For all the good copyright law does to protect the creative works of authors, it causes problems for Text and Data Mining (TDM) by researchers and AI. TDM is a tool that allows computers to “read” and analyze large amounts of text or data. As I explained in Part 1 of this post, TDM is likely copyright infringement under current U.S. law. However, the initial copyright infringement isn’t the only issue. Continue reading “Finding a Fix for TDM’s Issues”
Harry Styles might be the world’s biggest pop star. Styles began his musical career in 2010 as a member of the band One Direction, and he is now one of the most popular solo artists in the world. At February’s GRAMMY Awards, Styles’s “Harry’s House” won Album Of The Year, arguably the most significant award at the show. Styles is known not only for his … Continue reading Harry’s Style: Trademark Infringement Against Counterfeit Sellers
I still remember my first sparring match vividly. It was a 3-minute practice combat session in my childhood martial arts class. I practiced techniques, learned the rules, and prepared myself for controlled combat with a partner. I instantly fell in love with the competitive spirit of sparring. Recently, I was reminded of that spirit when I discovered patent litigation as a law clerk.
By the time November 1st rolls around each year, I often expect to hear “All I Want For Christmas Is You” when I turn on the radio. Mariah Carey is America’s Christmas ‘It-girl.’ According to Vulture magazine, as of Christmas 2022, Mariah’s song was the longest-running holiday Number 1 song of all time. Her song, which was released in 1994, has garnered so much recognition … Continue reading Mariah Carey: No Longer The Queen of Christmas According to Trademark Experts
What’s Mine is Yours?
When I was younger, my dad told me that he worked on “artificial intelligence” after graduating college. I thought this was the coolest job ever. What if my dad was part of the team that made a self-aware AI like in the movies? He told me that AI didn’t really work that way. In fact, he worked on a smaller piece of AI technology dealing with sorting data based on algorithms. I didn’t really understand what he meant at the time, but it still seemed pretty neat. Continue reading “What’s Mine is Yours?”
Jazz Musician Turned into a Tattoo: Miles Davis Photographer’s Suit against Tattoo artist Kat Von D for Copyright Infringement
The tattoo industry has largely avoided cases of copyright infringement or other types of intellectual property suits based on an artist’s work. This may change as Jeffrey Sedlik, a well-known photographer, who photographed the prolific and well known jazz musician Miles Davis, is suing tattoo artist Kat Von D. for using his photograph to produce a tattoo for a colleague. Continue reading “Jazz Musician Turned into a Tattoo: Miles Davis Photographer’s Suit against Tattoo artist Kat Von D for Copyright Infringement”
The Legend of Zelda is a Nintendo video game series centered around protagonist Link. One of the newer installments of the series, Breath of the Wild, has won several awards in the gaming industry. But, what in the world does the Legend of Zelda have to do with patent law?
Since the inception of the National Collegiate Athletic Association otherwise known as the “NCAA”, student-athletes were not able to collect any type of financial benefits while they were playing collegiate-level sports. Fast forward to today, student-athletes are now allowed to make profits off of their “name, image, and likeness” aka “NIL,” a type of intellectual property right that’s grouped under the right of publicity (essentially gives each person the exclusive right to use and license their identity for commercial promotion). What I and many others were once not allowed to partake in, is now available and encouraged for all student-athletes. Some student-athletes are already making millions in deals and sponsorships!
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.
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.