Intellectual property (IP) comprises some of the most important business assets possessed by a brand. The rights of a company to claim ownership of their creations, ideas, writings, branding (just to name a few) is crucial to maintaining a healthy business.
How often is your IP really threatened? And what role does it really play? Believe it or not, intellectual property law cases are in the news almost constantly, and the need for legal protection is just as pervasive. Whether IP is being stolen, defended, or simply preserved, here are 5 recent new articles about Intellectual Property and its presence in society.
Attorneys for the Prince estate sent a letter warning longtime collaborator Morris Day that he could not use the name of his band The Time in any form. As the justification for its claims, the estate cited a 1982 agreement in which Day had allegedly agreed that Prince’s company would own the rights to the band’s name.
“A small-claims alternative to court where independent artists can defend their intellectual property law rights is in danger of stalling months before it’s set to launch, as law professors balk at a plan for their students to participate.”
This small-claims resource has the potential to transform IP rights for independent artists, who often lack the resources to defend themselves legally when their IP is stolen. The issue, however, is that the CASE Act has an opt-out mechanism by which copyright violators can simply refuse to participate. Law professors, whose students would offer voluntary service to argue artists’ claims, are now concerned that the opt-out option will escalate cases into increasingly complex, high-stakes litigation filled with uncertainty.
Economic abuses arising in the Chinese market affect Americans of all backgrounds and are emerging as one of the few areas of bipartisan cooperation.
Recently, conservative Tennessee Sen. Marsha Blackburn has come out swinging in defense of the Nashville music industry, and particularly trademark infringements in China. The ongoing issue of trademark violations in the Chinese music market has become increasingly damaging for musical artists, producers, and labels.
The fight to get China onboard with fair copyright compensation is still faced with many obstacles, but has received bipartisan support.
In the years-long patent battle, UC Berkeley and the University of Vienna said their scientists were the first to find a way to guide CRISPR-Cas9 to specific locations on the genome. The Broad Institute maintained its scientists were the first to prove the technology worked in plants and animals, including humans.
The U.S. Patent & Trademark Office ultimately sided with The Board Institute, stating that the Nobel-winning students failed to prove they were the first to use this gene-editing technology.
“The high court Feb. 24 settled a question of copyright registration validity, finding unintended legal errors don’t void registrations. That restored an infringement award granted by a jury to fabric designer Unicolors Inc. from fashion company H&M Hennes & Mauritz LP.”
Nevertheless, the legal groundwork for trademarking fabric designs is still much more complicated than most other areas of copyright. Patterns are often “redundant-by-definition”, and it can be hard to analyze or prove that a design was intentionally stolen.
“Between 2020 and 2022, dozens of artists, some as established as the Beatles and some still in the earliest stages of superstar success, have brokered deals with music catalog companies.”
Brokering and closing musical deals with such enormous valuations can be tricky. Recently, however, a perfect recipe of factors have aligned compelling artists to pursue sales.
The Songwriter’s Capital Gains Equity Act (passed in 2006) was the first big catalyst driving these sales. Catalog sales are now categorized separately and taxed at a lower rate, making the sale of a music catalog especially enticing. Secondly, many aging songwriters who have had long, successful careers are now considering their estate plans. It can simplify matters for their family or other heirs for the catalog to be sold. And finally, IP asset valuations have reached all-time-highs, making it a lucrative time to sell music rights.
Is Your Intellectual Property Safe?
What do you know about intellectual property law and how to protect your own IP? Do you have intangible assets that may be unprotected? Don’t hesitate to talk with us. At Artisan Law, we have the experience and know-how to keep our clients’ IP safe!