#IPLawyer

Wouldn’t a Simple D20 Roll Have Been Easier?

David Baker

2 days ago
4 min

Wouldn’t a Simple D20 Roll Have Been Easier?

Dungeons & Dragons fans worry over licensing rights to the popular RPG Did you play Dungeons & Dragons as a kid? If you did, then there’s a decent chance you’ve also played it more recently, perhaps with your own kids or maybe with some of your adult friends willing to admit to having the “geek gene.” Whether you did or not, you may have seen that there’s been some controversy surrounding the venerable role-playing game and the current owner of the master license especially o

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David Baker

Aug 25, 2022
3 min

San Diego Comic-Con 2022

After a three year pandemic absence, San Diego Comic con returned live and in person to the San Diego Convention Center in July. For the first time since those distant pre-pandemic days of 2019, the massive comic book and popular media extravaganza or commonly known as San Diego comic con returned to the downtown convention Center with a 10 D’s numbering more than 150,000 able to one again once again participate in person. Of course, I was one of them. Because of the COVID-19

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New Russian bomber design revealed in patent filings?

David Baker

Aug 21, 2022
3 min

New Russian bomber design revealed in patent filings?

As the Russian war against its former subject and now neighbor, Ukraine, entering its seventh month of bloody fighting, the Russian military has made a surprising disclosure in a recent patent office filing. It appears to have revealed the design for its new long-range bomber. Tupolev filed for and has obtained a patent for an aircraft engine intake. But in filing for the patent registration, Tupolev was required to file drawings of the design for the entire aircraft and that

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David Baker

Aug 17, 2022
3 min

SCOTUS to rule on Andy Warhol’s artwork

It seems like we’ve been reporting on this case for years. And it seems like we’ve been reporting on this case for years because we have been. Those of us who’ve been paying attention know that the case arose when photographer Lynn Goldsmith granted a one-time use license to Vanity Fair magazine allowing pop artist Andy Warhol to create illustrations for an article about rock musician Prince based on a well-known photograph Goldsmith had taken. Unbeknownst to Goldsmith until

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David Baker

Aug 16, 2022
4 min

'Fair use' isn't what most people think

IP LAW FUNDAMENTALS Fair use isn't what most people think it is. Ask someone about the doctrine of "fair use" and they're most likely to respond with something about it being the right to use someone else's intellectual property and not being used for that use. Or they may explain that it's the right to use copyrighted material even without a copyright owner's permission. But whatever they might say in response to your question, it's almost always wrong. So, what is "fair use

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David Baker

Aug 12, 2022
2 min

Just add milk and a little nostalgia

Those of you who enjoyed Franken Berry, Count Chocula, Boo-Berry and Fruit Brute are in luck. These monster themed cereals are returning to grocery store shelves with a twist. But in our house on Saturday mornings, the question was always, Quisp or Quake? We weren’t really Chocula or Boo-Berry fans. My sister, younger by 18 months, was devoted to Quisp and its silly looking alien brand representative. I preferred his rival, Quake, the cartoon miner who oddly resembled a bulke

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Oh bother. This is what happens when a copyright expires.

David Baker

Jul 12, 2022
3 min

Oh bother. This is what happens when a copyright expires.

In today’s story, Winnie the Pooh is no longer scheming ways to get Rabbit’s stockpiled honey. Today, Pooh is an ax wielding mass murderer and his deranged little friend, Piglet, is right there beside him, helping add to the body count. What? You don’t remember that storyline from A.A. Milne’s beloved stories about the English youth, Christopher Robin, and his stuffed animal friends who had come to life set in the Hundred Acre Wood or from the Walt Disney Company’s animated f

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Tempest in a tea pot or Blizzard in a Dairy Queen?

David Baker

Jul 7, 2022
2 min

Tempest in a tea pot or Blizzard in a Dairy Queen?

Late last month, a federal court ruled that Dairy Queen cannot stop W.B. Mason Co from selling "Blizzard" bottled spring water even though Blizzard is also the name of a popular treat sold by the nationwide ice cream and burger joint. It certainly helps that W.B. Mason, an office products distributor with a considerable business presence in the Midwest and along the Eastern Seaboard, doesn’t sell ice cream treats. Or hamburgers and fries. It sells paper products. However, W.B

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THE U.S.P.T.O. fumbles THE ruling on THE Ohio State University trademark

David Baker

Jul 2, 2022
3 min

THE U.S.P.T.O. fumbles THE ruling on THE Ohio State University trademark

While most of us were distracted by the U.S. Supreme Court making some questionable rulings on states’ rights regarding restrictions on the possession of firearms in public and allowing women the right to get abortions without restrictions, the U.S. Patent and Trademark Office made a very strange ruling. It granted a request by The Ohio State University to grant it exclusive rights to the use of the word “THE” as a trademark. Yes, you read that right. The P.T.O. granted The O

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David Baker

Jul 1, 2022
6 min

Very Nice. Trademark Classifications

The Nice International Classification System is a critical requirement for every trademark registration. When a trademark owner applies for registration of a trademark with the U.S. Patent and Trademark Office, the owner must designate at least one of 45 different classes of goods or services identified with the mark being registered. Known as “Nice Classifications” or “International Classes,” these classes of goods and services are based on the Nice (France) International Cl

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David Baker

Jun 29, 2022
3 min

There’s gonna be a whole lotta POPS

Why should this San Diego Comic-Con be any different? When it comes to comic book conventions, there is one truism that covers them all – There will always be plenty of stuff to buy and take home to proudly display on your Great Nerd Wall of Cool Stuff. And when it comes to San Diego Comic-Con, this truth is magnified exponentially. With attendance nearing 150,000 for the 5-day event in July and with the first live and in person version of the wildly popular event since 2019

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“I feel the need, the need for a copyright infringement lawsuit.”

David Baker

Jun 20, 2022
4 min

“I feel the need, the need for a copyright infringement lawsuit.”

Locked on! Top Gun: Maverick targeted by federal court lawsuit. While actor Tom Cruise has been doing an excellent job of avoiding the crosshairs of old age, Paramount Pictures was not as lucky when it comes to claims of copyright infringement leveled against it following the recent release of Top Gun: Maverick. The latest installment of Top Gun (originally released in 1986) picks up, more or less, where the original left off but with a 35-year time jump. In the original, Tom

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David Baker

Jun 15, 2022
2 min

Jack, Coke, what took you so long?

Jack & Coke finally becomes a "thing." In a can. For decades, Jack Daniels and Coca-Cola have been a staple drink of choice for in bars, at sporting events, at concerts, and even at backyard barbecues. The combination of two of the most iconic drink brands in history, the pairing was made all the more popular by the ease with which it could be ordered and then made. Not everyone knows what is in a Manhattan, a Martini or even a Screwdriver. And while drinks like margaritas ha

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David Baker

Jun 13, 2022
1 min

Nothing fishy about this settlement

Netflix and Dark Horse Comics have settled a copyright lawsuit filed by comic book artist Kevin Atkinson who had claimed that the idea for a fish-tank headed villain in the television series The Umbrella Academy infringed his copyright in the original idea for a fish-tank headed villain. Comic book fans know that The Umbrella Academy started out as a Dark Horse Comics series written by Gerard Way (yes, THAT Gerard Way) and illustrated by Gabriel Bá that revolved around a dysf

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San Diego Comic-Con without Marvel is like a day without sunshine ... and Thor ... and Iron Man ...

David Baker

Jun 11, 2022
1 min

San Diego Comic-Con without Marvel is like a day without sunshine ... and Thor ... and Iron Man ...

With the much-anticipated return of an in-person version of San Diego Comic-Con, it was disappointing to learn that Marvel Studios likely will not return to the storied halls of the San Diego Convention Center. Again. When Disney bought Marvel several years there were assurances all around that the acquisition wouldn’t affect Marvel’s commitment to its fans and that it would almost certainly maintain its presence at places like comic book conventions. Why wouldn’t it? The mos

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Embedded Copyrights – The Not-So-Funny Side of Memes

David Baker

Jun 9, 2022
3 min

Embedded Copyrights – The Not-So-Funny Side of Memes

Do you ever forward memes to your coworkers and social media friends? It might be a picture of a kitten hanging from a branch and being told to just “hang in there” or it might be a grumpy cat who “hates Mondays” or it might not even feature a picture of a cat. It might be a photo of actor Gene Wilder portraying creepy Willy Wonka and making a snarky comment about your use of the Internet. The point is that memes are a permanent part of life online and yet no one (until now)

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BELIEVE IT OR NOT - Offering Free Wi-Fi Can Get You Sued

David Baker

Jun 6, 2022
5 min

BELIEVE IT OR NOT - Offering Free Wi-Fi Can Get You Sued

How Complimentary Wi Fi Policies May Lead to Copyright Infringement Claims Wi-Fi is everywhere and much of the time it is offered for “free.” Starbucks offers it. So, too, does McDonald’s. In fact, you may even be offering it yourself. And, while many businesses understand that it is a great way to bring in new customers and business, many do not understand the potential implications of allowing relatively unfettered access to the Internet. Recently, we’ve had a number of cli

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Selecting a Strong Trademark – 10 Simple Rules

David Baker

Jun 1, 2022
3 min

Selecting a Strong Trademark – 10 Simple Rules

The best way to avoid future problems with your brand is to select a strong brand from the outset. Doing so properly has the added benefit of increasing the value of your brand, especially when you properly use the trademark and enforce it against infringers. Not all words or names can be protected as trademarks. For example, no one business can claim exclusive rights in generic terms because every business owner in the same industry needs to be able to use them to identify t

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David Baker

May 26, 2022
3 min

McDonalds leaves Russia … forever?

No two countries that both had a McDonald’s restaurant have ever gone to war, or so a popular international business/political science theory has repeatedly claimed, but the ongoing war between Russia and Ukraine has put a lie to the myth. Worse still, Russia’s invasion of Ukraine (or whatever euphemism Russia has been using this week) has now led to the hamburger giant’s decision to leave Russia altogether. When Russia began its incursion three months ago, international pres

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Craft brewer wins trademark lawsuit, sued for same thing

David Baker

May 19, 2022
4 min

Craft brewer wins trademark lawsuit, sued for same thing

After a three-week jury trial, Stone Brewing Co. won its lawsuit against MillerCoors (now Molson Coors) for trademark infringement based on the misleading marketing Molson Coors' Keystone Light used to promote it beers in 2017. The San Diego federal court case came to an end when the jury decided that Molson Coors had unlawfully used Stone’s registered STONE trademark after the company rebranded its Keystone beer as STONE and awarded Stone Brewing $56 million. Ironically, Sto

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of David Christopher Baker