If speech makes people uncomfortable, should it be restricted? Would such a restriction be a violation of First Amendment law? Florida Governor Ron DeSantis’s Individual Freedom Act (IFA), also known as the “Stop WOKE Act,” provoked these questions with its enactment...
Marks Gray P.A.
How Constructive Notice of a Patent is Established
This week, we are taking a diversion from copyrights and trademarks to the world of patents. We will talk about one of the simplest and most practical measures you can take once a patent is issued for a product of your business: constructive notice. The Importance...
AI – Artist or Paintbrush?
Taking first place in digital fine arts at the 2022 Colorado State Fair was a piece named "Théâtre D'opéra Spatial." The artist, Jason Allen, garnered a lot of attention when, after winning, he revealed how the piece came to be: He used an artificial intelligence (or...
TTAB Dismisses Claim Pitting HUNGR against HUNGRY Due to False Evidence and Spoliation
What happens when rival food ordering application software uses similar names? In the case of Rapid, Inc. and Hungry Marketplace, Inc., the former sues the latter over using a mark they argued would cause a “likelihood of confusion” with their existing mark. With...
Christmas in August: Lawsuit Brought Against Mariah Carey
When an individual artist achieves a certain level of material success and fame, the Piece of the Pie Effect can occur: Smaller artists try to obtain credit and compensation for their part in the success. This is often achieved through intellectual property means. ...
IP vs. First Amendment: Vans Sues for Trademark Infringement Over “Wavy Baby” Sneakers
In the most recent chapter of a suit brought by Vans against MSCHF – which labels itself as more of an “art collective” than a “company” – and collaborator Tyga, rapper and shoe designer, MSCHF is claiming that their very-similar-to-Vans shoes are protected by the...
How a Design Patent Infringement Case Works
Welcome to part two of our two-part series on design patents. In the first part, we covered what a design patent is, what they protect, the increase in design patents over the past several decades, and a few specifics regarding how they work. Below, we are going to...
Understanding the Basics of Design Patents
Design patents can be a useful and valuable tool when seeking to protect a new and original ornamental design. This is part one of a two-part series that will delve into the basics to help you in understanding design patents. In this first part, we will focus on what...