Use of Second Generation Seed Constitutes Patent Infringement

A farmer who legally purchased patented seeds from Monsanto was recently sued for replanting second generation seeds without permission (Monsanto v. Bowman). Generally the purchaser of a patented item may use and resell that item; however, a purchaser is not permitted to make additional copies of that item. Although the second generation of seeds was created without human intervention, the U.S. Supreme Court held that the replanting of these seeds constituted patent infringement.

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9th Circuit Holds the Bat Mobile is a Character Protected by Copyright

DC Comics recently sued the manufacturer of Bat Mobile replicas claiming that these copies constituted copyright infringement (DC Comics v. Towle).  The Ninth Circuit recently agreed, holding that "especially distinctive" characters are entitled to copyright protection, finding that the Bat Mobile is not just a car; it is a distinctive character.

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Pitfalls of Trademark Use in Advertising and Promotion

Be cautious when using the trademarks of others... even when you are simply advertising a product or promoting something as mundane as the "Super Bowl" or "March Madness." Both of the terms used in the aforementioned example are federally trademarked and that trademark should be noted in any advertising or promotional material.

You should never use a trademarked name in an advertisement to describe a general style of item. In a recent case, Tiffany & Co. filed suit against Costco for advertising "Tiffany" engagement rings. The rings Costco sells are not made by Tiffany; Costco simply used the term to describe the style of ring and is now being sued for trademark infringement.

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