Respecting Powerful Words—Names and PronounsBy Daniel KeganElder Law, April 2022We 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 KeganIntellectual Property, March 2022An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, December 2021An eclectic gathering of recent intellectual property developments.
Respecting Powerful Words—Names and PronounsBy Daniel KeganIntellectual Property, December 2021We 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 KeganIntellectual Property, September 2021An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, May 2021An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, March 2021An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, September 2020An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, May 2020An eclectic gathering of recent intellectual property developments.
Precedented Insufficient Memory: COVID-19 and Earlier PlaguesBy Daniel KeganIntellectual Property, May 2020January 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.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, December 2019An eclectic gathering of recent intellectual property developments.
Inside the USPTO-TMBy Daniel KeganIntellectual Property, September 2019A summary of the U.S. Patent and Trademark Office visit to Chicago on July 11, 2019.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, September 2019An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™By Daniel KeganIntellectual Property, June 2019
An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™By Daniel KeganIntellectual Property, April 2019An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, January 2019An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™By Daniel KeganIntellectual Property, November 2018An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™By Daniel KeganIntellectual Property, June 2018An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, March 2018An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, November 2017An eclectic gathering of recent intellectual property developments.
Mohawk sovereign immunity tactic vs. inter party reviewBy Daniel KeganIntellectual Property, September 2017Can 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 evaluationsBy Daniel KeganIntellectual Property, September 2017Perspectives 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 KeganIntellectual Property, June 2017New and notable intellectual property updates.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, January 2017
New and notable intellectual property updates.
Repairing disparagement: A slant on language and trademarksBy Daniel KeganIntellectual Property, January 2017The 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 speechBy Daniel KeganIntellectual Property, September 2016Who 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 KeganIntellectual Property, September 2016An eclectic gathering of recent intellectual property developments
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