Last night, I had the great honor of talking with a Girl Scout troop about intellectual property so they could earn their intellectual property patch. After all, the founder of Girl Scouts, Juliette Gordon Low was a patent holder (make her trash can liner). We had to cover what patents, copyrights, trade marks and trade … Read more
Speaking at the Deutsche Bank Global Consumer Conference, Unilever’s CEO Alan Jope said: “We believe the evidence is clear and compelling that brands with purpose grow. In fact, we believe this so strongly that we are prepared to commit that in the future, every Unilever brand will be a brand with purpose.” That seems to … Read more
Lots of events have sponsors. Sometimes to be a sponsor, a company or individual pays a fee or provides in kind services. In return, the event or organization tells their audience who is supporting them in the endeavor. Sometimes, it is hard to tell when an entity is being supported by another. This always becomes … Read more
According to statue, someone could not register a trademark if it “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection … Read more
What does Champagne, Roquefort cheese, and Darjeeling tea have in common – other than a very high likelihood of being in my kitchen? They are all geographic indicators of a specific good. Or in other words, the name tells you where it came from – as in a location in the world, not just a … Read more
Happy Tax Day everyone! (I’m writing this on Monday!) Also, happy Crazy Taxi patent expiration day! If you’re a millennial like me, you’re probably familiar with the Sega arcade game, “Crazy Taxi.” (arcade release in 1999) And…if you were suffering through high school a few years later, I bet you know of that classic Crazy … Read more
Much like Letterman used to ask, “Is this anything?“, clients often ask “Is this a trademark?” The answer to that depends on the answers to the following questions: Is whatever it is connected to the good or service being sold? Will the customer see your product and the proposed mark together at the time they … Read more
Last week was a bit of a let down, wasn’t it? Here’s all of these interesting facts, and then thbbt! No resolution. This week is better. This one also involves the manipulation of a photograph but with a lot more humor. This time, Sconnie Nation, a t-shirt company, used a photo taken by Michael Kienitz … Read more
Fair use is a defense, but it isn’t always a slam dunk winning defense. Shepard Fairey is a graphic artist and known for street art. You may not recognize his name, but you likely recognize at least one piece of his work: The Obama HOPE poster. The photo is instantly recognizable and arguably iconic. It … Read more
As we discussed earlier, courts look at the purpose and character of the use for both the original owner and the derivative use. Courts look at how the party claiming fair use is using the copyrighted work. Is the derivative use meant to make money? If so, it is more likely to be found infringing, but if … Read more