Intellectual Property

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…


“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…


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…


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…


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…


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….


Copyright Office Weighs in on Monkey Pictures

In the draft of its new “Compendium,” the U.S. Copyright Office has stated that it will not register works created by animals. The “human authorship” requirement isn’t new, but the specific example of “[a] photograph taken by a monkey” is:…



U.S. Patent App. No. 20140159444: Airline Passenger Torture Device

The application calls it "Seating Device Comprising a Forward-Foldable Backrest," but I like my name better. The inventor describes the alleged motivation thusly (my annotations below): [T]o increase the number of cabin seats [and thus profit], the space allotted to…


After Bar Fight, Cubs Are Fed Up with Unofficial Mascot

The Sun-Times reports today that the Chicago Cubs are suing five people who have allegedly been posing as a Cubs mascot near Wrigley Field, engaging in "mascot-like activities" and trying to charge people for photos. They take turns doing this—I didn't…