Many people associate brands with particular colors – if you think of Tiffany & Co., you think of its famous robins-egg blue boxes and branding; if you think of Barbie, you can see the bright pink that came with so many childhood toys. Not many people realize, however, that brands can trademark those colors and prevent others from using them. Continue Reading Corporations Can Own Colors – and They Can Sue You for Using “Their” Color

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark Infringement Lawsuit filed by the clothing brand RHODE NYC against Hailey Bieber’s new skincare line RHODE.

Continue Reading The Briefing by the IP Law Blog: NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? The Federal Circuit recently addressed this issue in Thaler v. Vidal. Continue Reading AI Systems May Invent, But Are They Inventors?

In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, and specifically on the Server Test. Considered one of the top copyright cases to watch, Hunley deals with the practice of “embedding” and its copyright implications.

Continue Reading The Briefing by the IP Law Blog: Is the Server Test Ready for a Reboot? (Video and Podcast)

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by the 9th Circuit in Perfect 10, Inc. v. Amazon.com Inc., now rejected by a number of courts.

Continue Reading Is The Server Test Ready for a Reboot?