Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 23, Issue 14
Share on Social

PATENTS IN RED, WHITE, AND BOOM!
As we prepare to celebrate our nation’s independence, our plans include parties, picnics, and parades which often conclude with an evening of fireworks. It has become quite the tradition and an integral part of the festivities.
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.
As time passed, China developed more sophisticated fireworks. They discovered that different chemical compounds and additives could produce a variety of colorful effects. By adding various metal salts to gunpowder mixtures, they achieved vibrant colors like red, green, and yellow. This advancement allowed for the creation of dazzling visual displays in the night sky.
But can it be true that something as old and time-tested as fireworks have experienced continued innovation and development since their origins in ancient China?
The use of fireworks for celebration stretched globally over the centuries and by the 17th and 18th centuries, fireworks had reached the American colonies. The colonists adopted the use of fireworks for various occasions, including political rallies, Independence Day celebrations, and other festivities. John Adams advocated for fireworks as part of the Fourth of July celebrations, famously writing:
“It ought to be solemnized with Pomp and Parade, with Shews, Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this Continent to the other from this Time forward forever more.”
Fireworks thus quickly became an integral part of the American tradition – with innovations fueled by the nation’s patent system. T.M. Pierce developed a fireworks torch in 1893 and A.J. Lutz toy fireworks in 1899. The humble sparkler arrived on the scene in 1934 and a shielded holder in 1941. Focus in recent years has been on other issues, with a harmless firework in 1973, a patent for decreased environmental impact in 1994, and a patent to reduce animal anxiety in 2016.
But the products themselves are clearly still under active development. An inventor in China recently patented the famous firework with a smiling face effect – which many of us have seen (the smiling face is shown in Figure 2), a light display method and fireworks shell from an inventor in Japan, and a recently issued U.S. patent for cold fireworks.
From their humble origins in ancient China to the extravagant displays witnessed around the world today, fireworks have evolved into an integral part of cultural celebrations and joyous events. They continue to captivate audiences, evoke awe and wonder, and symbolize the collective human desire to celebrate, commemorate, and marvel at the beauty of light and color in the night sky.
We can trust that inventors worldwide will continue innovating and we look forward to new experiences in years to come.
Paul Ratzmann is a partner at Fishman Stewart and a registered patent attorney, practicing in many technology fields. As an engineer, before he became a patent attorney, Paul was an inventor and is listed on eleven US patents, such as the one listed here.
The ESD TechCentury Student Writing Contest Returns for 2023
Fishman Stewart is honored to again sponsor the 2023 Engineering Society of Detroit’s (ESD) TechCentury Student Writing Contest to promote and engage student voices and ideas about the engineering profession. The contest is open to all students studying engineering or a related field at Michigan universities, with the top three finishers being published in the ESD’s January 2024 edition of the TechCentury magazine, and a $1,000 scholarship award to the first-place finisher.
Fishman Stewart is proud to support the educational pursuits of a future generation of innovative minds and looks forward to the contest.
For more information, please contact Susan Thwing at sthwing@esd.org.
Related Content from Fishman Stewart
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.
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.
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.
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.
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.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
