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Lex Indicium The Law of Information

Tag Archives: functionality

Intellectual Property: Balancing Exclusivity and Access in a Crowd Sourced, User-Generated World

Posted in Authorship, Copyright, Fair Use, Functionality, Information Law, Inventorship, Patents, Social Media, Trademark

You Can Trademark That?  They Can Own What? Who Knew? There are many reasons we have IP laws – but primary among them is to encourage creative types like artists and inventors to profit from their efforts by way of royalties or exclusive rights.  To encourage those efforts, the intellectual property laws give authors and… Continue Reading

Red Shoes… The Angels Want To Wear My (Monochrome) Red Shoes… (and now they can)

Posted in Aesthetic Functionality, Color Marks, Fashion, Functionality, Litigation, Trademark

I can hardly think of Christain Louboutin’s (“Louboutin”) “red soled shoe” case, about which I previously blogged, without hearing Elvis Costello’s Red Shoes in my head. …Oh I used to be disgusted and now I try to be amused. But since their wings have got rusted, you know, the angels wanna wear my red shoes. Red shoes, the angels… Continue Reading

Should Colors Be Protected as Trademarks? If Not, Should Letters? How Shoe Soles and Mobile Apps Might Be Related

Posted in Fashion, Trademark

One of the pleasures of practicing law, perhaps especially in the technology space –is in observing how technology trends and legal theories intersect, ebb and flow over time.  Many people in the trademark world watched excitedly over 17 years ago when the U.S. Supreme Court, in Qualitex v. Jacobson,  determined that single colors could be… Continue Reading