“I’m sure the universe is full of intelligent life. It’s just been too intelligent to come here.” ― Arthur C. Clarke April has been a very busy month for everyone especially when you consider the extraordinary, worldwide effort to get us all vaccinated (or “jabbed” as the Brits like to say) and to regain a semblance of normality in our daily lives (I’m especially looking forward to finally leaving my mask at home), but also because Ingenuity finally flew on Mars, March Madnes

In a move that probably surprised Mrs. Potato Head, Hasbro recently announced that it was dropping the “Mr.” from the popular plastic toy Mr. Potato Head and would now market him as gender neutral. #Hasbro #MrPotatoHead #GenderFluid #Toys #Branding #Trademarks #Copyrights #IntellectualProeprty #IPLawyer #OCLawyer #DavidBaker

Luckily, there are always new developments in the IP world to keep us distracted. Whether it was street artist Banksy’s recent social commentary/graffiti caper on the walls of (former) Reading Prison in the U.K. or the sale of one of his pieces, Morons, by Injective Protocol, a cryptocurrency company, which then burned it (yes, burned it into nonexistence) while broadcasting live through a Twitter account @BurntBanksy. However, before going up in flames, Injective Protocol ha

“The artist brings something into the world that didn’t exist before, and he dos it without destroying something else.” - John Updike In all honesty, I am a bit bummed. I know 2020 is but a distant memory and 2021 promises a return to normalcy (of a sort), but it was hard to suffer the one-two blow delivered earlier this month when the organizers of the most highly anticipated popular media events on the West Coast announced that WonderCon 2021 and San Diego Comic-Con 2021 wo

The U.S. Court of Appeals for the Ninth Circuit has ruled that a publishing company, ComicMix, LLC, was in the wrong when it published a mashup of Ted Geisel’s book (aka Dr. Seuss) Oh, the Places You’ll Go with characters from Star Trek in a Kickstarter campaign titled Oh, the Places You’ll Boldly Go! #trademarks #copyrights #trademarklaw #copyrightlaw #DrSeuss #StarTrek #intellectualproperty #intelletualpropertylaw #IPLawyer #DavidBaker #OCLawyer

“But he who dares not grasp the thorn. Should never crave the rose.” ― Anne Bronte Did you watch the Big Game? Kinda boring, wasn’t it? Even the commercials and halftime show seemed flat to me. Maybe it was the small COVID crowd or the fact that we were still under quarantine in California, but it just didn’t feel the same. Likewise, the end of the College football season didn’t seem the same either. Other than Alabama winning the National Championship, of course. That seems

Evermore Park, a small amusement park in Utah, has filed suit against Taylor Swift and her management company alleging that the naming of her most recent album Evermore (and the sale of related merchandise) constitutes trademark infringement. Why an obscure amusement park would complain of being linked to an international recording star remains unclear. #Evermore #EvermorePark #TaylorSwift #trademarks #copyrights #intellectualproperty #FederalCourt #USPTO #intellectualpropert

"In the long-run, every government is the exact symbol of its people, with their wisdom and unwisdom; we have to say, Like People like Government." - Thomas Carlyle So, the first week of January really happened, didn’t it? And, if you were paying attention to the unrelenting media coverage from our nation’s capital, you probably noticed several of your fellow citizens sporting stylish t-shirts, baseball caps, and even morale patches (those Velcro® backed symbols originally us

Last month, the CASE Act was signed into law by President Trump as part of the massive 5,593-page, $1.4-trillion omnibus spending and COVID-19 relief bill, titled the Consolidated Appropriations Act, 2021. Originally, the Copyright Alternative in Small-Claims Enforcement (“CASE”) Act was introduced in 2019 to establish a copyright small claims system that allows copyright creators to take action against infringers on a smaller scale than filing lawsuits in federal court. Supp

“Outside of a dog, a book is man's best friend. Inside of a dog it's too dark to read.” - Groucho Marx How long does a trademark last? It lasts as long as it serves the purpose of identifying the source of goods or services. And this is no less true for a popular cartoon character that debuted in 1962. The Jetsons is an animated sitcom produced by Hanna-Barbera that originally aired in primetime on American television from 1962–1963. It featured a space age family of the same

If I asked you what Americans considered their favorite way to relax in 2019, what would you say? Probably not "go to the library." However, you'd be wrong. According to a recently released Gallup poll, Americans visited the library more last year than they went to the movies, live sporting events, museums, concerts, amusement parks and casinos, reportedly taking 10.5 trips to the library on average -- roughly twice as much as they went to the movies. The poll didn't say ho

Nerds & Geeks, It’s that time of year again ...

What happens when one of the world's most popular video game franchises repeatedly uses images of one of the best known military vehicles...

Copyright protects "original works of authorship" that are fixed in "a tangible form of expression." The fixed form does not have to be directly perceptible so long as it can be communicated with the aid of a machine or other device. Copyrightable works fall into the following categories: - literary works (which includes computer software); - musical works, including any accompanying words; - dramatic works, including any accompanying music; - pantomimes and choreographic wor