Currently viewing the tag: "intellectual property"

On July 11, the Federal Circuit released its decision in Digitech v. Electronics for Imaging, the court’s first case involving the boundaries of patent eligible subject matter under Section 101 of the Patent Act in the wake of the Supreme Court’s decision in Alice Corp v. CLS Bank. The Federal Circuit applied the [...]

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A Scandal in the Public Domain

On November 11, 2014 By Doruk Onvural

Case closed, or so it appears, as the Supreme Court refused to grant cert to the Seventh Circuit’s holding that classic characters Sherlock Holmes and Dr. Watson are in the public domain.

Sir Arthur Conan Doyle published his first Sherlock Holmes story in 1886. Fans loved the character so much, the author couldn’t even [...]

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Faux Hershey Settles

On October 23, 2014 By Chastity Bobo

Hershey Company has settled the trademark infringement lawsuit it filed in June against TinctureBelle, LLC and TinctureBelle Marijuanka LLC, Colorado based marijuana-candy companies. Hershey claimed consumers would be confused by the similarities between marijuana-infused chocolate products and popular Hershey favorites. Other included claims were: trademark dilution, false designation of origin, unfair competition, and passing off.

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Disney Sued Over Frozen

On October 21, 2014 By Danielle Dudding

Isabella Tanikumi has filed a lawsuit against the Walt Disney Company claiming Disney’s Frozen is not an original work, but instead the storyline and characters were stolen from her memoirs.

For the few people in the world who have yet to be exposed to Frozen, it features the story of two princesses, Elsa and [...]

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The Supreme Court could have another opportunity to review an IP case decided by the U.S. Court of Appeals for the Federal Circuit.

Last week Google filed a petition for certiorari seeking to overturn the Federal Circuit’s decision in Oracle America v. Google, which found [...]

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Marvel—Kirby Dispute Ends “Amicably”

On October 10, 2014 By Sarah Robbins

An epic legal battle between the famous comic creator Jack Kirby and Marvel Comic was settled just days before the Supreme Court was scheduled to discuss the case. The parties were involved in an extensive legal dispute regarding the ownership rights to legendary comic characters such as X-men, Iron Man, and Spider-Man. The [...]

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Trouble for Qualcomm in China and the U.S.

On October 1, 2014 By Peiyuan Guo

Qualcomm, a leading wireless communications chip supplier worldwide, has emerged a winner with Apple’s iPhone 6 models. A tear-down analysis by iFixit revealed five Qualcomm chips in the iPhone 6 and iPhone 6 Plus. However, the good news may be offset by Qualcomm’s lingering antitrust probe in its Chinese LTE smartphone market. Last [...]

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Un-”like”-ly Property Interests

On September 26, 2014 By Philip Houten

As social media has become as ubiquitous in Americans’ lives as commuting or sunsets, disputes over these new concepts have challenged the legal system to adapt archaic legal concepts to govern their use.  One such concept is a Facebook “like,” which allows a user to publicly display his or her affection for a photo, [...]

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Copyright Office Decides Monkeys Can’t Be Authors

On September 11, 2014 By Thomas Hayden

Last week, the Copyright Office issued new guidance to clarify that it will only register copyrights for creative work produced by humans. Animals and computers (without human intervention) don’t possess “creative powers of the mind” in the same way that humans do. You’re likewise out of luck if you’re a “divine [...]

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Sometimes, art imitating life yields some strange results. In 1981, (animated) newspaperman J. Jonah Jameson ran the headline, “threat or menace” when discussing the masked Spider-Man in New York City’s (fictitious) Daily Bugle. Today, such a headline would not seem out of place on recent covers of the New York Post.

Between “Spidey’s” [...]

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