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Rick Mescher

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Google v. Oracle: Use of copyrightable computer code is a fair use

In a highly awaited software copyright decision, the U.S. Supreme Court recently held that Google LLC’s copying of Oracle’s Java application programming interface (API) is a fair use as a matter of law. Java is a programming language and computing platform originally developed by Sun Microsystems, Inc., which was acquired by Oracle America, Inc. in … Continue Reading

Kawhi Leonard v. Nike, Inc.: Copy, derivative work or distinct work?

On July 17, 2019, Nike, Inc. (Nike) filed its Answer and Counter Claims in response to the complaint previously filed by Kawhi Leonard, now of the Los Angeles Clippers. Read about the complaint in our previous post, Kawhi Leonard v. Nike Inc.: How copyrights can trump trademarks? In its Answer, Nike asks for a declaration that … Continue Reading

A “Boost” for copyright protection in the fashion industry: Kanye’s Yeezy sneakers to receive copyright registrations

On May 8, 2019, the Review Board of the U. S. Copyright Office issued a decision stating that Yeezy 350 Boost Version 1 and Yeezy 350 Boost Version 2 sneakers each include copyrightable subject matter. The Adidas Yeezy sneakers are a collaboration between Adidas AG and Kanye West which has been wildly popular and as … Continue Reading

Expiration of Amazon’s 1-Click patent: Are you preparing for the single click world?

About two decades ago, Amazon.com, Inc. revolutionized e-commerce transactions with the innovation of single click buying. Single click buying is a checkout process that enables customers to bypass the shopping cart to make an online purchase with a single click based on payment and shipping information previously provided by the customer. Amazon received U.S. Patent … Continue Reading

Takedown of counterfeit goods in China

The elimination of counterfeit goods from online marketplaces in China continues to improve due to support from the Chinese government, changing laws in China which can impose liability on online marketplaces for infringement of intellectual property rights (IPR) and continued pressure from manufactures from around the world. The Alibaba Group, owner of some of the … Continue Reading

Timely filing of patent applications: Lessons learned from Michael Jackson and Smooth Criminal

The U.S. Patent Act provides that an inventor is barred from obtaining patent rights for an invention, and the invention goes into the public domain, when a patent application is not filed within one year of certain activities of the inventor that make the invention available to the public. This is often referred to as … Continue Reading

Update on patent trolls

The America Invents Act (AIA), which became fully implemented March 16, 2013, revised U.S. patent law but included few reforms directed to curbing Non-Practicing Entity (NPE) or “patent troll” activity. Thus, not surprisingly, patent troll activity has continued at an alarming rate during the early months of 2013. Summarized below are the recent activities of … Continue Reading

Michael Jordan Shoots in China

Remember to register transliterations as well as English versions of your trademarks in China and elsewhere.  NBA legend Michael Jordan initiated a suit in China alleging the unauthorized use of  his name by a Chinese sportswear and footwear manufacturer.  Michael Jordan became a worldwide basketball star in the 1980s and 1990s.  Qiaodan Sports Company Ltd., … Continue Reading

Is Patent Reform Finally On Its Way?

There was much excitement when the U.S. Senate overwhelmingly passed (95–5) the America Invents Act (formerly titled the Patent Reform Act of 2011) (S.23 or AIA), on March 8, 2011. The America Invents Act  This legislation represents a major patent reform initiative that has been under congressional debate for at least six years and is … Continue Reading
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