March 2023
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Streisand 101

In an effort (I’m assuming) to be hip and relevant, my alma mater (and Randazza‘s previous teaching gig) has begun adding courses to their curriculum that have little to do with the law or lawyering.  One example is a course called “Popular Culture and the Law,” to which the registrar has assigned the following course [...]

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Paris Hilton continues her IP education… from the defendant’s chair

After getting the go-ahead from the Ninth Circuit earlier this year on her “That’s Hot!” trademark infringement case against Hallmark, hotel heiress Paris Hilton has apparently signed up (although unwillingly) for another intellectual property lesson.  This time, she’s going to be studying design patents.  Her professor, a footwear designer called Gwyneth Shoes, claims that its [...]

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“Twenty-Something Arrested at Twilight Movie” or “State Law Copyright Enforcement?”

Earlier this month, 22-year-old Samantha Tumpach was arrested exiting a showing of the new douchey-little-vampire-kid movie, The Twilight Saga: New Moon.  No, she wasn’t detained for a psych eval, as anyone over the age of 16 should be for watching that movie.  (The only problem with implementing that policy is that state mental health facilities [...]

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Does Disney Own the Concept of a Castle?

It is a well known axiom of U.S. intellectual property law that there is no protection afforded to mere ideas.  In order to employ the force and power of our legal system to enforce your intellectual property rights, you must have something more concrete than an idea.  In patent law, for example, you must have [...]

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USPTO Jumps in Line to Provide “Green” Initiatives, Ignores Climate Gate

“Awe!  Come ON!  I made a movie about it.  That proves it’s true.”

Director Kappos, of the United States Patent & Trademark Office (USPTO), writes on his blog this week about how the Office intends to fast-track the examination of patent applications that deal with so-called “green” technologies.  Great headline for a month ago, when [...]

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Patent Language: “The Present Invention” versus “An Embodiment of the Present Invention”

If you spend any time reading patent applications, two things will probably become apparent to you:  1) you probably need to find a hobby or five to take up more of your time; and 2) sometimes it may seem like patent applications are written in some kind of strange, overly complicated, almost alien language.  Usually, [...]

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File under “Lamest.  Publicity.  Stunts.  Ever.”

A federal lawsuit was filed this week in the Southern District of Florida, alleging violation of the Trademark Protection Act (source).  I would just like to refer the filing attorney, Juan Abogado, to Federal Rule of Civil Procedure 11.

This post was originally published on The Tactical IP Blog.

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Movie Night

Happy Friday, IP enthusiasts!  I thought it might be interesting to celebrate the end of this hard-fought work week with a movie recommendation.  So stop by your local movie rental establishment, or add this one to the top of your Netflix queue, nuke a bowl of popcorn, sit back, relax, and enjoy this flick.

Primer (2004) [...]

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Patently-O’s First-to-File Survey

Professor Dennis CrouchUniversity of MissouriSchool of Law

Not that I want to club anyone to death with stories about first-to-file patent reform, but given that Director Kappos has begun beating the patent reform drum, it’s becoming more important that all the facts are known.  Up to now, there really hasn’t been any consensus on whether [...]

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The USPTO Embraces the Blogosphere, Lobbies for First-to-File

Kappos: “Hey Ted, can you show me how these here tubes work?”

The U.S. Government Agency that is responsible for validating which technologies are new and useful has discovered a not so new, yet highly useful tool: web logs.

In an effort to open a line of communication between the USPTO and the [...]

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