With “Barbie” the movie on top of the world, it’s almost inevitable that the markets will be flooded with hot pink knockoff products. Competitors often skim pretty close to the line when developing products meant to capitalize on trends. Those whose products look too...
Be cautious about using an artificial intelligence (AI) program to produce art, photographs, music, writing, or anything you would like to be protected by copyright. The U.S. Copyright Office recently issued new policy guidance stating that only works of human...
When Andy Warhol used Lynn Goldsmith’s photograph of Prince as the basis for his silkscreen “Prince” series, his treatment of the photograph was not transformational, the U.S. Supreme Court has said. Because it was not, Warhol’s treatment was not protected by the fair...
In part 1, we introduced Caudill Seed & Warehouse Co., Inc., v. Jarrow Formulas, Inc., a Nov. 2022 case from the U.S. Court of Appeals for the Sixth Circuit where the court discussed the concept of the “combination trade secret.” Broadly, a combination trade...
The Sixth Circuit Court of Appeals recently issued an important, informative opinion about “combination trade secrets.” The appellate court agreed with the jury in a federal trial court in Kentucky that Jarrow Formulas, Inc., a customer of dietary supplement company...
Parody can be powerful. It can clarify a subtle point. It can highlight something about our society. It can speak truth to power. As a result, parody has special protections under American law. For example, Americans have a First Amendment right to make fun of...
Don’t let the cart get before the horse, and don’t sell your invention before you have filed a patent application. Inventors, entrepreneurs and businesses are understandably eager to secure licensing or sales arrangements for their newly invented processes,...
In many ways, non-fungible tokens (NFTs) represent an entirely new type of intellectual property. While the things that are eligible for NFT treatment overlap a great deal with what can be copyrighted, buying an NFT does not actually confer copyright ownership. NFTs...
Business owners understand they need to protect their physical assets with an insurance policy, such as equipment, inventory, buildings and other tangible property. But many businesses fail to take steps to protect their intangibles, such as their name, logo, creative...
In part 1 of this post, we talked about the importance of trade secrets as a type of intellectual property that can be a key component of a successful Kentucky business of any type or size, in any industry. There are many steps a business can take to keep trade...
