Author Archives: escottjohnson

Supreme Court: Federal Circuit got §271(b) wrong and maybe §271(a) as well.

At its heart the Internet is an information distribution network and the ease with which all manner of information can be shared instantly has led to numerous innovative methods of doing, well, most anything. A hallmark of patents on such methods is that the various steps are carried out by multiple actors as information is […]

Naturally, litigation results from unsupported advertising claims and undefined terms.

The WSJ Corporate Intelligence blog has an interesting article today that highlights the risks inherent in un-vetted advertising claims.  Apparently Proctor & Gamble took issue with “99% Natural” claim that toothpaste maker Hello Products, LLC was making with respect to its toothpastes which come in unusual flavors (for toothpaste) like pink grapefruit mint and mojito […]

A new Picasso — and a hefty tax bill.

Jeffrey Gonano of Wexford in western Pennsylvania won the lottery for the 1914 Picasso painting L’Homme au Gibus (Man in the Opera Hat).  Mr. Gonano had purchased one of the 50,000 lottery tickets that had been sold for 100 euros (approximately $137) each.  The lottery was held to benefit two Arts and Cultural Projects in a UNESCO […]

Win a Picasso and Own a Masterpiece! But Hurry!

This is no joke (although it is extremely awesome!):  A drawing will be held on December 18, 2013 for a Picasso entitled  L’Homme au Gibus (Man in the Opera Hat), completed in 1914.  Here is a copy of the painting: Tickets cost a mere 100 Euro (approximately $135).  Only 50,000 will be sold.  Proceeds will benefit two Arts […]

Cariou v. Prince: A victory for appropriation art

The United States Court of Appeals for the Second Circuit reversed a lower court opinion today in the case of Cariou v. Prince and handed another victory to the perhaps surprisingly robust world of contemporary collage artistry and appropriation art generally.  The story of the case is relatively straight forward.  In 2000, Patrick Cariou published […]

Will Prior Art Block My Patent Application? Prior Art 101 for §§102 and 103

If you read IP blogs with any regularity you no doubt know that patent reform has come courtesy of the America Invents Act (“AIA”), although the “old” patent law hasn’t really left us and won’t for quite some time.  The most blogged about change brought on by the AIA has undoubtedly been the change from […]

You Bought It, Now Dispose Of It How You Please

The Supreme Court recently ruled in the case of Kirtsaeng v. John Wiley & Sons, Inc. (Docket No. 11-697) that the copyright “first-sale” doctrine trumps a copyright holder’s right to control distribution of products embodying copyright protected material. The decision has received a fair amount of attention in the legal sphere but less so in […]

Can “the” competitor’s shout-out to your brand constitute trademark infringement?

A trademark owner must protect its brand by stopping confusingly similar uses of its trademark whenever possible.  Nike and Under Armour are direct competitors so confusion among sportswear buyers confronted with a knock-off brand is likely. Or, maybe the consumers enjoy the grudge match and aren’t confused. But ignore the threat at your peril. E.Scott Johnson was quoted […]

Mexico becomes third Latin American country to join the Madrid trademark filing system

In June I posted about Columbia’s accession to the Madrid Protocol and noted that Mexico was taking steps to follow suit. Late last month Mexico’s Secretary of Economy deposited documents completing the country’s accession to the Madrid Protocol for the International Registration of Marks with the World Intellectual Property Organization, bringing to 89 the total […]

Is Software Patentable?

We may soon have an answer to that question. By “soon” I mean probably sometime in the next two years. By “answer” I mean we will have the en banc opinion of the Federal Circuit in the case of CLS Bank v. Alice Corp.  Yesterday, the Federal Circuit granted CLS Bank’s petition for rehearing and […]