Baseball Copyright Fanatics- A Case Study of the Phillie Phanatic

When you think about copyrights… you may not imagine that Benny The Bull, Bucky the Badger, or the Phillie Phanatic are relevant… but even these sports characters are subject to copyright law. Before diving into how copyright applies to mascots, it’s important to understand some basic principles of copyright law. What is a Copyright? Copyright is a type of intellectual property that protects original creative … Continue reading Baseball Copyright Fanatics- A Case Study of the Phillie Phanatic

Patent Wars on the Fairway: How Obviousness Plays a Role in Golf Patents

As a new golfer working tirelessly on my (sometimes inconsistent) swing, I discovered something about the sport that goes beyond fairways and putting greens. I discovered the enormous field of golf patents, where innovation meets fierce competition. From multi-layered golf balls to the aerodynamic secrets hidden in club faces, there’s an extraordinary number of patents in this industry—22,000 since 1976, to be precise! What surprised … Continue reading Patent Wars on the Fairway: How Obviousness Plays a Role in Golf Patents

From Engineering to Entrepreneurship: An Interview with Alisha Feustel

Alisha Feustel is a founding partner at Akona IP who focuses on all aspects of intellectual property law, especially patent prosecution (the writing, filing, and handling of patent applications with the US Patent and Trademark Office) and patent portfolio management (the strategic handling of one’s patent assets). She works closely with clients in a variety of technologies, including semiconductor device packaging, biomedical devices, computer memory and storage technologies, and many others.

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Leveling the Trademark Playing Field for Small Businesses

When small businesses are just getting off the ground, one big question on their minds is, “How do we stand out from the competition?” One way to stand out is by having a distinctive name, slogan, or logo. It’s even better if a business takes steps to ensure these identifying symbols are maximally protected under the trademark law. A valid trademark identifies the source of … Continue reading Leveling the Trademark Playing Field for Small Businesses

Can AI Keep A Secret?

With the increased use of artificial intelligence (“AI”) programs, intellectual property law has been faced with a variety of unanswered questions. One such question is whether AI systems qualify as inventors for patents. Another is whether AI systems qualify as authors for copyrights. The world of trade secrets is similarly facing new questions and challenges due to the use of AI. Some of these challenges … Continue reading Can AI Keep A Secret?

Identity Crisis: Deepfakes and the Battle for Image and Likeness

The impact of Artificial Intelligence on Intellectual Property law has been an ongoing debate, especially how it impacts inventorship or authorship. But with increasing numbers of deepfakes going around the internet, AI might impact another important area of IP law—the right of publicity. A better understanding of deepfakes and the dangers of deepfakes will educate how much the right of publicity could protect individuals whose name and likeness is appropriated by deepfakes.

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Don’t Tell CHANEL: Legitimate Resale or Trademark Infringement?

Anyone interested in fashion or pop culture likely knows that CHANEL is one of the largest, well-known, and sought after names in the fashion industry. Words such as timeless, chic, and luxurious are often used to describe the clothes and accessories sold by the French fashion house. Since its beginning in the early 1900s, Chanel has obtained intellectual property (“IP”) rights, particularly in its trademarks. A trademark can be any word, phrase, symbol, design, or combination thereof that distinguishes your goods and services from that of another. For Chanel, its name and logo are both well-known and well recognized trademarks. Unfortunately for the average consumer, Chanel’s goods aren’t as easily accessible as they are recognized, due to the high price tags that the brand is also known for.

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Can I Patent that? A Wade Into The Patentable Subject Matter Thicket

I can’t be the only one who’s experienced this scenario. You’re surrounded by your friends and one of them thinks of an invention that solves a frustrating problem in daily life. Then, one of your friends exclaims: “You should patent that!” As the discussion progresses, the euphoria of potential financial freedom sets in. If only we could commercially exploit this idea, then we’d be financially free–released from our student loan burdens and other debts. Hold on. Before you and your friends liquidate all your assets, apply for a patent (i.e., a time-limited exclusive right to your invention), and book an audition on Shark Tank, let’s go through a few things.

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You Get Cheaper Drugs! You Get Cheaper Drugs! Or Do You?

The IRA was enacted in 2022 by the Biden Administration. (No, not the IRA concerning your retirement funds!) Known as the Inflation Reduction Act, the IRA helps those on Medicare by taking important steps to reduce drug prices.  For the first time in decades, Medicare is permitted to negotiate with companies to reduce costs of the most expensive drugs.  In addition, it is dramatically reducing prices of one key drug. Insulin prices were capped at $35/month for those on Medicare. While this legislation is a massive step in the right direction for equal and affordable access to drugs, it does not go far enough.

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From Petri Dishes to Prime: An Interview with Eric Liu

Eric Liu is a class of 2019 Loyola U. Chicago School of Law graduate who pursued IP law immediately upon graduation. He has a background in Biomedical Engineering that he built upon by working at Cardinal Health and the U.S. Patent Office. During law school, he worked as a Judicial Extern for the Northern District of Illinois. Following graduation, Eric worked as an IP Associate … Continue reading From Petri Dishes to Prime: An Interview with Eric Liu