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Intellectual Property Insights from Fishman Stewart
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Bad Spaniels Is Back, and This Time, It Bites Back
Fish Tank: Newsletter Volume 26, Issue 19
The Ninth Circuit just reversed course on Jack Daniel's dilution claim against the 'Bad Spaniels' dog toy, vacating the injunction and ruling that parody humor alone doesn't prove reputational harm. Here's what the decision means for brand owners pursuing tarnishment claims.
A Cautionary Tale on Trading Cards
Fish Tank: Newsletter Volume 26, Issue 18
The trading card industry is booming again - and what makes this moment different is not who holds the cards, literally and figuratively, but how the trading card space is rapidly evolving.
The Great FIFA Cover-Up
Fish Tank: Newsletter Volume 26, Issue 17
Imagine paying millions of dollars for the naming rights to a stadium—only to have your brand hidden behind a giant white tarp. That’s exactly what happened to Levi Strauss during the 2026 FIFA World Cup.
Beneath the Rocket’s Red Glare: Intellectual Property Considerations for Drone-Based Light Shows
Fish Tank: Newsletter Volume 26, Issue 16
As we celebrate our nation’s birthday on July 4th, many communities are replacing or supplementing traditional fireworks with drone-based light shows - which prompts the question of intellectual property protection.
#DupeInfringement: When Social Media “Dupes” Cross the Trademark Line
Fish Tank: Newsletter Volume 26, Issue 15
The fun internet trend of promoting "dupes" has officially crossed the trademark line and everyday content creators are finding themselves in the crosshairs of multimillion-dollar corporate lawsuits.
IP Scavenger Hunt: FIFA Branding at the 2026 World Cup
Fish Tank: Newsletter Volume 26, Issue 14
The FIFA World Cup is global football (or soccer) at its highest level. It is, however, also one of the most carefully crafted displays of intellectual property (IP) in the world.
TRADEMARK LAW OFF-LEASH
Fish Tank: Newsletter Volume 26, Issue 13
Trademark owners are often cast as villains when they send cease-and-desist letters. But in trademark law, failing to enforce rights can sometimes create bigger problems than enforcing them.
WNBA Comebacks, Celebrity Claims, and a Trademark Plot Twist?
Fish Tank: Newsletter Volume 26, Issue 12
Women’s sports are having a moment, and not a small one. And right alongside that rise: the business of women’s sports is heating up, including some surprisingly dramatic trademark battles.
Inventing DNA?
Fish Tank: Newsletter Volume 26, Issue 11
The idea that someone might “own” a piece of DNA raises a slightly uncomfortable question: can you really patent something that exists inside all of us?
The Bots Have Found Religion; What Will They Come Up With Next?
Fish Tank: Newsletter Volume 26, Issue 10
Forbes reported that more than 1.5 million bots on an AI agent-driven social network appear to have created a new religion for themselves, the Church of Molt, with congregants adopting the name of “Crustafarians.”
The Business of a Buzzer-Beater: NIL Lessons from March Madness
Fish Tank: Newsletter Volume 26, Issue 9
Every March, college basketball players get an opportunity to become household sensations overnight. In today’s NIL (Name Image Likeness) era, that moment can be a once-in-a-lifetime business opportunity.
Luck of the IP: How Intellectual Property Colors St. Patrick’s Day
Fish Bits: Newsletter Volume 26, Issue 4
Behind the shamrocks and celebrations of St. Patrick's Day lies a surprisingly rich intersection with intellectual property.
Flippers Up!
Fish Tank: Newsletter Volume 26, Issue 8
Last week, PEI Licensing, LLC., the owner of the ORIGINAL PENGUIN brand (also known simply as PENGUIN) sued Pudgy Penguins Inc. in federal court in Florida over their respective penguin trademarks.
Battling AI Misuse with Trademark Law May Be “Alright” for Actor Matthew McConaughey
Fish Tank: Newsletter Volume 26, Issue 7
Matthew McConaughey recently obtained several trademark registrations with the U.S. Trademark Office in an effort to digitally capture and protect his entire persona.
Rethinking IP Strategy in an AI-Driven World
Fish Tank: Newsletter Volume 26, Issue 6
Patents enable others to learn from, build upon, and improve the disclosed invention effectively. However, some have questioned whether they still work in today’s artificial intelligence (AI) landscape.
When Trademark Protection Becomes an Olympic Event
Fish Bits: Newsletter Volume 26, Issue 3
As athletes chase Olympic glory, the International Olympic Committee (“IOC”) is fighting a different battle, one over public perception and trademark law.
From Dimples to Data: Patenting the Next Generation of Golf Technology
Fish Tank: Newsletter Volume 26, Issue 5
Golf is entering a data driven era, and the 2026 PGA Show showed that the most important IP in the game is shifting.
Playing Defense Against Fake Super Bowl Merchandise
FishBits: Mini Article Volume 26, Issue 2
When it comes to Super Bowl fashion, jerseys are always in, but only the kind that are authentic and officially licensed.
Attribution Is a Must, but It Isn’t a Get‑Out‑of‑Jail‑Free Card
Fish Tank: Newsletter Volume 26, Issue 4
Giving credit to an author is a nice gesture, but not knowing the rules can get you into trouble.
I Smuggled in a Switch. Then I Learned I Don’t Own the Games
Fish Tank: Newsletter Volume 26, Issue 3
The shift from “owning a thing” to “holding a key” changes everything about how we consume media - and it brings us to a critical showdown in the world of IP.
LESS IS MORE
Fish Tank: Newsletter Volume 26, Issue 2
In recent years, companies have gravitated toward a visual trend: the minimalist logo. While some critics dismiss the trend, the shift toward minimalism is rooted in something else other than fashion.
New Year, New Brand? Avoid the A’s Trademark Mistake
FishBits: Mini Article Volume 26, Issue 1
When the Oakland Athletics announced plans to relocate to Las Vegas in 2028, many fans were excited. But the U.S. Patent and Trademark Office (USPTO) recently threw a curveball by refusing the team’s trademark applications for “Las Vegas Athletics” and “Vegas Athletics.”
Inventing Life?
Fish Tank: Newsletter Volume 26, Issue 1
Advances in molecular biology have an uncanny knack of doing two things at once: saving lives and giving U.S. patent law a persistent headache.
The Evolution of Artificial Christmas Trees: From Feathered Beginnings to Modern Innovations
Fish Tank: Newsletter Volume 25, Issue 28
Artificial Christmas trees have become an enduring symbol of holiday cheer, blending tradition with innovation. Today, they are celebrated for their convenience, sustainability, and versatility, but their story began centuries ago as a creative solution to environmental and safety concerns.
Reverse Engineering Without Regret: Strategy Takeaways from the Bobcat – Caterpillar Skid-Steer Clash
Fish Tank: Newsletter Volume 25, Issue 27
Doosan Bobcat North America filed federal and international lawsuits against Caterpillar alleging Caterpillar improperly reverse engineered loader components.
Nothing Says Christmas Like a Copyright Lawsuit
FishBits: Mini Article Volume 25, Issue 24
Nothing warms the holiday spirit quite like a copyright lawsuit over a light-up reindeer. Back in 2019, two companies went head-to-head over just that when Enchant sued Glowco for copyright infringement.
BUTT OF THE JOKE
Fish Tank: Newsletter Volume 25, Issue 26
The real tech revolution in sports right now is being powered by AI that uses data from wearable sensors - and crunches numbers faster than any coach with a clipboard could.
How AI is Changing Sports: When Your Smartwatch Knows More Than Your Coach
Fish Tank: Newsletter Volume 25, Issue 25
The real tech revolution in sports right now is being powered by AI that uses data from wearable sensors - and crunches numbers faster than any coach with a clipboard could.
The Rise of Fake Copyright C&D Letters (And How Not to Get Taken In)
FishBits: Mini Article Volume 25, Issue 23
If your inbox has been serving up dramatic “copyright infringement” cease and desist letters lately, you’re not imagining it. Scam C&Ds are having a moment.
Find a Penny, Pick it Up?
Fish Tank: Newsletter Volume 25, Issue 24
In British and American culture, finding a penny is traditionally considered to be sign of luck - but how long until we stop finding them altogether?
National Magic Day: Celebrating the Life and IP of Harry Houdini
FishBits: Mini Article Volume 25, Issue 22
If you're planning a magic show, be careful if you invoke the name of the great Houdini... you may need more than trick handcuffs to escape an infringement lawsuit.
Ghoul Rights Reserved: The Legal Side of Halloween
Fish Tank: Newsletter Volume 25, Issue 23
Costumes, masks, vampires, and candy corn are symbols of Halloween. But can anyone own rights to these icons of fright and festivity?
Creepy Copyright: The Legend of Black Aggie
FishBits: Mini Article Volume 25, Issue 21
They say she watches. That her eyes glow red at midnight. That if you sit on her lap, you’ll never rise again. She’s called Black Aggie, and she wasn’t supposed to exist.
The Curse of the Co-Owner: A Haunting Tale of Trademark Ownership
Fish Tank: Newsletter Volume 25, Issue 22
Read about a haunting trademark co-ownership arrangement gone frighteningly wrong.
National Candy Corn Day – The Scariest Day of the Year
FishBits: Mini Article Volume 25, Issue 20
Dislike it or hate it, candy corn is a permanent fixture now - and it has its own official holiday!
Cracker Barrel’s Logo Controversy: A Rebranding Misstep and the Return to Tradition
Fish Tank: Newsletter Volume 25, Issue 21
Cracker Barrel learned an important lesson with their recent logo rebranding campaign.
School Lunches Look Different This Year
FishBits: Mini Article Volume 25, Issue 19
As students head back to school across the United States, many will notice changes to the cafeteria menu.
Repo Revenge: How One Woman Drove Off with a Dealership’s Name
Fish Tank: Newsletter Volume 25, Issue 20
A Lima, OH woman turned the tables on a local car dealership after her vehicle was repossessed—by legally claiming the dealership’s name.
Beyond the Label: Protecting Consumer Trust in a Compounded World
FishBits: Mini Article Volume 25, Issue 18
With semaglutide (Ozempic) on the national drug shortage list, Novo Nordisk relied heavily on the trademark laws for its intellectual property enforcement efforts.
Clothing by any other name: The Doctrine of Foreign Equivalents
Fish Tank: Newsletter Volume 25, Issue 19
Trademark owners are advised to conduct searches for translations of any foreign terms in their proposed marks before selection to avoid this faux pas.
Design Patents: Your Secret Weapon in Today’s Copycat Economy
FishBits: Mini Article Volume 25, Issue 17
In an era where product knockoffs surface faster than ever, smart businesses have discovered an underutilized but powerful form of intellectual property protection: design patents.
Copyright Certificates Are Going Out… Naked!
Fish Tank: Newsletter Volume 25, Issue 18
If you recently got a copyright registration certificate in the mail and noticed it’s missing something kind of important—like a signature—you’re not imagining things.
L.A.B. Golf Acquired, Will it Be a One-Major Wonder, or Future Golf No. 1?
FishBits: Mini Article Volume 25, Issue 16
L.A.B. Golf’s acquisition by L Catterton, a private equity group, is one of the largest deals involving a putter company in recent golf history. What does this mean for the future of the company?
Tomorrow Never Dies, but 007’s Trademarks in Europe Might
Fish Tank: Newsletter Volume 25, Issue 17
Early this year, an Austrian property developer filed claims that several of the trademarks connected to the James Bond franchise have not been used as required to maintain trademark protections in these jurisdictions.
The Met Gala’s IP Mystique: What’s Protected, What’s Not, and What Should Be
FishBits: Mini Article Volume 25, Issue 15
For the designers behind the original, the performance often ends at the red carpet. So where’s the legal protection? Under current U.S. intellectual property law, their options for protection are limited and, in many cases, untested in court.
Frankenstein Rejections: Obvious(ness) Problems for Patentability
Fish Tank: Newsletter Volume 25, Issue 16
Under 35 U.S.C. §103, a claimed invention is unpatentable if the differences between it and the prior art would have been obvious to a person of ordinary skill in the art (“POSITA”) at the time the invention was made.
Zoom-Bloom: Mazda Patent Makes Colors Pop
FishBits: Mini Article Volume 25, Issue 14
Mazda’s approach to design is as much about light as it is about lines. The interplay of highlights and shadows on the CX-90’s form is magnified by this paint system, which includes a lustrous metallic base, a richly pigmented translucent red layer, and a glossy clear coat. The result is Read More
Antibody Patents: Details Under the Microscope
Fish Tank: Newsletter Volume 25, Issue 15
Antibodies are powerful tools in modern medicine, but securing patents for them has become increasingly complex. Following the Amgen v. Sanofi decision, companies must now provide much more detailed data to prove that their antibody inventions are fully "enabled," making it harder to claim broad protections. While this raises the Read More
Fashionably Protected – Fashion Wears Longer with IP Rights
FishBits: Mini Article Volume 25, Issue 13
In the fast-paced world of fashion, IP Rights are often overlooked—yet they can be a game changer. From trademarks that protect brand identity to copyrights for original prints, IP Rights offer critical tools for protecting both creativity and market value.
Protecting AI-Assisted Inventions
Fish Tank: Newsletter Volume 25, Issue 14
The US Patent and Trademark Office (“USPTO”) has now issued guidance explaining that AI-assisted inventions are not categorically unpatentable, embracing the use of AI in innovation, but that only humans can be inventors and must make a significant contribution to the invention.
Playing with House Money
Fish Tank: Newsletter Volume 25, Issue 13
On June 6, 2025, a federal judge gave final approval to the long-awaited settlement in the antitrust lawsuit, House v. NCAA (discussed in a previous Fish Tank).
UPDATE: The Beige Battle Ends in a Whimper, Not a Verdict
Fish Tank: Newsletter Volume 25, Issue 12
In our previous FishTank article “The Great Beige-Off: Influencer Sues for ‘Vibe’ Infringement,” we reported on Sydney Nicole Gifford’s lawsuit against fellow influencer Alyssa Sheil over allegations of copyright infringement involving neutral-toned social media content.
Technology Digs Deep Under Pyramids
FishBits: Mini Article Volume 25, Issue 11
People have long pondered whether or not the Giza pyramids were indeed solely burial chambers, which was the only known, and archaeologically determined, use—until now.
True Blue: The Monopolization Of Color And Why Using Another Brand’s Color Could Paint You Into A Legal Corner
Fish Tank: Newsletter Volume 25, Issue 11
As the story goes, Klein was so taken with the indescribable blue of the sky over the Mediterranean in Nice, France, that he dedicated his artistic talent developing a blue that would imbue the canvas with this color in its purest form.
Direwolves are de-extinct. Will we soon have patent pending pterodactyls?
FishBits: Mini Article Volume 25, Issue 10
If genetically modified animals, with patented DNA, are released into the wild, would their offspring be covered under the patent? Who would own these animals, nature or Colossal?
Meghan (Markle) AKA the Duchess of Sussex goes from TV “Suits” to real life legal drama
Fish Tank: Newsletter Volume 25, Issue 10
Despite her pseudo-legal background in Suits, Meghan has been running into one issue after another in her efforts to register the trademark and logo for her new lifestyle company, for now, called “AS EVER”.
Anna Jarvis Gave Us Mother’s Day—and this is how we repaid her?!
FishBits: Mini Article Volume 25, Issue 9
By 1930, efforts began in New York to replace Mother's Day with Parent's Day because men were more than just breadwinners. Those efforts didn't catch on, probably because in that era, women often spent more time in the home.
Don’t Stagnate, Collaborate: NikeSkims and The Importance of Brand Collaborations
Fish Tank: Newsletter Volume 25, Issue 9
In February, Nike and Skims announced that they will be working together on a new brand, NikeSkims. The co-brand will create a new line of training apparel, footwear, and accessories specifically designed to meet the unique needs of women athletes.
Calling All Copyright Small Claims!
FishBits: Mini Article Volume 25, Issue 8
Generally, federal courts have exclusive jurisdiction over copyright cases, and often, this presents an insurmountable paywall for individual artists and small businesses to vindicate their rights, especially where the value of the individual copyrighted works are relatively low.
NIL, Transfer Portals, and Title IX – The College Sports Revolution
Fish Tank: Newsletter Volume 25, Issue 8
Hold onto your foam fingers, sports fans – college sports just got a whole lot more interesting! The latest updates to Name, Image, and Likeness (NIL) rules are making student-athletes bigger than ever, and it’s not just about the game anymore.
Copyright Colonialism? One Court Says “Double Shot” has a Single Owner
FishBits: Mini Article Volume 25, Issue 7
Did a federal court in Louisiana recently decide that US copyrights are global rights? It seems so.
Innovation vs. Imitation: L.A.B. Golf’s Challenge Against Legacy Brands
Fish Tank: Newsletter Volume 25, Issue 7
L.A.B. Golf aims to protect its innovations, and therefore its market position, owning three patents for its zero-torque design. The question now is whether L.A.B. Golf can withstand the wave of copycat designs.
The Real Slim Shady Didn’t License That!
FishBits: Mini Article Volume 25, Issue 6
One of his most famous songs, “Lose Yourself” was recently at the center of a lawsuit. In 2019, Eminem’s publishing company Eight Mile Style sued Spotify claiming that Spotify streamed a number of its musical compositions without proper licenses.
WHAT’S WHO’S IN A NAME?
Fish Tank: Newsletter Volume 25, Issue 6
Our latest article tackles three common trademark questions: 1. Can I trademark my own name? 2. Can I trademark the name of a fictional character? 3. Can I trademark the name of a U.S. president or British royal?
AI Pushes Copyright Limits—Court Pushes Back
FishBits: Mini Article Volume 25, Issue 5
One of the most common challenges is whether AI should be free to train on data that is protected by copyright and owned by third parties without first obtaining permission.
John Wick to Jane Wick: “Yeah, I’m Thinking I’m Back.”
Fish Tank: Newsletter Volume 25, Issue 5
Like the titles of single creative works, character names do not generate trademark rights unless used for a series of creative works (meaning two or more). A year ago, Jane Wick, LLC filed a trademark application for the mark JANE WICK in logo format.
AI Wrote This Headline—And It’s Not Copyrightable
FishBits: Mini Article Volume 25, Issue 4
The U.S. Copyright Office (USCO) recently published its latest report on AI and “copyrightability.” In short, the USCO considers only some AI-generated works to be sufficiently creative as to deserve copyright protection, and thus, registration.
Bottle Cap Trivia and Fire at the Patent Office
Fish Tank: Newsletter Volume 25, Issue 4
We know that as of June 4, 2024, the United States Patent and Trademark Office (USPTO) had issued more than twelve million patents. We also know that more than 10,000 patents were in existence before the count began.
Red, White, and Sued: Captain America’s Copyright Battle
FishBits: Mini Article Volume 25, Issue 3
Back in the 1940’s assignments by independent contractors could be permanent and irrevocable. Things changed in 1976, when Congress overhauled the Copyright Act.
Tick-Tock; Is Time Up on TikTok?
Fish Tank: Newsletter Volume 25, Issue 3
What may be a mere source of entertainment for the general population also serves as a lucrative source of income for many who use the platform to promote goods and services or their public opinion on relevant news topics.
The Great Beige-Off: Influencer Sues for ‘Vibe’ Infringement
FishBits: Mini Article Volume 25, Issue 2
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles.
Protecting Memes: Can You Own a Viral Sensation?
Fish Tank: Newsletter Volume 25, Issue 2
In the age of the internet, memes are a universal language. A meme is a piece of content, typically an image, video, text, or a combination of these, that spreads rapidly across the internet, often with humorous, relatable, or satirical undertones.
Eggnog – Love It or Love to Hate It?
Fish Tank: Newsletter Volume 25, Issue 1
Eggnog may be tracked back to the medieval British beverage posset – a warm, thickened milk drink made with wine or beer, cream or sugar, eggs, bread or oatmeal, and spices.
Happy Public Domain Day
FishBits: Mini Article Volume 25, Issue 1
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.
The Rich History of Hot Chocolate
Fish Tank: Newsletter Volume 24, Issue 30
Hot chocolate, also known as hot cocoa, is a beloved beverage enjoyed by many around the world. Its history is as rich and complex as the drink itself, spanning thousands of years and multiple continents, evolving from a cold and spicy drink to one that is typically warm and sweet.
A White Out: Holiday Cheer for Collegiate Sports Licensing
Fish Tank: Newsletter Volume 24, Issue 29
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.
FishBits 2024 Wrapped!
FishBits: Mini Article Volume 24, Issue 22
Check out our year in review in this special article of FishBits 2024 Wrapped!
Cracking Nature’s Code: How AI is Revolutionizing Science
Fish Tank: Newsletter Volume 24, Issue 28
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.
Will you add MetaBirkin to your holiday wish list?
FishBits: Mini Article Volume 24, Issue 21
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 Read More
Keeping It Cool: The Kimchi Storage Revolution
Fish Tank: Newsletter Volume 24, Issue 27
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...
Thanksgiving Football Tradition with a side dish of Copyright Infringement
FishBits: Mini Article Volume 24, Issue 20
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 Read More
Gourd-geous Patents: Seasonal Insights into Innovation and Creativity
Fish Tank: Newsletter Volume 24, Issue 26
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.
Sonny Bono’s Widow Must Pay Cher Royalties
FishBits: Mini Article Volume 24, Issue 19
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.
Message On A Bottle
Fish Tank: Newsletter Volume 24, Issue 25
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.
Who Ya Gonna Call? Ghostbusters Win Infringement Lawsuit
FishBits: Mini Article Volume 24, Issue 18
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.
Not All Super Heroes Wear Capes, Or Trademark Registration Symbols
Fish Tank: Newsletter Volume 24, Issue 24
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.
A Copyright Ghost Story by Mark Twain
FishBits: Mini Article Volume 24, Issue 17
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!
Pokémon v. Palworld: Can Pokémon and Pals coexist?
Fish Tank: Newsletter Volume 24, Issue 23
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.
Banana Taped to Wall–Copyright Lawsuit Loses on A-peel
FishBits: Mini Article Volume 24, Issue 16
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."
ATLIENS vs. ATLiens, Let Me Hear You Say “O-Nay-Yer”
Fish Tank: Newsletter Volume 24, Issue 22
Last month, Outkast filed suit against ATLiens Touring, seeking an injunction against ATLiens Touring’s continued use of ATLiens and seeking damages.
Crayola’s Crayons Pass the USPTO Smell Test
Fish Tank: Newsletter Volume 24, Issue 21
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?
OH SHOOT & WTF: REGISTERING BAD, DISPARAGING AND SCANDALOUS WORDS AS TRADEMARKS
Fish Tank: Newsletter Volume 24, Issue 20
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.
NBA Teams Sued for Copyright Infringement
FishBits: Mini Article Volume 24, Issue 15
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.
Enough Use to Stay Airborne
Fish Tank: Newsletter Volume 24, Issue 19
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.
Trumpamania Trademark Filings Get Ready to Rumble
FishBits: Mini Article Volume 24, Issue 14
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.
Protecting Digital Content in the Age of Social Media
Fish Tank: Newsletter Volume 24, Issue 18
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.
Alfa Romeo “Milano” EV-SUV Changes Name to Avoid Conflict with Italian Trademark Laws
Fish Tank: Newsletter Volume 24, Issue 17
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 Battle to Protect “WORDLE”
Fish Tank: Newsletter Volume 24, Issue 16
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.
Copyright Infringement on the Campaign Trail
FishBits: Mini Article Volume 24, Issue 13
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.
Bad Spaniels Is Back, and This Time, It Bites Back
Fish Tank: Newsletter Volume 26, Issue 19
The Ninth Circuit just reversed course on Jack Daniel's dilution claim against the 'Bad Spaniels' dog toy, vacating the injunction and ruling that parody humor alone doesn't prove reputational harm. Here's what the decision means for brand owners pursuing tarnishment claims.
Read More
A Cautionary Tale on Trading Cards
Fish Tank: Newsletter Volume 26, Issue 18
The trading card industry is booming again - and what makes this moment different is not who holds the cards, literally and figuratively, but how the trading card space is rapidly evolving.
Read More
The Great FIFA Cover-Up
Fish Tank: Newsletter Volume 26, Issue 17
Imagine paying millions of dollars for the naming rights to a stadium—only to have your brand hidden behind a giant white tarp. That’s exactly what happened to Levi Strauss during the 2026 FIFA World Cup.
Read More
Beneath the Rocket’s Red Glare: Intellectual Property Considerations for Drone-Based Light Shows
Fish Tank: Newsletter Volume 26, Issue 16
As we celebrate our nation’s birthday on July 4th, many communities are replacing or supplementing traditional fireworks with drone-based light shows - which prompts the question of intellectual property protection.
Read More
#DupeInfringement: When Social Media “Dupes” Cross the Trademark Line
Fish Tank: Newsletter Volume 26, Issue 15
The fun internet trend of promoting "dupes" has officially crossed the trademark line and everyday content creators are finding themselves in the crosshairs of multimillion-dollar corporate lawsuits.
Read More
IP Scavenger Hunt: FIFA Branding at the 2026 World Cup
Fish Tank: Newsletter Volume 26, Issue 14
The FIFA World Cup is global football (or soccer) at its highest level. It is, however, also one of the most carefully crafted displays of intellectual property (IP) in the world.
Read More
TRADEMARK LAW OFF-LEASH
Fish Tank: Newsletter Volume 26, Issue 13
Trademark owners are often cast as villains when they send cease-and-desist letters. But in trademark law, failing to enforce rights can sometimes create bigger problems than enforcing them.
Read More
WNBA Comebacks, Celebrity Claims, and a Trademark Plot Twist?
Fish Tank: Newsletter Volume 26, Issue 12
Women’s sports are having a moment, and not a small one. And right alongside that rise: the business of women’s sports is heating up, including some surprisingly dramatic trademark battles.
Read More
Inventing DNA?
Fish Tank: Newsletter Volume 26, Issue 11
The idea that someone might “own” a piece of DNA raises a slightly uncomfortable question: can you really patent something that exists inside all of us?
Read More
The Bots Have Found Religion; What Will They Come Up With Next?
Fish Tank: Newsletter Volume 26, Issue 10
Forbes reported that more than 1.5 million bots on an AI agent-driven social network appear to have created a new religion for themselves, the Church of Molt, with congregants adopting the name of “Crustafarians.”
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The Business of a Buzzer-Beater: NIL Lessons from March Madness
Fish Tank: Newsletter Volume 26, Issue 9
Every March, college basketball players get an opportunity to become household sensations overnight. In today’s NIL (Name Image Likeness) era, that moment can be a once-in-a-lifetime business opportunity.
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Luck of the IP: How Intellectual Property Colors St. Patrick’s Day
Fish Bits: Newsletter Volume 26, Issue 4
Behind the shamrocks and celebrations of St. Patrick's Day lies a surprisingly rich intersection with intellectual property.
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Flippers Up!
Fish Tank: Newsletter Volume 26, Issue 8
Last week, PEI Licensing, LLC., the owner of the ORIGINAL PENGUIN brand (also known simply as PENGUIN) sued Pudgy Penguins Inc. in federal court in Florida over their respective penguin trademarks.
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Battling AI Misuse with Trademark Law May Be “Alright” for Actor Matthew McConaughey
Fish Tank: Newsletter Volume 26, Issue 7
Matthew McConaughey recently obtained several trademark registrations with the U.S. Trademark Office in an effort to digitally capture and protect his entire persona.
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Rethinking IP Strategy in an AI-Driven World
Fish Tank: Newsletter Volume 26, Issue 6
Patents enable others to learn from, build upon, and improve the disclosed invention effectively. However, some have questioned whether they still work in today’s artificial intelligence (AI) landscape.
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When Trademark Protection Becomes an Olympic Event
Fish Bits: Newsletter Volume 26, Issue 3
As athletes chase Olympic glory, the International Olympic Committee (“IOC”) is fighting a different battle, one over public perception and trademark law.
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From Dimples to Data: Patenting the Next Generation of Golf Technology
Fish Tank: Newsletter Volume 26, Issue 5
Golf is entering a data driven era, and the 2026 PGA Show showed that the most important IP in the game is shifting.
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Playing Defense Against Fake Super Bowl Merchandise
FishBits: Mini Article Volume 26, Issue 2
When it comes to Super Bowl fashion, jerseys are always in, but only the kind that are authentic and officially licensed.
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Attribution Is a Must, but It Isn’t a Get‑Out‑of‑Jail‑Free Card
Fish Tank: Newsletter Volume 26, Issue 4
Giving credit to an author is a nice gesture, but not knowing the rules can get you into trouble.
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I Smuggled in a Switch. Then I Learned I Don’t Own the Games
Fish Tank: Newsletter Volume 26, Issue 3
The shift from “owning a thing” to “holding a key” changes everything about how we consume media - and it brings us to a critical showdown in the world of IP.
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LESS IS MORE
Fish Tank: Newsletter Volume 26, Issue 2
In recent years, companies have gravitated toward a visual trend: the minimalist logo. While some critics dismiss the trend, the shift toward minimalism is rooted in something else other than fashion.
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New Year, New Brand? Avoid the A’s Trademark Mistake
FishBits: Mini Article Volume 26, Issue 1
When the Oakland Athletics announced plans to relocate to Las Vegas in 2028, many fans were excited. But the U.S. Patent and Trademark Office (USPTO) recently threw a curveball by refusing the team’s trademark applications for “Las Vegas Athletics” and “Vegas Athletics.”
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Inventing Life?
Fish Tank: Newsletter Volume 26, Issue 1
Advances in molecular biology have an uncanny knack of doing two things at once: saving lives and giving U.S. patent law a persistent headache.
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The Evolution of Artificial Christmas Trees: From Feathered Beginnings to Modern Innovations
Fish Tank: Newsletter Volume 25, Issue 28
Artificial Christmas trees have become an enduring symbol of holiday cheer, blending tradition with innovation. Today, they are celebrated for their convenience, sustainability, and versatility, but their story began centuries ago as a creative solution to environmental and safety concerns.
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Reverse Engineering Without Regret: Strategy Takeaways from the Bobcat – Caterpillar Skid-Steer Clash
Fish Tank: Newsletter Volume 25, Issue 27
Doosan Bobcat North America filed federal and international lawsuits against Caterpillar alleging Caterpillar improperly reverse engineered loader components.
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Nothing Says Christmas Like a Copyright Lawsuit
FishBits: Mini Article Volume 25, Issue 24
Nothing warms the holiday spirit quite like a copyright lawsuit over a light-up reindeer. Back in 2019, two companies went head-to-head over just that when Enchant sued Glowco for copyright infringement.
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BUTT OF THE JOKE
Fish Tank: Newsletter Volume 25, Issue 26
The real tech revolution in sports right now is being powered by AI that uses data from wearable sensors - and crunches numbers faster than any coach with a clipboard could.
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How AI is Changing Sports: When Your Smartwatch Knows More Than Your Coach
Fish Tank: Newsletter Volume 25, Issue 25
The real tech revolution in sports right now is being powered by AI that uses data from wearable sensors - and crunches numbers faster than any coach with a clipboard could.
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The Rise of Fake Copyright C&D Letters (And How Not to Get Taken In)
FishBits: Mini Article Volume 25, Issue 23
If your inbox has been serving up dramatic “copyright infringement” cease and desist letters lately, you’re not imagining it. Scam C&Ds are having a moment.
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Find a Penny, Pick it Up?
Fish Tank: Newsletter Volume 25, Issue 24
In British and American culture, finding a penny is traditionally considered to be sign of luck - but how long until we stop finding them altogether?
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National Magic Day: Celebrating the Life and IP of Harry Houdini
FishBits: Mini Article Volume 25, Issue 22
If you're planning a magic show, be careful if you invoke the name of the great Houdini... you may need more than trick handcuffs to escape an infringement lawsuit.
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Ghoul Rights Reserved: The Legal Side of Halloween
Fish Tank: Newsletter Volume 25, Issue 23
Costumes, masks, vampires, and candy corn are symbols of Halloween. But can anyone own rights to these icons of fright and festivity?
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Creepy Copyright: The Legend of Black Aggie
FishBits: Mini Article Volume 25, Issue 21
They say she watches. That her eyes glow red at midnight. That if you sit on her lap, you’ll never rise again. She’s called Black Aggie, and she wasn’t supposed to exist.
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The Curse of the Co-Owner: A Haunting Tale of Trademark Ownership
Fish Tank: Newsletter Volume 25, Issue 22
Read about a haunting trademark co-ownership arrangement gone frighteningly wrong.
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National Candy Corn Day – The Scariest Day of the Year
FishBits: Mini Article Volume 25, Issue 20
Dislike it or hate it, candy corn is a permanent fixture now - and it has its own official holiday!
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Cracker Barrel’s Logo Controversy: A Rebranding Misstep and the Return to Tradition
Fish Tank: Newsletter Volume 25, Issue 21
Cracker Barrel learned an important lesson with their recent logo rebranding campaign.
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School Lunches Look Different This Year
FishBits: Mini Article Volume 25, Issue 19
As students head back to school across the United States, many will notice changes to the cafeteria menu.
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Repo Revenge: How One Woman Drove Off with a Dealership’s Name
Fish Tank: Newsletter Volume 25, Issue 20
A Lima, OH woman turned the tables on a local car dealership after her vehicle was repossessed—by legally claiming the dealership’s name.
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Beyond the Label: Protecting Consumer Trust in a Compounded World
FishBits: Mini Article Volume 25, Issue 18
With semaglutide (Ozempic) on the national drug shortage list, Novo Nordisk relied heavily on the trademark laws for its intellectual property enforcement efforts.
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Clothing by any other name: The Doctrine of Foreign Equivalents
Fish Tank: Newsletter Volume 25, Issue 19
Trademark owners are advised to conduct searches for translations of any foreign terms in their proposed marks before selection to avoid this faux pas.
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Design Patents: Your Secret Weapon in Today’s Copycat Economy
FishBits: Mini Article Volume 25, Issue 17
In an era where product knockoffs surface faster than ever, smart businesses have discovered an underutilized but powerful form of intellectual property protection: design patents.
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Copyright Certificates Are Going Out… Naked!
Fish Tank: Newsletter Volume 25, Issue 18
If you recently got a copyright registration certificate in the mail and noticed it’s missing something kind of important—like a signature—you’re not imagining things.
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L.A.B. Golf Acquired, Will it Be a One-Major Wonder, or Future Golf No. 1?
FishBits: Mini Article Volume 25, Issue 16
L.A.B. Golf’s acquisition by L Catterton, a private equity group, is one of the largest deals involving a putter company in recent golf history. What does this mean for the future of the company?
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Tomorrow Never Dies, but 007’s Trademarks in Europe Might
Fish Tank: Newsletter Volume 25, Issue 17
Early this year, an Austrian property developer filed claims that several of the trademarks connected to the James Bond franchise have not been used as required to maintain trademark protections in these jurisdictions.
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The Met Gala’s IP Mystique: What’s Protected, What’s Not, and What Should Be
FishBits: Mini Article Volume 25, Issue 15
For the designers behind the original, the performance often ends at the red carpet. So where’s the legal protection? Under current U.S. intellectual property law, their options for protection are limited and, in many cases, untested in court.
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Frankenstein Rejections: Obvious(ness) Problems for Patentability
Fish Tank: Newsletter Volume 25, Issue 16
Under 35 U.S.C. §103, a claimed invention is unpatentable if the differences between it and the prior art would have been obvious to a person of ordinary skill in the art (“POSITA”) at the time the invention was made.
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Zoom-Bloom: Mazda Patent Makes Colors Pop
FishBits: Mini Article Volume 25, Issue 14
Mazda’s approach to design is as much about light as it is about lines. The interplay of highlights and shadows on the CX-90’s form is magnified by this paint system, which includes a lustrous metallic base, a richly pigmented translucent red layer, and a glossy clear coat. The result is a color that seems to move even when the car is standing still. It’s not just eye-catching—it’s engineered beauty.
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Antibody Patents: Details Under the Microscope
Fish Tank: Newsletter Volume 25, Issue 15
Antibodies are powerful tools in modern medicine, but securing patents for them has become increasingly complex. Following the Amgen v. Sanofi decision, companies must now provide much more detailed data to prove that their antibody inventions are fully "enabled," making it harder to claim broad protections. While this raises the bar for innovation, it also sparks debate: does it safeguard public interest or hinder progress?
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Fashionably Protected – Fashion Wears Longer with IP Rights
FishBits: Mini Article Volume 25, Issue 13
In the fast-paced world of fashion, IP Rights are often overlooked—yet they can be a game changer. From trademarks that protect brand identity to copyrights for original prints, IP Rights offer critical tools for protecting both creativity and market value.
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Protecting AI-Assisted Inventions
Fish Tank: Newsletter Volume 25, Issue 14
The US Patent and Trademark Office (“USPTO”) has now issued guidance explaining that AI-assisted inventions are not categorically unpatentable, embracing the use of AI in innovation, but that only humans can be inventors and must make a significant contribution to the invention.
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Playing with House Money
Fish Tank: Newsletter Volume 25, Issue 13
On June 6, 2025, a federal judge gave final approval to the long-awaited settlement in the antitrust lawsuit, House v. NCAA (discussed in a previous Fish Tank).
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UPDATE: The Beige Battle Ends in a Whimper, Not a Verdict
Fish Tank: Newsletter Volume 25, Issue 12
In our previous FishTank article “The Great Beige-Off: Influencer Sues for ‘Vibe’ Infringement,” we reported on Sydney Nicole Gifford’s lawsuit against fellow influencer Alyssa Sheil over allegations of copyright infringement involving neutral-toned social media content.
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Technology Digs Deep Under Pyramids
FishBits: Mini Article Volume 25, Issue 11
People have long pondered whether or not the Giza pyramids were indeed solely burial chambers, which was the only known, and archaeologically determined, use—until now.
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True Blue: The Monopolization Of Color And Why Using Another Brand’s Color Could Paint You Into A Legal Corner
Fish Tank: Newsletter Volume 25, Issue 11
As the story goes, Klein was so taken with the indescribable blue of the sky over the Mediterranean in Nice, France, that he dedicated his artistic talent developing a blue that would imbue the canvas with this color in its purest form.
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Direwolves are de-extinct. Will we soon have patent pending pterodactyls?
FishBits: Mini Article Volume 25, Issue 10
If genetically modified animals, with patented DNA, are released into the wild, would their offspring be covered under the patent? Who would own these animals, nature or Colossal?
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Meghan (Markle) AKA the Duchess of Sussex goes from TV “Suits” to real life legal drama
Fish Tank: Newsletter Volume 25, Issue 10
Despite her pseudo-legal background in Suits, Meghan has been running into one issue after another in her efforts to register the trademark and logo for her new lifestyle company, for now, called “AS EVER”.
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Anna Jarvis Gave Us Mother’s Day—and this is how we repaid her?!
FishBits: Mini Article Volume 25, Issue 9
By 1930, efforts began in New York to replace Mother's Day with Parent's Day because men were more than just breadwinners. Those efforts didn't catch on, probably because in that era, women often spent more time in the home.
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Don’t Stagnate, Collaborate: NikeSkims and The Importance of Brand Collaborations
Fish Tank: Newsletter Volume 25, Issue 9
In February, Nike and Skims announced that they will be working together on a new brand, NikeSkims. The co-brand will create a new line of training apparel, footwear, and accessories specifically designed to meet the unique needs of women athletes.
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Calling All Copyright Small Claims!
FishBits: Mini Article Volume 25, Issue 8
Generally, federal courts have exclusive jurisdiction over copyright cases, and often, this presents an insurmountable paywall for individual artists and small businesses to vindicate their rights, especially where the value of the individual copyrighted works are relatively low.
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NIL, Transfer Portals, and Title IX – The College Sports Revolution
Fish Tank: Newsletter Volume 25, Issue 8
Hold onto your foam fingers, sports fans – college sports just got a whole lot more interesting! The latest updates to Name, Image, and Likeness (NIL) rules are making student-athletes bigger than ever, and it’s not just about the game anymore.
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Copyright Colonialism? One Court Says “Double Shot” has a Single Owner
FishBits: Mini Article Volume 25, Issue 7
Did a federal court in Louisiana recently decide that US copyrights are global rights? It seems so.
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Innovation vs. Imitation: L.A.B. Golf’s Challenge Against Legacy Brands
Fish Tank: Newsletter Volume 25, Issue 7
L.A.B. Golf aims to protect its innovations, and therefore its market position, owning three patents for its zero-torque design. The question now is whether L.A.B. Golf can withstand the wave of copycat designs.
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The Real Slim Shady Didn’t License That!
FishBits: Mini Article Volume 25, Issue 6
One of his most famous songs, “Lose Yourself” was recently at the center of a lawsuit. In 2019, Eminem’s publishing company Eight Mile Style sued Spotify claiming that Spotify streamed a number of its musical compositions without proper licenses.
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WHAT’S WHO’S IN A NAME?
Fish Tank: Newsletter Volume 25, Issue 6
Our latest article tackles three common trademark questions: 1. Can I trademark my own name? 2. Can I trademark the name of a fictional character? 3. Can I trademark the name of a U.S. president or British royal?
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AI Pushes Copyright Limits—Court Pushes Back
FishBits: Mini Article Volume 25, Issue 5
One of the most common challenges is whether AI should be free to train on data that is protected by copyright and owned by third parties without first obtaining permission.
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John Wick to Jane Wick: “Yeah, I’m Thinking I’m Back.”
Fish Tank: Newsletter Volume 25, Issue 5
Like the titles of single creative works, character names do not generate trademark rights unless used for a series of creative works (meaning two or more). A year ago, Jane Wick, LLC filed a trademark application for the mark JANE WICK in logo format.
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AI Wrote This Headline—And It’s Not Copyrightable
FishBits: Mini Article Volume 25, Issue 4
The U.S. Copyright Office (USCO) recently published its latest report on AI and “copyrightability.” In short, the USCO considers only some AI-generated works to be sufficiently creative as to deserve copyright protection, and thus, registration.
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Bottle Cap Trivia and Fire at the Patent Office
Fish Tank: Newsletter Volume 25, Issue 4
We know that as of June 4, 2024, the United States Patent and Trademark Office (USPTO) had issued more than twelve million patents. We also know that more than 10,000 patents were in existence before the count began.
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Red, White, and Sued: Captain America’s Copyright Battle
FishBits: Mini Article Volume 25, Issue 3
Back in the 1940’s assignments by independent contractors could be permanent and irrevocable. Things changed in 1976, when Congress overhauled the Copyright Act.
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Tick-Tock; Is Time Up on TikTok?
Fish Tank: Newsletter Volume 25, Issue 3
What may be a mere source of entertainment for the general population also serves as a lucrative source of income for many who use the platform to promote goods and services or their public opinion on relevant news topics.
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The Great Beige-Off: Influencer Sues for ‘Vibe’ Infringement
FishBits: Mini Article Volume 25, Issue 2
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles.
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Protecting Memes: Can You Own a Viral Sensation?
Fish Tank: Newsletter Volume 25, Issue 2
In the age of the internet, memes are a universal language. A meme is a piece of content, typically an image, video, text, or a combination of these, that spreads rapidly across the internet, often with humorous, relatable, or satirical undertones.
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Eggnog – Love It or Love to Hate It?
Fish Tank: Newsletter Volume 25, Issue 1
Eggnog may be tracked back to the medieval British beverage posset – a warm, thickened milk drink made with wine or beer, cream or sugar, eggs, bread or oatmeal, and spices.
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Happy Public Domain Day
FishBits: Mini Article Volume 25, Issue 1
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.
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The Rich History of Hot Chocolate
Fish Tank: Newsletter Volume 24, Issue 30
Hot chocolate, also known as hot cocoa, is a beloved beverage enjoyed by many around the world. Its history is as rich and complex as the drink itself, spanning thousands of years and multiple continents, evolving from a cold and spicy drink to one that is typically warm and sweet.
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A White Out: Holiday Cheer for Collegiate Sports Licensing
Fish Tank: Newsletter Volume 24, Issue 29
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.
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FishBits 2024 Wrapped!
FishBits: Mini Article Volume 24, Issue 22
Check out our year in review in this special article of FishBits 2024 Wrapped!
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Cracking Nature’s Code: How AI is Revolutionizing Science
Fish Tank: Newsletter Volume 24, Issue 28
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.
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Will you add MetaBirkin to your holiday wish list?
FishBits: Mini Article Volume 24, Issue 21
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.
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Keeping It Cool: The Kimchi Storage Revolution
Fish Tank: Newsletter Volume 24, Issue 27
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...
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Thanksgiving Football Tradition with a side dish of Copyright Infringement
FishBits: Mini Article Volume 24, Issue 20
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.
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Gourd-geous Patents: Seasonal Insights into Innovation and Creativity
Fish Tank: Newsletter Volume 24, Issue 26
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.
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Sonny Bono’s Widow Must Pay Cher Royalties
FishBits: Mini Article Volume 24, Issue 19
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.
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Message On A Bottle
Fish Tank: Newsletter Volume 24, Issue 25
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.
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Who Ya Gonna Call? Ghostbusters Win Infringement Lawsuit
FishBits: Mini Article Volume 24, Issue 18
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.
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Not All Super Heroes Wear Capes, Or Trademark Registration Symbols
Fish Tank: Newsletter Volume 24, Issue 24
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.
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A Copyright Ghost Story by Mark Twain
FishBits: Mini Article Volume 24, Issue 17
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!
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Pokémon v. Palworld: Can Pokémon and Pals coexist?
Fish Tank: Newsletter Volume 24, Issue 23
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.
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Banana Taped to Wall–Copyright Lawsuit Loses on A-peel
FishBits: Mini Article Volume 24, Issue 16
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."
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ATLIENS vs. ATLiens, Let Me Hear You Say “O-Nay-Yer”
Fish Tank: Newsletter Volume 24, Issue 22
Last month, Outkast filed suit against ATLiens Touring, seeking an injunction against ATLiens Touring’s continued use of ATLiens and seeking damages.
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Crayola’s Crayons Pass the USPTO Smell Test
Fish Tank: Newsletter Volume 24, Issue 21
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?
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OH SHOOT & WTF: REGISTERING BAD, DISPARAGING AND SCANDALOUS WORDS AS TRADEMARKS
Fish Tank: Newsletter Volume 24, Issue 20
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.
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NBA Teams Sued for Copyright Infringement
FishBits: Mini Article Volume 24, Issue 15
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.
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Enough Use to Stay Airborne
Fish Tank: Newsletter Volume 24, Issue 19
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.
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Trumpamania Trademark Filings Get Ready to Rumble
FishBits: Mini Article Volume 24, Issue 14
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.
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Protecting Digital Content in the Age of Social Media
Fish Tank: Newsletter Volume 24, Issue 18
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.
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Alfa Romeo “Milano” EV-SUV Changes Name to Avoid Conflict with Italian Trademark Laws
Fish Tank: Newsletter Volume 24, Issue 17
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.
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The Battle to Protect “WORDLE”
Fish Tank: Newsletter Volume 24, Issue 16
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.
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Copyright Infringement on the Campaign Trail
FishBits: Mini Article Volume 24, Issue 13
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.
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