What is it about human nature that we can’t get enough of a good thing? From nightly childhood readings of Goodnight Moon to binge watching West Wing for the second time, to wearing a college sweatshirt until it is threadbare, it seems we will watch something, wear something or eat something familiar and loved, over trying something new and different, given the choice. This lay observation of human nature also applies to music, as evidenced by the current popularity and high number of tribute bands. Tribute bands, sometimes called a
On June 28, 2018, the California Consumer Privacy Act (“CCPA”) was enacted, which represents a major shift in consumer protection and privacy. While the CCPA will not go into effect until January 1, 2020, the CCPA empowers consumers with significant new rights concerning how their personal information is collected, used, stored, transmitted and sold, and requires significant transparency from businesses collecting and using such information.
Under the CCPA, personal information is defined broadly as information that identifies, describes or is capable of being associated with a particular consumer or household, and
The common understanding of a trademark or service mark is it’s a word, phrase, symbol, or design used to indicate a source of goods or services, and used to distinguish from the goods and services of others. What isn’t so common is a sound used to indicate a source of goods or services, and used to distinguish from the goods and services of others. But as uncommon as sound marks may be, they are registerable in, among other locales, the United States, the European Union, Thailand and China.
The NBC three
The United States Copyright Office is reimaging itself—literally. Called the Copyright Office Modernization, this initiative is a multi-year effort to transform the Office’s information technology, including registration, recordation, access to public records and information available to the public. The goals, according to the Office, are to 1) build a new enterprise copyright system featuring a user-centered and flexible design; 2) streamline processes and policies; 3) improve access; and 4) reimagine the entire Office. Simply, the Office aims to make copyright information more accessible and improve all the Office’s services.
On January 15, 2019, the Irish fast-food chain, Supermac’s, won a landmark decision against McDonald’s Corporation (McDonald’s) and convinced the European Union Intellectual Property Office (EUIPO) to cancel the McDonald’s “Big Mac” trademark in the EU. Supermac’s owner Pat McDonagh was a Gaelic football player in the 1960s and his coach and teammates gave him the nickname “Supermac,” a portmanteau of his surname and Superman, after several stellar games. McDonagh opened his first restaurant in 1978, which has grown to over 100 Supermac’s across Ireland and Northern Ireland. In February 2017,
Anita Redd recently filed two complaints for copyright infringement with the United States District Court for the Central District of California on behalf of her minor son, Russell Horning, that has captivated social media consumers and intellectual property attorneys alike—it made headlines in, among other rags, TMZ, the Variety, Newsweek and The Guardian. What makes Redd’s December 2018 filing so newsworthy is 1) Russell Horning is the Backpack Kid, a young performer made famous through Instagram and 2) the alleged copyright infringement involves the “Floss,” a trendy dance creation attributed
It goes without saying that the world of patents in the United States is infused with discovery, from the creation of useful household gadgets to the invention of medical imaging technology. Such discoveries enrich our lives, help us and solve problems. But there is one discovery as it relates to patents that is, frankly, startling, which is the fact that that only 7.7 percent of all United States patents list a woman as the primary inventor, and only 18.8 percent of U.S. patents include a woman co-inventor. (Institute for Women’s
San Diego IP Law Group LLP (“the Firm”) is committed to providing pro bono legal services and mentorship to non-profit organizations, student organizations, and fledgling innovators and entrepreneurs. We are especially pleased to announce our continued pro bono support to the Biomimicry Institute’s Biomimicry Global Design Challenge (GDC) and the Biomimicry Launchpad, the latter of which is an accelerator business program that supports early-stage entrepreneurs working to bring nature-inspired solutions to market to address climate change, food production, and water availability, among other global concerns. The Launchpad provides entrepreneurs with access
There is a legal presumption of validity and ownership for a United States federal trademark on the Principal Register, and a presumption of the brand owner’s exclusive right to use the mark nationwide in connection with goods or services listed in the registration. Be that as it may, trademarks, generally a word, phrase, symbol or design that distinguishes one entity’s goods from another, are frequently used inappropriately or co-opted by those who do not have such rights. It falls upon the trademark owners, then, to protect and defend their marks.
Unlike the mandatory written description requirement for U.S. patents outlined in 35 U.S.C. § 112, drawings are only required when necessary for the understanding of the subject matter sought to be patented (35 U.S.C. § 113). While a written description—the patent specification—may indeed describe an invention in full, clear, concise and exact terms (35 U.S.C. § 112), there is much to be said for a detailed rendering, as expressed in the well-worn English language idiom, “A picture is worth a thousand words.” Today, nearly all U.S. patent applications are submitted