A Troll’s Refuge

Everyone is familiar with the phenomenon that is trolling and the ubiquitous troll face. Equally as familiar in the public conscious is the concept of the “patent troll,” a term that has been affirmed by the late, great Justice Scalia in Commil USA, LLC v. Cisco. The term has even been brought to the masses through the venerable learning mechanism of comedy via John Oliver. In a nutshell, patent trolls first obtain rights.. Read More

Comedian John Oliver Rides ‘Drumpf’ Wave to the USPTO

Donald Trump isn’t the only one filing trademarks in the hopes of capturing this election cycle’s headlines. Comedian and “Last Week Tonight” host John Oliver recently amassed a great deal of news coverage and social media shares with his satirically scathing twenty-one-minute segment on Trump’s presidential bid. Oliver concluded the segment by reviving Trump’s apparent ancestral name, Drumpf, and mobilizing his young, Internet-savvy following to spread the ‘truth’ on Trump. Oliver pulled out.. Read More

Fashion Copyright and the Muddling of the Useful Articles Doctrine

“The law in this area is a mess—and it has been for a long time.” Such was the dissent’s blunt assessment of the state of copyright law as applied to garment design in Varsity Brands v. Star Athletica, a recent 6th Circuit case dealing with the copyrightability of the patterns on cheerleader uniforms. With respect to its eligibility for protection under copyright law, and in contrast to the much broader protections available under.. Read More