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?

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.

Costumes, masks, vampires, and candy corn are symbols of Halloween. But can anyone own rights to these icons of fright and festivity?

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.

Read about a haunting trademark co-ownership arrangement gone frighteningly wrong.

Dislike it or hate it, candy corn is a permanent fixture now - and it has its own official holiday!

Cracker Barrel learned an important lesson with their recent logo rebranding campaign.

As students head back to school across the United States, many will notice changes to the cafeteria menu.

A Lima, OH woman turned the tables on a local car dealership after her vehicle was repossessed—by legally claiming the dealership’s name.

With semaglutide (Ozempic) on the national drug shortage list, Novo Nordisk relied heavily on the trademark laws for its intellectual property enforcement efforts.

Trademark owners are advised to conduct searches for translations of any foreign terms in their proposed marks before selection to avoid this faux pas.

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.

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’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?

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.

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.

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.

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.

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?

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.

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.

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).

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.

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.

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.

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?

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”.

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.

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.

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.

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.

Did a federal court in Louisiana recently decide that US copyrights are global rights? It seems so.

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.

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.

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?

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.

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.

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.

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.

Back in the 1940’s assignments by independent contractors could be permanent and irrevocable. Things changed in 1976, when Congress overhauled the Copyright Act.

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.

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.

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 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. 

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

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. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How will you be celebrating World IP Day on April 26th? Finny will be swimming around the world testing the cleanliness of our waters and visiting his friends under the sea because this year’s topic is “Sustainable Development Goals” (or “SDGs” for short).

This coming week a few lucky parts of North America are preparing for the total solar eclipse that will create a path of totality cutting through Mexico, Ohio, New York, and many spots in between!

Climate change has increasingly dominated daily news cycles, signaling a growing urgency for action. The escalation of temperatures during the hottest months serves as a stark reminder of the immediate need for solutions. 

National Potato Chip Day in the US was on March 14, 2024. We hope you celebrated accordingly. We celebrated by reading up on an ongoing patent infringement lawsuit between two potato chip manufacturers.

President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Louboutin.    

The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters. 

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

“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.

This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.

Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.

This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.

A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.

One common “leak” in the secrecy of a startup happens upon filing for a new trademark application for the trademark intended to be used for the confidential venture. Trademark snoops scour new trademark application filings for market intelligence

Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.

Twenty-six years ago, the Michigan Wolverines won a national championship in football. The greatest quarterback in NFL history, Tom Brady, was on that roster but didn’t start a single game, sitting behind starter Brian Griese.

The poinsettia, well known for its red and green foliage, is an ubiquitous symbol of the Christmas holiday season. It has become one of the most popular plants in the world, with annual sales of around 90 million units and a global retail impact of nearly $US 1 billion.

Apple is set to cease online sales of their popular Series 9 and Ultra 2 smartwatches, followed by a suspension of in-store sales on Christmas Eve. The abrupt halt in smartwatch sales stems from an ongoing intellectual property dispute.