One thing is for certain in the intellectual property world – no one likes the feeling that someone has stolen something. For business owners, not every similarity or perceived “theft” of an idea or concept is actionable under the law. This is especially true if technology is involved, since the law usually lags behind the […]
I Love You, says Gene Simmons
What, aside from words and logos, can be trademarked? Gene Simmons (of the rock band, “Kiss,” fame) recently filed a trademark application for the registration of a variation of the “devil horns” hand gesture, and it has caused some uproar in the music community among fans and fellow metal musicians. Can Gene Simmons trademark a […]
Do your shopping: Not all patents are equal
Every three to 10 years, the average consumer embarks on the process of buying a shiny new (or new-used) car. There are many decisions to be made as to the type of vehicle, amenities desired or considered essential; and the buyer’s budget. Considering price alone, there are few who would suggest there is no difference between […]
The tale of the cheerleader and the protectable 2-D artwork
Anyone who works in the fashion or the arts is likely aware of the difficulty of protecting your designs, with the constant battle with knock-offs and copycat products. While brand names and distinctive elements can be protected under trademark law, smaller designers and brands often find themselves without recourse if their ideas are replicated. Recently, […]
When Students Prove the Experts Wrong
Invention often results from someone doing what the conventional wisdom of those “in the know” understand as being impossible or improbable. Just as knowledge and experience can provide the insight for advancement, it can also hinder advancement, causing avenues of study and experimentation to be overlooked or avoided. On Feb. 17-18, the Denver Metro Regional […]
Use Caution When Utilizing Third Party Content
These days most websites and other online service providers accept and host some sort of third-party content. The hosting and display of user-generated content can potentially subject the website or service provider to liability for its users’ online copyright infringement. Congress enacted a safe harbor for service providers which limits a service provider’s liability if it is […]
Should You Patent or Not?
When it comes to software, its clear as mud. While patenting software innovations isn’t dead, the uncertainty of whether a particular software-related invention is patentable subject matter has become highly uncertain. Also, the average cost of obtaining a software-related patent for those applications that survive the subject matter inquisition is considerably higher than it was […]
A closer look at taco trucks and baskets of deplorables
In our internet and meme-driven world, there always seem to be issues surrounding the ownership and protection of sound bites/short phrases/and or slogans. Election years take these issues to a whole different level. Political speech makes a nice illustration of the sometimes rocky road to protecting short phrases and slogans. While one would think the […]
To patent or not to patent: That is the question
Prospective clients routinely ask whether getting a patent makes sense given that she would not likely be able to afford the cost of the lawsuit necessary to enforce the patent and stop an infringer. The truth is that patent infringement litigation is expensive; attorneys’ fees alone usually exceed $1 million in a case taken through […]