Intellectual Property Trends

As the Internet allows for lesser-known artists to reach a wider audience, many artists are finding that their works have been transformed into new mediums, without their authorization, to be sold on third-party websites for profit.  Without clear understanding of their rights or access to legal counsel, artists may lose out on profits and have their goodwill unknowingly damaged with consumers.  New Mediums Do Not Avoid Copyright Infringement Claims Thanks to the widespread reach of the…
With the recent release of the Ford v. Ferrari movie, it brings Carroll Shelby’s Cobra back into the limelight and highlights the winding path Carroll had to navigate in securing and protecting the intellectual property rights associated with the iconic car. Urban Legend Says Shelby’s Cobra IP Name Was Bought From Crosley for $1 As we look back at Shelby’s journey to protect the Cobra brand, many car enthusiasts would first bring up an old myth about…
Fashion giant Marc Jacobs and grunge music icon Nirvana have been squaring off in court over claims of copyright and trademark infringement.  In the latest chapter, the court dismissed a motion by Marc Jacobs to dismiss Nirvana’s lawsuit, holding that Nirvana has demonstrated enough substantial similarity to support its claims of infringement.    Standard of Substantially Similar in Copyright Claims At the heart of the case is a smiley face (“Happy Face”) that Nirvana has copyrighted.  Nirvana has…
A joint effort by the U.S. IRS Criminal Investigations, Homeland Security, and the Department of Justice (“DOJ”) brought down one of the largest child pornography rings operating on the Internet by following the bitcoin addresses and blockchains held by the users. Two Sides to Bitcoin Authorities have long warned that cryptocurrency would be appealing to criminals to use due to its anonymous nature and unregulated trade nature.  It appears that the tables have turned, however,…
A joint effort by the U.S. IRS Criminal Investigations, Homeland Security, and the Department of Justice (“DOJ”) brought down one of the largest child pornography rings operating on the Internet by following the bitcoin addresses and blockchains held by the users. Two Sides to Bitcoin Authorities have long warned that cryptocurrency would be appealing to criminals to use due to its anonymous nature and unregulated trade nature.  It appears that the tables have turned, however, as…
About the Firm: Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice. The firm publishes …
The use of cease and desist letters are common tools for intellectual property counsel to use to ward off potential infringers as well as to assert rights in particular trademarks.  Some court holdings, however, have put cease and desist letters and their authors on notice by analyzing whether the language in the letters create a true justiciable controversy that allows for declaratory judgments in trademark cases. Requesting Declaratory Judgments  Declaratory judgments are often requested by parties…
The GNOME Foundation (“GNOME”), a leading open-source and Linux non-profit group, has been sued by Rothschild Patent Imaging (“RPI”) for allegedly violating an RPI patent for “wireless image distribution system and method patent.”  RPI claims that GNOME violated U.S. Patent No. 9,936,086 and is asking for the removal of the functionality from GNOME’s “Shotwell” application, or for a running royalty from the time of judgment going forward instead.  Why RPI Has Been Deemed a Patent Troll…
A war between beer companies continues to brew. Recently it was a deceptive advertising lawsuit between Anheuser-Busch (“AB”) and Molson Coors Brewing Company (“Coors”) regarding use of corn syrup in beer. Now, it’s a beer battle over trade secret theft with AB suing Coors.    Beer Battle About Corn Syrup: Coors Sues AB AB and Coors have been battling each other in court since AB aired a Super Bowl advertisement that took aim at Coors by singling out…
Local Patent Rules by Jurisdiction We’ve collected all the local patent rules for the most active patent litigation jurisdictions in the US. Here is a link to each court’s local rules and local patent rules, by state: California CACD Local Rules CACD Local Patent Rules CAED Local Rules CAND Local Rules CAND Local Patent Rules CASD Local Rules Note – Local Rules Contain Local Patent Rules Delaware DED Local Rules Florida FLMD Local Rules FLND