Chalk holder that looks like a pencil a four time loser at the Federal Circuit

Lanard Toys v Dolgencorp, Appeal No. 2019-1781, Fed. Cir. May 14, 2020 Lanard Toys makes and sells the “Lanard Chalk Pencil”, a chalk holder that looks like a pencil.  Lanard obtained Design patent D671,167 directed to the ornamental features of the chalk holder, and also owns copyright Reg. Va 1-794-458.  Lanard began selling their Chalk […]

SCOTUS holds that annotations are not copyrightable

So, those that are charged with following the law actually get to have access to it.  Georgia v Public Resource

Come as you are – so long as you aren’t wearing a t-shirt that infringes my logo

Nirana’s lawsuit for copyright and trademark infringement against Marc Jacobs International LLC (and others) has been allowed to continue.  On November 8, 2019, a Federal Judge denied defendant’s motion to dismiss the claims, regarding Nirvana’s “smiley face” logo, created by Kurt Cobain in 1991.  Nirvana v Marc Jacobs The Court conducted a review of defendant’s […]

Work for hire agreements must be entered into before the commissioned work is created

In very limited circumstances, a series of writings executed after creation will be effective, but the writings must confirm a prior agreement, either implicit or explicit, reached before the work was created. Kauffman v Rochester Institute of Technology