Working for a firm that does a high volume of work with intellectual property allows for deeper dives into IP-related issues. One example involves situations where a lender has loaned money to a person with collateral for that loan being an item of intellectual property, such as an interest in a trademark. Whoa! Can a … Read more
On January 1, 2022, copyrighted works from 1926 will enter the US public domain. That means that anyone can copy, share, and build upon that work, but it doesn’t mean the public can do the same for things that are already derived from the original. What do I mean by that? Well, the first Winnie-the-Pooh … Read more
It’s a Wonderful Life is by far my favorite Christmas movie. It might just be the overall sentimentality of the film that does it for me, or it might have something to do with me playing Ernie in my high school’s production of it (I promise I looked a little less grainy all those years … Read more
As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark”. I then break the unfortunate news that there is no such thing as an “international trademark”. Instead, registered trademark protections only extend to the national borders where the mark is registered. This means that … Read more
We’ve all asked when on a food blogger’s site, “Why can’t you just give me the recipe and not your life story?” Many have listened to this complaint and added a much (to me) valued “Jump to Recipe” button on the top. But I am here to defend all those stories that I often skip. … Read more
Many of our readers are likely familiar with Eminem’s hit single “Lose Yourself.” I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” In recent weeks, “Mom’s Spaghetti” made national headlines for a different reason. A “Mom’s Spaghetti” restaurant took its “chance to blow” by opening in downtown … Read more
I remember sitting in my Property Law class as a first year law student and learning about the “bundle of sticks,” a metaphor law school professors use to describe property law. In short, each property right is a “stick” taken together as a “bundle.” For example, the property management company that owns my apartment owns … Read more
Late last month, a little clock-app and a handful of online creators made moves that are likely to permanently alter the existing copyright landscape. That’s right, Tiktok, an app with over 689 million active monthly users, and creators like Keara Wilson (the dancer who choreographed the insanely viral Savage Challenge dance to the Megan Thee … Read more
Cyberpunk 2077 is the 2020\2021 equivalent of Duke Nukem Forever: Protracted development timeline, multiple delays, and upon eventual release – mixed reviews. Although Cyberpunk certainly faired much better than Nukem did from a gameplay and critical reception standpoint – the legal fallout experienced by CD Projekt (developer of Cyberpunk) has been decidedly much worse. Not … Read more
Royalties, the Net v. Gross Profit Distinction, and Dolly Parton. Part 2 Welcome back to the Dolly Parton party. Last week we picked up where we left our heroes last week – struggling with the tension between artistic collaboration and the need to delineate legal ownership. This second installment deals with the potential subjectivity of … Read more