Intellectual Property


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Spider-Man Clings to Wall of Supreme Court

On Monday, the Supreme Court held in Kimble v. Marvel Entertainment that a patent holder can't charge royalties for using an invention after the patent term expires. More accurately, it established that rule in a 1964 case, and held Monday…




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NoYouCantWriteABriefLikeThisToGetAroundTheWordLimit

People sometimes ask where I find "all this stuff" as if there were a limited amount of such material. There is not. It is endless. The well is deep, my friends. Nay, do not seek the bottom, for it cannot…


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“Haulin’ Oats”? No Can Do

Early Bird Foods is not the first company to think it would be amusing to name an oats-based product "Haulin' Oats," so it should have known that doing this would be problematic. One of theirless-well-known marks As Rolling Stone reported…


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How Did That Taster’s Choice Case Turn Out?

I mentioned Christoff v. Nestlé the other day—you know, the case where the guy was surprised to see his face on the Taster's Choice coffee label and ended up getting $15 million for it—and someone wrote me to ask how…


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U.S. Pat. No. 8605152: Method for Filming a Yoga Class

"The yoga community went into uproar," says the Electronic Frontier Foundation, after companies that offer online fitness classes got letters from a competitor, YogaGlo, saying that it had applied for a patent on the "method and technique" involved. The method and…


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Guy Sues Legal System Again

Just the one in Illinois, at least for now. According to the Madison Record (thanks, Dave), Aaron Wemple has sued the Illinois State Bar Association and all of its members, alleging that … well, that it and they have done and/or are doing…


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U.S. Pat. No. 8,782,827: Infant Soothing Device

Via Improbable Research, here's the latest of what turns out to be a fairly large number of infant-soothing-device patents, or as the abstract describes it: A device to assuage distressed infants via an adjustable vertical motion combined with an adjustable orientation….