Timely updates and interesting insight on patent, trademark, and copyright law.
This article summarizes recent lawsuits alleging that leading AI companies and their software programs are systematically infringing copyrights held by computer programmers and artists alike.
This article introduces and explains the myriad benefits of registering a copyrightable work with the Copyright Office. While this article considers the effects of registration on a hypothetical novel, authors and artists can register any type of copyrightable work, whether it be a drawing, computer code, or a writing.
The United States Patent and Trademark Office (USPTO) recently launched a new “Fast-Track Appeals Pilot Program” on July 2, 2020. The Program allows for expedited resolution of ex parte appeals in US patent application prosecutions. The Program serves as an extension of the “Track One” prioritized examination program and is intended to provide applicants with another opportunity to expedite US patent prosecution.
Prior USPTO CARES Act extensions waived certain fees and deadlines up until July 1, 2020. With the July 1, 2020 date looming and the need for relief remaining at a high level, today (June 29, 2020) the USPTO further extended the time for small and micro entities to pay certain patent-related fees that would otherwise have been due on or after March 27, 2020.
Time spent on securing Food and Drug Administration (FDA) approval for regulated products (such as pharmaceuticals, medical devices, and agrochemicals) effectively shortens the term of patent protection for the underlying invention of those products.
Continuing its efforts to accelerate the commercialization and available of technologies addressing COVID-19, the United States Patent Office (USPTO) has announced a new COVID-19 Prioritized Examination Pilot Program.
Yesterday, May 4, 2020, the United States Patent and Trademark Office (USPTO) took a surprising leap into commercialization of patented and patent pending technologies, unveiling a web-based marketplace platform for intellectual property (IP).
Yesterday, April 28, 2020, pursuant to the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced further extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees. This new Notice supersedes the prior Notice published on March 31, 2020.
Today, March 31, 2020, pursuant to the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees.
A debate has raged for years as to whether the infamous English rock band Led Zeppelin in its guitar intro to “Stairway to Heaven” infringed the copyright of the song “Taurus” by the American rock band Spirit. It has been alleged that Jimmy Page borrowed the descending guitar line from “Taurus” for Led Zeppelin’s signature song “Stairway to Heaven”.
The members of a Metallica tribute band, Sandman, received an unusual surprise when they showed up recently to play a show at FitzRays, in London, Ontario. A 41-page cease-and-desist letter was waiting for them the moment they arrived. The letter, sent by a Metallica attorney, demanded that the band, which bills itself as “Canada’s Number One Tribute to Metallica,” stop using the Metallica name and the following logo:
Due to the numerous changes in copyright law over the years since the song was written in November of 1934, “Santa Claus Is Comin’ to Town” has taken quite the winding path “to town.”
Taylor Swift, the Magistrate Judge, and even the Plaintiff all came out ahead in recent litigation brought against Swift for copyright infringement.
Many businesses expect their intellectual property protection to extend beyond U.S. borders–but that protection can depend on a number of different laws. Recently, there has been buzz about the Trans-Pacific Partnership (TPP), which includes a number of provisions that will impact the international intellectual property protection landscape.
It’s campaign season, which means candidates are selecting their campaign songs. Not surprisingly, this tradition often results in bands and songwriters objecting to the use of their songs by candidates they do not support. What happens next depends on the copyright holder.
Have you ever noticed that a fashionable design you may see at a high end clothing store will often show up a few weeks later at Target or Wal-Mart?
Let’s get the moral of the post first: Don’t copy and paste from other people’s websites or materials to use on your website or materials. Just because it is on the internet doesn’t mean its free to use.
Have you ever heard the song “Happy Birthday” performed by the wait staff at a restaurant? If so, you were likely a witness to copyright infringement. At least that’s what Warner/Chappel Music would maintain.
On Independence Day (and throughout the year) people show their affection for the United States through symbolism. However, many people are not aware that the use and reproduction of the famous and important United States symbols are regulated by various laws.
Apple, Inc. announced that Apple Music will be available in 100 countries starting June 30. There will be no free-tier option, but there will be a three month free trial, after which a monthly charge will occur to use the streaming service. This sounds like news, but not big news. Streaming music services have been around.
Many times, patents, trademarks, and copyrights work together, and it can quickly get confusing.
Fair use has been getting tossed around a lot lately, especially regarding parody. Between llamas on the loose and The Dress was the joy of Brody and his bar mitzvah video.
Over the past few weeks, New York, London, Milan and Paris have been showing off the fashions that will be “it” for the fall. In Europe, fashion designs may be eligible for industrial design protection. However, in the United States, there is no such specific protection.
The Copyright Office has been very clear, copyright law does not protect recipes that are “mere listings of ingredients.” However, copyright protection may extend to something like a cookbook that has substantial literary expression…
… at least from copyright infringement. It’s a lesson Sam Smith learned the hard way after releasing his hit song “Stay With Me.”