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 tended to favor Pepsi and “the Pepsi challenge” was an important feature of Pepsi-Cola’s advertising in 1975. Although the “Pepsi challenge” is a famous example
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 and discoveries to authors, artists, and inventors. Although filing a copyright registration is not a “one-click” operation, depending on the complexity of the particular filing,
(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: We need a specimen that shows that your product is in use in commerce in association with your trademark. Please send a picture or a
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 often create intellectual property as part of their academic work and there is increased interest and debate as to who owns the intellectual property, how
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”). SHK wants to use its pear logo in connection with their service that educates people to prepare nutritious meals for kids by marketing an online
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, or composition of matter, or any new and useful improvement thereof.” But an important exception pertaining to software patents was identified by the U.S. Supreme
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 advised clients not to use “descriptive terms” as trademarks because they are “weak.” And yet clients – or at least some clients – love these
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” merchandise for sale. However, as we expected, owners of various trademark and publicity rights are aggressively increasing their enforcement efforts. Regardless of one’s intention to
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 against Target Corporation to stop Target’s use of “Good & Gather” as its new in-store food brand. The history and current status of the case
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 wildly popular video game – Fortnite – includes animated dances that are sold to game players as “emotes.” The emotes can then be attached to
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 addition, technology such as software apps and camera phones create a constant stream of images and other content. Amid this radical change, the law of
