Copyright Infringement and Class Certification Issues

by James Kachmar
The IP Law Blog

Greg Kihn is a musician best known for his 1983 hit song, “Jeopardy.” In 2017, he (and his publishing company) filed suit against Bill Graham Archives, LLC, which did business as Wolfgang’s Vault. Wolfgang’s Vault is a website where visitors could, for a fee, access thousands of live musical performances from the 1950s to the 1990s. Mr. Kihn’s complaint alleged violations of federal copyright and anti-bootlegging laws. He sought to bring these claims of a class of other performers similarly situated.

Read More

Trade Secret or Patent?

by Audrey A. Millemann
The IP Law Blog

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent.  The answer is:  It depends.

What Can Be Protected? 

The first thing to consider is what it is that needs to be protected.  A trade secret protects a business’s confidential and proprietary information.  The information can be a formula, process, or customer list.

A patent protects an invention.  The invention can be an article of manufacture,

Read More

Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

by Scott M. Hervey
The IP Law Blog

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”.  FTX featured its Moon Man character in commercials running during MLB games.  Jack in the Box is not happy.

In its complaint filed in Federal court in California, Jack in the Box references various tweets regarding the FTX Moon Man – “Oh look, it’s Walmart Jack in the Box!”,

Read More