I remember the conversation that sent me to law school vividly. I was working in marketing for an arts organization, discussing an upcoming art exhibit with the artist. Of course, the topic of online marketing arose. The conversation went like this:
Continue reading “Legal Literacy in the Arts: My Journey with IP in the Misinformation Age”
Fall is here which means stores and front stoops are full of all things pumpkin! Taking IP this Fall has made me realize that many great fall items may have some kind of intellectual property (IP) protection. That’s been one of my favorite parts of learning more about IP, the realization that it truly impacts all areas of our lives. To help prove my point I rounded up some of the most interesting pumpkin related patents I could find. Continue reading “Eight Great Pumpkin Patents”
When I first learned about intellectual property (“IP”) law, my initial impression was that a large portion of IP involves patents and that patent law was only reserved for former science majors. However, my impression was wrong. In the past year, I learned that IP law is not solely focused on patents and that not every aspect of practicing patent law requires a science background.
Let me explain how I learned that and how Loyola Law played a major role in that story.
Continue reading “Following the Science? My Story of a Non-Science Major Joining IP Law at Loyola”
Professor Cynthia Ho is the Director of the Intellectual Property Program at Loyola University Chicago School of Law. She teaches courses in Intellectual Property as well as Civil Procedure. She has made particular contributions in the area of international intellectual property, as well as patent issues involving biotechnology or health policy.
Before coming to law school, I only had a vague understanding of what the public domain was. Mostly, it seemed like a phrase people would throw around when describing music that was insanely old. However, a few of my friends make music in their spare time and seeing how they used music they found within the public domain” helped me understand its importance and how it functions.
Continue reading “Demystifying the Public Domain: How Expired IP Promotes Creativity”
Intellectual property (IP) law probably isn’t the first thing you think of when you think of Harry Houdini. One probably envisions dramatic performances involving straightjackets, water barrels, or sleight of hand illusions. However, Houdini’s greatest trick may have been leveraging IP to his personal advantage.
While many know of the magician for his impressive feats of escape, the Hungarian-born immigrant was also an avid inventor. Harry Houdini, born Erik Weitz, came of age during the Industrial Revolution. As a product of his time, Houdini had high esteem for feats of mechanical engineering. This, along with a few other incentives discussed later, led him to patent the machines he created for his magic performances.
He designed created new machines that would dazzle his audiences with exciting performances. Patenting his inventions served a few important functions for Houdini. But before describing those functions, let’s first explain how patents work and what they do.
Continue reading “Was Harry Houdini’s Most Famous Trick Understanding IP Law?”
In my last post I analyzed whether the design of a quilt top meets the statutory requirements for copyright protection and determined that it does. But there are still some unanswered questions. For example, if I wanted to create and sell a pattern with instructions on how to make my original quilt, would that also be protected under copyright law? And, if so, what might infringe?
On March 26, 2021, the Second Circuit ruled that a decades-old series of prints created by Andy Warhol depicting music legend Prince infringed the copyrighted photograph by Lynn Goldsmith on which the series was based. Warhol’s series of prints takes Goldsmith’s traditional, black and white portrait of the singer and superimposes it with his signature pop art stylization. Goldsmith did not find out that Warhol had used her image until Prince died in 2016. The court’s decision overturned a district court ruling which declared Warhol’s works legal under the fair use doctrine. But what exactly is the fair use doctrine, and why was it so important in this case? Let’s find out.
Continue reading “Fair Use Flop: Understanding The Second Circuit’s Decision in Warhol v. Goldsmith”
If you know me, you know that I love quilting. Something about taking all these tiny, mismatched pieces of fabric and joining them into a cozy blanket is more than a hobby. It is an expression of love.
Before taking an intellectual property (IP) course this past fall, I assumed trademarks only applied to brand slogans. I did not realize that trademarks could apply to physical products, too.
Now that I have taken various IP courses and participated in the IP Moot Court team, I see trademark protection everywhere. This made me wonder: can a commonplace item, like an applicator for a tampon, receive trade dress protection?
Before jumping into that answer, let’s first explain what a trade dress is.
Continue reading “Trade Dress: Can A Tampon Applicator Get Trademark Protection?”
