The Southern District of New York recently issued an opinion that held the Internet Archive, an organization whose professed mission is to provide universal access to all knowledge, infringed plaintiffs’ copyrights when it scanned print copies of books and offered free digital copies to users of its website without the copyright owners’ permission. » Read More

Sometimes money alone is not enough to compensate an aggrieved party for certain wrongdoings. In these cases, courts may elect to award injunctive relief, a type of equitable remedy imposed to restrain a party from doing certain acts or to require a party to act in a specific manner. » Read More

Service of process is required when commencing a civil lawsuit because it informs and notifies a person or entity that it has been named in the lawsuit. If service of process does not take place or is shown to be deficient, the case cannot proceed, because the court will not have personal jurisdiction to enter a judgment against that party. » Read More

Last month, the United States Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled that only human beings may qualify as inventors of patentable inventions. See Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022). In the case at issue, computer scientist Stephen Thaler developed an artificial intelligence system for which he coined the name “DABUS” (“Device for Autonomous Bootstrapping of Unified Science”), and which is the “creativity machine” named as the sole inventor on patent applications for a food container and a light beacon. » Read More

Internet memes spread like wildfire online and capture the core essences of Internet culture. “Meme” is a broad term that generally includes any image, video, text, or other online content that is usually humorous or light-hearted and shared with slight modifications. » Read More

What is your go-to libation? A cold beer? A spiked seltzer? How about a mixed drink with your favorite spirit? Now that the “ready-to-drink” beverage industry is taking off, you no longer need a bartender to enjoy many of your favorite cocktails. » Read More

Delta-8 THC

The United States Court of Appeals for the Ninth Circuit recently shed light on the legal status of the hemp-derived cannabinoid known as delta-8 tetrahydrocannabinol (“delta-8 THC”) and its implications for cannabis brand owners. Delta-8 THC is a psychoactive compound typically manufactured from hemp-derived cannabidiol. » Read More

Trademark rights fall into two categories – common law and federally registered trademark rights. Even though you may not have consciously made this distinction, it is likely you have seen different trademark designations in the marketplace: ™ or ℠ and ®. » Read More

While trademark protection can extend to sounds and smells (e.g., U.S. Reg. No. 5,467,089 for the scent of Play-Doh), a trademark is typically a word or design, or a combination thereof, used to identify products and services and further utilized to distinguish those goods and services from those of competitors. » Read More

Earlier last week, Charles E. Entenmann of the storied baked goods company Entenmann’s passed away at the age of 92. Charles had a hand in turning his family’s New York-based bakery into a national brand after his grandfather, German immigrant William Entenmann, founded a bakery in Brooklyn in 1898. » Read More