Weekly IP Buzz for week ending in August 31, 2018
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending August 31, 2018.
U.S. Patent Office Under Fire
The U.S. Patent Office came under fire recently due to having its servers down between August 15th through August 23rd. In an officially released statement, Andrei Iancu, Director of the U.S. Patent Office stated that the servers and electronic filing were down because they needed to conduct emergency maintenance on the technology infrastructure.
Notably, the electronic filing systems for trademarks were not affected. However, the patent system, because the web portals that accept electronic filing of patents and provide status updates on applications were all down, the consequences in terms of filing and maintaining patents became costly in both monetary costs as well as maintenance costs. The higher cost being due to the need for filing in paper which requires payment of higher fees for not using the electronic filing system.
As maintenance relates specifically to the U.S. Patent Office’s PALM database, which controls the Electronic Filing System, Patent Review Process System, and Patent Application Information Retrieval System, clients and attorneys alike were unable to follow the progress of patent filings as they ordinarily would. Read more about electronic filing issues.
Panda In a Monkey Selfie Copyright Situation? Zoo Sells Paintings Created By Panda Bear
A Vienna zoo has made headlines around the world by offering for sale paintings created by their resident panda. For approximately $500 a piece, enthusiastic art aficionados may purchase abstract paintings created by panda bear Yang Yang, an eighteen year old panda at the Vienna Schoenbrunn Zoo.
Who Owns the Copyright to Paintings Created by Panda Bear?
With some likening Yang Yang’s art to Jackson Pollock pieces, the zoo’s profit off of Yang Yang’s art inevitably raises the specter of the recent copyright law/intellectual property question—who really owns the copyright to the art pieces created by panda bear Yang Yang? Yang Yang clearly could not create the art without the assistance of zookeepers whom provide the panda with the paintbrush, canvas, and easel, which often comes in the form of the zookeepers themselves. Yet, undeniably, it is still Yang Yang that actually wields the paintbrush and creates the work. As such, the ownership of the copyright becomes muddled because the U.S. Copyright Act does not provide finite guidance on whether ownership of a work may extend to animals. Read more about copyright protection.
Click to read last week's Weekly IP Buzz. Read on LinkedIn.
For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Weekly IP Buzz for week ending in August 24, 2018
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending August 24, 2018.
Cybersecurity Concerns Rise Again With Vulnerable Smart Devices
As a year has passed since lawmakers first discussed the passage of sweeping litigation that would raise data-security standards across the nation, security experts have lamented the lack of recent movement and action on actually passing any relevant laws. Meanwhile, the use of vulnerable smart devices as a routine part of daily life continues to grow.
As the Internet of Things “IoT” becomes more pervasive and expands its access to more and more household devices such as thermostats, pacemakers, and shower heads, the software that these devices use to access the Internet still remains woefully inadequate in terms of data encryption and consumer privacy.
Vulnerable Smart Devices Exposed With Mirai Botnet Attack
In 2016, the Mirai botnet attack exposed just how vulnerable smart devices, gadgets that have become increasingly embedded into our daily lives, are to malicious attacks by hackers. The Mirai botnet attack was able to take down major platforms such as Twitter, PayPal, and Spotify, leaving the services inaccessible to users all around the world. The botnet attack used a large number of devices to launch a coordinated distributed denial of service “DDos” attack, and security experts noted that the source of many the attacks came from compromised, but otherwise innocuous devices, such as baby monitors, thermostats, and webcams that were connected to the Internet. The Mirai attack was so widespread that the U.S. Department of Homeland Security began an investigation, and security experts have long warned that similar attacks are to be expected. Read more about vulnerable smart devices.
DEF CON Hackers Prove Ease in Hacking Voter Machines and Government Sites
DEF CON held earlier this month in Las Vegas draws one of the largest crowds of hackers and cyber security interested parties. It is a hacker convention providing the most recent information and developments in hacking, while also allowing DEF CON hackers to show their skills in varied contests and games.
DEF CON Hackers Get Access to Voting Machine and SOS Website Replicas
This year, voter machines and government website replicas were a top interest to election officials concerned with election integrity. With the upcoming November midterm elections, such apprehension is in the air. The reliability of data and tampering of votes seems to always creep up as a topic of contention during elections. However, seeing hackers easily access and manipulate data at DEF CON adds merit to the concerns.
For instance, DEF CON hackers broke into voting machines as well as Secretary of State replica websites with election results. Although several people were able to hack these machines and/or sites, a couple hackers stood out. One 11 year old boy was able to hack a website in just under ten minutes. Another hacker turned a voting machine into a jukebox. While seemingly fun and games, DEF CON hackers help to shed light on vulnerabilities. The information gained can help officials identify ways to improve election systems and processes. Read more about DEF CON.
Click to read last week's Weekly IP Buzz. Read on LinkedIn.
For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Weekly IP Buzz for week ending in August 17, 2018
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending August 17, 2018.
Designer Labels Introduce Clothing Technology Into Fashion Lines
Hilfiger Adding Smart Chips to Clothing
A few weeks ago, it was announced that famous fashion line, Tommy Hilfiger, intends to release a new fashion line that will have smart-chip clothing technology embedded straight into the clothing. The technology is intended to be used to allow consumers to accrue loyalty points and rewards. These loyalty points will allow consumers to purchase more merchandise at discounted or special promotion rates and can also be exchanged for concert tickets through Hilfiger’s partnership with Live Nation.
This latest foray by Hilfiger is in partnership with Awear Solutions Bluetooth technology and will allow the clothing technology chips to track when and how often consumers wear the branded clothing when connected to Tommy Hilfiger’s Tommy Jeans Xplore mobile application. Hilfiger has said that the idea behind the new high-tech clothing line is to not only increase sales and revenue but to also create a new line of highly visible “brand ambassadors.”
Smart Jackets by Levi’s Add Functionality to Jackets and Phones
This is not the only fashion label to venture into embedding clothing technology into garments. Levi’s Jeans has also partnered with Google to create a line of smart jackets, code name “Project Jacquard,” which will allow consumers to use high-tech jackets to make new uses of their smart phone, and subsequently provide new functionality to both jackets and phones. Read more about smart clothing.
Fashion Law Series - Part V: S-U-P-R-E-M-E-C-O-U-R-T - Let's Hear It for the Fashion Copyright?
The cheers on both sides are deafening now that copyright protection for fashion designs has reached the United States Supreme Court. The case of Star Athletica LLC v. Varsity Brands Inc. concerns allegations that cheerleading and dance-team uniforms violate certain copyrighted designs. The copyrighted designs were protected as “two-dimensional artwork” and included graphical elements including stripes, chevrons, zigzags, and colorblocks. The district court found in favor of the accused infringer, ruling that the designs had a utilitarian function – as uniforms for cheerleading. In other words, to be a cheerleading uniform, the clothing must have certain graphical features so that the wearer is recognized as a cheerleader, and the graphical elements were deemed not separable from the utilitarian function.
The appeals court reversed the district court decision using a multi-part test: (1) is the design a pictorial, graphic, or sculptural work?; (2) if the answer to (1) is yes, is it a design of a useful article?; (3) what are the utilitarian aspects of the useful article; (4) can the viewer of the design identify “pictorial, graphic, or sculptural features” separately from the utilitarian aspects of the useful article?; and (5) can those features exist independently of the utilitarian aspects of the useful article? Using this test, the appeals court defined the function of the cheerleading uniforms differently from the district court and found that not all cheerleading uniforms must look alike to be cheerleading uniforms. The arrangement of the graphical elements can exist independently of the cheerleading uniform, so the elements are more like “fabric designs” imprinted on fabric than “dress designs.” Read more about fashion copyrights.
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For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Weekly IP Buzz for week ending in August 10, 2018
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending August 10, 2018.
Defense Distributed Causing Nationwide Debate with 3-D Printing
Defense Distributed, a Texas non-profit organization, has caused a firestorm of debate with its recent supplying of online schematics for the production of printing of firearms via a 3-D printer.
Defense Distributed allows for the download of detailed schematics via their website to allow for gun enthusiasts that own 3-D printers to produce their own firearms at home. Defense Distributed has fought a long, uphill battle in its mission to provide affordable computer-aided design files to the public, and as a result, has often faced litigation from both state and federal government groups.
Recently, in June, the U.S. State Department settled with Defense Distributed, ending five years of litigation over the core issue of printing guns. Previously, the federal government had argued the position that Defense Distributed’s weapon schematics amounted to exports, and as such, should be regulated under the International Traffic in Arms Regulations (“ITAR”). When this argument failed to gain traction, the State Department agreed to settle with Defense Distributed to not only allow the non-profit to continue providing schematics to the public, but it also agreed to propose rule changes that would eliminate the previous ITAR arguments that were raised as issue in the case. Read more about this debate.
Biometric Data Privacy Laws on the Rise
Recent innovations in smart devices have introduced the use of biometric data into consumers’ everyday lives. The term “biometric data” refers to digital data used during a biometric identification process such as fingerprint recognition. A biometric process is defined as verification of a person’s identity through the use of that person’s biological traits (e.g., fingerprints, eye retinas or irises, voice patterns, DNA, etc.).
In the past, the use of biometric data as identification was often only seen in spy movies, but today the use of biometric process has become prevalent and widespread thanks to its integration into smartphones. Today, millions of smartphone users utilize biometric processes to unlock their phones and sometimes even to purchase goods or services.
Despite this widespread integration of biometric process, however, few laws in the United States govern the privacy of how this data is stored, used, and protected. Currently, only three states in the United States (Illinois, Washington, Texas), have any laws regarding the use of biometric data, and only four other states (Alaska, Connecticut, Montana, New Hampshire) have legislation pending. Read more about privacy laws.
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For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Weekly IP Buzz for week ending in August 3, 2018
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending August 3, 2018.
Live Streaming of Uber/Lyft Passengers Raise New Privacy Concerns
Recording of Everyday Activities Has Become Common
These days, it has become a common practice to find people willing to live stream and broadcast every aspect of their lives on social streaming networks such as Twitch, Mixer, Facebook, and Instagram. Known as “in real-life” streaming, broadcasters have been able to share what used to be considered more-private aspects of their lives to viewers online at any time. Live streaming activities may include, for example, working out at the gym, cooking dinner at home, and even body-painting.
While live broadcasting was previously used more predominantly in the online adult industry, it has become increasingly socially acceptable to used the Internet to simply watch others go about their daily routines and execute even mundane tasks. With the potential for Internet fame and even content monetization, online broadcasters have increasingly pushed the envelope of what they are willing to share online. Read more about Data Privacy.
Want Pizza, Burritos and Booze Delivered This Weekend? There's eCommerce for That
The explosion of eCommerce continues to transform how we connect with everyday products and services. When Amazon started selling books online in 1994, few (except perhaps Steve Jobs) could envision our phones would be smart, and we’d have apps to order pizza or a case of beer, but that’s all possible today.
If you’re launching an eCommerce strategy, you can learn a lot by examining the approaches taken by food and beverage players Dominos, Chipotle and major liquor distributors, as noted below. You will also find several tips in this post to help you weigh options and protect your intellectual property rights along the way. Read more about how Domino's, Chipotle, and Liquor Distributors deliver.
What's Brewing with Craft Beers?
When you think of fall, you think of football and beer but you don’t think of the just the “Big Beers.” Today, it’s all about craft beers. The craft beer industry continues to grow as new craft breweries are popping up constantly, bringing interesting new beers and brands to the market. But in an industry of more than 3,000 craft breweries, finding unique brand names is a challenge. There are only so many plays on the word “hop.” And in the crowded craft beer industry, conflicts over trademarks are inevitable.
So what can craft beer brewers do to establish a strong brand identity and avoid conflicts? Read more about Trademark Protection.
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For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Weekly IP Buzz for week ending in July 27, 2018
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending July 27, 2018.
Federal Circuit Vacates Apple Patent Decision | Standards for CBM Review Requirements
Earlier this month, the Federal Circuit Court of Appeals vacated an earlier decision handed down by the U.S. Patent Trial and Appeal Board (“PTAB”). The PTAB had previously decided that a covered business method (CBM Review) proceeding was required to be instituted in the Apple v. ContentGuard Holdings case.
On appeal, the Federal Circuit disagreed. The judges held that the PTAB had decided the case using the incorrect legal standard for deciding whether or not CBM review was necessary in this instance. Using the precedent set by the Federal Circuit in Unwired Planet v. Google, the Federal Circuit held that the standard used to decide whether CBM review should be instituted was not properly applied in this case. Read more about Patent Litigation.
Could This Case Change the DMCA Safe Harbor Provisions?
2017 has been shaping up to be an exciting year for copyright practioners. And with Capitol Records, LLC. v. Vimeo, LLC (“Vimeo”), practitioners could see a change in how the Digital Millennium Copyright Act (“DMCA”) provides safe harbor and protection to online service providers that are accused of copyright infringement.
In 2009, several music publishing and record companies banded together to sue Vimeo. In their complaint, they alleged that Vimeo, software that acts as online video-sharing platform, infringed upon their copyrights by allowing users to upload videos that included sound recordings owned by the plaintiffs. While the sound recordings that were allegedly infringed upon ranged from recordings that had been recorded before 1972 to present-day, this wrinkle made it especially difficult for courts to determine if there had been outright copyright infringement.
As practioners know, sound recordings that were recorded before 1972 are not entitled to federal copyright protection. Instead, the common practice for legal practioners at that time was to submit the sheet music for the song for copyright registration and protection. Read more about Copyright Litigation.
Beware the Tweet! You May Face an Unintended Tweetstorm
Tweets can be a great way to reach a large audience quickly. But tweets may have unexpected and unintended consequences. Here are some social media blunders from the last few years that had companies in the spotlight for all the wrong reasons. Read more about Kit Kat's, Cinnabon's, and Delta Airlines' mistakes.
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For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Weekly IP Buzz for week ending in July 20, 2018
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending July 20, 2018.
Whataburger Versus Wonder Woman
What Do Whataburger and Wonder Woman Have In Common?
With the reemergence of Wonder Woman in popular media, Texas hamburger chain Whataburger has found itself embroiled in a potential trademark dispute with DC Comics over the ubiquitous “W” logo.
Since 1972, Whataburger has been using a “flying W” to represent its burger chain.
In 1985, DC Comics registered a similar flying W for use with Wonder Woman’s merchandising and comic books.
Although the logos were similar, Whataburger did not take issue with the registration because DC Comics’ use did not overlap with Whataburger’s use. More specifically, DC Comics did not register the logo for use with food and beverage at that time. As such, Whataburger did not seem to take issue with DC Comics’ registration of the logo despite the similarity in appearance. Read more about Trademark Enforcement.
Super Fight Over 'Superhero' Trademark
In this day and age, geek is chic. Superheroes and comic book characters dominate movies, video games, and even television shows now. Brands like DC Comics and Marvel have experienced a resurgence in popularity, and with it, new intellectual property disputes have taken front stage.
While the more common narrative in intellectual property law concerns licensing rights of superhero names and personas to movie studios, newer issues regarding branding and trademark rights have recently come to light. For instance, DC Comics made the news several times this year due to cease-and-desist letters they have sent out. Read more about Trademark Protection.
Does Online Privacy Persist through Death?
At the end of September, New York became the 20th state to pass the Revised Uniform Fiduciary Access to Digital Assets Act (“RUFADAA”). The RUFADAA governs access and control to one’s digital assets upon death. In other words, the RUFADAA determines who may get access to your Google or Snapchat account after you die.
As estate law in the United States is regulated at the state level, currently no federal law specifically controls the distribution of one’s digital assets, and as such, experts anticipate that most states will adopt or pass some form of the RUFADAA by the end of 2017. Read more about Online Privacy.
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For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Weekly IP Buzz for week ending July 13, 2018
California's Stringent Data Privacy Law; Lessons Learned from Copyright Ruling; AncestryDNA's Privacy Policies Under Scrutiny
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending July 13, 2018.
California Consumer Privacy Act: Most Stringent Data Privacy Law in U.S.
California made history recently by passing the California Consumer Privacy Act after unanimous agreement between the California State Assembly and State Senate. While the new 2018 law will not take effect until 2020, both consumers and technology companies in California are deeply concerned about what the new law entails.
With the passage of the California Consumer Privacy Act, California now boasts the most stringent data privacy protection laws in the United States. As such, the state government chose to specifically postpone full enactment of the law until 2020 in order to give both consumers and companies significant time to understand the new rights, expectations, and responsibilities for both communities. Read more about Data Privacy Law.
Lessons from Urban Outfitters' Willful Copyright Infringement Case
In April 2017, Urban Outfitters and Century 21 were found liable for willful copyright infringement of a fabric design owned by Unicolors, Inc. Unicolors has filed over 60 lawsuits to enforce its copyright registrations in its fabric designs. The trial court awarded $164,400 in damages and $366,910.17 in fees and costs. On appeal, the Ninth Circuit upheld the infringement ruling and agreed with the district court that the striking similarity between the registrations and the accused designs allowed the court to infer that Urban copied the design even thought there was no evidence of Urban having access to the design. Importantly, the Ninth Circuit rejected Urban Outfitters’ argument that knowledge is a requirement of willful infringement, holding that reckless was sufficient. Read more about Copyright Infringement.
AncestryDNA's Policies Under Scrutiny from Privacy Experts
Privacy policies and Terms of Use/Service are common legal agreements used to protect a website owner, company, or service provider. Ancestry’s policies, however, have recently come under scrutiny due to the company’s broad assertion over use and ownership of consumers’ DNA and other genetic information.
Privacy experts warn that consumers should be primarily concerned with three of Ancestry’s provisions that specifically: 1) create a license for Ancestry to use consumer DNA; 2) a warning that Ancestry may use the DNA information against “you or a genetic relative”; and 3) waiver of legal rights. Read more about Internet Law.
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For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Weekly IP Buzz for week ending July 6, 2018
Weekly IP Buzz -- Supreme Court Decisions and IP Law; Photographing the Eiffel Tower at Night; States Protect Internet Privacy -- Here's a summary of interesting developments in intellectual property, technology, social media, and Internet Law for the week ending July 6, 2018.
Supreme Court Decisions and IP Law; Photographing the Eiffel Tower at Night; States Protect Internet Privacy
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending July 6, 2018.
Recent Supreme Court Decisions Significantly Impact Intellectual Property Law
The United States Supreme Court has issued two decisions recently that have caused serious waves in the intellectual property law field. The two decisions specifically discuss e-commerce and privacy online, and as such, have created new precedents in intellectual property law. In South Dakota v. Wayfair, Inc. the Supreme Court held that state governments may impose sales taxes on online purchases made within their state lines even if the seller does not maintain an actual corporeal location within state borders. More specifically, even if there is no brick-and-mortar location of that retailer, or even if the retailer wholly operates online, sales tax may be levied upon their goods. Read more about the Supreme Court and IP Law.
Is it Legal to Photograph the Eiffel Tower at Night?
While many readers of this blog generally understand the federal copyright laws of the United States, some of the European Union’s copyright laws may come as a surprise. For example, while many countries have a “freedom of panorama” law that allows for the photographing of skylines and copyrighted buildings, the European Union actually allows countries to opt-out of these laws, which results in some of the most famous European landmarks being illegal to photograph. Typically, intellectual property law in the European Union, specifically copyright law, protects the work of an artist during the lifetime of a creator, plus an additional seventy years. Read more about photographing the Eiffel Tower.
States Lead the Charge in Protecting Internet Privacy
In light of recent changes to the federal Internet privacy law, state lawmakers have begun to draft and propose legislation aimed at creating broad protection and guidelines when it comes to protecting the personal data of consumers online. Earlier this month, Congress approved the rollback of certain protections in the “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” bill that would have protected consumers’ personal data (e.g., browsing history, app usage, etc.) online by making it more difficult for companies to collect, share, or sell such consumer data. Read more about Internet Law.
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For more posts, see more at our intellectual property law blog.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.
Keeping Up with the Kardashian Kontracts
The Kardashians are once again making headlines. This time, Hillair Capital Management, an investor in the Kardashian Beauty makeup brand, has sued Kim, Kourtney, and Khloe Kardashian for fraud, breach of contract, and disparagement, among other things. Hillair seeks to recover the $10 million it invested in an effort to rescue the beauty line. Additionally, Hillair seeks to recover its interest in the joint venture, which is allegedly valued at somewhere between $64 and $180 million.
What did Khloe say about the brand at a Dubai exhibit that shocked audiences? Read more about Contract Law and Trademarks.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Communist Party to Copyright Red Star Symbol
Perhaps paradoxically, Russia’s Communist Party is embracing the concept of intellectual property and seeking a copyright claim over the party’s red star symbol. Party officials said that through the move they hope to prevent foreign companies like Macy’s, Heineken beer, and the California Republic from using the symbol in their own logos. “Sometimes our symbols are used for commercial purposes, and the state must protect state symbols from commercial use by foreign firms,” said Vadim Solovyov, chief lawyer for the Communist Party, to The Moscow Times.
Have you recognized the use of a red star in other brands? Read more about Copyright Protection.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Product Placement - The Next Wave of Advertising?
When the young hero in E.T. created a trail of peanut butter candies, he did much more than just lure a shy little alien out of the bushes. That iconic moment in the 1982 blockbuster began the transformation of product placement into a multi-billion dollar business. Originally, E.T.’s filmmakers approached Mars, Inc. for permission to use M&Ms in the scene, but Mars passed. Mistake…big mistake. Not only did the film catapult Reese’s Pieces’ popularity – sales reportedly increased 65% within three months – it also turned product placement into a major source of revenue for filmmakers.
Did your favorite beer brand make a cameo in a recent Bond film? Read more about Product Placement.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
"Kentucky" Trademark Dispute: Mist Moonshine and the University of Kentucky
Colin Fultz, the grandson of a bootlegger, runs a small distillery in Kentucky that produces his signature Kentucky Mist Moonshine, and he sells T-shirts, hats, and other memorabilia bearing the name in his distillery’s gift shop. The University of Kentucky took note; although it doesn’t take issue with the mist or the moonshine, it sought to put a stop to apparel bearing the word “Kentucky,” asserting that it owns a defensible trademark to the state’s name. The university registered “Kentucky” with the United States Trademark and Patent Office in 1997 and threatened legal action if Fultz did not stop his memorabilia sales.
Can you trademark geographically descriptive terms? Read more about Trademark Law.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Movie Titles, Trademarks, and MPAA Protection
Ever wondered how two movies can share the same title? Or maybe why more movies don’t have the same title? The answer to both of these questions lies in what you can and can’t protect under copyright and trademark law, and the movie industry’s solution to this issue. Typically, copyright and trademark law do not protect movie titles. Copyrights are intended to incentivize creativity (and the effort it takes to be creative) by protecting original expression. In order to qualify for copyright protection, a work must have some amount of “authorship” and be “fixed in a tangible medium” (for example, in writing or saved on a hard drive).
Are movie titles distinctive, or merely descriptive? Read more Trademarks.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Atari Stakes Claim on "Haunted House" Phrase
Throughout the ’70s and early ’80s, Atari was on top of the video game world, but it has not produced any new games in years. These days, the technology company makes more money enforcing its intellectual property profile. And now, it will go before the USPTO in defense of the phrase, “Haunted House,” the name of a game Atari released in 1982 and a phrase found within the title of a game that Hazy Dreams is currently creating.
Is the phrase to generic to warrant protection? Read more about Atari and IP Law.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
All About Branding, Trademarks, and Product Placement in Movies and Other Productions
Buy a can of Coca-Cola® and it might cost you a dollar or two. But put that can in the hands of the leading man in your production and he’s wielding something that’s worth billions of dollars: the Coca-Cola® brand. In Part 1, From James Bond to Superman: Is Product Placement the Next Wave of Advertising?, I discussed the growth of product placement into a multi-billion dollar business. We will now focus on potential legal issues if branded products appear in productions without permission of the brand owners.
What legal doctrine allows Saturday Night Live to entertain us with a fake Preparation H commercial? Read more about Trademarks.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Prince and Copyright Protection
While the music world lost an icon in Prince, many artists and attorneys in the intellectual property legal industry also remember Prince for his zealous enforcement of copyright protection and artists’ rights. Relying on existing law and creating new legal precedents, Prince was not shy about enforcing his legal rights amid an increasingly hostile Internet age. In stark contrast to the many artists, both established and new, that chose to embrace digital distribution and the accompanying exposure garnered from social media platforms, Prince took the opposite approach.
Which nonprofit organization focuses on civil liberties in the digital world? Read more about Prince and his fight for artist's rights.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Buck Rogers' Movie and Copyright Troubles
Superhero blockbusters seem like the surest thing in movies these days with Batman v. Superman: Dawn of Justicetaking in almost $450 million from the worldwide box office in its first weekend. So it makes sense that Sony and Warner Bros. have shown preliminary interest in financing filmmaker’s Don Murphy’s attempt to create a Buck Rogers movie. But Murphy is not sure the Rogers story has entered the public domain, and a federal court recently held that it cannot tell him whether it has until he has already started making the movie.
In what year was the first novella referencing Rogers released? Read more about Copyright Law and the movies.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Understanding the Legal Madness of College Basketball
With men’s and women’s college basketball tournaments well underway, it is important for bloggers, broadcasters, and business owners to be aware of the National Collegiate Athletic Association’s® (NCAA) intellectual property rights and laws governing sales promotions related to basketball tournaments. Displaying signage that includes “March Madness” in a clothing store window or posting an advertisement that reads “Champions Play Here” in a blog post directed to promoting a fitness studio should only be done after receiving written approval from the NCAA.
While most social basketball pools are harmless, don't forget to brush up on the law before checking boxes once March rolls around. Read more about Trademarks.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Brand Battle: Batman v. Superman
Positioned between the end of awards season and release of the summer blockbusters is the most awaited- and will undoubtedly be one of the most talked about- movies of 2016 and possibly this decade, “Batman v Superman: Dawn on Justice.” The lift of the review embargo on Tuesday has sparked extensive debate and even verbal attacks by fans since the film has been given less than positive reviews by most critics.
How many federal trademark registrations have been issued including 'bat' and 'super' since 1940? Read more about vigilantes and Trademarks.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.