Fish Tank Newsletter
Intellectual Property Insights from Fishman Stewart
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Celebrate World Intellectual Property Day with Finny
Fish Tank: Newsletter Volume 24, Issue 9
How will you be celebrating World IP Day on April 26th? Finny will be swimming around the world testing the cleanliness of our waters and visiting his friends under the sea because this year’s topic is “Sustainable Development Goals” (or “SDGs” for short).
Total Eclipse Promises a Solar Spectacle
FishBits: Mini Article Volume 24, Issue 6
This coming week a few lucky parts of North America are preparing for the total solar eclipse that will create a path of totality cutting through Mexico, Ohio, New York, and many spots in between!
Climate Change and the Patenting Process Doing Its Part
Fish Tank: Newsletter Volume 24, Issue 8
Climate change has increasingly dominated daily news cycles, signaling a growing urgency for action. The escalation of temperatures during the hottest months serves as a stark reminder of the immediate need for solutions.
More than One Way to Slice a Potato?
FishBits: Mini Article Volume 24, Issue 5
National Potato Chip Day in the US was on March 14, 2024. We hope you celebrated accordingly. We celebrated by reading up on an ongoing patent infringement lawsuit between two potato chip manufacturers.
Trump “Never Surrender” Sneakers: Could They Surrender To Louboutin Red Bottoms?
Fish Tank: Newsletter Volume 24, Issue 7
President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Read More
Taylor Swift Deepfakes Make Bad Blood with Fans
FishBits: Mini Article Volume 24, Issue 4
The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters.
Honoring John Posa of Fishman Stewart PLLC
Fish Tank: Newsletter Volume 24, Issue 6
Fishman Stewart PLLC is saddened to announce the sudden passing of attorney John Posa, who was of counsel to the firm.
Pokémon vs. Palworld – The Poké Ball is in Nintendo’s Court
Fish Tank: Newsletter Volume 24, Issue 5
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
Intellectual Property’s Role in Shaping the Super Bowl Experience
Fish Tank: Newsletter Volume 24, Issue 4
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
If You Like It Then You Shoulda Put a © on It.
FishBits: Mini Article Volume 24, Issue 3
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
Who Can Read My Manuscript?
FishBits: Mini Article Volume 24, Issue 2
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
A Deep Dive Into Submarine Trademark Filings
Fish Tank: Newsletter Volume 24, Issue 2
One common “leak” in the secrecy of a startup happens upon filing for a new trademark application for the trademark intended to be used for the confidential venture. Trademark snoops scour new trademark application filings for market intelligence
The Fellowship of Fandom
FishBits: Mini Article Volume 24, Issue 1
Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.
Tom Brady: Michigan’s Greatest QB Backup?
Fish Tank: Newsletter Volume 24, Issue 1
Twenty-six years ago, the Michigan Wolverines won a national championship in football. The greatest quarterback in NFL history, Tom Brady, was on that roster but didn’t start a single game, sitting behind starter Brian Griese.
The Poinsettia: the Christmas Flower with a History Grafted to Intellectual Property
FishBits: Mini Article Volume 23, Issue 24
The poinsettia, well known for its red and green foliage, is an ubiquitous symbol of the Christmas holiday season. It has become one of the most popular plants in the world, with annual sales of around 90 million units and a global retail impact of nearly $US 1 billion.
A Christmas Carol for Apple Watches: The Ghosts of Intellectual Property Past, Present, and Yet to Come
Fish Tank: Newsletter Volume 23, Issue 28
Apple is set to cease online sales of their popular Series 9 and Ultra 2 smartwatches, followed by a suspension of in-store sales on Christmas Eve. The abrupt halt in smartwatch sales stems from an ongoing intellectual property dispute.
Countdown to Public Domain Day
FishBits: Mini Article Volume 23, Issue 23
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.
Taylor Swift: David versus Goliath
Fish Tank: Newsletter Volume 23, Issue 27
Taylor Swift has had an incredible 2023. Her “Eras Tour” has been a massive success, becoming one of the most profitable tours for an artist of all time. The release of the concert film of the tour became the highest-grossing concert film of all time.
Happy Small Business Saturday!
FishBits: Mini Article Volume 23, Issue 22
Why is IP Protection Crucial for Small Businesses? We understand the challenges faced by small businesses, and we encourage you to take proactive measures to protect your intellectual property.
THANKSGIVING AND BALLOONING IP RIGHTS
Fish Tank: Newsletter Volume 23, Issue 26
Thanksgiving: turkey, pumpkin (or sweet potato) pie, family gatherings, and of course, a five-story floating Poppin’ Fresh.
Queen of Christmas Sued for Copyright Infringement – Again
FishBits: Mini Article Volume 23, Issue 21
Earlier this month, Mariah Carey was named in a lawsuit in federal district court for copyright infringement. The plaintiffs, musicians Andy Stone (stage name “Vince Vance”) and Troy Powers, allege that the so-called “Queen of Christmas” used their country music song “All I want for Christmas is You” as the Read More
TRUMP TOO SMALL, Another Trademark Prohibition to Fall?
Fish Tank: Newsletter Volume 23, Issue 25
The Supreme Court heard arguments last week regarding an appeal of the Patent and Trademark Office’s refusal to register TRUMP TOO SMALL for shirts and sweat shirts filed by Steve Elster
Tattoo Copyright Chronicles
FishBits: Mini Article Volume 23, Issue 20
The art of tattooing can be traced back to ancient times. In fact, archaeologists have uncovered tattoo tools that date back at least 12,000 years. However, lawsuits over tattoos and copyright law are a much, much more recent phenomenon.
COOL MOVES AND MAGIC TRICKS
Fish Tank: Newsletter Volume 23, Issue 24
Intellectual property lawyers don’t just prepare arcane treatises on scientific and technological topics, i.e., patent applications. We also have a host of cool moves and magic tricks up our sleeves.
Dressed to Travel
FishBits: Mini Article Volume 23, Issue 19
Trademarks travel. In many ways, that’s one of the primary purposes of a trademark—to distribute the reputation of the brand’s owner widely and efficiently. It is for this reason that trademark registrations issued by the U.S. Trademark Office are entitled to nationwide rights.
Remaking Friday the 13th
Fish Tank: Newsletter Volume 23, Issue 23
Happy Friday the 13th! In this appropriately timed article, we update you on the latest in the legal battle over the copyrights to the classic horror film Friday the 13th.
Lady Liberty and American Designs, One Million Tales of Innovation
Fish Tank: Newsletter Volume 23, Issue 22
US Design Patent No. 11,023 for the Statue of Lady Liberty issued in 1879 to the French designer, Frédéric-Auguste Bartholdi, whose “Liberty Enlightening the World” has stood overlooking New York Harbor since 1886.
Patenting Palate-Pleasers: Culinary Creations from Patents
Fish Tank: Newsletter Volume 23, Issue 21
In the realm of culinary creativity, where flavors and techniques continually evolve, patenting food and food products holds a crucial place at the table. Let's explore the intriguing history of patenting food products and processes in the United States, with a focus on specific patents that have left their mark Read More
Microchipped Cheese
FishBits: Mini Article Volume 23, Issue 18
Parmigiano-Reggiano, often simply referred to in the US as "Parmesan," is considered one of the most famous and prestigious cheeses in the world. Find out how companies are taking measures to uphold its reputation.
USER BEWARE, BLAME THE HUMAN!
Fish Tank: Newsletter Volume 23, Issue 20
In a lawsuit earlier this year, lawyers were sanctioned for citing six cases based on legal research using ChatGPT. The problem was that the cases cited to the court do not exist – i.e., they were entirely fabricated by ChatGPT.
Customs Recordation – A Cost-Effective Way to Combat Piracy
FishBits: Mini Article Volume 23, Issue 17
September 19th is International Talk Like a Pirate Day. In terms of intellectual property, “pirating” refers to the unauthorized copying, distribution, or use of someone else's creative work without their permission, and often for personal or financial gain.
We’ve Got Spirit, Yes We Do, We’ve Got Spirit, Don’t Get Sued.
Fish Tank: Newsletter Volume 23, Issue 19
School names and their indicia are now a big source of revenue and local schools’ merchandise is found alongside college and pro sports merchandise. However, included with the increased visibility from the monetization and use of school names and mascots are trademark infringement risks.
Get Ready to Celebrate National Red Wine Day
FishBits: Mini Article Volume 23, Issue 16
National Red Wine Day is observed each year on August 28th. This year, to celebrate, we are sharing a fun story about wine, trademarks, and legal battle over the rights to use a family name on wine labels.
AI: Artificial Inventor? USPTO Reenters the Conversation
Fish Tank: Newsletter Volume 23, Issue 18
USPTO recognizes the significance of the Thaler decision and the uncertainty around AI contributions to inventions.
Women’s World Cup and Football Designs for Your Watch Party
FishBits: Mini Article Volume 23, Issue 15
Cheer on the teams and help you plan the perfect watch party with some football-related inventions and designs.
Innovating Barbie: Patents on the Plastic Fashionista
Fish Tank: Newsletter Volume 23, Issue 17
Before Barbie danced her way onto the silver screen, she graced the pages of less popular media – the Official Gazette of the United States Patent Office, a weekly journal that publishes select portions of patents issued that week.
From Quill to Copyright: The First US Copyright Registration
FishBits: Mini Article Volume 23, Issue 14
Have you ever wondered what was the very first work to receive a copyright registration in the United States?
Your Guide to Generative AI
Fish Tank: Newsletter Volume 23, Issue 16
The words “generative artificial intelligence” or “generative AI” have been crowding headlines for months with stories about the potential benefits and perils to humans. This article breaks down the top questions and answers we encounter regarding AI and intellectual property.
A Banana Taped to a Wall – Copyright but no Infringement
FishBits: Mini Article Volume 23, Issue 13
How many ways are there to tape a banana to a wall? Yes, this is a serious legal question. In fact, this was the question presented in a recent copyright infringement lawsuit in Florida.
Ready Attorney One
Fish Tank: Newsletter Volume 23, Issue 15
The announcement of Apple’s new spatial computing headset (available early 2024) and recent news of an attorney affidavit admitting reliance on a fake court case produced by ChatGPT together conjure a strange mix of reactions.
Copyright and Fireworks
FishBits: Mini Article Volume 23, Issue 12
Under US copyright law, to receive protection, a work must be “fixed” which means that a work must be expressed or embodied in a material medium that lasts for more than a transitory period.
PATENTS IN RED, WHITE, AND BOOM!
Fish Tank: Newsletter Volume 23, Issue 14
The development of fireworks dates back over 2,000 years starting with the development of gunpowder in China. Initially, gunpowder was used for medicinal purposes, but its explosive properties were soon recognized, and Chinese innovators began harnessing gunpowder for entertainment, celebrations, and other applications.
Taking Pride in Innovation: LGBTQI+ Scientists and Inventors that Changed the World
FishBits: Mini Article Volume 23, Issue 11
Throughout history, members of the LGBTQI+ community have played a pivotal role in advancing scientific knowledge, engineering groundbreaking inventions, and challenging societal norms. In honor of Pride Month, we are delighted to shine a spotlight on the remarkable contributions of a few LGBTQI+ inventors and scientists.
Supreme Court to VIP: Bad Spaniels, Bad.
Fish Tank: Newsletter Volume 23, Issue 13
In a rare unanimous decision, the Supreme Court sided with Jack Daniel’s Properties, reversing the Ninth Circuit decision that found VIP Products’ dog chew toy, a non-infringing parody of the trademark rights Jack Daniel’s holds in its name, JACK DANIEL’S, OLD NO. 7, the label, and bottle design.
World Ocean Day and Patents Powering the Tide of Change
FishBits: Mini Article Volume 23, Issue 10
June 8th is World Ocean Day which raises awareness about the importance of the oceans and encourages conservation efforts to protect marine ecosystems. We are taking a moment to highlight some of the game changing inventions designed to keep our oceans clean.
TACO TUESDAY® and TASMANIAN DEVIL®, Two Trademarks in Demand
Fish Tank: Newsletter Volume 23, Issue 12
People like tacos on Tuesdays. They just do. It’s even fun to say: “Taco Tuesday.” But since 1995, Registrant has owned a federal trademark registration for “Taco Tuesday.” Not cool.
US Copyright Protection for AI-Generated Works
Fish Tank: Newsletter Volume 23, Issue 11
The US Copyright Office recently made headlines for partially revoking a copyright registration it previously issued for an AI-generated graphic novel. Artist Kristina Kashtanova used the Midjourney platform to create images that she included in her graphic novel called Zarya of the Dawn.
No More Discord Over This Chord: Sheeran Sings His Way To Copyright Win
Fish Tank: Newsletter Volume 23, Issue 10
Ed Sheeran recently successfully defended against a copyright infringement lawsuit over his 2014 hit “Thinking Out Loud.” Songwriter Ed Townsend’s heirs brought the suit alleging Sheeran had infringed Townsend’s copyrights in the 1973 Motown classic, “Let’s Get It On” which Townsend co-authored with Marvin Gaye.
Taco ‘Bout Innovation: Cinco de Mayo and the Importance of Design Patents
FishBits: Mini Article Volume 23, Issue 9
General Mills, Inc. obtained design patent USD759,342 for a “shaped tortilla” —a concept that has been around probably as long as the tortilla itself.
Reeling in Patent Protection: Section 102 and 103 Rejections in the USPTO Waters
Fish Tank: Newsletter Volume 23, Issue 9
In the Midwest, open water fishing season is upon us. As with traveling on the Great Lakes, navigating the choppy waters of the United States Patent and Trademark Office (USPTO) can be a daunting endeavor for any applicant angling to protect their innovations.
Tax Loopholes and Lox: How a Cream Cheese-Stuffed Bagel Exposed a Delicious Sandwich-Tax Loophole
FishBits: Mini Article Volume 23, Issue 8
Inventors and designers have the challenging job of inventing and designing around many issues: prior art, competitive products, budgets, physics, consumer safety, market demand, supply chain hiccups, government regulations, and … taxes.
Charles Dickens and the Ghost of Copyright Future
Fish Tank: Newsletter Volume 23, Issue 8
American publishing houses consistently snapped up the works of the famous British author, re-published them in cheap editions, which sold all over the country, and they pocketed the proceeds without any remuneration to Charles Dickens.
Easter Eggs and Copyright Traps
FishBits: Mini Article Volume 23, Issue 7
For many of us, the term “Easter egg” conjures up memories of dying hard-boiled eggs in bright colors or hunting for treasures and candies stuffed inside plastic orbs hidden around the neighborhood.
Doggy Doo, Doggy Don’t: A Supreme Court Issue. (No, Really.)
FishBits: Mini Article Volume 23, Issue 6
When a Bad Spaniel leaves a doggy stain on a famous brand’s proverbial carpet, even the Supreme Court can have fun.
Take That to the Bank: Securing Your Creativity
Fish Tank: Newsletter Volume 23, Issue 7
Each of us is creative. The key is to leverage that creativity, converting it into an intellectual property asset that enhances enterprise value.
How Proprietary Trademarks Fall into the Public Domain as Generic Terms
Fish Tank: Newsletter Volume 23, Issue 6
People are familiar with the most famous examples of trademarks which have been “lost”—or almost lost.
Happy Pi Day
FishBits: Mini Article Volume 23, Issue 5
Each year, March 14th is celebrated as Pi Day around the world. This day is dedicated to the mathematical constant π, which represents the ratio of a circle's circumference to its diameter.
Trade-MARK MADNESS
Fish Tank: Newsletter Volume 23, Issue 5
If you are looking to capitalize on the NCAA tournament, make sure to draw up your promotional play with a trademark attorney beforehand.
AI Stands for … Art Infringers?
FishBits: Mini Article Volume 23, Issue 4
Artificial Intelligence tools have been all the rage in recent months. From ChatGPT to Midjourney, these tools take different forms but the premise is the same: a user enters a prompt in text form, and the AI tool creates a response in text-form or image.
Which U.S. President Received a Patent?
Fish Tank: Newsletter Volume 23, Issue 4
On February 20th we celebrate Presidents’ Day. In honor of the holiday, we wanted to celebrate the only U.S. President to receive a patent.
Nothing Says Love Like an NFT
FishBits: Mini Article Volume 23, Issue 3
Looking for the perfect Valentine’s Day gift? How about a non-fungible token (“NFT” for short). NFTs are digital certificates of ownership of assets, such as artwork (physical or virtual).
Patent Demand Grew at IP5 Offices In 2021
Fish Tank: Newsletter Volume 23, Issue 3
The world’s five largest IP offices (“IP5”)—representing the patent offices of Europe, Japan, South Korea, China, and the United States—have published the IP5 Statistics Report 2021.
Public Service Announcement: No. Mailing Something to Yourself is Not a Substitute for Copyright Registration or a Patent.
FishBits: Mini Article Volume 23, Issue 2
This practice is often called the “Poor Man’s Copyright” and the idea has been around for a long time. The theory is that mailing a copy of a work to yourself will provide you with certain legal rights akin to a copyright registration so long as the envelope remains sealed Read More
2022 Recap – Largest Patent Damages Awards
Fish Tank: Newsletter Volume 23, Issue 2
$2 billion! No, that is not the latest lottery jackpot. It is the total amount of the five largest patent damages awards in 2022. Take a brief look at the patented technology involved in each of the top five cases from 2022.
Happy (Belated) Public Domain Day!
FishBits: Mini Article Volume 23, Issue 1
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works. US copyright law provides the copyright owner with certain exclusive rights for a limited time, after which the works fall into the public domain.
Bot vs. Man, A Holiday Bout For Rights
Fish Tank: Newsletter Volume 23, Issue 1
Unlike the Matrix, Star Wars, and Austin Powers, respectively, Chat Generative Pre-trained Transformer, or ChatGPT, is not a robot in disguise or a bot of science fiction. We, the users, provide prompts in text form, and ChatGPT converses in response to the prompts.
Long Live the Queen of Christmas!
Fish Tank: Newsletter Volume 22, Issue 26
Mariah Carey filed a U.S. trademark application attempting to claim trademark rights to “QUEEN OF CHRISTMAS” for a wide range of different goods and services including alcoholic beverages, online retail services, dog collars, musical recordings, body lotions, spa items, Christmas decorations, and even lactose-free milk.
Top 7 High-Profile Trade Secret Cases from 2022
FishBits: Mini Article Volume 22, Issue 25
Trade secrets are everywhere—and so are legal battles centering on trade secrets. In 2022, a number of trade secret lawsuits involving famous personalities and brands grabbed headlines. Below we dive into 2022’s top seven high-profile trade secret cases.
Fun Holiday Patents
Fish Tank: Newsletter Volume 22, Issue 25
Arguably at the top of the list for creativity is US7258592, a patent directed to a Santa Claus Visit Kit. Parents will want to keep this kit hidden from their children, as it is designed to create an illusion that Santa Claus has visited a home.
The Benefits of Copyright Registration
FishBits: Mini Article Volume 22, Issue 24
Recently, we filed an application to register the copyright for Finny the Fish. In the United States, and in many other countries, copyright protection arises at the moment a work is fixed in tangible medium. So, why would we take the extra step to register Finny’s copyright?
MUSICIANS vs. POLITICAL CAMPAIGNS: Who Wins?
Fish Tank: Newsletter Volume 22, Issue 24
With the 2022 midterms (almost) in the rearview mirror, political junkies are now free to turn their full attention to the 2024 presidential election. Today’s focus is on the tug of war that can occur when candidates play music at campaign events.
Can You Copyright a Logo?
FishBits: Mini Article Volume 22, Issue 23
Both trademark law and copyright law may protect your logo, although the protection they provide differs. Trademark law would prohibit the unauthorized use of another’s logo that is sufficiently similar to your logo such that it is likely to cause confusion in the marketplace.
COPYRIGHT PROTECTION FOR SHOES, JEWELLERY, FURNITURE? In Italy you can!
Fish Tank: Newsletter Volume 22, Issue 23
In the U.S., copyright protection generally does not extend to “useful” articles, like shoes, but can protect the designs on shoes, like that of the Yeezy Boost 350 sneakers. However, in Italy, the global fashion powerhouse since the 15th century, copyright law can protect shoes—like Moon Boots.
Who Owns Your Logo?
FishBits: Mini Article Volume 22, Issue 22
Under US copyright law, in most instances, if an independent designer creates your logo, then the independent designer, not you as the contracting party, would own the copyright.
Trick-or-Treat: Trademark Infringement or Harmless Halloween Fun?
Fish Tank: Newsletter Volume 22, Issue 22
Consumers have grown accustomed to seeing knock-off costumes based on popular celebrities and movie or book characters. Some of these knock-off costumes, while attempting to skirt intellectual property violations, are providing unexpected humor for shoppers.
LUKA DONCIC is Owned by His Mom. Maybe.
FishBits: Mini Article Volume 22, Issue 21
Should a 19-year old’s consent to their NIL rights be binding as they mature? Should unilateral revocation of NIL rights be permitted?
COPY AND PASTE? NOT SO FAST. Some Copyright Caution.
Fish Tank: Newsletter Volume 22, Issue 21
Have you read an interesting article or social media post that just “speaks to you” – saying exactly what you want to say yourself, or proving a point you really want to make?
Trademark the Rainbow
FishBits: Mini Article Volume 22, Issue 20
Trademarks are an important aspect to a business’ success. They potentially are anything that could be perceived by consumers to identify one merchant’s goods or services.
Amazon, Infringers and Design Patents: A Cautionary Tale
Fish Tank: Newsletter Volume 22, Issue 20
It is all too common of a story for sellers on Amazon: a listing pops up purporting to sell a replica of your patented, copyrighted, or trademarked goods.
Will “The Real USFL” Please Stand Up?
FishBits: Mini Article Volume 22, Issue 19
After a 37-year absence, the United States Football League (“USFL”) returned this year for another season!… Or did it?
Patents – The Great Deal for Society
Fish Tank: Newsletter Volume 22, Issue 19
patents provide their owners with the legal right to exclude anyone else from practicing (making or using) the patented invention for a limited period of time.
Mickey Mouse Copyright Expires at the End of 2023
FishBits: Mini Article Volume 22, Issue 18
Mickey Mouse’s copyright is set to expire at the end of 2023—nearly 95 years after his first iteration, better known as “Steamboat Willie,” was created on October 1, 1928.
THE College Football Trademark to End All Trademarks… Or Not
Fish Tank: Newsletter Volume 22, Issue 18
College football’s week zero [yes, zero] has come and gone without any wild trademark registrations from the sport. For trademark friendly-college football fans, the biggest news of the season came from Columbus, Ohio.
Artificial Intelligence Resurrects Val Kilmer’s Voice for ‘Top Gun: Maverik
FishBits: Mini Article Volume 22, Issue 17
Top Gun: Maverik has dominated the box office this summer, surpassing $1.37 billion globally, and has become Tom Cruise’s highest grossing movie of all time. To the delight of Top Gun fans, Val Kilmer returned as Tom “Iceman” Kazansky.
Strumming Through Guitar Patents
Fish Tank: Newsletter Volume 22, Issue 17
Humans have been making and using musical instruments since at least the Paleolithic age—long before patent systems were put into place to protect inventions.
James Webb Space Telescope Images Released to the Public and to the Public Domain
FishBits: Mini Article Volume 22, Issue 16
On July 12, 2022, the world was collectively wowed by the stunning images sent back to Earth by the James Webb* Space Telescope.
Does Free Speech Protection Apply to Shoes?
Fish Tank: Newsletter Volume 22, Issue 16
A trademark lawsuit brought by Vans against MSCHF, a Brooklyn-based art collective behind musician/artist Tyga’s “Wavy Baby” sneaker design.
The Right Golf Ball
FishBits: Mini Article Volume 22, Issue 15
Professional golfers recently assembled in Detroit, Michigan to compete in the PGA Tour’s Rocket Mortgage Classic at the Detroit Golf Club. Each player brought along a golf bag full of cutting-edge technology.
Paris Hilton Heads to Copyright Small Claims Court
Fish Tank: Newsletter Volume 22, Issue 15
In June 2022, the newly created Copyright Claims Board (“CCB”) began hearing cases. The claimant Angela Jarman filed an action against Paris Hilton’s company 11:11 Digital for $12,000 in damages for copyright infringement.
Haribo Gummi Bears Celebrates 100 Years
FishBits: Mini Article Volume 22, Issue 14
2022 marks the 100th birthday of Haribo Goldbears, the world’s first gummi bears. Haribo’s flagship product is available in more than 100 countries with 160 million Haribo gummi bears being shipped from its factories around the world every day!
Dairy Queen’s “Blizzard” Left Out in the Cold
Fish Tank: Newsletter Volume 22, Issue 14
In the heat of the summer, Dairy Queen loses enforcement battle over "Blizzard" trademark. Attorney Zachary Grant explores the icy lawsuit between the frozen dessert giant and an office supply company.
The King of Rock and Roll and Weddings
FishBits: Mini Article Volume 22, Issue 13
Many Las Vegas wedding chapels are "All Shook Up" about a demand letter from an Elvis Presley trademark owner. Attorney Zachary Grant examines the future of The King of Rock and Roll's place as an officiant.
The European Union Refuses to “THINK DIFFERENT”
Fish Tank: Newsletter Volume 22, Issue 13
Apple loses its EU registration for the iconic THINK DIFFERENT trademark. Attorney Linda Callaghan unravels this cautionary tale in trademark law.
The Results are in on Amazon’s Ambitious Brand Enforcement Technology
FishBits: Mini Article Volume 22, Issue 12
Amazon reported that over 3 million counterfeit products were seized in 2021. Find out how to protect your brand with attorney Art Hallman.
The Death of Winnie-the-Pooh (As We Knew Him)
Fish Tank: Newsletter Volume 22, Issue 12
Winnie-the-Pooh is in the public domain, and the Hundred Acre Woods will never be the same. Michelle Visser explores the new adaptations of the famous bear; Barbara Mandell speaks to Insider about Kendall Jenner's recent trademark dispute.
The Colorful Origins of the Pride Flag
FishBits: Mini Article Volume 22, Issue 11
The rainbow flag waves high this month as we celebrate LGBTQ+ Pride. Learn about the origins and intellectual property of the colorful flag with attorney Kristyn Webb.
April Showers Bring May Plant Patents
Fish Tank: Newsletter Volume 22, Issue 11
Take a moment to smell the flowers and learn about the world of plant patents with attorney Melissa Chapman; Michigan Business Law Journal features Maxwell Goss.
Famous Water Toy Inventor Inducted into Hall of Fame
FishBits: Mini Article Volume 22, Issue 10
Did you know the inventor of the iconic Super Soaker toy is a nuclear engineer who worked for NASA? Learn more about Lonnie Johnson and his induction into the National Inventors Hall of Fame in this week's Fish Bits newsletter.
Celebrate World Intellectual Property Day with Finny
Fish Tank: Newsletter Volume 24, Issue 9
How will you be celebrating World IP Day on April 26th? Finny will be swimming around the world testing the cleanliness of our waters and visiting his friends under the sea because this year’s topic is “Sustainable Development Goals” (or “SDGs” for short).
Read MoreTotal Eclipse Promises a Solar Spectacle
FishBits: Mini Article Volume 24, Issue 6
This coming week a few lucky parts of North America are preparing for the total solar eclipse that will create a path of totality cutting through Mexico, Ohio, New York, and many spots in between!
Read MoreClimate Change and the Patenting Process Doing Its Part
Fish Tank: Newsletter Volume 24, Issue 8
Climate change has increasingly dominated daily news cycles, signaling a growing urgency for action. The escalation of temperatures during the hottest months serves as a stark reminder of the immediate need for solutions.
Read MoreMore than One Way to Slice a Potato?
FishBits: Mini Article Volume 24, Issue 5
National Potato Chip Day in the US was on March 14, 2024. We hope you celebrated accordingly. We celebrated by reading up on an ongoing patent infringement lawsuit between two potato chip manufacturers.
Read MoreTrump “Never Surrender” Sneakers: Could They Surrender To Louboutin Red Bottoms?
Fish Tank: Newsletter Volume 24, Issue 7
President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Louboutin.
Read MoreTaylor Swift Deepfakes Make Bad Blood with Fans
FishBits: Mini Article Volume 24, Issue 4
The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters.
Read MoreHonoring John Posa of Fishman Stewart PLLC
Fish Tank: Newsletter Volume 24, Issue 6
Fishman Stewart PLLC is saddened to announce the sudden passing of attorney John Posa, who was of counsel to the firm.
Read MorePokémon vs. Palworld – The Poké Ball is in Nintendo’s Court
Fish Tank: Newsletter Volume 24, Issue 5
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
Read MoreIntellectual Property’s Role in Shaping the Super Bowl Experience
Fish Tank: Newsletter Volume 24, Issue 4
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Read MoreIf You Like It Then You Shoulda Put a © on It.
FishBits: Mini Article Volume 24, Issue 3
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Read MoreDetroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
Read MoreWho Can Read My Manuscript?
FishBits: Mini Article Volume 24, Issue 2
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
Read MoreA Deep Dive Into Submarine Trademark Filings
Fish Tank: Newsletter Volume 24, Issue 2
One common “leak” in the secrecy of a startup happens upon filing for a new trademark application for the trademark intended to be used for the confidential venture. Trademark snoops scour new trademark application filings for market intelligence
Read MoreThe Fellowship of Fandom
FishBits: Mini Article Volume 24, Issue 1
Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.
Read MoreTom Brady: Michigan’s Greatest QB Backup?
Fish Tank: Newsletter Volume 24, Issue 1
Twenty-six years ago, the Michigan Wolverines won a national championship in football. The greatest quarterback in NFL history, Tom Brady, was on that roster but didn’t start a single game, sitting behind starter Brian Griese.
Read MoreThe Poinsettia: the Christmas Flower with a History Grafted to Intellectual Property
FishBits: Mini Article Volume 23, Issue 24
The poinsettia, well known for its red and green foliage, is an ubiquitous symbol of the Christmas holiday season. It has become one of the most popular plants in the world, with annual sales of around 90 million units and a global retail impact of nearly $US 1 billion.
Read MoreA Christmas Carol for Apple Watches: The Ghosts of Intellectual Property Past, Present, and Yet to Come
Fish Tank: Newsletter Volume 23, Issue 28
Apple is set to cease online sales of their popular Series 9 and Ultra 2 smartwatches, followed by a suspension of in-store sales on Christmas Eve. The abrupt halt in smartwatch sales stems from an ongoing intellectual property dispute.
Read MoreCountdown to Public Domain Day
FishBits: Mini Article Volume 23, Issue 23
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.
Read MoreTaylor Swift: David versus Goliath
Fish Tank: Newsletter Volume 23, Issue 27
Taylor Swift has had an incredible 2023. Her “Eras Tour” has been a massive success, becoming one of the most profitable tours for an artist of all time. The release of the concert film of the tour became the highest-grossing concert film of all time.
Read MoreHappy Small Business Saturday!
FishBits: Mini Article Volume 23, Issue 22
Why is IP Protection Crucial for Small Businesses? We understand the challenges faced by small businesses, and we encourage you to take proactive measures to protect your intellectual property.
Read MoreTHANKSGIVING AND BALLOONING IP RIGHTS
Fish Tank: Newsletter Volume 23, Issue 26
Thanksgiving: turkey, pumpkin (or sweet potato) pie, family gatherings, and of course, a five-story floating Poppin’ Fresh.
Read MoreQueen of Christmas Sued for Copyright Infringement – Again
FishBits: Mini Article Volume 23, Issue 21
Earlier this month, Mariah Carey was named in a lawsuit in federal district court for copyright infringement. The plaintiffs, musicians Andy Stone (stage name “Vince Vance”) and Troy Powers, allege that the so-called “Queen of Christmas” used their country music song “All I want for Christmas is You” as the basis for her hit pop song with the same title.
Read MoreTRUMP TOO SMALL, Another Trademark Prohibition to Fall?
Fish Tank: Newsletter Volume 23, Issue 25
The Supreme Court heard arguments last week regarding an appeal of the Patent and Trademark Office’s refusal to register TRUMP TOO SMALL for shirts and sweat shirts filed by Steve Elster
Read MoreTattoo Copyright Chronicles
FishBits: Mini Article Volume 23, Issue 20
The art of tattooing can be traced back to ancient times. In fact, archaeologists have uncovered tattoo tools that date back at least 12,000 years. However, lawsuits over tattoos and copyright law are a much, much more recent phenomenon.
Read MoreCOOL MOVES AND MAGIC TRICKS
Fish Tank: Newsletter Volume 23, Issue 24
Intellectual property lawyers don’t just prepare arcane treatises on scientific and technological topics, i.e., patent applications. We also have a host of cool moves and magic tricks up our sleeves.
Read MoreDressed to Travel
FishBits: Mini Article Volume 23, Issue 19
Trademarks travel. In many ways, that’s one of the primary purposes of a trademark—to distribute the reputation of the brand’s owner widely and efficiently. It is for this reason that trademark registrations issued by the U.S. Trademark Office are entitled to nationwide rights.
Read MoreRemaking Friday the 13th
Fish Tank: Newsletter Volume 23, Issue 23
Happy Friday the 13th! In this appropriately timed article, we update you on the latest in the legal battle over the copyrights to the classic horror film Friday the 13th.
Read MoreLady Liberty and American Designs, One Million Tales of Innovation
Fish Tank: Newsletter Volume 23, Issue 22
US Design Patent No. 11,023 for the Statue of Lady Liberty issued in 1879 to the French designer, Frédéric-Auguste Bartholdi, whose “Liberty Enlightening the World” has stood overlooking New York Harbor since 1886.
Read MorePatenting Palate-Pleasers: Culinary Creations from Patents
Fish Tank: Newsletter Volume 23, Issue 21
In the realm of culinary creativity, where flavors and techniques continually evolve, patenting food and food products holds a crucial place at the table. Let's explore the intriguing history of patenting food products and processes in the United States, with a focus on specific patents that have left their mark on the culinary world.
Read MoreMicrochipped Cheese
FishBits: Mini Article Volume 23, Issue 18
Parmigiano-Reggiano, often simply referred to in the US as "Parmesan," is considered one of the most famous and prestigious cheeses in the world. Find out how companies are taking measures to uphold its reputation.
Read MoreUSER BEWARE, BLAME THE HUMAN!
Fish Tank: Newsletter Volume 23, Issue 20
In a lawsuit earlier this year, lawyers were sanctioned for citing six cases based on legal research using ChatGPT. The problem was that the cases cited to the court do not exist – i.e., they were entirely fabricated by ChatGPT.
Read MoreCustoms Recordation – A Cost-Effective Way to Combat Piracy
FishBits: Mini Article Volume 23, Issue 17
September 19th is International Talk Like a Pirate Day. In terms of intellectual property, “pirating” refers to the unauthorized copying, distribution, or use of someone else's creative work without their permission, and often for personal or financial gain.
Read MoreWe’ve Got Spirit, Yes We Do, We’ve Got Spirit, Don’t Get Sued.
Fish Tank: Newsletter Volume 23, Issue 19
School names and their indicia are now a big source of revenue and local schools’ merchandise is found alongside college and pro sports merchandise. However, included with the increased visibility from the monetization and use of school names and mascots are trademark infringement risks.
Read MoreGet Ready to Celebrate National Red Wine Day
FishBits: Mini Article Volume 23, Issue 16
National Red Wine Day is observed each year on August 28th. This year, to celebrate, we are sharing a fun story about wine, trademarks, and legal battle over the rights to use a family name on wine labels.
Read MoreAI: Artificial Inventor? USPTO Reenters the Conversation
Fish Tank: Newsletter Volume 23, Issue 18
USPTO recognizes the significance of the Thaler decision and the uncertainty around AI contributions to inventions.
Read MoreWomen’s World Cup and Football Designs for Your Watch Party
FishBits: Mini Article Volume 23, Issue 15
Cheer on the teams and help you plan the perfect watch party with some football-related inventions and designs.
Read MoreInnovating Barbie: Patents on the Plastic Fashionista
Fish Tank: Newsletter Volume 23, Issue 17
Before Barbie danced her way onto the silver screen, she graced the pages of less popular media – the Official Gazette of the United States Patent Office, a weekly journal that publishes select portions of patents issued that week.
Read MoreFrom Quill to Copyright: The First US Copyright Registration
FishBits: Mini Article Volume 23, Issue 14
Have you ever wondered what was the very first work to receive a copyright registration in the United States?
Read MoreYour Guide to Generative AI
Fish Tank: Newsletter Volume 23, Issue 16
The words “generative artificial intelligence” or “generative AI” have been crowding headlines for months with stories about the potential benefits and perils to humans. This article breaks down the top questions and answers we encounter regarding AI and intellectual property.
Read MoreA Banana Taped to a Wall – Copyright but no Infringement
FishBits: Mini Article Volume 23, Issue 13
How many ways are there to tape a banana to a wall? Yes, this is a serious legal question. In fact, this was the question presented in a recent copyright infringement lawsuit in Florida.
Read MoreReady Attorney One
Fish Tank: Newsletter Volume 23, Issue 15
The announcement of Apple’s new spatial computing headset (available early 2024) and recent news of an attorney affidavit admitting reliance on a fake court case produced by ChatGPT together conjure a strange mix of reactions.
Read MoreCopyright and Fireworks
FishBits: Mini Article Volume 23, Issue 12
Under US copyright law, to receive protection, a work must be “fixed” which means that a work must be expressed or embodied in a material medium that lasts for more than a transitory period.
Read MorePATENTS IN RED, WHITE, AND BOOM!
Fish Tank: Newsletter Volume 23, Issue 14
The development of fireworks dates back over 2,000 years starting with the development of gunpowder in China. Initially, gunpowder was used for medicinal purposes, but its explosive properties were soon recognized, and Chinese innovators began harnessing gunpowder for entertainment, celebrations, and other applications.
Read MoreTaking Pride in Innovation: LGBTQI+ Scientists and Inventors that Changed the World
FishBits: Mini Article Volume 23, Issue 11
Throughout history, members of the LGBTQI+ community have played a pivotal role in advancing scientific knowledge, engineering groundbreaking inventions, and challenging societal norms. In honor of Pride Month, we are delighted to shine a spotlight on the remarkable contributions of a few LGBTQI+ inventors and scientists.
Read MoreSupreme Court to VIP: Bad Spaniels, Bad.
Fish Tank: Newsletter Volume 23, Issue 13
In a rare unanimous decision, the Supreme Court sided with Jack Daniel’s Properties, reversing the Ninth Circuit decision that found VIP Products’ dog chew toy, a non-infringing parody of the trademark rights Jack Daniel’s holds in its name, JACK DANIEL’S, OLD NO. 7, the label, and bottle design.
Read MoreWorld Ocean Day and Patents Powering the Tide of Change
FishBits: Mini Article Volume 23, Issue 10
June 8th is World Ocean Day which raises awareness about the importance of the oceans and encourages conservation efforts to protect marine ecosystems. We are taking a moment to highlight some of the game changing inventions designed to keep our oceans clean.
Read MoreTACO TUESDAY® and TASMANIAN DEVIL®, Two Trademarks in Demand
Fish Tank: Newsletter Volume 23, Issue 12
People like tacos on Tuesdays. They just do. It’s even fun to say: “Taco Tuesday.” But since 1995, Registrant has owned a federal trademark registration for “Taco Tuesday.” Not cool.
Read MoreUS Copyright Protection for AI-Generated Works
Fish Tank: Newsletter Volume 23, Issue 11
The US Copyright Office recently made headlines for partially revoking a copyright registration it previously issued for an AI-generated graphic novel. Artist Kristina Kashtanova used the Midjourney platform to create images that she included in her graphic novel called Zarya of the Dawn.
Read MoreNo More Discord Over This Chord: Sheeran Sings His Way To Copyright Win
Fish Tank: Newsletter Volume 23, Issue 10
Ed Sheeran recently successfully defended against a copyright infringement lawsuit over his 2014 hit “Thinking Out Loud.” Songwriter Ed Townsend’s heirs brought the suit alleging Sheeran had infringed Townsend’s copyrights in the 1973 Motown classic, “Let’s Get It On” which Townsend co-authored with Marvin Gaye.
Read MoreTaco ‘Bout Innovation: Cinco de Mayo and the Importance of Design Patents
FishBits: Mini Article Volume 23, Issue 9
General Mills, Inc. obtained design patent USD759,342 for a “shaped tortilla” —a concept that has been around probably as long as the tortilla itself.
Read MoreReeling in Patent Protection: Section 102 and 103 Rejections in the USPTO Waters
Fish Tank: Newsletter Volume 23, Issue 9
In the Midwest, open water fishing season is upon us. As with traveling on the Great Lakes, navigating the choppy waters of the United States Patent and Trademark Office (USPTO) can be a daunting endeavor for any applicant angling to protect their innovations.
Read MoreTax Loopholes and Lox: How a Cream Cheese-Stuffed Bagel Exposed a Delicious Sandwich-Tax Loophole
FishBits: Mini Article Volume 23, Issue 8
Inventors and designers have the challenging job of inventing and designing around many issues: prior art, competitive products, budgets, physics, consumer safety, market demand, supply chain hiccups, government regulations, and … taxes.
Read MoreCharles Dickens and the Ghost of Copyright Future
Fish Tank: Newsletter Volume 23, Issue 8
American publishing houses consistently snapped up the works of the famous British author, re-published them in cheap editions, which sold all over the country, and they pocketed the proceeds without any remuneration to Charles Dickens.
Read MoreEaster Eggs and Copyright Traps
FishBits: Mini Article Volume 23, Issue 7
For many of us, the term “Easter egg” conjures up memories of dying hard-boiled eggs in bright colors or hunting for treasures and candies stuffed inside plastic orbs hidden around the neighborhood.
Read MoreDoggy Doo, Doggy Don’t: A Supreme Court Issue. (No, Really.)
FishBits: Mini Article Volume 23, Issue 6
When a Bad Spaniel leaves a doggy stain on a famous brand’s proverbial carpet, even the Supreme Court can have fun.
Read MoreTake That to the Bank: Securing Your Creativity
Fish Tank: Newsletter Volume 23, Issue 7
Each of us is creative. The key is to leverage that creativity, converting it into an intellectual property asset that enhances enterprise value.
Read MoreHow Proprietary Trademarks Fall into the Public Domain as Generic Terms
Fish Tank: Newsletter Volume 23, Issue 6
People are familiar with the most famous examples of trademarks which have been “lost”—or almost lost.
Read MoreHappy Pi Day
FishBits: Mini Article Volume 23, Issue 5
Each year, March 14th is celebrated as Pi Day around the world. This day is dedicated to the mathematical constant π, which represents the ratio of a circle's circumference to its diameter.
Read MoreTrade-MARK MADNESS
Fish Tank: Newsletter Volume 23, Issue 5
If you are looking to capitalize on the NCAA tournament, make sure to draw up your promotional play with a trademark attorney beforehand.
Read MoreAI Stands for … Art Infringers?
FishBits: Mini Article Volume 23, Issue 4
Artificial Intelligence tools have been all the rage in recent months. From ChatGPT to Midjourney, these tools take different forms but the premise is the same: a user enters a prompt in text form, and the AI tool creates a response in text-form or image.
Read MoreWhich U.S. President Received a Patent?
Fish Tank: Newsletter Volume 23, Issue 4
On February 20th we celebrate Presidents’ Day. In honor of the holiday, we wanted to celebrate the only U.S. President to receive a patent.
Read MoreNothing Says Love Like an NFT
FishBits: Mini Article Volume 23, Issue 3
Looking for the perfect Valentine’s Day gift? How about a non-fungible token (“NFT” for short). NFTs are digital certificates of ownership of assets, such as artwork (physical or virtual).
Read MorePatent Demand Grew at IP5 Offices In 2021
Fish Tank: Newsletter Volume 23, Issue 3
The world’s five largest IP offices (“IP5”)—representing the patent offices of Europe, Japan, South Korea, China, and the United States—have published the IP5 Statistics Report 2021.
Read MorePublic Service Announcement: No. Mailing Something to Yourself is Not a Substitute for Copyright Registration or a Patent.
FishBits: Mini Article Volume 23, Issue 2
This practice is often called the “Poor Man’s Copyright” and the idea has been around for a long time. The theory is that mailing a copy of a work to yourself will provide you with certain legal rights akin to a copyright registration so long as the envelope remains sealed and bears a postmark by the United States Postal Service.
Read More2022 Recap – Largest Patent Damages Awards
Fish Tank: Newsletter Volume 23, Issue 2
$2 billion! No, that is not the latest lottery jackpot. It is the total amount of the five largest patent damages awards in 2022. Take a brief look at the patented technology involved in each of the top five cases from 2022.
Read MoreHappy (Belated) Public Domain Day!
FishBits: Mini Article Volume 23, Issue 1
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works. US copyright law provides the copyright owner with certain exclusive rights for a limited time, after which the works fall into the public domain.
Read MoreBot vs. Man, A Holiday Bout For Rights
Fish Tank: Newsletter Volume 23, Issue 1
Unlike the Matrix, Star Wars, and Austin Powers, respectively, Chat Generative Pre-trained Transformer, or ChatGPT, is not a robot in disguise or a bot of science fiction. We, the users, provide prompts in text form, and ChatGPT converses in response to the prompts.
Read MoreLong Live the Queen of Christmas!
Fish Tank: Newsletter Volume 22, Issue 26
Mariah Carey filed a U.S. trademark application attempting to claim trademark rights to “QUEEN OF CHRISTMAS” for a wide range of different goods and services including alcoholic beverages, online retail services, dog collars, musical recordings, body lotions, spa items, Christmas decorations, and even lactose-free milk.
Read MoreTop 7 High-Profile Trade Secret Cases from 2022
FishBits: Mini Article Volume 22, Issue 25
Trade secrets are everywhere—and so are legal battles centering on trade secrets. In 2022, a number of trade secret lawsuits involving famous personalities and brands grabbed headlines. Below we dive into 2022’s top seven high-profile trade secret cases.
Read MoreFun Holiday Patents
Fish Tank: Newsletter Volume 22, Issue 25
Arguably at the top of the list for creativity is US7258592, a patent directed to a Santa Claus Visit Kit. Parents will want to keep this kit hidden from their children, as it is designed to create an illusion that Santa Claus has visited a home.
Read MoreThe Benefits of Copyright Registration
FishBits: Mini Article Volume 22, Issue 24
Recently, we filed an application to register the copyright for Finny the Fish. In the United States, and in many other countries, copyright protection arises at the moment a work is fixed in tangible medium. So, why would we take the extra step to register Finny’s copyright?
Read MoreMUSICIANS vs. POLITICAL CAMPAIGNS: Who Wins?
Fish Tank: Newsletter Volume 22, Issue 24
With the 2022 midterms (almost) in the rearview mirror, political junkies are now free to turn their full attention to the 2024 presidential election. Today’s focus is on the tug of war that can occur when candidates play music at campaign events.
Read MoreCan You Copyright a Logo?
FishBits: Mini Article Volume 22, Issue 23
Both trademark law and copyright law may protect your logo, although the protection they provide differs. Trademark law would prohibit the unauthorized use of another’s logo that is sufficiently similar to your logo such that it is likely to cause confusion in the marketplace.
Read MoreCOPYRIGHT PROTECTION FOR SHOES, JEWELLERY, FURNITURE? In Italy you can!
Fish Tank: Newsletter Volume 22, Issue 23
In the U.S., copyright protection generally does not extend to “useful” articles, like shoes, but can protect the designs on shoes, like that of the Yeezy Boost 350 sneakers. However, in Italy, the global fashion powerhouse since the 15th century, copyright law can protect shoes—like Moon Boots.
Read MoreWho Owns Your Logo?
FishBits: Mini Article Volume 22, Issue 22
Under US copyright law, in most instances, if an independent designer creates your logo, then the independent designer, not you as the contracting party, would own the copyright.
Read MoreTrick-or-Treat: Trademark Infringement or Harmless Halloween Fun?
Fish Tank: Newsletter Volume 22, Issue 22
Consumers have grown accustomed to seeing knock-off costumes based on popular celebrities and movie or book characters. Some of these knock-off costumes, while attempting to skirt intellectual property violations, are providing unexpected humor for shoppers.
Read MoreLUKA DONCIC is Owned by His Mom. Maybe.
FishBits: Mini Article Volume 22, Issue 21
Should a 19-year old’s consent to their NIL rights be binding as they mature? Should unilateral revocation of NIL rights be permitted?
Read MoreCOPY AND PASTE? NOT SO FAST. Some Copyright Caution.
Fish Tank: Newsletter Volume 22, Issue 21
Have you read an interesting article or social media post that just “speaks to you” – saying exactly what you want to say yourself, or proving a point you really want to make?
Read MoreTrademark the Rainbow
FishBits: Mini Article Volume 22, Issue 20
Trademarks are an important aspect to a business’ success. They potentially are anything that could be perceived by consumers to identify one merchant’s goods or services.
Read MoreAmazon, Infringers and Design Patents: A Cautionary Tale
Fish Tank: Newsletter Volume 22, Issue 20
It is all too common of a story for sellers on Amazon: a listing pops up purporting to sell a replica of your patented, copyrighted, or trademarked goods.
Read MoreWill “The Real USFL” Please Stand Up?
FishBits: Mini Article Volume 22, Issue 19
After a 37-year absence, the United States Football League (“USFL”) returned this year for another season!… Or did it?
Read MorePatents – The Great Deal for Society
Fish Tank: Newsletter Volume 22, Issue 19
patents provide their owners with the legal right to exclude anyone else from practicing (making or using) the patented invention for a limited period of time.
Read MoreMickey Mouse Copyright Expires at the End of 2023
FishBits: Mini Article Volume 22, Issue 18
Mickey Mouse’s copyright is set to expire at the end of 2023—nearly 95 years after his first iteration, better known as “Steamboat Willie,” was created on October 1, 1928.
Read MoreTHE College Football Trademark to End All Trademarks… Or Not
Fish Tank: Newsletter Volume 22, Issue 18
College football’s week zero [yes, zero] has come and gone without any wild trademark registrations from the sport. For trademark friendly-college football fans, the biggest news of the season came from Columbus, Ohio.
Read MoreArtificial Intelligence Resurrects Val Kilmer’s Voice for ‘Top Gun: Maverik
FishBits: Mini Article Volume 22, Issue 17
Top Gun: Maverik has dominated the box office this summer, surpassing $1.37 billion globally, and has become Tom Cruise’s highest grossing movie of all time. To the delight of Top Gun fans, Val Kilmer returned as Tom “Iceman” Kazansky.
Read MoreStrumming Through Guitar Patents
Fish Tank: Newsletter Volume 22, Issue 17
Humans have been making and using musical instruments since at least the Paleolithic age—long before patent systems were put into place to protect inventions.
Read MoreJames Webb Space Telescope Images Released to the Public and to the Public Domain
FishBits: Mini Article Volume 22, Issue 16
On July 12, 2022, the world was collectively wowed by the stunning images sent back to Earth by the James Webb* Space Telescope.
Read MoreDoes Free Speech Protection Apply to Shoes?
Fish Tank: Newsletter Volume 22, Issue 16
A trademark lawsuit brought by Vans against MSCHF, a Brooklyn-based art collective behind musician/artist Tyga’s “Wavy Baby” sneaker design.
Read MoreThe Right Golf Ball
FishBits: Mini Article Volume 22, Issue 15
Professional golfers recently assembled in Detroit, Michigan to compete in the PGA Tour’s Rocket Mortgage Classic at the Detroit Golf Club. Each player brought along a golf bag full of cutting-edge technology.
Read MoreParis Hilton Heads to Copyright Small Claims Court
Fish Tank: Newsletter Volume 22, Issue 15
In June 2022, the newly created Copyright Claims Board (“CCB”) began hearing cases. The claimant Angela Jarman filed an action against Paris Hilton’s company 11:11 Digital for $12,000 in damages for copyright infringement.
Read MoreHaribo Gummi Bears Celebrates 100 Years
FishBits: Mini Article Volume 22, Issue 14
2022 marks the 100th birthday of Haribo Goldbears, the world’s first gummi bears. Haribo’s flagship product is available in more than 100 countries with 160 million Haribo gummi bears being shipped from its factories around the world every day!
Read MoreDairy Queen’s “Blizzard” Left Out in the Cold
Fish Tank: Newsletter Volume 22, Issue 14
In the heat of the summer, Dairy Queen loses enforcement battle over "Blizzard" trademark. Attorney Zachary Grant explores the icy lawsuit between the frozen dessert giant and an office supply company.
Read MoreThe King of Rock and Roll and Weddings
FishBits: Mini Article Volume 22, Issue 13
Many Las Vegas wedding chapels are "All Shook Up" about a demand letter from an Elvis Presley trademark owner. Attorney Zachary Grant examines the future of The King of Rock and Roll's place as an officiant.
Read MoreThe European Union Refuses to “THINK DIFFERENT”
Fish Tank: Newsletter Volume 22, Issue 13
Apple loses its EU registration for the iconic THINK DIFFERENT trademark. Attorney Linda Callaghan unravels this cautionary tale in trademark law.
Read MoreThe Results are in on Amazon’s Ambitious Brand Enforcement Technology
FishBits: Mini Article Volume 22, Issue 12
Amazon reported that over 3 million counterfeit products were seized in 2021. Find out how to protect your brand with attorney Art Hallman.
Read MoreThe Death of Winnie-the-Pooh (As We Knew Him)
Fish Tank: Newsletter Volume 22, Issue 12
Winnie-the-Pooh is in the public domain, and the Hundred Acre Woods will never be the same. Michelle Visser explores the new adaptations of the famous bear; Barbara Mandell speaks to Insider about Kendall Jenner's recent trademark dispute.
Read MoreThe Colorful Origins of the Pride Flag
FishBits: Mini Article Volume 22, Issue 11
The rainbow flag waves high this month as we celebrate LGBTQ+ Pride. Learn about the origins and intellectual property of the colorful flag with attorney Kristyn Webb.
Read MoreApril Showers Bring May Plant Patents
Fish Tank: Newsletter Volume 22, Issue 11
Take a moment to smell the flowers and learn about the world of plant patents with attorney Melissa Chapman; Michigan Business Law Journal features Maxwell Goss.
Read MoreFamous Water Toy Inventor Inducted into Hall of Fame
FishBits: Mini Article Volume 22, Issue 10
Did you know the inventor of the iconic Super Soaker toy is a nuclear engineer who worked for NASA? Learn more about Lonnie Johnson and his induction into the National Inventors Hall of Fame in this week's Fish Bits newsletter.
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