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  As the countdown to Christmas begins, intellectual property, identical to other industries, gears up for various holiday-related inventions, trademarks, and artistic works. While one cannot technically have a monopoly on Christmas, Hanukkah, or any other holiday, many have tried to obtain the broadest possible intellectual property rights relating to the same. There are four federally registered trademarks for “Merry Christmas.” One is for cigar and cigarette boxes. Another was registered by a winery for fruit wine, grape wine, and natural sparkling wines. Additionally, one design trademark incorporates the greeting “Merry Christmas” for Christmas tree ornaments and decorations. The applicant…

  The United States Patent and Trademark Office (USPTO) recently published a patent application, owned by Facebook, which could predict the future geographical locations of users. Titled “Offline Trajectories,” the application gathers a user’s previous location data as well as that of others in order to make predictions as to where the user may be traveling next. For example, if the user typically goes to the gym after work and the application determines that the user is currently at their office, it could then infer that the user is likely to go to the gym at a certain time. More…

  This month, Levi Strauss filed suit against Yves Saint Laurent America, Inc. in the United States District Court for the Northern District of California, where the Levi Strauss corporate headquarters is located. The complaint included three causes of action: trademark infringement, unfair competition, and trademark dilution. Each of these claims stem from Yves Saint Laurent’s use of a tab on its jean pocket, which Levi’s claims is highly similar to its registered trademarks. Levi’s has alleged that YSL is profiting from the sale of the allegedly infringing jeans and thereby has caused incalculable and irreparable damage to Levi’s goodwill…

Each year, as grocery stores fill with Butterball turkeys, canned gravy, and other Thanksgiving implements, the average American will spend roughly $200 on this holiday’s expenses. These costs include not only food and liquor but also travel costs. Indeed, the day before Thanksgiving and the Sunday thereafter are often the busiest travel days of the year with an estimated nearly 3 million people taking to the skies. As a result, companies and inventors alike have taken to the intellectual property system to address America’s needs with regard to turkey day. An early turkey related patent involved a “Toy Representing a…

  In its increased focus on smart garments, Nike has filed two patents, one for self-cleaning footwear and another for a bodysuit that can accurately teach yoga to its wearer. These patents were filed in the midst of Nike releasing the first self-lacing shoe. Back in 2014, Nike obtained patents for self-lacing technology, similar to that seen in “Back to the Future,” and recently, the Oregon-based sportswear giant announced its Hyperadapt sneaker complete with electric adaptable reaction lacing capable of adjusting the laces, pressure, and fit to the contours of the user’s foot. That being said, it remains unclear whether…

  Similar to other holidays, Halloween brings with it a number of intellectual property concerns. This is unsurprising as Halloween propagates a large amount of creative energy and spans almost every area of intellectual property law. When one thinks “Halloween” perhaps the first thing to come to mind is the classic jack-o’-lantern, featuring a carved face in an evacuated pumpkin, turnip, or other root vegetable. In 1889, a jack-a-lantern was patented for a device capable of providing amusement for children and which can also be used as a campaign torch for celebrations, torch-light processions, political meetings, and “other like occasions…

  The Fort Worth-based airlines, American Airlines, recently took a detour in its attempt to obtain copyright registration for its new logo by filing a lawsuit against the Copyright Office in federal court in the Northern District of Texas. American, believing the Copyright Office’s determination to be wrong, has requested the federal judge overrule the department’s decision. The airline goes on to assert that the agency routinely accepts registration for logos that are no more, and in many cases less, creative than that of American. In June of 2016, American first filed for copyright registration of its new logo. A…

Dunkin’ Donuts recently announced its intention to drop “donuts” from its name. “Dunkin’” will continue to be featured in the familiar rounded font with an orange-and-pink color scheme. The name change was tested at a handful of Massachusetts restaurants late last year and apparently was successful. As such, commencing in January of 2019, the name change will officially take effect as part of a major rebrand of the company with the new name appearing on napkins, boxes, and signs at United States stores. The name change will eventually be adopted by the company’s international locations so that the company’s more…

A United States District Court Judge recently extinguished a lawsuit brought by a hairstylist against Gwen Stefani, Pharrell Williams, and Interscope Records alleging direct, contributory, and vicarious copyright infringement based on defendants’ song, “Spark the Fire.” The lawsuit also included a separate conversion claim under California state law against Stefani only. Having been previously unsuccessful in obtaining a dismissal of the case when it was transferred from its original court in Colorado to California, the defendants filed a motion for summary judgment. Judge Dolly M. Gee granted this motion in favor of the defendants, finding the works in question were…

Indoor cycling has become one of the most competitor spaces in the fitness market, with many popular studios vying for consumers’ attention. Companies such as SoulCycle, which is now international, and Los Angeles-based Cycle House offer cycling classes where an instructor and participants exercise on stationary bikes with the instructor and music combining to motivate the riders. Peloton, on the other hand, offers a fitness experience unique and disparate from that previously offered by indoor cycling studios and gyms. Launched in 2012, Peloton is a high-tech fitness company known for its popular and trending home-fitness bike. In merely six years,…