This holiday season, many will hope it’s a white out, a classic white Christmas, as they unwrap gifts of licensed collegiate apparel. While thanking the givers of those gifts is probably the right thing to do, I’d say thank the White Out. 

Check out our year in review in this special article of FishBits 2024 Wrapped!

Artificial intelligence has long been heralded for its transformative potential, but this year’s Nobel Prize in Chemistry offers a glimpse of how AI is already reshaping our understanding of the natural world.

In 2021, artist Mason Rothschild created a series of non-fungible tokens (NFTs) that depict fuzzy handbags called “MetaBirkins” which he offered for sale on the NFT marketplace OpenSea. In 2022, the French luxury brand Hermès, known for its “Birkin” handbags, filed a lawsuit for trademark infringement and other claims against Rothschild.

Kimchi has a finicky side when it comes to storage: too cold, it freezes; too warm, it ferments too fast, turning overly sour. Centuries ago, before the luxury of refrigerators, Koreans devised a genius solution...

In the US, Thanksgiving is quickly approaching. For many, Thanksgiving and (American) football go hand-in-hand, with the Detroit Lions’ game as much a staple of the holiday as turkey and pie. However, this year’s game arrives amid controversy: Lions’ legendary Hall of Famer Barry Sanders is facing a lawsuit alleging copyright infringement.

Our gatherings at this time of year often feature pumpkin decorations and pumpkin culinary creations. But gourds are more than just pretty carved faces or foundations for tasty dishes. Pumpkin related patents can provide insights into agricultural innovation, food technology, and decorative products. 

After three years of litigation, a court has held that the “beat that goes on” for Cher’s right to continue receiving royalties on songs created during her marriage to Sonny Bono, despite attempts by Sonny’s widow, Mary Bono, to invoke federal copyright termination rights to end those payments. 

Recently, my wife and I uncovered a distinctive glass bottle buried in our backyard. When we looked at the bottom of the bottle, however, we noted a reference to a design patent, namely US Design Patent No. 114 026.

Watching scary movies is a time-honored Halloween tradition, and one of the greatest movies to watch this time of year is “Ghostbusters” which premiered in 1984.

The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office ordered the cancellation of four U.S. trademark registrations for SUPER HERO and SUPER HEROES owned jointly by Marvel Characters, Inc. and DC Comics. 

Halloween is coming up at the end of this month, and we are celebrating a little early with the spooky copyright story of Jap Herron!

As fans eagerly await the release of the hit video game Palworld on household consoles, those in Japan may face additional delays due to a recent lawsuit filed by Nintendo against Pocketpair, alleging infringement of a Japanese video game patent.

In 2023, California artist Joe Morford lost his copyright infringement lawsuit against Italian artist Maurizio Cattelan. Morford claimed that Cattelan's viral artwork "Comedian," which features a banana duct-taped to a wall, was a copy of his own work, "Banana and Orange."

Last month, Outkast filed suit against ATLiens Touring, seeking an injunction against ATLiens Touring’s continued use of ATLiens and seeking damages.

Imagine opening a brand-new box of 64-color Crayola Crayons. Take a whiff. No matter how or where or when you grew up, this is a scent you know. We all know. But is that enough to obtain a US federal trademark registration?

Historically, “bad word” marks would have been refused as “immoral” or “scandalous.” That changed due to the Supreme Court’s 2019 Iancu v. Brunetti decision.

Fourteen teams of the US National Basketball Association (NBA) have been sued in federal district court for copyright infringement. The complaints were filed by companies claiming to own rights in various musical works.

In Chicago last weekend, the Chicago Air and Water Show entertained thousands of lakeshore spectators with the aerial prowess of a series of aircraft including the Blue Angels, F-35s, supersonic jets, and other airplanes.

During this year's RNC, Hulk Hogan delivered an impassioned speech featuring the term “Trumpamania”—-a play on the term “WrestleMania,” the annual wrestling event where Hogan was a long-time reigning champion. 

In the digital age, social media has become a powerful platform for content creation, enabling individuals and businesses to reach wide audiences. Platforms like Instagram, TikTok, and YouTube have made it easy for anyone with a smartphone and an internet connection to create and share content.

Car enthusiasts are buzzing about Alfa Romeo's latest SUV which is also its first EV (plus a hybrid option). Initially branded as “Milano,” the name was changed to "Junior" after it was announced that the car would be produced in Poland.

The online word game Wordle was created in 2021 by Josh Wardle and quickly rose in popularity. Players receive a new puzzle daily with six chances to correctly guess a five-letter word of the day with limited clues. 

In a recent decision, the U.S. Court of Appeal for the Eighth Circuit affirmed a jury verdict holding that the use of the "Success Kid" meme by a congressman's reelection campaign for fundraising purposes did not qualify as fair use.

Yesterday was the 4th of July in the United States, where Americans celebrate the nation’s Independence Day with spectacular fireworks and outdoor barbecues. While these traditions may be deeply rooted in history, there is an interesting layer of modern innovation behind the scenes, all protected by patents.

In February 2024, proposed legislation was introduced in US House of Representatives which would extend copyright protection to golf courses. The bill is titled “Bolstering Intellectual Rights against Digital Infringement Enhancement Act” or the “BIRDIE Act”.

OpenAI recently held a live demonstration of a new ChatGPT version that included the use of an AI personal assistant voice dubbed “Sky.” Many observers compared Sky to Scarlett Johansson’s voice in the 2013 Spike Jonze romantic sci-fi film “Her,” which centers on a man who falls in love with the female voice of his computer’s operating system.

June is Pride Month, which honors the 1969 Stonewall Uprising in Manhattan and recognizes the impact that lesbian, gay, bisexual, and transgender (LGBTQ+) individuals have had on history locally, nationally, and internationally. The United States Patent and Trademark Office flies the Pride Flag and promotes the Pride community’s contributions with programming offered annually.

First-time inventions have led inventors to great successes throughout history, sometimes immediately, sometimes after several more attempts at more useful inventions. In the U.S., two very famous inventors with contrasting first-time experiences are Thomas Edison and Alexander Graham Bell. 

June is Pride Month. This year we are celebrating with some IP tips for drag performers! Drag performers can protect their intellectual property by registering the copyrights in their original works of music, choreography, and comedy sketches.

Bands often start out as creative endeavors among friends, and bands may not prove lucrative for many years, if at all. Until bands break up, thought and planning may not be given to who is the owner of the band names and entitled to use them going forward.

You’re rarely more than a few yards from Finny’s favorite chips, semiconductor chips to be precise. But what exactly is a semiconductor chip?

As gardeners prepare their soil for planting this Spring, many innovations ranging from agricultural machinery and software applications to household gardening tools will be put to work.

"May the 4th Be With You," also known as Star Wars Day, takes place annually on May 4th. The phrase is a pun on the iconic Star Wars catchphrase "May the Force be with you."

Momofuku, founded by celebrity chef David Chang, is well known for its crunchy, peppery, and umami-flavored condiment, CHILI CRUNCH. Momofuku acquired rights in the trademark after a dispute with Chile Colonial over the name and subsequently sought to enforce its rights in CHILI CRUNCH against purported infringers using the same term for competing products.

First, a big “thank you” to all our readers who have given feedback on our newsletter. We appreciate your interest and insights. It is always a treat to hear from you! Second, we wanted to provide you with updates on some of our most popular articles

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).

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 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. 

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.

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.    

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. 

Fishman Stewart PLLC is saddened to announce the sudden passing of attorney John Posa, who was of counsel to the firm.

“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.

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.

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.

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.

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.

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

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.

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, 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.

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.

Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.

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.

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: turkey, pumpkin (or sweet potato) pie, family gatherings, and of course, a five-story floating Poppin’ Fresh.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

USPTO recognizes the significance of the Thaler decision and the uncertainty around AI contributions to inventions.

Cheer on the teams and help you plan the perfect watch party with some football-related inventions and designs.

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.

Have you ever wondered what was the very first work to receive a copyright registration in the United States?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

When a Bad Spaniel leaves a doggy stain on a famous brand’s proverbial carpet, even the Supreme Court can have fun.

Each of us is creative. The key is to leverage that creativity, converting it into an intellectual property asset that enhances enterprise value.

People are familiar with the most famous examples of trademarks which have been “lost”—or almost lost.

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.

If you are looking to capitalize on the NCAA tournament, make sure to draw up your promotional play with a trademark attorney beforehand.

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.

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.

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).

​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.