Trademark Law and the Brilliance of “Dumb Starbucks”
A typical comedian would not devote an episode of his TV show to issues of trademark law, but Nathan Fielder is not a typical comedian. Most people in the U.S.…
California’s Strange New Age Law
Have you ever been watching a television show or movie with characters supposedly of high-school age—think Gossip Girl, Mean Girls, Greece—and then been shocked to discover that the actors portraying…
Akamai and Divided Infringement of Method Claims
In August of 2015, the federal circuit met en banc in Akamai v. Limelight to settle a long-standing issue: When multiple parties perform all the steps to a patented method,…
Why Tesla Should Consider Amending its Patent Pledge
Over two years ago, Tesla’s CEO Elon Musk announced that the company would not initiate any patent lawsuits against anyone who was using Tesla’s technology in good faith. This pledge…
Truth and TriFlex: The Fourth Circuit’s Ruling Regarding “Literally False” Advertising Claims
This blog post discusses the Fourth Circuit’s ruling regarding “literally false” advertising claims. The case is In re GNC Corp., 789 F.3d 505 (2015). I. Factual Background GNC, a national…
Climbing Out of the Rabbit Hole – Post-Alice Decisions on Patentability of Software Inventions
In early 2016, Google DeepMind unveiled the AlphaGo project, a gaming algorithm based on machine learning and dedicated to the last remaining game where humans held superior against computers—Go,…
A rose by any other name would smell as sweet, unless it’s from Tiffany’s: An Analysis of Tiffany & Co. v. Costco Wholesale Corp.
Picture this scenario: a young woman has been doing research on engagement rings so that she can tell her boyfriend what kind of ring she’d like. She decides that she…
Why It’s Time to End the Federal Prohibition on Sports Gambling
An estimated $90 billion will be bet on NFL and NCAA football games during the 2016-2017 season—yet only $2 billion will be done so legally. This discrepancy is a testament…
How Will The Supreme Court Decide Samsung v. Apple?
On October 11, 2016, the Supreme Court heard oral arguments in Samsung Electronics Co. v. Apple Inc. on the issue of whether damages resulting from the infringement of a design…
Why Are Songwriters Suing the Justice Department?
In today’s digital environment, recorded music is more accessible now than ever before. Through online music streaming services such as Spotify, Pandora, and iTunes radio, users have all of the…