From Lululemon to Loyola: Finding My Way to IP

My first experience with Intellectual Property (IP) was in a business law class that I took during my senior year of undergrad. We had new units every week, and I was introduced to the topics of trademarks, copyrights, and patents as they relate to businesses. These turned out to be my favorite units from the semester because I loved learning about the ways businesses use IP to protect their ideas and make money off them. I didn’t realize that brand names, logos, and even the way individual products are designed could all be protected by IP law. I really enjoyed learning about how IP intersects with a business’s ability to build their brand recognition.

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The Price Isn’t Right: Sen. Warren’s Antidote to Costly Medicine

When I tell you the cost of many medications in America is prohibitively expensive, you likely aren’t surprised. Access to medicine and drug costs has been a major topic of debate for a long time. Most recently, U.S. politicians and pharma industry leaders have stoked the fiery debate on healthcare costs in response to the National Institute of Health’s (NIH) rejection for a petition to grant march-in rights for a prostate cancer medication called, Xtandi®. To learn more about march-in rights and the recent concern over the drug, Xtandi®, read High Drug Prices: Meet Bayh-Dole.
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Literature Led Me to IP

English Major – Major problem?

I deserve an award for the number of times I was asked, “Oh, an English degree? What are you going to do with that?” Frankly, what won’t I do with that? The possibilities are endless. While the area of Intellectual Property seems to have a large demographic of STEM majors, my English major is how I stumbled upon my interest in IP.
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Wacky Patents

Although patent law may be perceived as a very serious and sophisticated practice, it can also be fun! Other than practicing at the intersection of technical and legal knowledge, patent law also provides protection for a number of suprising and unexpected inventions. For example, a method of exercising a cat was found to meet the requirements for patentability. It is a common misconception that patented inventions must be groundbreaking or scientifically complex. In fact, inventions are patentable, or capable of achieving patent protection from the United States Patent and Trademark Office (USPTO), despite their deceptive, bizarre, or menial purposes. In the United States, inventions are patentable if directed to patentable subject matter that is new, useful, nonobvious, and. But, you may be wondering, who evaluates whether these “wacky inventions” meet these requirements and how are the patents obtained?  Let me explain.

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Keeping Up With the (Alleged) Infringements

My Pop Culture Obsession

I must confess that I love pop culture. When there is a new sitcom or meme everyone is talking about, I have to see it. I love to be “in the know” and for me, Twitter (now known as “X”) has been my go-to platform for keeping up with trends. Little did I know that social media would be my first exposure to the world of intellectual property (“IP”).
In 2017, there was a viral incident where many Twitter users accused Kylie Jenner,of using aspects of PluggedNYC’s designs in her clothing launch. As a pop culture enthusiast, I read multiple Twitter threads where users suggested the business should sue Kylie Jenner for copyright infringement, a type of IP lawsuit.

To be honest, I was a bit confused and remained confused for years – how could this small business possibly sue over a clothing design? After my first year at Loyola University Chicago School of Law (“Loyola”), I now understand where those Twitter users got that idea.
But, before I explain what I’ve learned, let me backtrack to what sparked my interest in IP, since that is what led to me finding the answer during my first year of law school.
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High Drug Prices: Meet Bayh-Dole

Imagine this: you have just been diagnosed with cancer. The diagnosis is serious, and if untreated, will end your life. But good news – there is a lifesaving treatment available! It will just cost you $150,000 a year. Not only are you left with the emotional stress of a serious diagnosis, but now have the added financial stress of the unaffordable price tag that comes with the treatment. Is there anything that can be done to make the treatment more affordable? Continue reading “High Drug Prices: Meet Bayh-Dole”

What Could Cookies and Dresses Have in Common…? Trade Dress!

Picture this – you walk into a new bakery. The smells hit you from every direction. You see the different kinds of frosting oozing out of the glass case showing off all the new goodies. Where could you possibly be you might wonder… You’re at Crumbl Cookies! Crumbl is a new-ish national cookie franchise that sells its unique, freshly baked, rotating flavored cookies out of most big cities around the country. Emphasis on the *unique* part.

But, is it really unique? Crumbl discovered two cookie companies were trying to copy their packaging, logos, and rotating weekly ensemble of cookie flavors. As a result, Crumbl filed two  lawsuits against two of its competitors, Dirty Dough and Crave Cookies in May of 2022, alleging trademark and trade dress infringement.

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Is Disney Losing Mickey Mouse Because of Copyright Law?

When I first read the headline to this New York Times article, “Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property,” I thought that Mickey Mouse would soon lose its copyright and enter the public domain. If Mickey Mouse were to enter the public domain, artists could use Mickey without fear of a copyright infringement lawsuit. I learned from an IP survey course … Continue reading Is Disney Losing Mickey Mouse Because of Copyright Law?