The Sixth Circuit Court of Appeals recently ruled that cheer leading uniforms may be subject to copyright protection. In particular, in Varsity Brands vs. Star Athletica, the court overruled a district court’s holding that the Varsity Brand uniforms were not...
Ego is Grounds for Cause of Action in Inventor Dispute
Socrates once said “the way to a good reputation is to be what you desire to appear.” For one man, he wanted to be a named inventor. In an action against his former employer, Seagate, Mr. Shukh filed an action in federal district court charging that...
Holy Registration, Batman: The Batmobile is Copyrighted!
It is now settled: the Batmobile is subject to copyright protection. In a recent appellate court decision, the Batmobile was determined to have sufficient distinguishing features to entitle it to copyright protection. The appeal was the result of a case...
If the Shoe Fits: Adidas vs. Sketchers Trademark Infringement Summary
Adidas, the German sporting goods company, recently sued Skechers USA Inc. for trademark infringement involving sneaker designs. Adidas claims that the lawsuit is based on a long history of alleged infringement by Skechers of Adidas shoe trademarks. Adidas...
Rethinking Patent Costs
The other day I was speaking to a business owner. She regretted not seeking patent protection sooner and more often for various innovations developed by her company. When we discussed average costs, she was surprised that the costs were considerably lower...
Texas Gold and Trade Secrets
Southwest Energy Company recently found itself in the cross hairs of a trade secret dispute. It seems that a pair of geologists and an engineer created a detailed study of the drilling and fracing opportunities in East Texas. The team had identified 10...
Can Kings and Queens Coexist When It Comes To Beer?
The Anheuser Busch Company is objecting to a Belgium based brewer’s trademark application for “Queen of Beers”. Busch alleges that the “Queen of Beers” mark would infringe on the Busch “King of Beers” mark used in connection with its Budweiser beer. The...
Jordan Wins Slam Dunk In Trademark Suit
Michael Jordan was recently awarded almost nine million in damages after a supermarket used his name and likeness without his permission. Jordan sued Dominick’s Grocery store after it ran an advertisement promoting a $2 off coupon for steak. The...
DIY Patent Searches: Good Luck with That
Recently I’ve found websites and blog posts promoting your ability to conduct your own patent search. Unless your invention is extremely straightforward, I would not recommend doing that. The U.S. Patent Office was created in 1802. As such, issued...
When Fashion and Graffiti Collide
Joseph Tierney, is a well known street artist known as "Rime”. He sued fashion designer, Jeremy Scott and high-end Italian apparel brand, Moschino over the dress Katy Perry wore to the Metropolitan Museum of Art’s Met Gala in May. Rime accused Moschino and...
The Fuzzy Babba Prevails
(I have to admit I picked this case in part on the name, Fuzzy Babba. ) Walmart sells a similar fuzzy slipper under the mark “Fuzzy Babba™.” Buyer’s Direct sued Walmart and others for infringing their design patent directed to a slipper that Buyer’s Direct sells...
Innovation: then and now
I recently came across an interesting article in the Economist on the way in which inventions are developed today and in the past. It raises some intriguing points on how developments are handled today, as well as some insights regarding the scope and breadth of...












