“One man’s legally sanctioned privateer is another man’s pirate.” [James Wadsworth, Global Piracy: A Documentary History of Seaborne Banditry (2019), at p. 8] We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one … Continue Reading
A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son tossed a statement in my direction that was both compliment and challenge: “Isaac Newton developed calculus, among … Continue Reading
Tattoos, one of the oldest art forms in the world, are all over the legal news in recent years. The news runs the gamut from a tattooist suing a movie studio over replication of Mike Tyson’s facial tattoo in The Hangover II to artists looking to gaming companies for compensation for reproduction of tattoos appearing … Continue Reading
Springsteen. Sinatra. Chuck Wepner (for at least one night in 1975 and then through the “Rocky” avatar). At least some of the people that rest stops on the New Jersey Turnpike are named after. These public figures are, or were, world-famous, and certainly had made a name for themselves outside of the Garden State, even … Continue Reading
What distinguishes public art is the unique association of how it is made, where it is, and what it means.” —The Association for Public Art To many, the names “Rocky Balboa” and the “Italian Stallion” are as universal and front of mind as the names “Chuck Wepner” and the “Bayonne Bleeder” are regional and tucked … Continue Reading
There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter involving the Mongols Motor Cycle Club has recently shown. So today we thought that we would use … Continue Reading
Bloggers naturally desire to write about new developments and new cases. But, because writing on legal topics is often like pulling snap shots out of a film, there is also sometimes a feeling that one is obliged to return to a previously noted case to report back on the rest of the story (as one … Continue Reading
“You mean there’s a catch?” “Sure there’s a catch,” Doc Daneeka replied. “Catch-22. Anyone who wants to get out of combat duty isn’t really crazy.” There was only one catch and that was Catch-22, which specified that a concern for one’s own safety in the face of dangers that were real and immediate was the … Continue Reading
Sometimes blogging topics are hard to come by. It is often difficult because, as a sage once noted in discussing the search for The Ultimate Computer, one wants to do one’s best, but something like creativity “doesn’t work on an assembly line basis. … You can’t simply say, today I will be brilliant,” insightful, informative … Continue Reading
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
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
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
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
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
Whether you are a young child missing teeth, or a grown-up taking account of her life, or Santa Claus himself checking up on everyone else’s life, many of us make lists at holiday time. They can be lists of gifts we want, or those we need to get, or people we wish to see or … Continue Reading
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
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
The United States Supreme Court has decided to address in next term an important question for the fashion industry—namely when apparel can be protected by copyright law. In agreeing to hear the case of Star Athletica LLC v. Varsity Brands Inc., case number 15-866, in the Supreme Court of the United States, the Court has … Continue Reading
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
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
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
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
