Intellectual Property

A Swift Dismissal

The complaint has got problems. The court don’t think he can solve ’em.


Ideas Too Good to Patent

Tom Giesler’s new book depicts inventions the world might be able to do without but really shouldn’t have to.



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…




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…