Navigating the Crossroads: A Journey from Blueprints to Briefs

Embarking on the path of higher education is often a journey filled with twists, turns, and unexpected discoveries. As an engineering undergraduate, my passion for problem-solving and innovation led me down a familiar road of equations and design principles. However, it was during my last semester of undergrad that I stumbled upon a new realm of knowledge that would reshape my understanding of creativity and innovation – intellectual property law (IP).

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Transforming Challenges Into Opportunities: My Journey Into Intellectual Property Law

Epilepsy: a life-altering word. Time stood still as the doctor gave me her diagnosis. My knuckles whitened as my grip tightened on the armchair. After years of not knowing the root cause of my health issues, I now had an answer. My diagnosis changed the trajectory of my life as I knew it. This pivotal moment separated my life into a “before” and an “after.” The love for math and science from my “before” life melded into a passion for navigating the landscape of innovation and technology. This passion defined my “after” life, and eventually propelled me into intellectual property law. But, let me start at the beginning with the “before.”

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The Driving Force of Formula 1: Trade Secrets

My fascination for motorsports skyrocketed since attending my first NASCAR race last summer. So naturally, I discovered Formula 1 (F1), a similar motorsport. F1 is the highest level of open-wheel-single-seater auto racing sport. Most importantly, F1 is known for pushing the boundaries of technology and engineering.

Although F1 generally did not captivate me as much as NASCAR, the F1 intellectual property (“IP”) dramas involving trade secrets got my attention. First, I will explain why there is trade secret drama to begin with, and not a different type of IP drama. Then, I will cover some trade secret fundamentals. And, of course, I will share the trade secret drama that inspired this post: Spygate.

So, hold on to your seats as we go on this ride!

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My Ride to IP at Loyola

My first exposure to intellectual property (IP) unexpectedly started with t-shirts. If you asked me five years ago if it is easy to get approval for a phrase on a t-shirt, I probably would’ve said yes. However, now I know it can sometimes be anything but easy. In college, I was the President of Notre Dame’s (ND) Equestrian Team. To raise funds for the club, my fellow officers and I wanted to stamp “Ride Like a Champion Today” on t-shirts and sell them. We based this slogan off the “Play Like a Champion Today” phrase commonly used for ND Football. Expecting it to be a simple and quick process like our other t-shirt fund-raising campaigns, we sent in our mock-up for approval, but the athletics department answered with a resounding NO. What!?

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Patent Enablement – For the Greater Good of the General Public

Patent law is often thought to incentivize and benefit inventors. Patent holders have exclusive rights restricting others from making, using, selling, offering to sell, and importing into the U.S. their patented invention. However, the constitutional clause founding patent law aims to benefit the greater public by promoting the progress of science and useful arts. One of the ways patent law helps promote the progress of science is through the Enablement Requirement.

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Trendy Dupes and Hypothetical Trade Dress Disputes

Rise of the Dupes

With trends coming and going so fast, most people cannot possibly keep up. However, that does not stop the desire to keep up with them. It is very costly for consumers to keep up with ever-changing products. So, consumers are now opting for “dupes.” For example, consumers frequently opt for #lululemondupes to get the same look as the Canadian brand of leggings and athleisure but for a much lower cost.

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Importing Pez, Dispensing Trademark Infringement

In 2022, Netflix released a quirky true crime documentary, called The Pez Outlaw, detailing the passionate rivalry between the president of PEZ USA (“the Pezident”) and Steve Glew, a Pez collector who brought thousands of Pez dispensers into the US illegally. The film follows the heartfelt story of Glew, aka the “Pez Outlaw,” whose candy smuggling adventures introduce its audience to issues of IP liability, … Continue reading Importing Pez, Dispensing Trademark Infringement

Palatable Patents

Did you know that many of the food products you see on the shelf at the grocery store are patented?

Utility patents are granted by the United States Patent and Trademark Office (USPTO) for useful “inventions” that are new and nonobvious. The owner of a utility patent has the right to exclude others from making, selling, offering to sell, using, or importing the patented invention for a set period of time—usually around 17 years.

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