In a lawsuit earlier this year, lawyers were sanctioned for citing six cases based on legal research using ChatGPT. The problem was that the cases cited to the court do not exist – i.e., they were entirely fabricated by ChatGPT.

September 19th is International Talk Like a Pirate Day. In terms of intellectual property, “pirating” refers to the unauthorized copying, distribution, or use of someone else's creative work without their permission, and often for personal or financial gain.

School names and their indicia are now a big source of revenue and local schools’ merchandise is found alongside college and pro sports merchandise. However, included with the increased visibility from the monetization and use of school names and mascots are trademark infringement risks.

National Red Wine Day is observed each year on August 28th. This year, to celebrate, we are sharing a fun story about wine, trademarks, and legal battle over the rights to use a family name on wine labels.

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

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

Before Barbie danced her way onto the silver screen, she graced the pages of less popular media – the Official Gazette of the United States Patent Office, a weekly journal that publishes select portions of patents issued that week.

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

The words “generative artificial intelligence” or “generative AI” have been crowding headlines for months with stories about the potential benefits and perils to humans. This article breaks down the top questions and answers we encounter regarding AI and intellectual property.

How many ways are there to tape a banana to a wall? Yes, this is a serious legal question. In fact, this was the question presented in a recent copyright infringement lawsuit in Florida.

The announcement of Apple’s new spatial computing headset (available early 2024) and recent news of an attorney affidavit admitting reliance on a fake court case produced by ChatGPT together conjure a strange mix of reactions.

Under US copyright law, to receive protection, a work must be “fixed” which means that a work must be expressed or embodied in a material medium that lasts for more than a transitory period.

The development of fireworks dates back over 2,000 years starting with the development of gunpowder in China.  Initially, gunpowder was used for medicinal purposes, but its explosive properties were soon recognized, and Chinese innovators began harnessing gunpowder for entertainment, celebrations, and other applications.

Throughout history, members of the LGBTQI+ community have played a pivotal role in advancing scientific knowledge, engineering groundbreaking inventions, and challenging societal norms. In honor of Pride Month, we are delighted to shine a spotlight on the remarkable contributions of a few LGBTQI+ inventors and scientists.

In a rare unanimous decision, the Supreme Court sided with Jack Daniel’s Properties, reversing the Ninth Circuit decision that found VIP Products’ dog chew toy, a non-infringing parody of the trademark rights Jack Daniel’s holds in its name, JACK DANIEL’S, OLD NO. 7, the label, and bottle design.

June 8th is World Ocean Day which raises awareness about the importance of the oceans and encourages conservation efforts to protect marine ecosystems. We are taking a moment to highlight some of the game changing inventions designed to keep our oceans clean.

People like tacos on Tuesdays. They just do. It’s even fun to say: “Taco Tuesday.” But since 1995, Registrant has owned a federal trademark registration for “Taco Tuesday.” Not cool.

The US Copyright Office recently made headlines for partially revoking a copyright registration it previously issued for an AI-generated graphic novel. Artist Kristina Kashtanova used the Midjourney platform to create images that she included in her graphic novel called Zarya of the Dawn.

Ed Sheeran recently successfully defended against a copyright infringement lawsuit over his 2014 hit “Thinking Out Loud.” Songwriter Ed Townsend’s heirs brought the suit alleging Sheeran had infringed Townsend’s copyrights in the 1973 Motown classic, “Let’s Get It On” which Townsend co-authored with Marvin Gaye.

General Mills, Inc. obtained design patent USD759,342 for a “shaped tortilla” —a concept that has been around probably as long as the tortilla itself.

In the Midwest, open water fishing season is upon us. As with traveling on the Great Lakes, navigating the choppy waters of the United States Patent and Trademark Office (USPTO) can be a daunting endeavor for any applicant angling to protect their innovations.

Inventors and designers have the challenging job of inventing and designing around many issues: prior art, competitive products, budgets, physics, consumer safety, market demand, supply chain hiccups, government regulations, and … taxes.

American publishing houses consistently snapped up the works of the famous British author, re-published them in cheap editions, which sold all over the country, and they pocketed the proceeds without any remuneration to Charles Dickens. 

For many of us, the term “Easter egg” conjures up memories of dying hard-boiled eggs in bright colors or hunting for treasures and candies stuffed inside plastic orbs hidden around the neighborhood.

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

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

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

Each year, March 14th is celebrated as Pi Day around the world. This day is dedicated to the mathematical constant π, which represents the ratio of a circle's circumference to its diameter.

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

Artificial Intelligence tools have been all the rage in recent months. From ChatGPT to Midjourney, these tools take different forms but the premise is the same: a user enters a prompt in text form, and the AI tool creates a response in text-form or image.

On February 20th we celebrate Presidents’ Day. In honor of the holiday, we wanted to celebrate the only U.S. President to receive a patent.

Looking for the perfect Valentine’s Day gift? How about a non-fungible token (“NFT” for short). NFTs are digital certificates of ownership of assets, such as artwork (physical or virtual).

​The world’s five largest IP offices (“IP5”)—representing the patent offices of Europe, Japan, South Korea, China, and the United States—have published the IP5 Statistics Report 2021.

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.

$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.

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.

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.

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.

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.

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.

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?

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.

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.

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.  

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.

 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.   

Should a 19-year old’s consent to their NIL rights be binding as they mature? Should unilateral revocation of NIL rights be permitted?

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?

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.

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.

After a 37-year absence, the United States Football League (“USFL”) returned this year for another season!… Or did it?

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’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.

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.

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.

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.

On July 12, 2022, the world was collectively wowed by the stunning images sent back to Earth by the James Webb* Space Telescope.

A trademark lawsuit brought by Vans against MSCHF, a Brooklyn-based art collective behind musician/artist Tyga’s “Wavy Baby” sneaker design.

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.

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.

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!

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.

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.

Apple loses its EU registration for the iconic THINK DIFFERENT trademark. Attorney Linda Callaghan unravels this cautionary tale in trademark law.

Amazon reported that over 3 million counterfeit products were seized in 2021. Find out how to protect your brand with attorney Art Hallman.

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 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.

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.

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.

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 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.

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.

Attorney Art Hallman cranks up the tunes and explores recent copyright infringement cases involving super stars Ed Sheeran and Dua Lipa.

This World IP Day, we celebrate young inventors and creators who are shaping our future; Oakpoint honored by DBusiness Magazine.

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.

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.

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.

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.

Look what you made Taylor Swift do! Attorney Michael Stewart explains T-Swift's copyright battle and how she regained control over her music.

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.

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.

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.

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.

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.

Luxury clothing companies are going digital to give your online persona a makeover. Explore the latest trends with fashion forward attorney Kristyn Webb.

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!

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.

"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.

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.

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.

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.

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.

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 paintings and an artist's reputation. Learn more with attorney Zachary Grant in this week's FishBits article.

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.

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.

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.

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.

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.