So you have a great idea for a new business and have thought of the perfect name. But what if it turns out there’s a company who has already been using the same (or a similar) name to the one you’re planning on? Or perhaps you’ve registered a domain name that happens to be similar to another’s?
The good news is this isn’t necessarily a cause to change the name you loved. The bad news is there are a couple of claims that could be made against you depending on your circumstances.
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.
Continue reading “From Lululemon to Loyola: Finding My Way to IP”
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.
Continue reading “The Price Isn’t Right: Sen. Warren’s Antidote to Costly Medicine”
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.
Continue reading “Literature Led Me to IP”
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.
How did the daughter of an immigrant watchmaker from Mexico City end up as a law student at Loyola University Chicago School of Law fascinated by intellectual property law (IP)? She took a leap of faith and learned that timing is everything!
Continue reading “From Miami to Chicago: The Daughter of a Watchmaker Goes to Law School”
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”).
Continue reading “Keeping Up With the (Alleged) Infringements”
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”
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.
Continue reading “What Could Cookies and Dresses Have in Common…? Trade Dress!”
(Photo by Brands&People on Unsplash)
Do you ever notice your favorite athlete wearing his signature shoe when he appears in a soda commercial? Or do you wonder why every car in an insurance commercial is missing a logo?
Continue reading “A Peak Behind the Curtain of Licensing IP for Commercials”
