Every kid in the world at some point in their lives has probably dreamt of inventing something or creating a brand–and making millions off their creative genius. I know I have. While I regret to inform you that I am neither a millionaire nor the next Steve Jobs (yet!), I’ve dabbled in many areas of intellectual property, which ultimately led me down the path to IP law. Continue reading “My Creative Journey Towards IP Law”
“They have law for patents?” I asked my friend. He was telling me about his new job as a legal assistant in a patent law firm. Little did I know, patent law would play a significant role in the start of my legal career.
When you think about networking, what comes to mind? Are you dripping in sweat and filled with dread? Or are you reciting every line from your resumé and searching for every possible question to ask?
She graduated from Cornell College in Iowa with a Bachelor of Arts in Biology and a minor in Religion before attending Loyola University Chicago School of Law. While at Loyola, she competed on the National Health Law Moot Court Team and the Appellate Lawyers Association Moot Court Team. She wrote for the Annals of Health Law and Journal of Regulatory Compliance. Sarah externed at Shirley Ryan AbilityLab and clerked for the Honorable Judge Neil Hartigan in the Court of Claims. She was also a research assistant for Professor Cynthia Ho, who mentored Sarah during her time at Loyola after connecting during a prospective student tour. Sarah then went onto take all of Professor Ho’s IP courses in addition to completing the Advocacy and Health Law certificates. She was also a member of IP Bytes.
We recently spoke about her background, her Loyola experiences, and how IP has influenced her legal career.
Before coming to law school, I only had a vague understanding of what the public domain was. Mostly, it seemed like a phrase people would throw around when describing music that was insanely old. However, a few of my friends make music in their spare time and seeing how they used music they found within the public domain” helped me understand its importance and how it functions.
Using the internet, my friend would find songs that were in the public domain. He would slice and dice particular sections from them. He would then add the sounds into his own sound mix, often changing the pitch and adding effects as he went along. The final product would sound unrecognizable, and usually really cool. (If you want an example of how musicians do this, this link offers some excellent examples of how to use public domain music. It also has a sound example that shows the unique sound a sample creates).
If you know me, you know that I love quilting. Something about taking all these tiny, mismatched pieces of fabric and joining them into a cozy blanket is more than a hobby. It is an expression of love.
Before taking an intellectual property (IP) course this past fall, I assumed trademarks only applied to brand slogans. I did not realize that trademarks could apply to physical products, too.
Now that I have taken various IP courses and participated in the IP Moot Court team, I see trademark protection everywhere. This made me wonder: can a commonplace item, like an applicator for a tampon, receive trade dress protection?
Before jumping into that answer, let’s first explain what a trade dress is.
My favorite Saturday college pastime was teaching kids about everything from ozobots to farm automation to the Polar Virtual Reality Exhibit. I taught at the University of Wisconsin-Madison’s Discovery Building, a place where students and their families can explore science, technology, engineering, and math concepts through fun activities. The Discovery Building also houses the Morgridge Institute for Research, a private, nonprofit research institute dedicated to biology studies and interdisciplinary biomedical research. That is where I first discovered intellectual property (IP) law as a career path. How? By seeing its application in the lab!
I love board games and have been playing a lot of Settlers of Catan online during the pandemic. I use a site called colonist.io, which is an offshoot, unaffiliated version of the Settlers of Catan game. During my Intellectual Property (IP) class with Professor Ho earlier this year, I wondered how IP rights extend to board games. When we tend to think of IP, we might think of cool technological inventions for patents or Disney’s Mickey Mouse for copyright. IP generally relates to protecting human created products, names, and expressions, and can give its owner rights to protect these.
Thousands of people have taken to the streets, amid the COVID-19 pandemic, to demand justice and equal treatment for Black Americans after the murder of George Floyd. Throughout these protests, the slogan “Black Lives Matter” is often used by those condemning the treatment of Black Americans at the hands of police officers around the country. Is this phrase a trademark, and if it is, who owns it? Do trademark principles allow the Black Lives Matter Foundation, an entity associated with the movement, to have a trademark in phrases such as “Black Lives Matter” so that they can prevent other entities from commercially profiting from using it?
Let’s start by discussing some trademark principles.