
Fish Tank Newsletter
Intellectual Property Insights from Fishman Stewart
Fish Tank® is our periodic newsletter providing information on current intellectual property trends.
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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.
Reclaiming Friday the 13th
Fish Tank: Newsletter Volume 22, Issue 10
Friday the 13th is often considered an unlucky day, but for screenwriter Victor Miller it represents great fortune. Take a trip to Crystal Lake with attorney Norm Freda and discover the twisted world of movie agreements.
Bowling Patents Right Up Your Alley
FishBits: Mini Article Volume 22, Issue 9
Bowling dates back to ancient Egypt and since then inventors have refined the alley with new innovations. Roll with Melissa Chapman and learn about the world of bowling patents.
Cannabis Trademarks: Counterculture or Counterfeit?
Fish Tank: Newsletter Volume 22, Issue 9
Clever branding can remove stigma from cannabis businesses, but attorney Zachary Grant illuminates the important line between counterculture branding and counterfeiting; Maxwell Goss presents on IP and the 1st Amendment.
Ed Sheeran Wins ‘Shape of You’ Copyright Case, Dua Lipa Faces Uphill Battle for ‘Levitating’ Copyright Cases
FishBits: Mini Article Volume 22, Issue 8
Attorney Art Hallman cranks up the tunes and explores recent copyright infringement cases involving super stars Ed Sheeran and Dua Lipa.
The Future of Intellectual Property
Fish Tank: Newsletter Volume 22, Issue 8
This World IP Day, we celebrate young inventors and creators who are shaping our future; Oakpoint honored by DBusiness Magazine.
Art is anything you can get away with…with limitation
FishBits: Mini Article Volume 22, Issue 7
Andy Warhol paintings are on trial, and the case is as colorful as his pop art. Enjoy our curated look at the landmark case with attorney Chelsea Russell.
This is the Way: Disney’s Path to Protecting Baby Yoda
Fish Tank: Newsletter Volume 22, Issue 7
Disney's IP empire is vast and well guarded, but when it launched The Mandalorian show it intentionally kept one character secret and without traditional protection. Find out who and why in this week's Fish Tank newsletter.
Scamwatch: “Money, Honey”
FishBits: Mini Article Volume 22, Issue 6
Scammers are lurking behind every corner these days, and USPTO customers are not immune to these criminals. Attorney Barbara Mandell is here is help you identify and stop fraudsters targeting your valuable intellectual property.
RBG
Fish Tank: Newsletter Volume 22, Issue 6
Happy Woman's History Month and Happy Birthday to the late Justice Ruth Bader Ginsburg. Attorney Julie Greenberg speaks on the Justice's legacy in IP; We celebrate recent achievements by Magnetic Products, Inc.
Act Swiftly: How Taylor Swift Took Back Her Copyright
FishBits: Mini Article Volume 22, Issue 5
Look what you made Taylor Swift do! Attorney Michael Stewart explains T-Swift's copyright battle and how she regained control over her music.
Do Androids Dream of Copyright Ownership?
Fish Tank: Newsletter Volume 22, Issue 5
As artificial intelligence advances closer to sentience, will androids demand rights? Attorneys Zachary Grant and Kristyn Webb discuss the future of AI intellectual property rights.
Who Owns the Oregon Duck?
FishBits: Mini Article Volume 22, Issue 4
You're not seeing double, those ducks do look similar! Attorney Norm Freda explores the unique collaborative history of Disney's Donald Duck and the University of Oregon’s Duck mascot.
Standard Essential Patents – The Backbone of the Communications Revolution
Fish Tank: Newsletter Volume 22, Issue 4
Seamless integration of technologies can feel like magic. Learn about how compatibility standards are established and patents are handled with attorney Paul Ratzmann; Attorney Doug LaLone appears on The Anti-Architect Podcast.
Amazon Takedown Policy: A Great Tool…for Trademark Bullies
FishBits: Mini Article Volume 22, Issue 3
As some trademark owners struggle to remove counterfeits on Amazon, a seller alleges the Amazon takedown system was utilized in a blackmail scheme. Attorney Chelsea Russell dives into more growing pains of online IP enforcement.
Metaverse, The New Matrix
Fish Tank: Newsletter Volume 22, Issue 3
The future is now! Attorney Doug LaLone jumps into the Metaverse and explores the IP possibilities of the digital world; Artist Ben Mauro flexes the NFT powered art market.
Trademarks for Virtual Clothing and Digital Accessories?
FishBits: Mini Article Volume 22, Issue 2
Luxury clothing companies are going digital to give your online persona a makeover. Explore the latest trends with fashion forward attorney Kristyn Webb.
Non-Fungible Tokens: Court Cases and Cautionary Tales
Fish Tank: Newsletter Volume 22, Issue 2
Considering the NFT market? Attorney Kristyn Webb explores the intersection of IP and NFTs; Finny the fish is on a journey. Let's #FindFinny around the world!
Will Google strip functionality from the speakers you purchased?
FishBits: Mini Article Volume 22, Issue 1
Can Google remove features from your speakers? Attorney Art Hallman discusses Sonos' patent lawsuit win over Google and the possible fallout faced by Google's customers.
Public Domain Day 2022: Welcoming Winnie-the-Pooh
Fish Tank: Newsletter Volume 22, Issue 1
"It wasn’t much good having anything…if you couldn’t share them with somebody." We celebrate Public Domain Day with attorney Zachary Grant; Congratulations to Duperon's for its recent innovation award.
Fish Experts Finally Crack Mary, Queen of Scots, Spiral Letterlock Document Security
Tank: Newsletter Volume 21, Issue 26
Scholars unravel a 434 year-old letterlocking puzzle. Join attorney Michael Stewart to learn about the significance of this historical security breakthrough; Zachary Grant appointed to the Michigan Bar Journal committee.
Killer Bicycles: Securing Good Riders
FishBits: Mini Article Volume 21, Issue 14
HBO's new show "And Just Like That..." started with a big twist, but no one is quite as shocked as the Peloton bike company. Attorney Zachary Grant explains the importance of a good contract rider for product placements.
Lululemon and Pelaton Feud Over Strapppy Sports Bras and Leggings
Fish Tank: Newsletter Volume 21, Issue 25
Fitness giants, Lululemon and Peloton, are battling in court and attorney Kameron Bonner is here to explain the clash; Fishman Stewart names Maxwell Goss as newest partner.
Pfizer Alleges Misappropriation of COVID-19 Vaccine Trade Secrets Against Former Employee
FishBits: Mini Article Volume 21, Issue 13
Attorney Art Hallman discusses trade secrets and a recent lawsuit brought by Pfizer against a former employee for misappropriation of its COVID-19 vaccine data.
BUILD BACK BETTER and MAKE AMERICA GREAT AGAIN: Trademark Protection for Political Slogans
Fish Tank: Newsletter Volume 21, Issue 24
Attorney Barbara Mandell explores trademarks in politics and the roadblocks to registering campaign slogans; Four Fishman Stewart attorneys honored by DBusiness Magazine.
Bullets Fly in Dispute Over Artist’s Rights
FishBits: Mini Article Volume 21, Issue 12
Bullets fly in dispute over paintings and an artist's reputation. Learn more with attorney Zachary Grant in this week's FishBits article.
They Can’t Own That, its a Basic Common Word!
Fish Tank: Newsletter Volume 21, Issue 23
Facebook's rebranding claims ownership to common word, raising concerns, but attorney Julie Greenberg explains the limitations of the move; We celebrate US Army veteran and patent attorney Paul Ratzmann.
DeLorean Trademark Battle Heats Up
FishBits: Mini Article Volume 21, Issue 11
Great Scott! Car enthusiast turns 3-wheeled Reliant Rialto into a time machine, and the DeLorean Motor Company is taking notice. Learn more with attorney Kristyn Webb.
Protecting Monsters is a Full Time Job
Fish Tank: Newsletter Volume 21, Issue 22
File these monster trademarks at your own risk, attorney Linda Callaghan explores Warner Bros. recent Gremlins opposition; We support Attorney Kristen Webb's postgraduate copyright degree.
Evel Knievel’s Most Daring Stunt: Suing Disney
FishBits: Mini Article Volume 21, Issue 10
Take a walk on the wild side with attorney Zachary Grant as he examines Evel Knievel's daring lawsuit against Disney and the Toy Story 4 "Duke Caboom" character.
Taking Down the Moon: Mistaken Copyright Strikes Over Moon Videos
Fish Tank: Newsletter Volume 21, Issue 21
Is the Earth's moon subject to copyright? Find out about the odd world of automated copyright enforcement with attorney Kristyn Webb; Engineering Society of Detroit announces its 4th annual student writing contest.
Into the Woods: Girl Scouts take on Boy Scouts in Trademark Dispute
FishBits: Mini Article Volume 21, Issue 9
Attorney Kristyn Webb laces up her boots as she explores the a trademark dispute between the Girl Scouts and the Boy Scouts.
Out of this World Inventing
Fish Tank: Newsletter Volume 21, Issue 20
Attorney John Guenther blasts off into the final frontier and explores what kind of patent laws exist in the increasingly accessible regions of outer space; Long-standing client, STAHLS', helps small businesses with scholarship program.
The Curious Case of Vanishing Movies, Music and Books
FishBits: Mini Article Volume 21, Issue 8
Missing any digital media? Attorney Zachary Grant explores two lawsuits that are seeking greater transparency regarding "ownership" for digital media purchases.
Selling the Intangible: Building Billion Dollar Companies with Intellectual Property
Fish Tank: Newsletter Volume 21, Issue 19
Attorney Doug LaLone explores the "share economy" and how billion dollar companies are built on intangible intellectual property assets.
A Trademark Storm is Brewing in Professional Sports
FishBits: Mini Article Volume 21, Issue 7
Attorney Zachary Grant discusses the Cleveland Indians baseball team's fresh new name and the potential trademark hurdles the team may face.
A Dose of Branding: Introducing Comirnaty, Spikevax and Vaxzevria
Fish Tank: Newsletter Volume 21, Issue 18
The newly FDA-approved COVID-19 vaccine and others receive official trademarks, and attorney Andrea Calvert discusses the development of the unique marks; Nine Fishman Stewart attorneys receive honors from Super Lawyers.
LEGO Takes Aim at Customized Handgun
FishBits: Mini Article Volume 21, Issue 6
Attorney Kristyn Webb discusses a building dispute between toy maker, LEGO, and firearms company, Culper Precision, for brightly colored gun modification.
New U.S Law Increases Penalties for Pirating Copyrighted Content
Fish Tank: Newsletter Volume 21, Issue 17
Attorney Kristyn Webb discusses the new anti-piracy law seeks to crack down on illegal movie streaming; We introduce our new IP Snapshot report.
Let your brand do the walk-in’: A Look at Louboutins’s “red sole” trademark
FishBits: Mini Article Volume 21, Issue 5
Lily Barash paints a picture of modern trademark law with Christian Louboutin's unique red-bottom shoe trademark.
World’s First: Artificial Intelligence Earns Patent as an Inventor
Fish Tank: Newsletter Volume 21, Issue 16
An artificial intelligence program secures its first patent. Attorney Art Hallman explains how science fiction became reality; Seven Fishman Stewart Attorneys are honored as Leading Lawyers.
Federal Cannabis Reform: What can your brand do to prepare?
FishBits: Mini Article Volume 21, Issue 4
The US Congress is considering cannabis reform. Attorney Kristyn Webb explores how such reform could impact trademark protection for the cannabis industry.
New U.S Copyright Law Creates a Small-Claims Court
Fish Tank: Newsletter Volume 21, Issue 15
Attorney Kristyn Webb discusses the CASE Act and the new U.S. copyright small-claims court; Watch a new presentation by Attorney Michael Stewart on how to extract enterprise value from organizational creativity.
Indecency, Incitement, and Censorship A Series Exploring the Controversial “Section 230” – Part 3 (Finale)
FishBits: Mini Article Volume 21, Issue 3
In the finale of our Section 230 exploration, learn why Section 230 was created, its controversies, and the proposed solutions to one of the most important internet regulations.
The Supreme Court Unshackles College Athletes From Anticompetitive NCAA Rules
Fish Tank: Newsletter Volume 21, Issue 14
Student athletes rejoice after US Supreme Court decision tackles unfair NCAA rules. Antitrust and IP attorney, Barbara Mandell, analyzes the historic case and the future of college sports.
Indecency, Incitement, and Censorship A series Exploring the Controversial “Section 230” – Part 2
FishBits: Mini Article Volume 21, Issue 2
The Supreme Court of the United States struck down much of the Communications Decency Act for violating the US Constitution's free speech protections. Find out why Section 230 the survived the ruling and remains law to this day.
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.
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.
Read MoreReclaiming Friday the 13th
Fish Tank: Newsletter Volume 22, Issue 10
Friday the 13th is often considered an unlucky day, but for screenwriter Victor Miller it represents great fortune. Take a trip to Crystal Lake with attorney Norm Freda and discover the twisted world of movie agreements.
Read MoreBowling Patents Right Up Your Alley
FishBits: Mini Article Volume 22, Issue 9
Bowling dates back to ancient Egypt and since then inventors have refined the alley with new innovations. Roll with Melissa Chapman and learn about the world of bowling patents.
Read MoreCannabis Trademarks: Counterculture or Counterfeit?
Fish Tank: Newsletter Volume 22, Issue 9
Clever branding can remove stigma from cannabis businesses, but attorney Zachary Grant illuminates the important line between counterculture branding and counterfeiting; Maxwell Goss presents on IP and the 1st Amendment.
Read MoreEd Sheeran Wins ‘Shape of You’ Copyright Case, Dua Lipa Faces Uphill Battle for ‘Levitating’ Copyright Cases
FishBits: Mini Article Volume 22, Issue 8
Attorney Art Hallman cranks up the tunes and explores recent copyright infringement cases involving super stars Ed Sheeran and Dua Lipa.
Read MoreThe Future of Intellectual Property
Fish Tank: Newsletter Volume 22, Issue 8
This World IP Day, we celebrate young inventors and creators who are shaping our future; Oakpoint honored by DBusiness Magazine.
Read MoreArt is anything you can get away with…with limitation
FishBits: Mini Article Volume 22, Issue 7
Andy Warhol paintings are on trial, and the case is as colorful as his pop art. Enjoy our curated look at the landmark case with attorney Chelsea Russell.
Read MoreThis is the Way: Disney’s Path to Protecting Baby Yoda
Fish Tank: Newsletter Volume 22, Issue 7
Disney's IP empire is vast and well guarded, but when it launched The Mandalorian show it intentionally kept one character secret and without traditional protection. Find out who and why in this week's Fish Tank newsletter.
Read MoreScamwatch: “Money, Honey”
FishBits: Mini Article Volume 22, Issue 6
Scammers are lurking behind every corner these days, and USPTO customers are not immune to these criminals. Attorney Barbara Mandell is here is help you identify and stop fraudsters targeting your valuable intellectual property.
Read MoreRBG
Fish Tank: Newsletter Volume 22, Issue 6
Happy Woman's History Month and Happy Birthday to the late Justice Ruth Bader Ginsburg. Attorney Julie Greenberg speaks on the Justice's legacy in IP; We celebrate recent achievements by Magnetic Products, Inc.
Read MoreAct Swiftly: How Taylor Swift Took Back Her Copyright
FishBits: Mini Article Volume 22, Issue 5
Look what you made Taylor Swift do! Attorney Michael Stewart explains T-Swift's copyright battle and how she regained control over her music.
Read MoreDo Androids Dream of Copyright Ownership?
Fish Tank: Newsletter Volume 22, Issue 5
As artificial intelligence advances closer to sentience, will androids demand rights? Attorneys Zachary Grant and Kristyn Webb discuss the future of AI intellectual property rights.
Read MoreWho Owns the Oregon Duck?
FishBits: Mini Article Volume 22, Issue 4
You're not seeing double, those ducks do look similar! Attorney Norm Freda explores the unique collaborative history of Disney's Donald Duck and the University of Oregon’s Duck mascot.
Read MoreStandard Essential Patents – The Backbone of the Communications Revolution
Fish Tank: Newsletter Volume 22, Issue 4
Seamless integration of technologies can feel like magic. Learn about how compatibility standards are established and patents are handled with attorney Paul Ratzmann; Attorney Doug LaLone appears on The Anti-Architect Podcast.
Read MoreAmazon Takedown Policy: A Great Tool…for Trademark Bullies
FishBits: Mini Article Volume 22, Issue 3
As some trademark owners struggle to remove counterfeits on Amazon, a seller alleges the Amazon takedown system was utilized in a blackmail scheme. Attorney Chelsea Russell dives into more growing pains of online IP enforcement.
Read MoreMetaverse, The New Matrix
Fish Tank: Newsletter Volume 22, Issue 3
The future is now! Attorney Doug LaLone jumps into the Metaverse and explores the IP possibilities of the digital world; Artist Ben Mauro flexes the NFT powered art market.
Read MoreTrademarks for Virtual Clothing and Digital Accessories?
FishBits: Mini Article Volume 22, Issue 2
Luxury clothing companies are going digital to give your online persona a makeover. Explore the latest trends with fashion forward attorney Kristyn Webb.
Read MoreNon-Fungible Tokens: Court Cases and Cautionary Tales
Fish Tank: Newsletter Volume 22, Issue 2
Considering the NFT market? Attorney Kristyn Webb explores the intersection of IP and NFTs; Finny the fish is on a journey. Let's #FindFinny around the world!
Read MoreWill Google strip functionality from the speakers you purchased?
FishBits: Mini Article Volume 22, Issue 1
Can Google remove features from your speakers? Attorney Art Hallman discusses Sonos' patent lawsuit win over Google and the possible fallout faced by Google's customers.
Read MorePublic Domain Day 2022: Welcoming Winnie-the-Pooh
Fish Tank: Newsletter Volume 22, Issue 1
"It wasn’t much good having anything…if you couldn’t share them with somebody." We celebrate Public Domain Day with attorney Zachary Grant; Congratulations to Duperon's for its recent innovation award.
Read MoreFish Experts Finally Crack Mary, Queen of Scots, Spiral Letterlock Document Security
Tank: Newsletter Volume 21, Issue 26
Scholars unravel a 434 year-old letterlocking puzzle. Join attorney Michael Stewart to learn about the significance of this historical security breakthrough; Zachary Grant appointed to the Michigan Bar Journal committee.
Read MoreKiller Bicycles: Securing Good Riders
FishBits: Mini Article Volume 21, Issue 14
HBO's new show "And Just Like That..." started with a big twist, but no one is quite as shocked as the Peloton bike company. Attorney Zachary Grant explains the importance of a good contract rider for product placements.
Read MoreLululemon and Pelaton Feud Over Strapppy Sports Bras and Leggings
Fish Tank: Newsletter Volume 21, Issue 25
Fitness giants, Lululemon and Peloton, are battling in court and attorney Kameron Bonner is here to explain the clash; Fishman Stewart names Maxwell Goss as newest partner.
Read MorePfizer Alleges Misappropriation of COVID-19 Vaccine Trade Secrets Against Former Employee
FishBits: Mini Article Volume 21, Issue 13
Attorney Art Hallman discusses trade secrets and a recent lawsuit brought by Pfizer against a former employee for misappropriation of its COVID-19 vaccine data.
Read MoreBUILD BACK BETTER and MAKE AMERICA GREAT AGAIN: Trademark Protection for Political Slogans
Fish Tank: Newsletter Volume 21, Issue 24
Attorney Barbara Mandell explores trademarks in politics and the roadblocks to registering campaign slogans; Four Fishman Stewart attorneys honored by DBusiness Magazine.
Read MoreBullets Fly in Dispute Over Artist’s Rights
FishBits: Mini Article Volume 21, Issue 12
Bullets fly in dispute over paintings and an artist's reputation. Learn more with attorney Zachary Grant in this week's FishBits article.
Read MoreThey Can’t Own That, its a Basic Common Word!
Fish Tank: Newsletter Volume 21, Issue 23
Facebook's rebranding claims ownership to common word, raising concerns, but attorney Julie Greenberg explains the limitations of the move; We celebrate US Army veteran and patent attorney Paul Ratzmann.
Read MoreDeLorean Trademark Battle Heats Up
FishBits: Mini Article Volume 21, Issue 11
Great Scott! Car enthusiast turns 3-wheeled Reliant Rialto into a time machine, and the DeLorean Motor Company is taking notice. Learn more with attorney Kristyn Webb.
Read MoreProtecting Monsters is a Full Time Job
Fish Tank: Newsletter Volume 21, Issue 22
File these monster trademarks at your own risk, attorney Linda Callaghan explores Warner Bros. recent Gremlins opposition; We support Attorney Kristen Webb's postgraduate copyright degree.
Read MoreEvel Knievel’s Most Daring Stunt: Suing Disney
FishBits: Mini Article Volume 21, Issue 10
Take a walk on the wild side with attorney Zachary Grant as he examines Evel Knievel's daring lawsuit against Disney and the Toy Story 4 "Duke Caboom" character.
Read MoreTaking Down the Moon: Mistaken Copyright Strikes Over Moon Videos
Fish Tank: Newsletter Volume 21, Issue 21
Is the Earth's moon subject to copyright? Find out about the odd world of automated copyright enforcement with attorney Kristyn Webb; Engineering Society of Detroit announces its 4th annual student writing contest.
Read MoreInto the Woods: Girl Scouts take on Boy Scouts in Trademark Dispute
FishBits: Mini Article Volume 21, Issue 9
Attorney Kristyn Webb laces up her boots as she explores the a trademark dispute between the Girl Scouts and the Boy Scouts.
Read MoreOut of this World Inventing
Fish Tank: Newsletter Volume 21, Issue 20
Attorney John Guenther blasts off into the final frontier and explores what kind of patent laws exist in the increasingly accessible regions of outer space; Long-standing client, STAHLS', helps small businesses with scholarship program.
Read MoreThe Curious Case of Vanishing Movies, Music and Books
FishBits: Mini Article Volume 21, Issue 8
Missing any digital media? Attorney Zachary Grant explores two lawsuits that are seeking greater transparency regarding "ownership" for digital media purchases.
Read MoreSelling the Intangible: Building Billion Dollar Companies with Intellectual Property
Fish Tank: Newsletter Volume 21, Issue 19
Attorney Doug LaLone explores the "share economy" and how billion dollar companies are built on intangible intellectual property assets.
Read MoreA Trademark Storm is Brewing in Professional Sports
FishBits: Mini Article Volume 21, Issue 7
Attorney Zachary Grant discusses the Cleveland Indians baseball team's fresh new name and the potential trademark hurdles the team may face.
Read MoreA Dose of Branding: Introducing Comirnaty, Spikevax and Vaxzevria
Fish Tank: Newsletter Volume 21, Issue 18
The newly FDA-approved COVID-19 vaccine and others receive official trademarks, and attorney Andrea Calvert discusses the development of the unique marks; Nine Fishman Stewart attorneys receive honors from Super Lawyers.
Read MoreLEGO Takes Aim at Customized Handgun
FishBits: Mini Article Volume 21, Issue 6
Attorney Kristyn Webb discusses a building dispute between toy maker, LEGO, and firearms company, Culper Precision, for brightly colored gun modification.
Read MoreNew U.S Law Increases Penalties for Pirating Copyrighted Content
Fish Tank: Newsletter Volume 21, Issue 17
Attorney Kristyn Webb discusses the new anti-piracy law seeks to crack down on illegal movie streaming; We introduce our new IP Snapshot report.
Read MoreLet your brand do the walk-in’: A Look at Louboutins’s “red sole” trademark
FishBits: Mini Article Volume 21, Issue 5
Lily Barash paints a picture of modern trademark law with Christian Louboutin's unique red-bottom shoe trademark.
Read MoreWorld’s First: Artificial Intelligence Earns Patent as an Inventor
Fish Tank: Newsletter Volume 21, Issue 16
An artificial intelligence program secures its first patent. Attorney Art Hallman explains how science fiction became reality; Seven Fishman Stewart Attorneys are honored as Leading Lawyers.
Read MoreFederal Cannabis Reform: What can your brand do to prepare?
FishBits: Mini Article Volume 21, Issue 4
The US Congress is considering cannabis reform. Attorney Kristyn Webb explores how such reform could impact trademark protection for the cannabis industry.
Read MoreNew U.S Copyright Law Creates a Small-Claims Court
Fish Tank: Newsletter Volume 21, Issue 15
Attorney Kristyn Webb discusses the CASE Act and the new U.S. copyright small-claims court; Watch a new presentation by Attorney Michael Stewart on how to extract enterprise value from organizational creativity.
Read MoreIndecency, Incitement, and Censorship A Series Exploring the Controversial “Section 230” – Part 3 (Finale)
FishBits: Mini Article Volume 21, Issue 3
In the finale of our Section 230 exploration, learn why Section 230 was created, its controversies, and the proposed solutions to one of the most important internet regulations.
Read MoreThe Supreme Court Unshackles College Athletes From Anticompetitive NCAA Rules
Fish Tank: Newsletter Volume 21, Issue 14
Student athletes rejoice after US Supreme Court decision tackles unfair NCAA rules. Antitrust and IP attorney, Barbara Mandell, analyzes the historic case and the future of college sports.
Read MoreIndecency, Incitement, and Censorship A series Exploring the Controversial “Section 230” – Part 2
FishBits: Mini Article Volume 21, Issue 2
The Supreme Court of the United States struck down much of the Communications Decency Act for violating the US Constitution's free speech protections. Find out why Section 230 the survived the ruling and remains law to this day.
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