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ARTICLES

016: The Three Types of Patents

In this episode, we discuss the three types of patents.

Lead-off Quote:

We think we have solved the mystery of creation. Maybe we should patent the universe and charge everyone royalties for their existence.
~Stephen Hawkings

A patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. 

The Three Types of Patent – Utility, Design, Plant

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A Harlem Shake Infringement

Originally posted 2013-03-12 20:55:56. By Tasha Schmidt | amdlawgroup.com Have you heard of the “Harlem Shake?” The “Harlem Shake” is more than just a really popular video. Voices being heard in the background of the viral Internet hit on “Harlem Shake,” have caused quite the uproar. One of the individual’s whose voice can be heard […]

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Preserving Originality in Branding through Trademark Protection

By Ozelle Martin | amdlawgroup.com
Originality is the cornerstone for building a formidable identity for a brand. Marketers, branding professionals, entrepreneurs and the like spend a great deal of time brain-storming the elements that would ensure that a brand is memorable and readily identifiable by its consumers and potential consumers. Furthermore, the originality of a brand’s identify is the greatest reputational asset that any business can possess and it must be preserved and protected.

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Fashion Inspiration: Will Smith

By Mercedes Joshua | amdlawgroup.com
Willard Carol “Will” Smith Jr. is an American actor, producer, and rapper. He has been an inspiration to young men since 1998 when he achieved fame as a rapper under the name “The Fresh Prince.” In 1990, his popularity increased dramatically when he starred in the popular television series “The Fresh Prince of Bel-Air.” Smith moved from television to film, and ultimately starred in numerous blockbuster films. From the very beginning, Will Smith has been very passionate about the work he does, whether its movies, music or producing.

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International Business Law – Case Study #1

“KDBM Publishing” (a fictitous name) is a publishing firm based in the United States that is looking to expand its business overseas. Searching for a new country to do business in, various problems arose as to deciding where to expand towards. Some countries had different labor and environmental standards, while others had higher printing costs. These are common issues that arise while doing business globally. However, there are legal mechanisms that work at making doing business abroad more copacetic and uniform.

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You Can’t Have My Blessing…Or The Music!

By Breanna Pendilton | amdlawgroup.com
Copyright law is founded upon the theory that it will promote and incentivize new works, while also giving credit to the originator.  But what happens when the owner of that work, will not share it?  Does that promote and incentivize new works?  Lifetime has recently announced its plans to make a biopic of the late singer Aaliyah, who died tragically in a plane crash at the age of 22 in 2001.  Her family, who was not contacted about the biopic, is not happy, and feels as if Aaliyah’s life was enough of a story to be told on the big screen.  But what can they really do right?  I mean, Aaliyah’s life, itself, is nothing but a bunch of facts.  In the eyes of copyright law, facts are not copyrightable, and Aaliyah’s family does not own her life story.

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SMILE! BUT DO NOT INFRINGE MY TRADEMARK!

By Eliana Rocchi | amdlawgroup.com
Can emoticons become trademarks? Apparently yes, as there are several federally registered trademarks that are in fact emoticons. The “smiley”, for example is used by clothing and jewelry companies, perfumes producers and souvenirs retailers. The “winkey” is used for alcoholic beverages. Even the “frowny” is used as a trademark for companies producing clothing and greeting cards.

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Copyright Protection for Graffiti a/k/a Street Art

The esteemed author William Shakespeare once said, “A rose by any other name would smell as sweet”. Does that same idea apply to the copyrightability of street art?

The term street art is defined as any visual work created in public locations. Some common media include spray paint, stencils, sticker art, street installations, and sculpture. However, the legality of this street art becomes a problem when it is not commissioned. Most call this unauthorized street art, graffiti–or even vandalism. These different ways to describe street art have led to a divide within the legal community.

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Getting Out of the Weeds: Why Cannabis Products Can Be Patented but not Trademarked

Cannabis is legal for recreational or medicinal use in almost 30 states, and this number is likely to grow. However, cannabis remains illegal under federal law. As a result, the United States Patent and Trademark Office (USPTO) will not register trademarks for retailers of cannabis, or for products that contain cannabis.
However, what is especially interesting is that the USPTO will grant patents involving cannabis and its derivatives. More simply put, cannabis is patentable. Examples of cannabis-related patents include drug formulations, methods of treating sickness and disease with cannabis, and even cannabis plant patents. So why is cannabis patentable, even though federally it is illegal?

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I Wrote This On A Public Wall…. But, You Still Can’t Use It!

Miami artist David Anasagasti (or “Ahol” as most people call him) has recently filed copyright infringement against clothing retailer American Eagle Outfitters. No, they did not steal his clothing designs or illegally use his music in their stores or advertisements (which would be the normal copyright infringement claim against a retail store).

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Are You Collaborating or Just Copying?

Let’s be honest! Some of the best music you’ve ever heard are music collaborations. It’s one of the best ways that you can make your work original, but it is also one of the most dangerous ways to have your work stripped from you (That is, if you do not adhere to the rules of copyright law). Before remixing, sampling, and/or collaborating on music, here are four things you should know.

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Why The Supreme Court Is Weighing in on Patents (A Discussion of Recent Cases)

The Supreme Court has also overturned several rulings from the Court of Appeals for the Federal Circuit (CAFC), which has historically taken the position of strict enforcement of patents and copyright. A notable case is Impression Products, Inc. v. Lexmark. This case involved the doctrine of “exhaustion,” under which a patent holder’s rights to enforce its patent ordinarily are “exhausted” at the moment the patent holder sells the patent-protected object. The Supreme Court held that “Lexmark exhausted its patent rights in toner cartridges sold in the United States through its Return Program” and thus “cannot sue Impression Products for patent infringement with respect to cartridges Lexmark sold abroad, which Impression Products acquired from purchasers and imported into the United States, because an authorized sale outside the United States, just as one within the United States, exhausts all rights under the Patent Act”.

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015: The Top 10 Most Valuable Brands

In this episode, we discuss the Top 10 Most Valuable Trade

Lead-off Quote

A great brand is a story that’s never completely told. A brand is a metaphorical story that connects with something very deep – a fundamental appreciation of mythology. Stories create the emotional context people need to locate themselves in a larger experience.   ~Scott Bedbury

Top 10 Most Valuable Trademarks as of 2018.  

Amazon $150.8 Billion
Apple $146.3 Billion
Google $120.9 Billion
Samsung $92.3 Billion
Facebook $89.7 Billion
AT&T $82.7 Billon
Microsoft $81.2 Billion
Verizon $62.8 Billion
Walmart $61.5 Billion
ICBC $59.2 Billion 

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