Decoding IP Blog DecodingIP
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DecodingIP™ podcast covers intellectual property IP and technology topics, including patent, trademark, and copyright issues, and fun tech and pop culture IP issues making headlines. We don’t deliver canned, boring summaries of lawsuits or use confusing legalese. Instead, we explain what the intellectual property issues that are grabbing headlines mean for you and your business, in plain English.
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A Sad Day for Happy-Talk
In a highly anticipated ruling, the Supreme Court of the United States recently held that the disparagement clause of federal trademark law violates the First Amendment. This disparagement clause refused federal trademark registration for trademarks that are likely to disparage people, institutions, or beliefs. All eight participating justices agreed that trademarks are private, not government, […]
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RealDonaldTrump, Don’t Block Your Twitter Followers
Sometimes a President can’t always do what he wants. But tell that to the owner of the Twitter handle @RealDonaldTrump, who happens to also be the current President of the United States and a new government actor. Mr. Trump has created more controversy by using his personal Twitter handle to send out information relating to […]
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Social Media Influencers Get Fyre’d
The ill-fated Fyre Festival drew delighted mockery from Internet denizens earlier this month and continues to draw lawsuits against the organizers. Social media “influencers” played a huge role in convincing people to buy tickets to the event that never happened and they are not escaping legal action. At least one case has been filed against […]
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Who’s First in Trademark
In the United States, trademark rights generally go to the first to use a mark in commerce as opposed to the first to file a mark with the trademark office. But what does that really mean? A recent trademark dispute case, Nexsan v. EMC, made headlines because it seemed to turn that basic premise on […]
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Compulsory Licenses In The Digital Age
Are Internet streaming services cable systems under Section 111 of the Copyright Act and therefore entitled to retransmit broadcast television under the compulsory license scheme? Under Section 111, cable systems can rebroadcast traditional broadcast television content in exchange for paying a statutory license fee to the Copyright Office at the Library of Congress. After the […]
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Copyright and the Meaning of Art
The “Fearless Girl” statue sparked headlines around the world in March when it appeared opposite the famous “Charging Bull” statue at Manhattan’s Bowling Green. The statue, commissioned by State Street Global Advisors as an advertisement for its index fund of gender diverse companies, generated a fair amount of controversy. Among those upset about “Fearless Girl” […]