Upcoming CLE Conference – Trade Secrets: The New Frontier in a Changing IP Landscape

On December 3rd, JIPEL contributing author Adam Waks will be part of the faculty for the International Intellectual Property Institute-Bloomberg BNA CLE “Trade Secrets: The New Frontier in a Changing IP Landscape.” The conference will provide an overview of current trade secret law, the proposed Defend Trade Secrets Act of 2014, and strategies for creating policies and procedures that protect trade secrets. Waks will be presenting on trade secrets and employment in the current era, including:.. Read More

Cutting Costs: Tax Deductions for Artists

Under the Internal Revenue Code § 183, individuals or corporations cannot take deductions for activities if “such activity is not engaged in for profit.” The IRS does not want to provide a subsidy for people engaging in hobbies for their own enjoyment; deductions are meant to accurately reflect the costs that individuals and corporations incur in the course of doing business. But what does it mean to “engage in an activity for profit”?.. Read More

JIPEL Symposium

You finally got a gig as a standup comedian and your competitor stole your best joke? Your favorite chef created a new culinary masterpiece and a week later the restaurant down the street started serving the same thing? You heard on the news that Google is making millions of dollars off of Android even though it is based on Linux, an operating system notoriously fighting for free software? You bought a beautiful dress.. Read More

Start on a Good Foot: The Implications of Grooveshark’s Guilty Verdict

A recent Federal Court ruling has left the online streaming service Grooveshark in critical condition.  On September 29th, 2014, the Southern District of New York, in an opinion delivered by Judge Thomas P. Griesa, found the Florida-based company guilty of copyright infringement, concluding an action brought against it in joint suit by nine of the major record labels.  Damages are estimated to amount to anywhere in between 4 million and 840 million dollars,.. Read More

Linking to the Past: Week of October 13

WikiLeaks released another draft of the Trans-Pacific Partnership’s intellectual property chapter. As you might have guessed, many are displeased. Congratulations, European librarians! You can digitize your books without infringing copyrights. Access to the internet does not imply access to a given copyrighted work. Google Google: verbification isn’t enough to make a trademark generic. Be careful when aiming for “green” marks. Is it a retro sneaker, or is it a Chuck Taylor? And where.. Read More

Publicity Rights in Major College Sports Telecasts: To Whom Do They Belong?

“Whether Division I student-athletes hold any ownership rights in their athletic performances does not depend on the scope of broadcasters’ First Amendment rights but, rather, on whether the student-athletes themselves validly transferred their rights of publicity to another party.” – U.S. District Judge Claudia Wilken, Pre-Trial Ruling In Marshall v. ESPN, NCAA student-athletes are testing just how much clout Judge Wilkin’s words have. The suit, which is primarily a right of publicity claim.. Read More

A ®ose By Any Other Name

A successful trademark can provide more than just brand recognition or notoriety. In fact, Forbes reports that the 10 most valuable trademarks have a collective worth of over $300 billion. That figure is greater than the GDP of all but the 44 wealthiest countries in the world. Clearly that little ® can mean something, but as renowned economist Christopher Wallace notes, “more money regularly entails more problems.” Even the mere pursuit of the.. Read More

Linking to the Past: Week of September 29

Fresh off Eliza’s and Prof. Sprigman’s discussion of sampling, LMFAO argues that “Every day I’m shufflin’” constitutes fair use of Rick Ross’ “Every day I’m hustlin’.” Good luck trademarking McAnything. The TTAB is pretty sure you’ll just be confused for McDonald’s. UK copyright law finally allows for parody and pastiche of copyrighted material, so long as the judge likes it. (via IPKat) California state copyright law may give owners general performance rights for pre-1972.. Read More