patent pending

Can I Patent That?

Article I, Section 8, Clause 8, of the United States Constitution gives Congress the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” This single sentence helped make America the innovation capital of the...

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trademark and USPTO

New Administration and New Law for the USPTO

The Greek philosopher Heraclitus noted, “The only constant in life is change.” Right now, this could be the United States Patent and Trademark Office (USPTO) motto. In addition to getting new leaders, the USPTO has been tasked by Congress with updating some of its core functions. 

What New Leadership...
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Visual Artists Rights Act of 1990 (VARA)

Graffiti Earns Millions A staple of the New York City Skyline – well, maybe just an old warehouse building in Long Island City is torn down. Why does that matter – well the building featured graffiti art from hundreds of artists from all over the world representing over twenty years of artistic expression! All this...
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Drake Plays Fair (Use)

Although the music industry is always evolving with new music being created, many artists will look back to music of the past and incorporate it in their new works. Many artists, particularly in hip-hop and electronic often use pieces of music from older songs to reinvent them in their new songs. Whether this is...
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Don’t do the Crime if you Can’t Pay the Ten Billion Dimes

On Thursday December 19th, 2019, Cox Communications, Inc. (“Cox Communications”) was found liable for copyright infringement of over 10,000 recordings and compositions. Each individual infringement will cost them over $99,000 adding up to a one-billion-dollar verdict. Yes, that is $1,000,000,000.   The Lawsuit Itself This suit was brought by 53 music companies including...
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