Category: Behind the Scenes

Behind the Scenes, trade secrets

Trade Secrets in Staffing: Best Practices

Nearly every business relies on confidential information for a competitive advantage. Famous examples include secret formulas, like the recipes for Coca-Cola and Kentucky Fried Chicken. Other examples include valuable algorithms, processes, data, and practices kept reasonably secret by all different types of businesses. If information is kept secret and gains economic value from its secrecy, a trade secret exists, and its owner has the legal right protect it.

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avatarLandon WilneffLeave a comment
Behind the Scenes, Trademarks

A Trademark War in the Athletic Arena

Two of the biggest brands in the fitness industry went head-to-head recently in a lawsuit for trademark infringement, which means one company is using some form of a trademark that another company believes is too similar to their own. Peloton has sued Lululemon over trade dress, which is a type of trademark that encompasses product design or product packaging.

Brief History of the Parties

Peloton is known for its high-end, at-home workout machines and classes, and has sued to protect its athletic wear line from trademark infringement. At number 1, Lululemon Athletica is the most popular activewear brand of 2022. To understand the sheer size and popularity of Lululemon compared to Peloton, when it comes to clothing, Peloton does not even appear in the top 15 most popular brands of 2022, according to USA today.

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avatarIsabella Field
Behind the Scenes, Copyrights

Be Ready to Face the Consequences, Warner Bros.

Remember Ed Helms’ face tattoo from “The Hangover Part II” movie? Did you notice the resemblance between the tattoo featured in the film and Mike Tyson’s face tattoo? Well, Warner Bros. may not have gotten permission to use that tattoo from artist S. Victor Whitmill who designed Tyson’s famous tattoo.

Before the movie’s release, Whitmill filed a complaint against Warner Bros., alleging that the facial tattoo in the film infringed on Whitmill’s copyright in the tattoo. Whitmill sought a preliminary injunction, which would have halted the film’s release. A preliminary injunction is a pre-trial court order that stops action by the opposing party in a lawsuit.

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avatarJean Joseph
Behind the Scenes, Copyrights

Thinking out Loud…. About Copyrights: Ed Sheeran’s Recent Copyright Lawsuits

Ed Sheeran is a Grammy-winning artist known for his hit songs such as “Thinking Out Loud” and “The Shape of You.” Sheeran has accrued a great deal of wealth and as a result seems to be a good target for copyright trolls, litigious entities or individuals that litigate large amounts of copyright infringement cases with often baseless claims in the hope for a settlement. Ed Sheeran is a well-known artist and as such, he is in a financial situation to settle lawsuits rather than go through the litigation process. Continue reading “Thinking out Loud…. About Copyrights: Ed Sheeran’s Recent Copyright Lawsuits”

avatarJacob Taylor
Behind the Scenes, trade secrets

Coca-Cola’s Clandestine Operation: The Story and the Rationale Behind the World’s Greatest Trade Secret

How well can you keep a secret? How about a secret that has been around for over a century and is one of the most sought after secrets in the world? Well, that’s the challenge for those who know the world-famous secret formula of the original Coca-Cola, better known as Coke. The company protects the formula by shrouding it in a great amount of secrecy. But, how did this formula come to be and how it is protected under intellectual property law?

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avatarBrendan Zdunek
Behind the Scenes, Trademarks

Look What You Made Me Blog

… Ready for It?

Nine Studio Albums. Five Tours. Two Re-Recordings. One Massive Fanbase. We know all too well that Taylor Swift is the pinnacle of success for the music industry. Spanning multiple genres from country to pop and even some folk(lore), Taylor Swift has accomplished a lot in her first 32 years of life. But what’s gotten her to this level of recognition?

Some say it’s her songs. Some say it’s her stage presence. Others say it’s her re-recordings. Taylor Swift says it could be her songs, “with a catchy hook and an intensely cathartic bridge section.” Call it what you want, I say her level of recognition comes from her fearless team of lawyers registering her trademarks.

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avatarAshton Duke
Behind the Scenes, Copyrights

“Scamilton” – Copyright Troubles in “Way-Off” Broadway Productions

When I was in high school, the annual musical was always a big deal. They would do renditions of famous productions such as Fiddler on the Roof, The Sound of Music, and even Disney’s High School Musical. Although I had long since graduated from high school by the time my favorite musical Hamilton became popular, I noticed that there weren’t really productions of it outside of Broadway sponsored productions. Perhaps a recent controversy regarding the threat of a copyright lawsuit and an unauthorized Hamilton production at a Texas church helps explain why…

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avatarMadeline Domenichella
Behind the Scenes, Trademarks

Nike v. StockX: “Running” to NFTs

Have you heard of NFTs, or non-fungible tokens? In recent years, NFTs and their associated intellectual property rights are increasingly embroiled in legal battles. One such example is Nike v. StockX, a NFT trademark case filed in the U.S. District Court for the Southern District of New York. This case demonstrates that fashion brands like Nike are willing to battle in the courtroom for intellectual property rights in NFTs.

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avatarLandon Wilneff