The U.S. Supreme Court handed down a ruling on February 24, 2022, on a case argued on November 8, 2021. Unicolors, Inc. v. Hennes & Mauritz, LP involved a group of 31 design patents, nine of which were confined designs reserved for exclusive use by specific...
Peloton and Lululemon square off in classic IP dispute
Peloton has grown its brand in unprecedented ways in recent years. While stationary bikes have been around for decades, Peloton modernized the concept by putting it online. Instead of just pedaling in a gym or at home, the modern iteration enables users to connect...
Who owns a food recipe?
Some families pass down recipes from generation to generation, but sometimes the cook will keep it a secret even from other family members. Other professional chefs have secret ingredients (or food sources) that they are unwilling to share with fellow staff. On the...
Copyright protections only work when they are registered
Intellectual property law is usually quite complicated, but sometimes the circuit courts do not help. For example, different circuits will establish different interpretations of the law. This can lead to the Supreme Court stepping in and ruling so there is a...
Protecting IP from competitors and former employees
One of the most valuable assets a company can have is its intellectual property. Just as jewelry stores lock up their diamonds and gold, companies must secure and protect IP from competitors and ex-employees. You can’t lock your IP in a safe, of course. It must often...
A look at copyrights and the statute of limitations
The 20th anniversary of the creation of the first popular peer-to-peer file-sharing platform passed late last year with little fanfare. But back in its heyday, Napster stood the music industry on its head, sending major labels (Sony, Universal, EMI, etc.) into a...
The complex intersection of 3-D printing and IP law
Intellectual property law is based, in part, on tracing accountability. When a new product infringes upon an existing, protected IP, you can draw a line from the infringing item to a perpetrator. These connections can be much more difficult to trace when 3-D printers...
What is fair use?
As you conduct business, you must pay attention to the trade secrets that set your business products and services apart from those of competitors in the marketplace. You may be on either side of a potential controversy over intellectual property such as the following:...
Copyright infringement could involve more than direct use
When you imagine a copyright infringement dispute, you might picture two parties: the copyright holder and the party that allegedly used the copyrighted work improperly. However, it is possible for copyright infringement disputes to involve multiple parties. Some...
What is the difference between a trademark and copyright?
There are different types of protections for intellectual property. If you are not familiar with the options, it can become confusing to differentiate among them. However, there are distinct differences among the various forms of protection. Two common types of...