Tag: intellectual property

A Scent of Hesitation: Navigating Ambiguity With Scent Trademarks

By: Kelsey Shaughnessy Crayola’s Chief Executive Officer Pete Ruggiero recognized the significance of the peculiar, yet memory-inducing smell of Crayola crayons when he obtained a scent trademark from the US Patent and Trademark Office (USPTO) in July 2024, after a six-year legal battle.  Described as “slightly earthy soap with pungent, leather-like clay undertones,” Ruggiero envisions… Read More A Scent of Hesitation: Navigating Ambiguity With Scent Trademarks

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Cheat Software for Video Games Considered an Infringement of Copyright Protections After Historic Decision in Developer Bungie Inc.’s Lawsuit Against Phoenix Digital

By: Henry Carrington Bungie Inc. has made significant waves for both video game developers and players alike with a recent ruling in their ongoing legal battle against cheat producer Phoenix Digital.  The precedent established opens a new avenue for developers to crack down on cheating moving forward, making games a safer and more enjoyable space… Read More Cheat Software for Video Games Considered an Infringement of Copyright Protections After Historic Decision in Developer Bungie Inc.’s Lawsuit Against Phoenix Digital

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Recycling Successful Ideas: The Unsatisfyingly Low Legal Standard for Originality in the Games on Your Phone

By: Bryan Sicard In case you haven’t seen your aunt’s Facebook page lately, Wordle has quickly become one of the most popular mobile games in recent years. But diehard game show fans would be quick to point out that Wordle seems virtually lifted from the game show Lingo: save for a few minor rule changes.… Read More Recycling Successful Ideas: The Unsatisfyingly Low Legal Standard for Originality in the Games on Your Phone

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Sports Betting: How a Gambling IP Could Change the Sportsbook Marketplace

By: Andrew Cammarano   In 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act, eliminating the federal ban on sports gambling and allowing states to legalize sports gambling on their own accord.  Now, over 30 states, including Washington D.C., have legalized sports betting and the emergence of online gambling has skyrocketed.  Online… Read More Sports Betting: How a Gambling IP Could Change the Sportsbook Marketplace

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Living Artists v. AI Generators: How to Avoid Non-Human Copyright Infringement

By: Annabelle Hentz In the United States, copyright authorship may only be granted to works that are independently created by a human author and are sufficiently original.  In a world where ever-changing technology continues to alter the scope of intellectual property and what works are inherently protected, artificial-intelligence-generated(“AI-generated”) images must be regulated.  They must be… Read More Living Artists v. AI Generators: How to Avoid Non-Human Copyright Infringement

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Birkins vs. MetaBirkins: Trademark Infringement in the Digital Sphere

By: Lily Keene Non-fungible tokens (“NFTs”) are assets that have been tokenized through a blockchain and cannot be replicated.  The tokens are distinguished from each other by unique identification codes and metadata.  They represent digital or real-world items like artwork and real estate.  NFTs can be traded and exchanged for money, cryptocurrencies, or other NFTs.… Read More Birkins vs. MetaBirkins: Trademark Infringement in the Digital Sphere

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Deviant Art? Use of Copyrighted Material in AI Image Generation

By: Jack Gagner The “golden age” of artificial intelligence (“AI”) image generation, or at least the buzz surrounding it online, shows no sign of slowing down in 2023.  Although AI image generation has been around for years, widely accessible and free online programs have recently delivered it to the internet-savvy masses.  Today, “[t]he most common… Read More Deviant Art? Use of Copyrighted Material in AI Image Generation

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Federal Incentives and Intellectual Property: Propelling Solar Adoption and Advancements

https://www.sistinesolar.com/post/solar-american-flag

By: Kiara D. Benac As the world gets closer to triggering the “tipping point” for global warming, the need for environmentally friendly green technology is undoubtedly apparent.  Although everyone at all levels can play a role in combatting climate change worldwide, from individual consumers to corporations to governments, federal policy must lead the way for… Read More Federal Incentives and Intellectual Property: Propelling Solar Adoption and Advancements

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Sneaker Wars: New World Advertising or Old School Trademark Infringement

By: Annabelle Hentz Industry giant and household name Nike, Inc. has filed a lawsuit against online sneaker retailer StockX in the U.S. District Court for the Southern District of New York.  Nike is claiming trademark infringement and unfair competition based upon the unauthorized use of the Nike mark in StockX’s Vault Non-Fungible Token (“NFT”) Collection.  NFTs… Read More Sneaker Wars: New World Advertising or Old School Trademark Infringement

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Non-Fungible Tokens: Analyzing Digital Collectibles Through the Lens of the Law

This blog discusses non-fungible tokens (NFTs) which are a type of digital collectible. Some NFTs are abstract – they are often a purchasable, conceptual representation of something else (such as a Tweet, real estate, etc.); but their value lies in ownership – while circulation of the subject matter is still available to the public, the owner of the NFT is essentially the recipient of a digitally-authenticated note. In addition to presenting the complexities of NFTs in a more digestible manner, this blog explains the legal implications of their flourishing role in the world of crypto-digital assets, specifically in the context of intellectual property and securities law. … Read More Non-Fungible Tokens: Analyzing Digital Collectibles Through the Lens of the Law

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Biden’s at the Crossroads: Epitomize Trade Secret Law or Make True on His Climate Change Promise?

This blog discusses the important decision Biden has to make in whether to overturn the recent ITC decision banning SK Innovation Co. imports of electric-vehicle batteries. SK Innovation Co. is one of the largest importers of batteries in the U.S. and will play a significant role in Biden’s zero emission plans in constructing vehicles that are solely electrical ran. SK had misappropriated LG Energy’s trade secrets and should be sanctioned, but should it come at the cost of sacrificing Biden’s climate control policy?… Read More Biden’s at the Crossroads: Epitomize Trade Secret Law or Make True on His Climate Change Promise?

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What the Supreme Court’s Abolishment of the Lanham Act Means for the Future of Trademarks and the Washington Football Team

This blog discusses the Supreme Court’s recent decision abolishing the Lanham Act which was the only guideline that constituents had to follow in registering a trademark. Is it necessary that Congress proposes a new set of guidelines or has the public norm shifted on what constitutes a socially acceptable trademark? Increased access to social media has helped shed light on offensive, immoral, and racist trademarks that do not make sense in contemporary society. … Read More What the Supreme Court’s Abolishment of the Lanham Act Means for the Future of Trademarks and the Washington Football Team

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Obsolescence: The Non-Compete is a Lethargic Non-Disclosure Agreement in the Technology Industry

Generally, in Massachusetts, non-competes are enforceable when they are reasonable in their duration, geographic area, and scope, and necessary to protect a legitimate business interest among other elements. I plan to focus on how technology has disrupted the interpretation of these elements in the courts. … Read More Obsolescence: The Non-Compete is a Lethargic Non-Disclosure Agreement in the Technology Industry

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Use the List, problem dismissed? How placing Chinese firms on the Entity List may better protect American business Interests.

This blog discusses the potentiality of adding Chinese firms which, violate American intellectual property laws to the Commerce Department’s Entity List. A national security decision with implications for Chinese trade, and those American businesses with which they do business.… Read More Use the List, problem dismissed? How placing Chinese firms on the Entity List may better protect American business Interests.

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How to Sell Encryptors to the Government Like A Pro!

Negotiating a contract with the government can be an intimidating experience. However, if the seller adds important sections to the contract and memorizes those sections, then the negotiation process can be smooth and painless. Important sections that go into a government contract for the sale of encryptors are: export compliance, intellectual property, proprietary information, governing law and venue, and remedies. With these staples, the negotiation process will be better than expected.… Read More How to Sell Encryptors to the Government Like A Pro!

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