ArticleConan O'Brien Sued For Stealing JokesConan O'Brien is the target of a civil lawsuit brought by a man who says the comedian stole his jokes.United StatesIntellectual PropertyStites & Harbison PLLC
ArticleGoogle And Oracle To Spending A Fortune Together Exploring The Bounds Of Fair UseGoogle and Oracle have been fighting for years over Android. The best summaries of the cases are on Wikipedia and the Electronic Frontier Foundation website.United StatesIntellectual PropertyStites & Harbison PLLC
VideoLawyers Make Good Lovers. (Video Content)Are slogans like "Lawyers Make Good Lovers" used on t-shirts protected by trademark law? Probably not. A slogan is generally not protectable under trademark law, unless it also serves as a trademark. United StatesIntellectual PropertyStites & Harbison PLLC
VideoNike Advertising Campaigns Are Forever, Trademark Infringement Lawsuits Are NotSome things are forever. Like diamonds. And Nike. And Kobe Bryant. And Legends (allegedly). Some things are not. Like heroes (allegedly).United StatesIntellectual PropertyStites & Harbison PLLC
VideoPreventing Willful Infringement (i.e., Apple’s $539M Verdict) (Video Content)Bloomberg reported that Apple lost a $539M jury verdict to Smartflash LLC on Tuesday. The suit is about Smartflash's patents for digital rights management, data storage and access through payment systems.United StatesIntellectual PropertyStites & Harbison PLLC
ArticleRebranding: What Happens When It Goes Wrong?Back by popular demand: It’s Ken Homa! Prof. Homa was kind enough to share his wisdom with us last week on repackaging, and he’s back to tell a tale of rebranding gone wrong.United StatesIntellectual PropertyStites & Harbison PLLC
ArticleRoll Tide And Go Cards: The Phenomena Of College Sports BrandingThat great month-long United States collegiate sports spectacle, the 68 team NCAA BASKETBALL® championship tournament, known as MARCH MADNESS® or THE BIG DANCE® is again upon us.United StatesIntellectual PropertyStites & Harbison PLLC
VideoStolichnaya® – A Tale of Two OwnersA Russian pseudo-governmental entity claims that it is the rightful owner of the Stolichnaya trademark and that as a result, U.S. distributors who sell the product are acting in violation of established trademark rightsUnited StatesIntellectual PropertyStites & Harbison PLLC
VideoThe First Amendment, Target, And Rosa Parks (Video Content)We also all know Target Corporation, a national retail corporation which operates more 1800 retail stores across the U.S. along with an e-commerce web site...United StatesIntellectual PropertyStites & Harbison PLLC
ArticleTrademark Filing StrategiesIf you are using a name, word or symbol to sell goods or services, you have a protectable mark.United StatesIntellectual PropertyStites & Harbison PLLC
ArticleTrademarkology Salutes Fischer Packing CompanyWith Trademarkology declaring this to be "Pork Week," it’s nostalgic for me to salute Fischer Packing Company, a 20th Century icon here in Louisville, Kentucky which is integrally a part of my family history.United StatesIntellectual PropertyStites & Harbison PLLC
VideoTrois Petits Cochon Huffs And Puffs At Three Little Pigs Charcuterie & SalumiSince my colleague Jack Wheat has designated the entire week as "pork week," I have been asked to write on a pig-related theme. United StatesIntellectual PropertyStites & Harbison PLLC
ArticleTax Reform Prospects Should Spur A Closer Look At Roth Retirement Savings PlansAmong the many vexing problems with taxpayers' planning is: What changes will be made in the rules for the tax-favored retirement savings? United StatesTaxStites & Harbison PLLC
ArticleAnother Surprise! The No Surprises Act Requires Consumer DisclosuresIn December 2020, Congress signed into law the No Surprises Act (NSA) addressing surprise medical billing.United StatesFood, Drugs, Healthcare, Life SciencesStites & Harbison PLLC
ArticleBanking On Industrial HempColorado has legalized marijuana for medical and recreational use. United StatesFinance and BankingStites & Harbison PLLC
Article(Illegal) Drugs And TrademarksCertainly if the marks SLANTS and REDSKINS are disparaging then shouldn't MARIJUANA marks be held to be scandalous or immoral, at least when used in connection with drugs that are illicit in most of the country? United StatesIntellectual PropertyStites & Harbison PLLC
ArticlePrescriptions For Pharmaceutical MarksSome types of applications have a more difficult time than others proceeding to registration before the United States Patent and Trademark Office (the "PTO").United StatesIntellectual PropertyStites & Harbison PLLC
ArticleLucky Brand Gets Lucky Before The Supreme CourtOn Wednesday, May 14, 2020, the United States Supreme Court unanimously held that the doctrine of defense preclusion does not apply in a case between two parties when the earlier...United StatesLitigation, Mediation & ArbitrationStites & Harbison PLLC
ArticleBest Practices For Developing A Contractor’s Request For CompensationMy mentor and good friend, Cordell Parvin, has shared some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim.United StatesReal Estate and ConstructionStites & Harbison PLLC