Trademark Trivia: Which of the following trademarks has NOT become (legally) generic?
a. Velcro
b. Escalator
c. Yo-Yo
d. Thermos
a. Velcro
b. Escalator
c. Yo-Yo
d. Thermos
I will never forget the first time I heard it. It was in an information session hosted by my high school’s college counseling department. The college counselor was talking about finding the “right school for you” by evaluating criteria like school size and location. He suggested, for example, if we liked the big, midwestern feeling of the University of Michigan campus, that we also consider visiting the University of Iowa or Ohio State University. And then it happened. He stopped, and with a wry smile said, “oh I’m sorry, THE Ohio State University.” I didn’t end up attending OSU, as I chose the University of Wisconsin instead, but that memory resurfaced this summer after it was announced that OSU had decided to attempt to trademark the word “the.”
Continue reading “THE Ohio State University and THAT Trademark Application”
Trolls are bad. They are bad characters in folk tales. There are also bad internet and social media trolls. Patent trolls join this club. But, what exactly are patent trolls and why have they attracted the attention of the Electronic Frontier Foundation and NPR shows such as This American Life, as well All Tech Considered? That’s what I’m here to tell you about – as well as how to possibly stop/limit patent trolls.
Continue reading “Tolls on Trolls: Can State Laws Stop Patent Trolls?”
Having a trademark may provide business owners protection to create a unique brand for their company, but at what cost? Having and maintaining a trademark comes with financial burdens that may create a roadblock for entrepreneurs looking to build their brand.
Rising drug prices have led to major issues with providing broad access to medicine around the world. While these issues receive significant media attention, it is important to understand fully why these problems exist in order to come up with real solutions. My perspective is shaped in large part by my background as a scientist. As a researcher, I viewed the issue purely through a scientific lens. I was focused on how to improve the drug development process through the technologies we were creating. However, I realized that there were also legal issues constraining technology development that spurred my interest in attending law school to pursue a career in patent law. As a first-year law student, my perspective has already broadened. I now know about legal barriers that can inhibit the impact of those technologies on global access to improved and cheaper medicine.
Continue reading “An Evolving View on Access to Affordable Medicine”
Looking for a way to illicit immediate shock and interest from consumers? Why not have one of America’s most fascinating swear words be related to your product or business? A Los Angeles-based clothing company founded by designer Erik Brunetti uses the infamous brand name “FUCT.”
Continue reading “Colorful Vocabulary As A Topic In The Supreme Court”
Continue reading “You Want Me to What? Realities of Being an “IP” Law Clerk”
A. The smell of Play-Doh
B. Harry Potter’s Marauder’s Map password, “I solemnly swear I’m up to no good”
C. The basketball sensation around Jeremy Lin, “Linsanity”
D. Paris Hilton’s catchphrase, “that’s hot”
Justin Taylor is a third-year law student at Loyola University Chicago School of Law, who will soon be graduating with his Juris Doctor. He has a job lined up in New York City at Hughes Hubbard & Reed (HHR), a large law firm that can be considered part of “Big Law.” During his time at Loyola, Justin has served on the Moot Court Board as the In-House Competition Director, in addition to being a member of the Saul Lefkowitz Moot Court Team, which focuses on issues in trademark and unfair competition law. Justin is an Associate Blogger for IP Bytes and is a member of Loyola’s chapter of the Black Law Students Association and former President of the Intellectual Property Law Society. Like me, Justin came to Loyola with a bachelor’s of science degree in neuroscience, having studied the structure and function of the nervous system and brain. We recently sat down to talk about his background, his legal career, and his best pieces of advice for current and prospective law students. Continue reading “From Brain Injuries to Big Law: An Interview with Justin Taylor”
IP Here, IP There…IP Everywhere
IP is everywhere and affects everyone. This principle was reinforced when I took Intellectual Property Law with Professor Ho during the Fall 2018 semester. We regularly had examples in class regarding the many ways IP intersects with everyday life, even including a copyright infringement case involving Kanye West. There were more examples at the end of the semester when students presented real and/or realistic applications of IP law. I especially enjoyed working on my final presentation with Jessica Fenton involving a local mom-and-pop donut shop called “Dunk Donuts.” If you’re thinking that sounds like Dunkin’ Donuts, so were we—and wondering whether this Oak Park donut shop might be liable to the national donut chain.
Continue reading “A Tale of Two Donut Shops: “Dunking” Into Trademark Troubles”