Better read fast because as Ricky Bobby once said, ‘If you ain’t first, you’re last.’
If you breathed the same air as me this summer, you probably know I became a huge NASCAR fan. After hearing the first car roar on Michigan Avenue (even before walking into the Chicago Street Race), NASCAR earned my allegiance. So lucky you, you get to read about it too, haha! However, this time, with a recently acquired trademark lens. Continue reading “Tracks to Trademarks”
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.
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.
As I attempt my first blog post for IP Bytes, I am reminded of the overwhelming sense of apprehension I feel every time I sit down to write. What if I don’t choose the right words? What if I bore my audience? Will I look back at this post as a seasoned 3L and cringe at my first attempt at blogging? These questions taunt me as I begin to write.
I still remember my first sparring match vividly. It was a 3-minute practice combat session in my childhood martial arts class. I practiced techniques, learned the rules, and prepared myself for controlled combat with a partner. I instantly fell in love with the competitive spirit of sparring. Recently, I was reminded of that spirit when I discovered patent litigation as a law clerk.
The Legend of Zelda is a Nintendo video game series centered around protagonist Link. One of the newer installments of the series, Breath of the Wild, has won several awards in the gaming industry. But, what in the world does the Legend of Zelda have to do with patent law?
I have always been easily overwhelmed with multiple options when making an important decision. When deciding where to go to law school, the important decision-making process regarding my education was downright terrifying – at first. After obtaining my bachelor’s in biology at the University of Cincinnati I worked in oncology clinical research for two years. This experience provided me with the certainty that I had the desire to pursue a legal career in the field of intellectual property (“IP”). I found myself drawn toward IP. It felt like the perfect mix between science and law. IP presented me with a unique opportunity to continue to explore my interest in STEM from a different perspective. After taking the LSAT, I began my school search. Contrary to my previous difficulties with decision-making, I quickly discerned that Loyola University Chicago School of Law (“Loyola”) was the best fit for me to launch my career in IP.
Ever since I stowed away Wheeljack in my backpack and took him to summer school, I had been determined to provide him with additional Transformers companions. While he was essentially a plastic toy, there was no doubt in my mind that I wanted to collect more.