In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss “mashups.” In the second episode of this two-part series, they discuss the trademark aspects of this case. Continue Reading The Briefing by the IP Law Blog: Dr Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)

In Thaler v. Commissioner of Patents, case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection.

The case involved a patent application from Dr. Stephen Thaler, a researcher who runs a Missouri company called Imagination Engines. An artificial intelligence system, which has been described as a device for the autonomous bootstrapping of unified sentience (DABUS), was named as the inventor by Dr. Thaler. DABUS was the inventor of two inventions, a type of improved beverage container and a type of flashing beacon meant to be used in emergencies. Continue Reading Australian Judge Rules Inventions Developed by Artificial Intelligence Can Qualify for Patent Protection

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic. Continue Reading The Briefing by the IP Law Blog: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

In this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection. Continue Reading The Briefing by the IP Law Blog – Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

In December 2019, Scott Hervey wrote about the copyright infringement lawsuit filed against Taylor Swift by the writers of the song “Playas Gon’ Play.”  The song was released by the girl group 3LW in 2001 and included the lyrics “Playa, they gonna play / And haters, they gonna hate.”  In 2014, Taylor Swift released “Shake It Off,” which included the lyrics “Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate, hate, hate, hate.”

Continue Reading Taylor Swift Keeps Fighting the ‘Players’ and the ‘Haters’