Faruki Blog

Deposit Battle: The Deposit Requirement for Publishers Under Copyright Law Is Ruled (Somewhat) Unconstitutional

"Vestigial structure" is defined as "a structure in an organism that has lost all or most of its original function in the course of evolution, such.. Read More

Jack Daniel's and the "Bad Spaniels" Dog Toy: The Supreme Court Leaves Trademark Litigants Something to Chew On

In Jack Daniel's Properties, Inc. v. VIP Products, LLC, No. 22-148, 599 U.S. ___ (2023), the Supreme Court unanimously ruled that a First Amendment.. Read More

Did the Supreme Court Transform Its Transformative Use Test In Warhol?

In Andy Warhol Foundation For the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. _____, slip op. (May 18, 2023), the Supreme Court seemingly.. Read More

Design Flaw? The Federal Circuit Keeps the Separate Test For Obviousness of Design Patents, For Now

In a recent decision, LKQ Corp. v. GM Global Tech. Operations LLC, No. 2021-2348, 2023 U.S. App. LEXIS 1412 (Fed. Cir. Jan. 20, 2023), the Federal.. Read More

Protecting Trade Secrets from Public Exposure at Trial (Authored by Sergio G. Fernandez and Griffin R. Reyelts | Bar Results Pending | Faruki PLL)

Trade secret litigation, besides the potential to be expensive and onerous, carries with it risks to sensitive trade information. Because a trade.. Read More

Be Reasonable: Protecting Against Misappropriation of Trade Secrets

To date, the Faruki+ Intellectual Property Blog Series has discussed copyright, patent, and trademark issues. These three types of intellectual.. Read More

Factors Considered in Determining Willful Patent Infringement and the Concept of Deliberate Indifference

Once a person or company is found liable for infringing on another's patent, damages are awarded against the infringer to compensate the patent.. Read More

Publicity Rights: Name, Image, and Likeness, Oh My

Fans of "The Kardashians" may remember a clip of Kim's son, Saint, gleefully showing his mom a picture of herself that appeared on his game. In.. Read More

Avoiding the Patent Troll Toll

The American patent system incentivizes inventors to patent an idea in exchange for obtaining the sole right of commercialization or exclusion of.. Read More

The Role of Markman Hearings in Patent Litigation (Co-Authored by Former Faruki Law Clerk Meghan L. Savercool)

When a party files a complaint alleging its patent has been infringed, it must make a "short and plain" statement claiming either direct.. Read More
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