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Twitter Accounts as Brands: The OMGFacts Lawsuit
If they make a movie out of this lawsuit, they could call it The Social Network, Part Deux. Less than a year after the Oscar-winning film about the struggle for control of Facebook hit the screens, a...
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Brian Mullins of daqri: The Man Who Would Democratize AR
Brian Mullins is not a man who dreams small. On his to-do list? Launching a publishing platform on the order of YouTube and WordPress, creating a new mass market for 3D digital models, and...
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A Distinctive Touch: Augmented Textures and Haptic Trademarks
Soon, technologies that augment our sense of touch may lead to a rush of trademark applications seeking to protect a wide variety of artificial textures. The Dawn of Haptic AR? A few days back, the...
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How I’ve Used Social Media in Trademark Litigation
I never cease to be amazed at what people will write in social media–or at how useful some of those posts can be in court. Click here to read my latest post, titled “Mining Social Network Sites for...
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5 Predictions for Augmented Reality Law in 2012
This could finally be the year that the public begins to see augmented reality as a serious, important technology. Lance Ulanoff, the editor-in-chief at Mashable, certainly thinks so. He listed AR...
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Augmented Reality, Keyword Advertising, and Trademarks
Augmented reality advertising is already upon us, and I believe that it will soon open up a new and heated round of litigation over where the lines are between fair and unfair advertising and use of...
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[From the Archives] The Coming Conundra: Real Laws in an Augmented Reality
While I’m away on vacation, I’ve pulled this still-timely article from my archives. It was originally published in the Winter 2011 issue of SideBAR, the newsletter of the Federal Bar Association’s...
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Persuading Facebook to Remove Misleading Pages
I recently had success in persuading Facebook to take down a Page dedicated to criticizing a client.{*} In the process, I learned a few things about what Facebook finds persuasive in takedown...
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5 Predictions for Augmented Reality Law in 2013 (and a Look Back at 2012)
As a public radio commentator once said, augmented reality has “been the Next Big Thing for a while now, although it never manages to become the Actual Current Big Thing.” In keeping with this...
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Trademarks, Likelihood of Confusion, and Social Media
Trademark law in the United States has one overarching goal: to prevent consumers from being confused over the source of a product or service. The function of a trademark is to communicate to the...
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Trademarks in the Augmented Reality Industry
One sure sign of a healthy industry is the growth of intellectual property developed by companies in the field. I’ve blogged a lot lately about augmented reality patents–both their creation and...
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Earlier this month I presented to the Michigan Intellectual Property Lawyer’s Association on “IP in an Augmented Reality.” This speech is similar to ones I’ve given to IP groups elsewhere in the...
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IP in an Augmented Reality
My latest article, “IP in an Augmented Reality,” was just published in the Jan/Feb 2014 issue of Landslide, the magazine of the American Bar Association’s IP Section. It summarizes how copyright,...
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Can I Augment That? 5 Targets to Be Wary of When Making AR
With the steady growth of new tools for user-generated augmented reality, I’ve been fielding a ton of questions lately on whether it’s legally okay to augment particular content. In other words–if...
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Proactively Protecting Your IP Across the Globe
I’m writing from the Mid-Winter Institute of the American Intellectual Property Law Association (AIPLA). As a lawyer who does a lot of trademark enforcement work, one theme that I’ve noticed from...
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Field Agent – a Crowdsourced IP Enforcement Tool
Every once in awhile, you stumble across something that makes you say, “how did I not realize this existed?” or “I wish I would’ve found this years ago!” Field Agent made me say both of those things....
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Landmark TTAB Decision Invalidates REDSKINS Trademark Registrations
This post was authored by Jennifer Hetu, a partner of mine at Honigman Miller Schwartz and Cohn LLP. Ms. Hetu’s practice focuses on trademark law and brand protection. She advises clients ranging from...
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“Augmented Reality” By Any Other Name: Still as Sweet?
Augmented reality is dead. Long live augmented reality. It has long been predicted by some within the augmented reality community that AR will succeed when people stop calling it “augmented reality.”...
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