1. Homemade Inventions Deserve Patents, Too

    In my many encounters with inventors around the country, I find that many believe that patents may only be issued for completely new inventions. However, U.S. patent law does not require that a new product or process to resemble something from a science fiction movie; a useful modification or improvement of an existing device or process may also be worthy of patent protection. A patentable device …Read More

  2. Got Rights? A Jenner or Kardashian Will Probably Infringe Them

    I really thought I wouldn’t be writing about this again. I thought that Kylie Jenner and her sisters would hire and listen to knowledgeable and competent trademark and copyright attorneys for their future business endeavors, after: Kylie Jenner infringed several of multi-platinum singer Kylie Minogue's trademarks; and, then she and her sister, Kendal Jenner, infringed copyrights and rights of pu…Read More

  3. “The Slants” Win the Supreme Court Battle Against the Patent and Trademark Office

    Seven years ago, the Asian-American Rock Band from Oregon started an application to register their name, “The Slants” as a Trademark. The USPTO, who didn’t seem to appreciate the irony of this name rejected the registration based on the Lanham Act. According to the national office, an Asian-American Band using “The Slants” to identify themselves is Racially disparaging to the Asian commu…Read More

  4. Importance of “Boilerplate” Terms in Contracts

    The term “boilerplate” in contracts is often used to refer to miscellaneous terms and provisions, which don’t concern the main terms and conditions of the agreement.  For that reason, boilerplate provisions are often ignored or given short shrift by parties to contracts.  This is a mistake because boilerplate terms can be critical to resolution of disputes relating to the underlying contra…Read More

  5. What’s in A Name? Everything If Your Name Is Kylie Jenner

    We’re saturated with Kylie Jenner.  She has celebrity.  She’s all over reality TV as a Kardashian adjunct.  She regularly graces the covers of tabloids.  She has tens of millions of followers as a social media icon.  She has a burgeoning career as a fashionista, either selling or planning to sell clothing, cosmetics and accessories. What she doesn’t have is trademark rights in her name.…Read More