Articles From Daniel Kegan

Respecting Powerful Words—Names and Pronouns By Daniel Kegan Elder Law, April 2022 We have a long tradition of respecting the power of words. Trademark law has long prohibited calling your product or service a name confusingly similar to that of another. But there is little law against calling someone a name they dislike. Just as US census forms have broadened from dichotomous White and Black to multiple categories, the differences between sex and gender and the non-binary nature of both are increasingly recognized. Terminology with the health care field and transgender and gender nonconforming communities is constantly evolving. The existence of transgender individuals is recognized by mainstream organizations. Suggestions for internal firm procedures are presented. The Golden Rule is insufficient.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, March 2022 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, December 2021 An eclectic gathering of recent intellectual property developments.
Respecting Powerful Words—Names and Pronouns By Daniel Kegan Intellectual Property, December 2021 We have a long tradition of respecting the power of words. Trademark law has long prohibited calling your product or service a name confusingly similar to that of another. But there is little law against calling someone a name they dislike. Just as US census forms have broadened from dichotomous White and Black to multiple categories, the differences between sex and gender and the non-binary nature of both are increasingly recognized. Terminology with the health care field and transgender and gender nonconforming communities is constantly evolving. The existence of transgender individuals is recognized by mainstream organizations. Suggestions for internal firm procedures are presented. The Golden Rule is insufficient.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, September 2021 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, May 2021 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, March 2021 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, September 2020 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, May 2020 An eclectic gathering of recent intellectual property developments.
Precedented Insufficient Memory: COVID-19 and Earlier Plagues By Daniel Kegan Intellectual Property, May 2020 January 2020 saw the launch of a novel coronavirus, its resultant Covid-19 disease, a worldwide pandemic, and ubiquitous pronouncements of an “unprecedented” event—unprecedented only if one’s personal and availed institutional memory stops near the Vietnam War, World War I, Jeffrey Amherst, or Columbus sailing to “America,” and if one ignores plague literature. With references and resources.
1 comment (Most recent May 7, 2020)
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, February 2020 An eclectic gathering of recent intellectual property developments.
Political Trade Secrets: Intellectual Property Defense to Political Hacking By Daniel Kegan Intellectual Property, February 2020 An effective Defend Trade Secrets Act litigation may not immediately reverse an election result, but it might severely weaken the conspirators.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, December 2019 An eclectic gathering of recent intellectual property developments.
Inside the USPTO-TM By Daniel Kegan Intellectual Property, September 2019 A summary of the U.S. Patent and Trademark Office visit to Chicago on July 11, 2019.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, September 2019 An eclectic gathering of recent intellectual property developments.
‘Who Owns the News? A History of Copyright’ by Will Slauter: A Review By Daniel Kegan Intellectual Property, September 2019 Modern U.S. copyright law has had a number of picky technicalities, some of which were only clarified this year.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, June 2019 An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, April 2019 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, January 2019 An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, November 2018 An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, June 2018 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, March 2018 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, November 2017 An eclectic gathering of recent intellectual property developments.
Mohawk sovereign immunity tactic vs. inter party review By Daniel Kegan Intellectual Property, September 2017 Can an asset transfer to a sovereign, here an Native American Indian tribe, in the midst of an Inter Party Review (IPR) deprive the PTO of jurisdiction? Allergan Plc transfer to the Saint Regis Mohawk Tribe for billion-dollar annual sales drug Restasis.
Simple IP evaluations By Daniel Kegan Intellectual Property, September 2017 Perspectives on evaluating intellectual property, prompted by Internet elist queries: Breach of non-compete damages, Internet domain and associated trademarks, and Seeking accountant with IP experience.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, June 2017 New and notable intellectual property updates.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, January 2017 New and notable intellectual property updates.
Repairing disparagement: A slant on language and trademarks By Daniel Kegan Intellectual Property, January 2017 The arc of the moral universe reportedly is long, but bends toward justice. Will the US Supreme Court accelerate or impede that curvature when it decides Lee v. Tam, which is scheduled for hearing on January 18, 2017?
First copyright principles for the First Lady’s speech By Daniel Kegan Intellectual Property, September 2016 Who owns the copyright to a speech made by the spouse of the President of the United States? The First Lady of the United States (FLOTUS), the President of the United States (POTUS), the federal government, the writers assisting the spouse, the editors of the speech, we the American people, no one? As with most short legal questions, it depends.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, September 2016 An eclectic gathering of recent intellectual property developments

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