HILARY J. SUMNER
Creating Assets from Innovations

LAW OFFICE OF  

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IP In the News

Be Wary of Bluffing an IP Action in the UK

Posted on November 15, 2017 at 6:00 PM Comments comments (0)

"Threatening" a potential infringer for acts performed in the UK will now be govered by a new Intellectual Property Unjustified Threats Act. The act took effect on October 1, 2017 and outlines "permitted communications" between potential adversaries in patent, trademark and designs.  It should be noted that the act will not apply to copyright infringements, assertions of passing off or trade secret actions.  CLICK HERE FOR FULL ARTICLE


Can Culinary Creations be Protected by Copyright Law?

Posted on July 20, 2016 at 11:05 AM Comments comments (0)

While copyright law will not protect utilitarian articles, it will protect the creative expression in making those articles.  As a result, expressive culinary works may be protected by copyright law. Additional IP protectections may also be available such as design patent, trademark and trade secret law.

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Are Tattoos Works of Authorship under Copyright Law?

Posted on February 18, 2016 at 3:25 PM Comments comments (0)

LeBron James' tattoo artist recently filed suit against the makers of NBA2K16 claiming that their use of the tattoo in the video game constitutes copyright infringement. The Plaintiff asserts that LeBron James is a "medium of expression."  But whether a live body qualifies as a medium of expression is unsettled.  One would argue that the person exhibiting the tattoo should have some right to allow the use of that tattoo in conjunction with that person's likeness.  And if a tattoo is given copyright protection could the artist enjoin the destruction or alteration of that tattoo on a person's body?  CLICK HERE FOR ARTICLE



"PARTS" Act of 2013 may limit automotive design patent protection

Posted on April 30, 2013 at 2:15 PM Comments comments (0)

Promoting Automotive Repair, Trade, and Sales "PARTS" Act of 2013 (H.R. 1663) may limit automotive design patent protection to 30 months. 

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Innovative Design Protection & Piracy Prevention Act (IDPPPA) May Offer Copyright Protection to Fashion Design

Posted on September 15, 2012 at 5:10 AM Comments comments (0)

New bill introduced into House of Representatives may offer copyright protection to unique and original clothing design.

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Senate Passes "Fake Fashion Bill"

Posted on April 30, 2011 at 8:55 AM Comments comments (0)

 A bill pending before Congress may provide copyright protection for unique and non-utilitarian apparel, handbags, belts and sunglasses among other things.  If passed, the Innovative Design Protection & Piracy Act (IDPPA) would provide three years of protection against infringement.  Under the current bill damages would be capped at $50,000 or $1 per infringing copy.   The bill was passed by the Senate on November 30, 2010 but is awaiting approval by the House of Representatives.  Click here for full article