California Enacts Legislation to Protect Park Names

California recently enacted a bill prohibiting concessionaires from claiming trademark rights in a mark that “incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources.” The full text of the California Heritage Protection Act, AB 2249, can be found at

States Step Up Cyber Protection for Consumers

As data breaches increase in profile and frequency, lawmakers are struggling to protect their citizens from cybercrime.  Within the past year, at least four states have beefed up their data security statutes to provide greater consumer protection.   According to a May 2016 summary by the National Conference of State Legislatures, more than 25 states in 2016 […]

Would You Like the Data Theft Option with that Rental Car?

According to a recent Federal Trade Commission (“FTC”) blog post, consumers should think twice before connecting their cell phones to a rental car.   The FTC warns that the vehicle could record all kinds of data, including your personal contacts, location, web browsing, and even your text messages. This blog post written by an FTC staff attorney […]

Who Moved My Beer? (Part 2) – Hangover Prevention

Griffin Lee
Recap In Part 1, we examined what happened to [LAST NAME] Brewing (formerly Dale Bros. Brewery). After growing as a craft brewery for 11 years, they felt they were large enough as a company to file for a trademark to protect their name… and then got denied. These types of situations are more common than […]

New Antitrust Rules for IP – Comment Period Now Open

The Federal Trade Commission and Department of Justice proposed on August 12, 2016 to revise the Antitrust Guidelines for the Licensing of Intellectual Property (the “IP Licensing Guidelines”) for the first time in over two decades.  Since 1995, the IP Licensing Guidelines have provided guidance to businesses and the public regarding potential antitrust issues that […]

Primate Expert says Monkeys can be Authors

In January a judge in the Northern District of California dismissed a complaint which asked that a monkey named Naruto be the owner of a copyright in a photograph. The order of dismissal can be downloaded here. The court held that there was no standing under the Copyright Act since a monkey is not an “author,” […]

Who Moved My Beer? (Part I)

Griffin Lee
Part I – What’s in a Name? What do you do when, after growing as a craft brewery for 11 years, you file for a trademark to protect your name… and get denied? That’s exactly what happened to [LAST NAME] Brewing (formerly Dale Bros. Brewery). Brothers Curt and Andy Dale started [LAST NAME] Brewing in […]

Would Your Software Patent Hold Up to a Novelty-Type Analysis Under the Alice Test?

Federal Circuit Clarifies Potential Path for Arguing Subject Matter Eligibility of Software Patents Based on a Novelty-Type Analysis In a rare reversal of a lower court’s invalidation of a software patent as a patent-ineligible abstract idea, the Court of Appeals for the Federal Circuit in Bascom Global Internet Services Inc. v. AT&T Mobility LLC et al., […]