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    Home / Copyright and Trademark

    Copyright and Trademark

    Beyond the Coke® and Pepsi® Challenge: Liability with Regard to Comparative Advertising

    Beyond the Coke® and Pepsi® Challenge: Liability with Regard to Comparative Advertising

    In 1975, Pepsi-Cola launched an advertising program in which patrons at shopping malls all over the United States engaged in a blind taste test of Coke and Pepsi. The results

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    Posted March 14, 2022 | by admin |in Copyright and Trademark
    The New “Small Claims Court” for Copyright Claims under the CASE Act

    The New “Small Claims Court” for Copyright Claims under the CASE Act

    In order to “promote the progress of science and useful arts,” the U.S. Constitution (Art. 1; Sec. 8) gives Congress the authority to secure the exclusive rights to their creations

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    Posted March 8, 2022 | by admin |in Copyright and Trademark
    Trademarks: Use Them or Lose Them

    Trademarks: Use Them or Lose Them

    (No actual communications are presented in this blog; they are fictionalized)             I was working on a trademark filing the other day, and I shot an email to my client:

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    Posted February 11, 2022 | by admin |in Copyright and Trademark
    The Changing World of Intellectual Property in Academic Settings

    The Changing World of Intellectual Property in Academic Settings

    Arthur Chaykin, head of the Intellectual Law Group at Kennyhertz Perry, recently finalized the successful settlement of a case involving the inventorship rights of a university professor. Professors and students

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    Posted February 19, 2021 | by admin |in Copyright and Trademark
    The Saga of the Apple and the Pear – The Non-Intuitive World of Trademark Dilution

    The Saga of the Apple and the Pear – The Non-Intuitive World of Trademark Dilution

    The above comparison of two trademarks was presented on Page 22 of Apple Inc.’s trademark Opposition to the registration of the pear logo owned by Super Healthy Kids, Inc. (“SHK”).

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    Posted September 8, 2020 | by admin |in Copyright and Trademark
    Software Patentability: Federal Judge explains how to go through the Alice looking glass.

    Software Patentability: Federal Judge explains how to go through the Alice looking glass.

    The question of the extent to which software innovations were patentable has long confused attorneys and their clients. Section 101 Patent Act welcomes “any new and useful process, machine, manufacture,

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    Posted June 4, 2020 | by admin |in Copyright and Trademark
    A Concise Guide to the Lowly Descriptive Trademark

    A Concise Guide to the Lowly Descriptive Trademark

    It happens rarely, but there are some areas in which lawyers provide legal advice that is systematically ignored by a large segment of clients. For many decades, trademark lawyers have

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    Posted March 6, 2020 | by admin |in Copyright and Trademark
    THE ENFORCERS STRIKES BACK

    THE ENFORCERS STRIKES BACK

    Kansas City is giddy about the success of its football team. Many artisans, designers, entrepreneurs, and other creative people are presenting a wide range of team, player, and “Big Game”

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    Posted January 27, 2020 | by admin |in Copyright and Trademark
    The Good, the Garnish, and the Gather: Looming Court Fight Teaches a Great Deal About Branding and Trademark Rights

    The Good, the Garnish, and the Gather: Looming Court Fight Teaches a Great Deal About Branding and Trademark Rights

    Garnish and Gather, LLC (“G&G”), a relatively small Georgia company selling meal kits and fresh and prepared foods, has filed a trademark lawsuit in the Southern District of New York

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    Posted December 2, 2019 | by admin |in Copyright and Trademark

    Does Someone Own Everything? The Carlton Dance and Hakuna Matata

    Two recent cases in the news demonstrate the dangers of failing to consider judicious management of intellectual property rights with regard to products that include expressive content or identifiers. The

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    Posted January 2, 2019 | by admin |in Copyright and Trademark

    World’s Largest Copy Machine Generates Copyright Damages

    The founder of Wired Magazine, Kevin Kelly, observed that “The internet is the world’s largest copy machine.” This giant copy machine is easy to operate and explosively expands copying. In

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    Posted December 6, 2018 | by admin |in Copyright and Trademark, News
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