Tag: Epstein Becker & Green

“EACH DAY HAS A COLOR, A SMELL…”: Searching For New Trademark Worlds

The search for spices, and the gold that one expected to find nearby (or earn through sale of the spices), in many ways drove the Age of Exploration.  And spices still hold a special place in our economy and in our imagination; in fact, we believe that spices “all hold magic.” Part of that magic … Continue Reading

Will It Be Known As “Michelin Star Athletica”?: Why The US Supreme Court May Have Given American Chefs A Reason To Cheer

Recent years have witnessed a surge in the United States in the appreciation for fine food and those who create it.  Indeed, the concept of the “celebrity chef” has taken such hold in the United States that there are entire television networks and countless magazines (on-line and in print) to cooking, recipes, chefs and the … Continue Reading

“…as best as your interests don’t conflict with mine”: Lawyers Fighting Over Intellectual Property

When one thinks about lawyers and Shakespeare, many recall the oft-quoted and misunderstood statement “the first thing we do, let’s kill all the lawyers.”  ‘Henry VI,” Part II, Act IV, Scene II, Line 73.  But my favorite, as a better reflection of the best of our lot, is: Sir, I shall not be slack; in … Continue Reading

Picking: A Few IP Collectibles Since My Last Post

There is a popular television show in the United States called American Pickers, which follow the adventures of antique and collectible “pickers” Mike Wolfe and Frank Fritz.  Wolfe and Fritz travel around in a van with the logo Antique Archeology to buy, or “pick,” various items for resale, for clients, or for their own personal … Continue Reading

Oh, Where Cases Like That Will Go: HOW A CEASE AND DESIST LETTER STOPPED THE PLAY BUT STARTED THE SUIT

Lombardo et al v. Dr. Seuss Enterprises, L.P., case number 1:16-cv-09974, in the U.S. District Court for the Southern District of New York, is an interesting case for intellectual property practitioners, especially those involved in copyright matters and curious as to how the parody/fair use discussion started in my last post for ILN IP Insider … Continue Reading

Food Fight and Road TRIPS!!!!!: Treaties And Product Names Getting Messy

Two words, uttered in a certain tone and with a certain speed, are apt to suggest a bit of wastefulness, a touch of anarchy, and yet a sense of communal participation.  Those two words, from Faber College of lore to present discussions of law: Food Fight!!!!!.  And, we see the long smoldering discussions of geographical … Continue Reading

“…if you listen very hard…”: Stairway To Heaven Verdict May Have Unblurred Lines In Music Infringement Cases

Among the last few lines of Led Zeppelin’s rock ballad Stairway to Heaven are the lyrics “And if you listen very hard/The tune will come to you at last./When all are one and one is all…”  Spirit guitarist Randy Wolfe brought suit against Led Zeppelin for copyright infringement, apparently thinking that one did not even … Continue Reading

Publicity Exactly What Was Missing From Monkey Selfie Case

According to the “infinite monkey theorem,” a monkey hitting keys at random on a typewriter keyboard for an infinite amount of time will almost surely type a given text, such as the complete works of William Shakespeare or at least a comprehensible original work.   But, according to a United States federal district court judge, that … Continue Reading

Trans Pacific Partnership Terms Revealed But Trade Secret Protections Still Uncertain

Recently the Obama administration publicly released the previously-undisclosed text of the Trans Pacific Partnership, or TPP, revealing, among other things, the provisions related to trade secrets.  Earlier, the administration had said that the TPP would “provide strong enforcement systems, including, for example, civil procedures, provisional measures, border measures, and criminal procedures and penalties for commercial-scale … Continue Reading

How TPA May Fast Track TPP Impact On IP

Late June 2015 saw much of Washington DC focused on whether Congress would give President Obama “TPA,” the so-called fast track trade promotion authority, that would allow concluding negotiations on the “TPP,” the Trans-Pacific Partnership, a trade deal that could have widespread international implications for IP, or intellectual property.  The measure passed, ultimately, by one … Continue Reading

US Federal Government Focusing On Trade Secret Legislation, Enforcement & Policy

In its broadest strokes, American law recognizes four types of intellectual property—patents, trademarks, copyrights and trade secrets. Patents and trademarks have been enshrined in US federal law since the 1780s, through the Constitution, and trademarks have been protected at national level since the 1870s through legislation. But until quite recently, trade secret protection has been … Continue Reading
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