Putting the Ball in Their Court, and Mine: Sports and Intellectual Property Law

Connecting a Love of Sports to a Love of Intellectual Property Law

Sports have always played a significant role in my life, shaping my personal identity and relationships along with my professional pursuits in intellectual property law. Before discussing how sports sparked my interest in practicing intellectual property, I want to share how my love for sports began. Playing soccer connected me to my community and taught me perseverance. Watching Manchester United kept me in touch with my European family and built a stronger relationship with my Nana. I found pride in being a student at the athletic powerhouse of the University of Georgia and, during my senior year, got to experience the feeling when your team wins a championship. My freshman-year roommate, a die-hard Chicago Bears fan, sparked my Bears fandom as we watched the team every football weekend. Since I have always been captured by sports’ power to unite communities, countries, and even the world, I knew I wanted sports to remain a meaningful part of my life.

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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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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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The Unspoken Strength of Loyola’s Intellectual Property Program

The first thing my law school classmates asked when I shared that I had a science undergraduate degree was – “Oh, so are you thinking of IP law?”

Surprisingly, I did not even know much about Intellectual Property (IP) law until I came to Loyola. When applying to law school, I heard about Loyola’s prestigious health law program and decided, prematurely, that that’s what I would do. It seemed like the best of both worlds with my background – healthcare in a legal setting. However, it was not until I started 1L that I realized (1) how my true interest is in IP (and specifically patent law!) and (2) how great the IP program is at Loyola.
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A Jack of All Trade(marks, patents & copyrights)s: An Interview with Monika Malek

Monika Malek is an associate in Vedder Price’s Chicago office and a member of the firm’s Intellectual Property (IP) group. She maintains a broad practice spanning trademark, copyright and patent litigation, prosecution (writing and filing a patent), enforcement (monitoring for potential infringement or enforcing an owner’s rights) and portfolio management (advising on business strategies associated with a patent). Prior to joining Vedder Price, she was an associate at a boutique law firm where she worked closely with clients on litigation and transactional matters involving a wide range of IP issues. She earned her law degree from Loyola University Chicago School of Law and her undergraduate degree in Biology from the University of Minnesota, Twin Cities. While in law school, she was awarded Loyola’s Laura Terlizzi Scholarship, given to a female student intending to practice intellectual property law, and three CALI Awards for the highest grade in Copyright, IP Advocacy, and IP Colloquium. She also researched issues related to drug patents in domestic and international contexts as a research assistant to Professor Ho.
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