Dragons, White Walkers and AI, oh my!

If you are a big Game of Thrones or fanfiction lover, buckle up! From one (legal) battlefront to the other, OpenAI has been under fire recently for the development of their artificial intelligence (AI) computer program ChatGPT. The Authors Guild and 17 individual authors (“Authors”), including “Game of Thrones” novelist George R.R. Martin, filed a lawsuit in September 2023, against Open AI for copyright infringement.

But before we dive into that, let’s cover the basics of ChatGPT.
Continue reading “Winter is Coming for OpenAI: What Constitutes Fair Use by ChatGPT?”

With winter (or Abuelita season) approaching, Chocolate Abuelita (a classic Mexican hot chocolate) is at the top of many Mexican minds. However, this time, the thought comes with a bit of uncertainty. This summer, a trademark infringement lawsuit between Nestlé USA and Ultra Mundiales, a Mexico-based distributor, took over Mexican Instagram and TikTok.

Continue reading “A Trademark Telenovela: Nestlé USA Fights to Keep Mexican Classics Off the Shelves”

An Examination and Interview Conversation on Today’s Patent Gender Gap

Patented products are versatile and diverse. They have the capacity to revolutionize, take the 3D printer. They can entertain adults and children, cue the Rubik’s Cube. And they can make us scratch our heads, like this 1876 mustache guard.

Lots of things that we use in daily life are patented. Patents give inventors rights over their invention. These rights include: the right to exclude others from making, using, offering for sale, importing into the U.S., and selling that specific invention. A patent is like a reward from the U.S. Patent and Trademark Office given to inventors with new and useful inventions.
Continue reading “Girls Just Want to Have Patent Rights”

So, you had an idea – a good one.  

It’s new! (Nobody has disclosed it to the public before, and you haven’t either, except within a certain time frame.)

It’s useful! (It’s not just theoretical; it does something in real life.)

It’s non-obvious! (It’s something more than a simple derivative combination of existing components.)

It’s patentable subject matter! (It’s a process, a machine, an article of manufacture, or a composition of matter.)
Continue reading “Fair, Accessible Patent Protection for the Modern Inventor”

A Massive Lawsuit Threatening the Reggaeton Genre

In 1989, Jamaican reggae duo Steely & Clevie released “Fish Market.” Since reggae first hit the music scene in the late 1960’s, the genre was still highly impressionable. Soon after release, it became known as the first example of a “dembow” rhythm  – a sub-genre of reggae music distinguished by constant rhythm and faster beats per minute . The main element of Dembow is its riddim, a Jamaican term for rhythm which tends to be simple and repetitive.
Continue reading “Is a Rhythm Copyrightable? Bad Bunny’s Unique Defense to Copyright Infringement”

Have you ever marveled at the latest gadgets or innovations, wondering about the creators behind them? Have you ever wondered if there was a lucrative path where you could expand your technical knowledge without being stuck in a lab or computer room for days? As a former computer science student that dreaded an impending programming career, I certainly have. Luckily, there’s a fascinating world out there, beyond labs, research, and programming, where I learned I could have a significant impact with my science background: the world of patent prosecution.
Continue reading “Discovering the World of Patent Prosecution: Where Science Meets Law!”

Silicon Valley, located in the San Francisco Bay Area, is well known as the global center for innovation and technology. Given this reputation, it's no surprise that numerous different tech companies and startups call this place home – companies like Apple, Google, and Meta, just to name a few.
Continue reading “Whistleblowers and Trade Secrets: A Theranos Case Study”

As the fashion world winds down from a season of fashion weeks in New York, Milan, Paris, and Los Angeles, buzz around new designs and creators is at a high. People are reflecting on what ensembles graced the catwalk and studying which ones garnered a nod from Anna Wintour. If you sadly didn’t receive an invite to a show, never fear, because the looks are certainly gracing the internet.
Continue reading “Make It Work!: Fitting Trademark Law into the World of Metaverse Fashion”

Trader Joe’s, the well-loved grocery chain filed suit against Trader Joe, a crypto exchange website, on October 5. The grocer is suing for a variety of federal trademark claims based on its word mark Trader Joe’s that is very similar to the name of the cyrpto exchange company as well as its domain name.  

Continue reading “Oh No, Trader Joe!”