeting of the Patent Public Advisory Committee (PPAC).  Iancu noted that clarity is needed both by examiners and applicants asking, “how can a claim be novel enough to pass 102 and nonobvious enough to pass 103, yet lack an “inventive concept” and thereforeContinue reading “USPTO Suggests New Effort to Clarify Patent Eligibility”

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”

Monkey’s Selfie Creates Copyright Dispute

A photographer shooting wildlife in Indonesia recently left his camera unattended.  He returned to find that a crested black macaque had taken a few interesting shots of himself.  The photographer released the photos and one of them went viral.  When the owner of the camera asked Wikipedia Commons to remove the image from its site,Continue reading “Monkey’s Selfie Creates Copyright Dispute”