Trademark Law and the Brilliance of “Dumb Starbucks”

A typical comedian would not devote an episode of his TV show to issues of trademark law, but Nathan Fielder is not a typical comedian. Most people in the U.S. familiar with the Canadian comedian’s work know him primarily from his Comedy Central TV show, “Nathan for You.” With his deadpan humor and impeccable delivery, it is hard to understand why Fielder is not more widely known. However, his relative obscurity lends itself.. Read More

California’s Strange New Age Law

Have you ever been watching a television show or movie with characters supposedly of high-school age—think Gossip Girl, Mean Girls, Greece—and then been shocked to discover that the actors portraying these characters were significantly older than their on-screen portrayals? Finding out an actor’s age has become as simple as a brief search on a smartphone, most easily on the Internet Movie Database (“IMDb”). For reference, Leighton Meester was 21 when she started playing.. Read More

Akamai and Divided Infringement of Method Claims

In August of 2015, the federal circuit met en banc in Akamai v. Limelight to settle a long-standing issue: When multiple parties perform all the steps to a patented method, but no one party performs every step, when is the patent infringed, and by whom? The decision they handed down set a new standard for divided infringement defenses. Like any legal standard, the details would need to be fleshed out by subsequent litigation.. Read More