How much borrowing is too much borrowing? When does inspiration cross the line into stealing? The Supreme Court’s recent ruling over a work by Andy Warhol which featured an altered photo of Prince, taken by photographer Lynn Goldsmith, tries to draw a red line between...
In another reminder of the difficulties facing cannabis companies, the Ninth Circuit ruled that The Herbal Chef LLC could not protect its IP against competitors. The case is The Herbal Chef, LLC v. AFG Distribution, Inc. Background The Herbal Chef LLC is a California LLC (Herbal Chef) that offers catering, educational, and advocacy services involving cooking with infused cannabis. Herbal…
By Shuying Lin On December 27, 2020, the U.S. President Donald Trump signed into law the coronavirus spending and relief package bill entitled the “Consolidated Appropriations Act of 2021”. Notably, the coronavirus relief legislation also includes a few significant amendments to the U.S. trademark and copyright laws which we summarize as follows: The Trademark Modernization Act of 2020: This Act…
If you have a product or intellectual property you want to license in China, YK Law can help. We’ve helped many clients monetize their intellectual property in China, by authorizing third parties to commercialize the products through technology license or transfer. There are a number of ways you can license your product and protect it at the same time. We…
This article will give you an understanding of China’s IP legal landscape and tell you how to design and implement an intellectual property protection strategy in China. It is less expensive for you to act proactively to protect your IP in China rather than be forced to react to instances of infringement, but if infringement does occur, you must act.…
You’ve heard of famous musicians suing other musicians over allegedly stolen music, and vice versa. They are rightly seeking to enforce their intellectual property rights in their original creation. If you have created original music and want to protect it against use by others, you’ll need to understand the intellectual property (IP) rights of music. What happens if another performing…
Know the Differences and Protect Your Idea · A design patent protects any new, original and ornamental design for a useful article of manufacture. Design Patents are very popular among companies. These cover things like graphical user interfaces, icons on computer screens, smartphone and tablet designs, and any other characteristics that are ornamental in nature. A standard utility patent protects…
By Shuying Lin On June 30, 2020, in an 8-1 decision, the Supreme Court of the United States ruled in favor of Booking.com, holding that BOOKING.COM is not a generic term that cannot be registered as a federal trademark. Although BOOKING alone is a generic term for hotel reservation services, after adding a top-level domain .COM to it, the resulting…