Texas Cries ‘Havoc´, Lets Slip Dogs of Trademark

The VCU Rams, led by head coach Shaka Smart, had a memorable run to the Final Four of the NCAA Tournament in 2011, and have made the tournament every year since. The Richmond, Va. school’s success has been based largely on Smart’s “Havoc” defense, a high-pressure, full-court-pressing scheme that focuses on forcing opposing teams into turnovers.

Podcast Relaunch: ‘Blurred Lines,' Sup. Ct. Ruling, Oral Arguments

Ananda and Tony are joined by a new colleague, Blake Brittain, to mark the relaunch of the “Do You Copy?” podcast after more than a year on hiatus. On the agenda are goings on in the Supreme Court on trademark and patent issues as well as a breakdown of the latest of several controversies surrounding the 2013 pop hit “Blurred Lines”

What Comes Around: Beastie Boys Win Another Copyright Suit

The Beastie Boys’ 1989 album Paul’s Boutique is commonly cited as an all-time great album that couldn’t have been made under current copyright laws. There are over 100 samples on the album, many of them easily recognizable even to casual music fans.

No Go to Go Go Power Rangers

The latest viral phenomenon created some unique copyright issues. And while these issues were resolved a few days ago, it still might be worthwhile to take a look at exactly what happened with the Power Rangers viral video.

It’s Never Black or White: Is Fan Fiction Fair Use?

Chances are you are familiar with the “Fifty Shades of Grey” phenomenon on some level. Even if you avoided both the books and the film, you no doubt noticed the runaway popularity of the racy trilogy, which translated into ladies (and perhaps a few guys) counting the days until the release of motion picture.

Let’s Relax About Taylor Swift’s Trademarks

Earlier this week, Taylor Swift caused an outcry on the Internet (like she does) by applying for trademark registrations for a number of lyrics from her recent smash album, 1989, including “This Sick Beat”, “Nice to Meet You. Where You Been?”, “Could Show You Incredible Things”, and “Cause We Never Go Out Of Style”.

Chancellor Dismisses Claims, Creates Great Disturbance in the Force

Not so long ago, in a galaxy far, far away (Delaware), there was a litigant with a vision…a vision of flying cars shaped like X-Wings. Got your attention? Good. This may be the strangest case we’ve ever written about. And not just because of the claims asserted, but because of the manner in which they were asserted. The complaint certainly got one judge’s attention—it deserves yours too.

'Selma' Wins Over Critics While Skirting Copyright Confrontation

The film Selma, about Martin Luther King Jr.’s 1965 protest marches in Alabama, has garnered rave reviews , Golden Globe nominations and significant Oscar buzz since its release, but it also raises some pretty interesting copyright issues.

DMCA Notice and Takedown Report

The Commerce Department held its sixth public meeting to discuss DMCA notice and takedown issues identified in the Internet Task Force's green paper on copyright in the digital age.

PLI Panel Tackles Copyrights and Mass Digitization

Is mass digitization of copyrighted works around the corner?


Maybe, maybe not.


A panel tackled the question of how mass digitization of copyrighted works might be achieved, during the "Intellectual Property" panel discussion at Practising Law Institute's "Communications Law in the Digital Age 2014" Nov. 14 in New York.

Top 113 Congressional Copyright Review Moments

Blog Exclusive: The 113 th  Congress is wrapping up and so too is the House IP Subcommittee's exhaustive review of the nation's copyright laws.  For this year at least. This post recounts some of the more memorable moments from the review process to date.

Hate It or Love It: McDonald’s’ New Trademark Plans

Blog Exclusive : As  Bloomberg BusinessWeek reported , McDonald's filed to register a new slogan with the U.S. Patent and Trademark Office. The rumor was that the new slogan was "Lovin' Beats Hatin'." In response to Internet mocking, McDonald's denied that it was going to use the phrase. Instead, it will be using  "Lovin' > Hatin'"  and/or  "Lovin' Is Greater Than Hatin',"  according to filings with the USPTO. 

These Aren't the Beers You're Looking For: Lucasfilm Strikes Bock

If you like your beer with a hint of intergalactic controversy, then have we got a story for you. Lucasfilm Ltd., the company that brought you "Star Wars," is opposing a New York brewery's application to register a trademark for its "Empire Strikes Bock" lager. This is by no means the first time Lucasfilm has tangled with others over its intellectual property, but this dispute may be the most delicious.

Will 'Hana' Be 'Worth the Candle' Given Rarity of Tacking?

Blog Exclusive:  If the Supreme Court's resolution of the question presented in  Hana Fin., Inc. v. Hana Bank  is interpreted by later courts as applying only to trademark tacking cases, then it may prove to be one of the least impactful Supreme Court cases in recent memory. There is a chance, however, that the high court's resolution of the circuit split over whether tacking law is a question of fact or a question of law will be seen more broadly as persuasive commentary on the circuit split over whether likelihood of confusion is a question of law or fact.

'Ferrofluid' Infringement Claim Doesn’t 'Flow' in Favor of Artist

PTCJ Legal Editor Tamlin Bason told us about a copyright infringement action against American Honda Motor Co. based on Honda's alleged use of Sachiko Muromura's "ferrofluid"  artwork in its advertisements.   The complaint was dismissed with leave to amend, and in July 2013 Muromura did just that. But apparently the amendment effort made little difference. District Judge Dean D. Pregerson just dismissed the case again.

What’s the Best Way to Percolate a Consistent Cup of IP Law?

Blog Exclusive: Sometimes IP law can seem like a house divided, with the Federal Circuit having dominion over patent law and the other circuits maintaining control when it comes to copyright and trademark issues. At least one federal judge has called for an end to the Federal Circuit's exclusivity in the patent realm. But what about the possibility of granting the CAFC sole authority over non-patent IP disputes?


UPDATE: If the Notes Are Not the Same, Who Is to Blame?

We examine the arguments put forward by Robin Thicke and Pharrell Williams and the estate of Marvin Gaye concerning the alleged similarities between the recent hit "Blurred Lines" and the Gaye classic "Got to Give It Up."

One More Problem for Iggy Azalea

According to  a complaint filed in the U.S. District Court for the Central District of California , emerging Australian rapper Iggy Azalea is suing her ex-boyfriend and related production companies for releasing an EP of unheard music without her permission.

Sifting Through Latest Arguments Raised in 'Redskins' Name Dispute

A look at the ongoing trademark dispute involving the NFL's Washington Redskins, whose trademark registration was cancelled as offensive by the TTAB in June, and the novel arguments that may arise during the team's appeal to the U.S. District Court for the Eastern District of Virginia.

Rust Never Sleeps: Sorensen v. WD-40

WD-40 Co. doesn't infringe on an Illinois man's "The Inhibitor" trademarks with its Specialist Long-Term Corrosion Inhibitor anti-rust product, an Illinois court ruled Sept. 9.

On the Copyright Implications of a Monkey Taking a Selfie

A photo that recently went viral on the Internet is also at the center of an uncommon copyright dispute. The argument revolves around a question that I never thought I'd get to ask: when a monkey takes a selfie, who owns the rights to the photo?   

Wait 'Til I Get My Money Right: Kanye Defeats Coinye

Blog Exclusive:  Kanye West is one of the most important musicians of his generation, and he rubs many people the wrong way because he is fully aware of that fact. West often has trouble dealing with the backlash that comes with being such a divisive megastar, and he has a propensity to respond in  hilariously tone-deaf ways  (link not suitable for work) to those who make fun of him, which makes him an easy target for more ridicule, thus perpetuating an endless cycle.  

With that in mind, I'm not sure what  Coinye West  expected after creating a cryptocurrency with West's face on it.  

Anheuser-Busch opposition to Natty Greene's TM registration part of growing trend

Blog Exclusive:  With the Independence Day holiday right around the corner, now is probably a good time to talk about beer.

Americans  typically spend over $300 million  on beer for the Fourth of July, making it one of the peak beer-buying holidays in the U.S. One major trend within the beer industry is the recent rise of craft beers, which are typically brewed by smaller local breweries as opposed to giants like Budweiser and Coors. Many new craft breweries have been founded over the past few years, and all of these new beers need names. This has created an increasingly crowded field of beer-related trademark disputes.

High court denies review of standards on patent infringement damages, lost profits

The Supreme Court denied on June 30 a petition for writ of certiorari in Rudolph Techs., Inc. v. Integrated Tech. Corp. (U.S., No. 13-1062, review denied 6/230/14), which appealed a Nov. 4 decision by the U.S. Court of Appeals for the Federal Circuit.

Integrated Technology Corp. owns a patent (U.S. Patent No. 6,118,894) on equipment that inspects probes that test chips on a semiconductor for misalignment. Rudolph Technologies Inc. is a competitor. The district court granted summary judgment of literal infringement by Rudolph's pre-2007 products, and a jury found infringement by subsequent products under the doctrine of equivalents. The jury awarded $7.7 million and $7.8 million in lost profits for the two product versions, respectively.

The appeals court overturned the jury's decision as to the later products but affirmed the lost profits award as to the pre-2007 products, reviewing under a substantial evidence standard.

Aereo halts service after Supreme Court loss to broadcasters

June 30 - Aereo Inc. has temporarily shut down, giving the streaming-video startup time to determine whether it has a business after the U.S. Supreme Court ruled that it violates broadcasters' copyrights.

Aereo announced the halt in service on June 28, marking the end for now of the $8-a-month solution for cord cutters in 11 cities who used it to watch live and recorded TV from broadcasters like CBS and ABC.

For the full Bloomberg BNA story by  Alex Barinka and Caitlin McCabe   for BNA's Patent, Trademark & Copyright Daily,  CLICK HERE  (accessible to both subscribers and non-subscribers).

Ad-supported Internet content patent to be reconsidered in light of Alice ruling

In light of the Supreme Court's recent ruling on patentability of computer-implemented methods, it has issued a summary ruling in a similar case involving a patent on advertising-supported Internet publishing.

On June 19, the court issued a decision in Alice Corp. Pty Ltd. v. CLS Bank Int'l , 2014 BL 170103 (U.S. June 19, 2014), holding that mere implementation of an abstract idea with a computer is not patent-eligible.

A petition for a writ of certiorari had been pending in WildTangent while Alice was under consideration.

For the full Bloomberg BNA story by Anandashankar Mazumdar for BNA's Patent, Trademark & Copyright Daily,  CLICK HERE  (accessible to both subscribers and non-subscribers).

FDA's Juice Labeling Regulations Do Not Bar False Advertising Claim Under Lanham Act

June 12 -- The federal food labeling law and its accompanying regulations do not bar a juice manufacturer from asserting a false advertising claim against a competitor based on an allegation that a juice label is misleading, the U.S. Supreme Court ruled July 12 in a unanimous decision ( POM Wonderful LLC v. Coca-Cola Co., U.S., No. 12-761, 6/12/14).

Reversing a ruling by the U.S. Court of Appeals for the Ninth Circuit, the court also rejected an argument by the Solicitor General that the juice labeling regulations act as a "ceiling" on the scope of false advertising claims.

In an opinion authored by Justice Anthony M. Kennedy, the court rejected the argument by Coca-Cola Co., producer of Minute Maid brand juices, that Congress intended that the food labeling law preclude false advertising actions.

The court noted that the only explicit preemption in the labeling law applied to certain specific state law claims. The court said that preemption was not the question to be adjudicated. Rather, this was merely a statutory interpretation case.

Under that rubric, the court determined that there was no inherent incompatibility between the labeling law and the false advertising law. Furthermore, the court emphasized the complementary interaction of the two, in terms of their scope, purpose and remedies.

The court also found that barring such false advertising claims would be contrary to congressional intent.  


For the full Bloomberg BNA story by Anandashankar Mazumdar for BNA's Patent, Trademark & Copyright Daily,  CLICK HERE  (accessible to both subscribers and non-subscribers).

'Do You Copy?' Podcast, Episode 63, March 7, 2014

Podcast (stream or download): Ananda and Tony discuss a controversial decision by the Ninth Circuit that finds that an actor has a copyright interest in her performance in a film separate from the overall copyright interest in the film, a decision that looks ripe for further appeal. Tony also lays out a detailed case for why he thinks that the administration seems to have taken over control of the Patent and Trademark Office's policymaking functions. The "Do You Copy?" Podcast is also available for free subscription and download at the Apple iTunes Store (accessible to both subscribers and non-subscribers).

PTO Examiner Refuses to Register 'Redskins' Trademark (No, Not That One)

On Dec. 29, the PTO  refused to register  the trademark "Redskins Hog Rinds" on the grounds that the term "Redskin" was offensive to Native Americans. The examiner determined that the mark was disparaging, and therefore could not be registered under the Lanham Act, based on both dictionary definitions describing "Redskin" as derogatory and reports on Native American tribes considering the term offensive.

Unlicensed to Ill - GoldieBlox vs. The Beastie Boys

Blog exclusive:


Startup GoldieBlox created a viral sensation in November with  a video of a Rube Goldberg machine  to promote its line of toys designed to spur girls' interest in STEM subjects. The video was originally set to a version of the  Beastie Boys' 1987 song "Girls"  with new lyrics ("girls to build a spaceship/girls to code a new app") playing on the misogyny of the original ("girls to do the dishes/girls to clean up my room"). 

'Blurred Lines' blurs lines between homage and infringement?

Blog exclusive:


Robin Thicke and Pharrell Williams'  "Blurred Lines,"  the biggest song of the summer and Grammy nominee for Record of the Year, has been a lightning rod for controversy since its release. Thicke was already under fire for the song's  possibly misogynistic  lyrics, and now Thicke and Williams are being sued for infringement by the estate of soul legend Marvin Gaye because of "Blurred Lines'" similarity to Gaye's hit,  "Got to Give It Up." 

Ditch the label, keep the Toad

 Blog exclusive: In this post  I told you about how Def Leppard and other bands have attempted to get out from under the thumbs of their labels by rerecording their own music ... 

'Do You Copy?' Podcast, Episode 59, July 5, 2013

Podcast (stream or download):

On this holiday-week podcast, Ananda and Tony discuss the latest development in the now 7-year-old Google Book Search case as well as the Eleventh Circuit's exercise of jurisdiction over a patent case in MDS v. Rad Source. (Podcast is also available for free subscriptions and downloads at Apple's iTunes Store.)

'Do You Copy?' Podcast, Episode 58, June 28, 2013

Podcast (stream or download):

Ananda and Tony make their triumphant return with a rundown of all the big IP law news that has been raining down over the last several weeks, including Supreme Court decisions in Myriad and Actavis . Myriad represents at least a partial victory for those objecting to patenting of human genes. Actavis offers an opportunity to subject reverse-payment deals to antitrust law. Also on the agenda are rulings on petitions for certiorari in Intercollegiate Broadcasting , Lexmark , and Medtronic , the first of which ends a dispute over the appointment of the judges of the Copyright Royalty Board. The new Patent Trial and Appeal Board issues its very first decision, in SAP America . The software patent action before the Federal Circuit in Ultramercial v. Hulu  creates less of a stir than might be hoped and Monsanto wins another victory against farmers. Finally, the president himself gets in on the anti-patent troll conversation., including Supreme...

'Do You Copy?' Podcast, Episode 57, May 17, 2013

Podcast (stream or download):

In this episode, Tony and Ananda discuss the Supreme Court's decision in the controversial Bowman v. Monsanto case. But Tony thinks that a decision, or rather non-decision, by the Federal Circuit in CLS Bank v. Alice is more interesting. Also, the inaugural segment of Listener Mail. The podcast is also available at Apple's iTunes Store.

'On the Media' interviews researcher trying to make end run around Myriad



Blog exclusive:

We've been following the Myriad case very diligently, not only in its presentation to the U.S. Supreme Court, but going back to when it was still before the U.S. Court of Appeals for the Federal Circuit. We've covered it not only in our own publication -Bloomberg BNA's Patent, Trademark & Copyright Journal -and in this very blog and the "Do You Copy?" Podcast. But this past weekend, WNYC's On the Media drew my attention with an interview with Robert L. Nussbaum, a professor of medicine at the University of California, San Francisco. Nussbaum's problem with Myriad is that in 2006 or so, Myriad stopped sharing its own data that forms the basis of diagnosis related to the BRCA1 and BRCA2 genes. So about a year ago, Nussbaum decided to compile his own database and make it available to the public. He has been contacting as many genetic clinics as possible and asking them to contribute their data to the joint database, so even if Myriad's own data isn't available for everyone to look at, there will be an alternative for non-Myriad-affiliated diagnosticians to consult.


'Do You Copy?' Podcast, Episode 56, May 3, 2013

Podcast (stream or download):

This week's episode features discussions on decisions related to the DMCA's safe harbors, a patent on airline seating knocked out by video evidence, and a mini-rant on a paucity of challenges to covered business method patents.

The 'Do You Copy?' Podcast is now available for free at the iTunes Store.

'Do You Copy?' Podcast, Episode 54, April 12, 2013

Podcast (stream or download):


In this week's episode of "Do You Copy?," Ananda and Tony discuss the big picture when it comes to Novartis's failure to get a patent on its improved cancer drug. And then it's on to two decisions in which copyrights are pitted against service providers. In one case, Tony revisits an old rant against the U.S. Court of Appeals for the Second Circuit when talking about the latest decision in the Aereo case. And Ananda talks about the downfall of ReDigi's attempt to sell second-hand digitized music.

'Do You Copy?' Podcast, Episode 53, April 5, 2013

Podcast (stream or download):

This week's episode of "Do You Copy?" is all about the Supreme Court and two cases that have stirred significant controversy. Ananda analyzes the long-awaited decision in the Kirtsaeng case, which involved the interplay of the first-sale doctrine with the Copyright Act's importation right. Tony offers his perspective on oral arguments in the Actavis case, in which the Federal Trade Commission has objected to "pay-for-delay" agreements between brand-name pharmaceutial manufacturers and their rival generics makers. This is also the first episode that will hit the blog and the iTunes Store simultaneously.


6th Cir. Reverses Dismissal of Trademark Claim

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the Sixth Circuit's reversal in a trademark case , as the court gave weight to ex-employees' testimony on its former company's...

'Do You Copy?' Podcast, Episode 52, March 15, 2013

Podcast (stream or download):  

Announcement: "Do You Copy?": Bloomberg BNA's Intellectual Property Law Podcast is now available for free at the iTunes Store. Do a search for "BNA" podcasts and subscribe to the "INTELLECTUAL PROPERTY" podcast. You can also find it through this URL:    

On this week's podcast, Ananda and Tony marvel at Congress's sudden interest in intellectual property issues. They discuss the introduction of the Shield Act, which is intended to address the patent troll problem. They also discuss the political furore over cellphone unlocking.


Comedy takes a position on the Shield Act

Blog exclusive: I'm a moderate comedy buff and over the last couple of years, I've become a big fan of Marc Maron's "WTF With Marc Maron" podcast . Imagine my surprise when switched on Maron's...

'Do You Copy?' Podcast, Episode 51, March 1, 2013

Podcast (stream or download):

Ananda and Tony discuss the Supreme Court's ruling in Gunn v. Minton , which slaps down the Federal Circuit for trying to block state courts from entertaining malpractice claims against patent attorneys. Also, Tony reports on his visit to the high court to observe the oral argument in Bowman v. Monsanto , and things don't seem to be looking very good for Bowman.


'Do You Copy?' Podcast, Episode 50, Feb. 15, 2013

Podcast (stream or download):

Tony reports on his visit to the Federal Circuit to hear arguments on software patenting and Ananda notes that the long-simmering disparaging trademark issue involving Washington's professional football club has recently become a subject of public interest again.


Pallante Appoints Associate Register of Copyrights

Bloomberg BNA full story: Tamlin H. Bason's writeup of the appointment of Karyn Temple Claggett to serve as director of policy and international affairs at the Copyright Office, appearing in...

Not All Software Is Equally Patent Eligible

Hallelujah! I wrote a story for my publication, the Patent, Trademark and Copyright Journal, that assessed the arguments in CLS Bank International v. Alice Corporation Pty. Ltd. , a case the en...

'Do You Copy?' Podcast, Episode 49, Feb. 1, 2013

Podcast (stream or download):

In this week's podcast, Tony gets to reminisce about his old employer, CompuServe, whose pre-internet online mall on a private network served as prior art to render obvious a patent in an internet shopping service. Ananda talks about a decision by the Connecticut Supreme Court that says that the states FOIA statute's exception for "federal law" includes the Copyright Act, and, thus, a state agency is not stuck with paying $9 million in licensing fees when a private citizen wants copies of 400,000 aerial images licensed by the state from a private party.


Common Pizza Parlor Design Is Not Distinctive

Bloomberg BNA full story: Tamlin H. Bason's writeup of an Eastern District of Michigan ruling on trade dress for a pizza parlor, appearing in BNA's Patent, Trademark & Copyright Law Daily...

'Do You Copy?' Podcast, Episode 48, Jan. 11, 2014

Podcast (stream or download):

In the first podcast of 2013, Tony kicks it off with some calendar items on patent policy discussions that might not be very well publicized. Ananda helps Tony celebrate the N.F.L. playoff season by bringing back an old topic, the dispute between Frederick Bouchat and the Baltimore Ravens. Also on the agenda is a discussion about an ongoing dispute between the descendants of jazz singer and band leader Cab Calloway.


Kappos to Step Down As Head of PTO in January

Bloomberg BNA full story: Tamlin H. Bason's writeup of David J. Kappos's decision to step down as director of the Patent and Trademark Office in January, appearing in BNA's Patent, Trademark...

'Do You Copy?' Podcast, Episode 47, Dec. 14, 2012

Podcast (stream or download):

In the last podcast of the year, Tony kicks off the holiday season by airing his anxieties regarding case names that he doesn't know how to pronounce. But the podcast gets down to more substantive issues with the Supreme Court's granting of certiorari in the Watson case, which will take a look at the antitrust implications of reverse payment deals between brand name and generic drug makers. Ananda brings the holidays back into the discussion by turning to two intended holiday releases, a blockbuster and a knockbuster. Ananda also has an update on the ongoing saga of digital movie pirate Jammie Thomas-Rasset. And, to top off the holiday podcast, Ananda talks about a Federal Circuit decision, In re Yamazaki , that addresses an attempt to extend the term of a patent through reissue.


I stream, you stream...

Blog exclusive: Practising Law Institute's "Communications Law in the Digital Age 2012" program in New York opened my eyes to the disparate views...

Are Human Genes Patentable?

Blog Exclusive: No. Okay, are we done? Can we go home now? The question that the Supreme Court has decided to consider in Association for Molecular Pathology v. Myriad Genetics Inc . is "Are...

'Do You Copy?' Podcast, Episode 45, November 30, 2012

Podcast (stream or download):

In Episode 45 of the "Do You Copy?" Podcast, Ananda caters to Tony's obsession with football with a discussion on the latest efforts of a Baltimore security guard and amateur artist to get compensation for the unauthorized use of his design as a logo by the Baltimore Ravens. And Tony talks about the impending departure of David Kappos from the directorship of the PTO and his difference of opinion with the patent community as to what has made him a successful director.


First annual Turkey Award in patent law

Blog exclusive: Thanksgiving is in two days, so here's my first annual Turkey Award for patent law. And it goes to … the America Invents Act. The AIA wins because the effects of provisions that...

'Do You Copy?' Podcast, Episode 44, Nov. 16, 2012

Podcast (stream or download):  In this week's podcast, Tony rants about the high fees for the new inter partes review system at the PTO. And he suspects that there were some hidden reasons for doubling the number of administrative patent judges when setting up the new Patent Trial and Appeal Board. Ananda and Tony also discuss changes on the Federal Circuit bench and whether that might have any impact on the court's jurisprudential balance.


'Do You Copy?' Podcast, Episode 42, Oct. 26, 2012

Podcast (stream or download): On this week's "Do You Copy?" Podcast, Ananda and Tony talks about the Copyright Office's latest push to tackle the orphan works problem as well as what seemst to be a resurgence of the doctrine of equivalents in patent law.


'Do You Copy?' Podcast, Episode 41, Oct. 19, 2012

Podcast (stream or download):

In this episode, Tony and Ananda talk about a major blow to the Authors Guild in its battle against mass digitization and Tony threatens a rant on standards-essential patents.


'Do You Copy?' Podcast, Episode 40, Oct. 12, 2012

Podcast (stream or download):

Ananda and Tony fear that the chances of a Washington Nationals vs. Cincinnati Reds National League playoff isn't as certain as it had seemed to be. But on to business: The U.S. Supreme Court agrees to review a case involving Monsanto's seed patents and also one on the Federal Circuit's malpractice standard. But Tony thinks the bigger news is the Federal Circuit's decision to sit en banc on patent eligibility of computerized methods. Finally, there's a break in the long-running Google Books dispute.


'Do You Copy?' Podcast, Episode 39, Oct. 5, 2012

Podcast (stream or download):

Ananda and Tony chat about a victim of the statutory numbering problem that came up in Episode 38 . Moving on to X-box news, the next topic is Motorola's efforts to set a royalty rate for use of patents incorporated into an industry standard. And then peculiar wording in an Indiana statute requires a court to decide that selling a toy gun is, under the state's counterfeiting law, "uttering a writing."


'Do You Copy?' Podcast, Episode 38, Sept. 28, 2012

Podcast (stream or download): In this week's podcast, Ananda and Tony discuss developments in trademark, false advertising, and patent law. Ananda talks about the only IP legislation we're...


Blog exclusive: One person's understanding of a word or expression can be vastly different from another's reading of the same thing, and if you're ignorant of such differences it can get you into trouble. For example...

Knights of Malta trademark battle: no small claim

Blog exclusive: I went to small claims court once. The case prior to mine was brought by a woman claiming harm from a hairdo that didn't come out the way she had hoped. The trial was postponed...

'Do You Copy?' Podcast, Episode 37, Sept. 21, 2012

Podcast (stream or download):

In this week's podcast, Ananda and Tony discuss a grab-bag of issues, including a potentially problematic implementation of the first-inventor-to-file standard by the Patent and Trademark Office, a series of personality rights decisions involving Humphrey Bogart, Marilyn Monroe, and Chuck Yeager, a decision in the red-soled-shoe trademark case, and a resolution of a court's demand that parties reveal financial relationships with bloggers...


'Do You Copy?' Podcast, Episode 36, Sept. 6, 2012

Podcast (stream or download): This week's podcast features two patent stories. The first is the explosive verdict in the Apple v. Samsung trial, which has had the mainstream media buzzing with its judgment that Samsung infringed the iPhone design patents. The second story is what Tony thinks is an unjustifiably neglected story: The Federal Circuit's shocking decisions on joint liability.

From the archives of 'Do You Copy': The copyright episode

Podcast (stream or download):

Tony and Ananda are taking an enforced holiday from the podcast this week (Tony is serving the public on jury duty), so listeners aching for a fix might try to give another listen to Episode 21, a timeless discussion of the underpinning intent and logic of copyright law. Enjoy and come back next week for updates on the latest in IP law, including commentary about the stunning jury verdict in the Apple v. Samsung trial...


'Do You Copy?' Podcast, Episode 35, August 24, 2012

Podcast (stream or download):  In this week's podcast, Tony expresses significant frustration regarding the Federal Circuit's failure to apply the Supreme Court's Mayo decision in any meaningful way when considering Myriad on remand. ... But before getting to that topic, Ananda and Tony disagree regarding the implications of a federal district court judge's insistence that Oracle and Google reveal which bloggers might be receiving payola ... Ananda also tells Tony the story of a local TV news reporter who uses copyright law to get back at Hustler magazine for publishing a nude photograph of her...


It's trademark storytime

Blog exclusive: Trademarks are protected when they indicate the source of the product or service. But when marks instead indicate the product or service itself, they become “genericized.” In the United...

Myriad reconsidered: Did a tree fall?

Blog exclusive: If a tree falls in the forest and no one is around to hear it does it make a sound? That’s a question in philosophy that can be traced back to 1710. I have a corollary: If a tree purportedly falls...

'Do You Copy?' Podcast, Episode 32, Aug. 3, 2012

Podcast (stream or download):

On this week's episode of "Do You Copy?," Ananda and Tony delve into an intersection of patents and copyrights, and explore the question of whether a publisher has a claim against patent applicants who make unauthorized copies of scientific articles in order to support their patent applications. And they also talk about a bit of trademark legislation that might reveal the importance of numbering in statutory law.


Myriad oral argument redux: Were any votes changed?

Blog exclusive: It was déjà vu all over again, even though it wasn't. The same Federal Circuit panel heard oral arguments in the controversial Myriad  case for the second time, but the discussion was supposed...

'Do You Copy?' Podcast, Episode 30, July 20, 2012

Podcast (stream or download):

In Episode 30 of the "Do You Copy?" Podcast, Ananda and Tony discuss a decision that finds the Copyright Royalty Board unconstitutional under the Appointments Clause and the decision in New York federal court that finds no infringement on the part of Aereo's video distribution service. 

It’s still good advice to 'play nice'

Blog exclusive: I once read of a study showing that one of the major reasons why physicians are sued for malpractice is because when a doctor is confronted with a complaint from a patient, he or she usually doesn't accept responsibility for a mistake and then fully apologize to the patient for having made it (an example of "not playing nice")...

'Do You Copy?' Podcast, Episode 29, July 16, 2012

Podcast (stream or download):  In Episode 29 of "Do You Copy?," Ananda and Tony discuss Siniouguine v. Mediachase , which has some potentially interesting implications for employers who want to ensure that they own the copyright interest to their employees' work product. Tony's direct experience in the software industry leads him to take the side of both software development company and software programmer. Also on the agenda is another disagreement on the Federal Circuit over the meaning of Mayo v. Prometheus in a case that might represent an attempt to "cabin" the Supreme Court's landmark ruling...


Are SOPA opponents crying wolf over Attaché Act?

Blog exclusive: As of July 12, the Intellectual Property Attaché Act had not yet been formally introduced, and yet a long list of SOPA opponents had already sounded the alarm. Here is a sampling of some of the articles that went online Tuesday . Unfortunately for them, they all got it (at last partially) wrong...

'Do You Copy?' Podcast, Episode 28, July 9, 2012

Podcast (stream or download):

Things have been hot in old D.C. with a heatwave and a storm that knocked out power for more than a million people. But Ananda and Tony finally did manage to get into the air-conditioned studios at the Bell Street headquarters...


'Do You Copy?' Podcast, Episode 27, June 28, 2012

Podcast (stream or download):  Episode 27 of the "Do You Copy?" Podcast is coming a few days late because of unavoidable circumstances. (Episodes 28 and 29 will also likely be shifted due to the upcoming holiday.) However, tune in and listen to Ananda and Tony discuss...


SOPA supporters: Still not nerds!

Blog exclusive plus Bloomberg BNA full story: Rep. Melvin L. Watt (D-N.C.) received a good bit of flak for his statements about nerds during the two-day House Judiciary Committee markup of the Stop Online Piracy Act in...

'Do You Copy?' Podcast, Episode 26, June 18, 2012

Podcast (stream or download):  In Episode 26 of the "Do You Copy?" Podcast, Ananda and Tony have small updates on the Google Book Search case and the missing-and-presumed-dead SOPA and PIPA legislation. Tony also talks about Apple's failure...


'Do You Copy?' Podcast, Episode 25, June 11, 2012

Podcast (stream or download):  It's all about Google on this edition of "Do You Copy?," as Ananda and Tony update battles that the internet giant is waging against Oracle and...


SHHHH! It's a secret!

Blog exclusive:  Did you know that some patent applications are kept secret? That was, frankly, a secret to me until I walked past the closed-circuit TV and saw a BloombergBusinessweek story on secret patents recently. But I have an excuse for my ignorance of such things: the Invention Secrecy Act was passed in 1951, which was before my time.

During WWI, which was way, way before my time...

We pay $100 a year for ESPN, even those of us who don't watch it

Blog exclusive:  Every five years or so, we find ourselves reporting on another struggle over legislation to renew the statutory licenses that allow satellite television services to rebroadcast local and network signals without having to negotiate for licensing...


'Do You Copy?' Podcast, Episode 24, June 4, 2012

Podcast (stream or download):  In this edition of "Do You Copy?," Ananda reports on the striking down of California's Resale Royalties statute and Tony goes on a rant about arguments that content owners use against services whose technological processes involve the creation of...


Open access to publicly funded research remains live issue

Blog exclusive:  Over the past few months, the issue of free access to publicly funded research has been popping up as an issue of contention between publishers on the one hand, and librarians and public interest groups on the...


'Do You Copy?' Podcast, Episode 23, May 28, 2012

Podcast (stream or download):  In this episode of "Do You Copy?," Ananda talks about the Georgia State University decision, which has universities and academic librarians breathing sighs of relief at what apparently seems to be a major victory for them. And Tony talks...


PTO transparency lauded; Student access was fair use; Challenge to 'Pomegranate' drink barred

Bloomberg BNA full stories:  Tony Dutra's writeup on a House Judiciary Committee hearing on the Patent and Trademark Office's implementation of the patent reform statute for... Anandashankar Mazumdar's writeup on the hefty decision allowing a university to offer some excerpts from scholarly works to students through its electronic reserves system for... Tamlin Bason's writeup on a failed attempt to bring a private Lanham Act claim to overrule a labeling decision by the Food and Drug Administration's for...


'Do You Copy?' Podcast, Episode 19, April 30, 2012

Podcast (stream or download):  

In episode 19 of the "Do You Copy?" podcast, Ananda chats with Tony about two patent issues. The first is the Supreme Court's unanimous decision in Kappos v. Hyatt , which rejects the Federal...


European Union's handling of copyright issues

Video (C-Span): Anandashankar Mazumdar joins Pedro Echevarria on C-Span's The Communicators to discuss the European Union's approach to intellectual property issues with Luc Pierre Devigne....