Jessica Gutierrez Alm

View my professional biography

I wasn’t planning to be a lawyer. At least that was my thinking as I began law school. This degree was going to give me a leg up in my efforts to enter the business world. Lawyers live in the gray — where there’s never a right answer, only possibilities — and the favorite lawyer answer for any seemingly yes-or-no question is: “it depends.” I was an engineer. I enjoyed the absoluteness of knowing that my answer to any problem was correct or incorrect. Despite my resistance to lawyer thinking, at some point along my law school path, I discovered intellectual property. This world allowed me to be an engineer, to revel in mathematics and physics, while still practicing this thing they call the law. Through my newfound joy in IP, I grew to appreciate that there is a place for gray, and to understand that not every question has a correct answer.

When I’m not working, you’ll find me exploring the limits of my creativity in the form of DIY projects for my house. My husband and I recently purchased our first home and there is no limit to the number of HGTV projects I’ll attempt.

Latest Articles

Amazon’s patent (U.S. Patent No. 9,280,157) for a “System and Method for Transporting Personnel Within an Active Workspace” has been in the news recently. The invention is described as a device for keeping human workers safe in an automated (i.e., robotic) work environment.  In the Background, the patent discusses the rapid rise of automation in inventory-handling systems.  “Technological advancements have made an ever-increasing amount of automation possible in inventory-handling and other types of material-handling systems.” …
Trademark enforcement, particularly in an age of social media and internet shaming, is tricky business.  Some brands (I’m looking at you, Louis Vuitton) seem to have enough market share to ignore the social backlash from their heavy-handed demand letters.  But companies that lack that kind of brand power could benefit from a bit more finesse in their enforcement efforts. Aloha Poke Co. is a Chicago-based poke restaurant.  Poke—a traditional Hawaiian dish of
  Earlier this month, the United States Postal Service (USPS) was ordered to pay $3.5 million in damages to a sculptor for copyright infringement. Seeking a unique redesign for its “Forever” stamps, the USPS searched stock photos for images of the Statue of Liberty.  They found a particularly striking photo on Getty Images and paid $1,500 for a license.  Between 2010 and 2014, the USPS produced and sold 4.9 billion Forever stamps featuring the Statue…
A dog toy display at a local pet store caught my attention recently. I did a double take on seeing the familiar fonts, coloring, and packaging.  Not long after, I happened to find these at a different pet store. Once again, the familiar labels, coloring, and bottle designs caught my attention. While certainly reminiscent of the actual brands, these all appear to be clear examples of parody.  The Chewy Vuiton case is particularly instructive here. …
Branding a social movement is tricky.  Many individuals following (and leading) social movements tend to view IP rights as antithetical to the spirit of the movement itself.  Moreover, success in the PTO for these types of marks is by no means guaranteed.  The purpose of a trademark being to identify a source for goods or services, efforts to register the names of social movements are often met with refusals for failure to function as a…
  WWE wrestler Randy Orton has some unique ink on his arms and back, created by tattoo artist Catherine Alexander.  Orton—and his tattoos—are featured in the WWE 2K video games.  Alexander claims ownership of copyright in the tattoos, and is suing WWE and the makers of the video games for their depiction of the original tattoos. This case is one in a string of lawsuits alleging copyright infringement based upon celebrity or athlete tattoos.  In…
In an age of rising healthcare costs, pharmaceutical companies can be an easy target in calls for patent reform.  Patent protection helps drug manufacturers recoup their investment in developing the new drug,.  It also prevents generic manufacturers from releasing the same drug formulation at lower cost.  The Hatch-Waxman Act provides a pathway for generic manufacturers to challenge branded drug patents, but this type of challenge requires costly litigation.   Inter Partes Review Enter the Inter…
For anyone unfamiliar with internet cat personalities, Grumpy Cat is a well-known feline whose dwarfism and underbite culminate in a perpetual—and adorable—sour expression.  Grumpy Cat’s real name is Tardar Sauce.  In 2012, when Tardar Sauce was only a few months old, she became an internet sensation after a photo of her endearing scowl was posted on Reddit.  Since that time, Tardar Sauce has made several public appearances, and was named to Forbes’ list of Top
Twitter, the social media giant, is being sued by its internet cousin, TWiT.  TWiT, which initially stood for This Week in Tech, is a netcast network providing audio and video tech-related content.  TWiT owns the registered service mark TWIT for visual and audio entertainment performances. According to the Complaint, TWiT founder Leo Laporte and Twitter co-founder Evan Williams had some discussions about the similar brand names in the mid-2000s.  The Complaint is available
The term Comic Con has become synonymous with a certain culture.  In recent years, comic book conventions (and comic book culture), have become increasingly popular.  Annual comic book conventions are held in major cities across the U.S. and the world.  Many of these conventions are titled—officially or unofficially—“[City] Comic Con.”  One recent jury decision, however, may cause some (official) rebranding. In 2014, the San Diego Comic Convention (San Diego CC) sued organizers of