Fishman Stewart PLLC

??? Fish Tank Newsletter Intellectual Property Insights from Fishman Stewart Fish Tank? is our periodic newsletter providing information on current intellectual property trends. Finny says "JOIN Our Newsletter" ????? #intellectualproperty #propertylaw #iplaw #trademarks #copyrights

Three common ?? trademark questions: 1. Can I trademark my own name? If it’s your name and there are no other ?? obstacles to registration such as confusingly similar third-party registrations, then the answer under the so-called “Names Clause,” of the US Trademark Act[1], is “Yes.” 2. Can I trademark the name of a fictional character? You may only do so if you are the originator of that character or acquire the rights to it. Thus, you may not trademark ?? Mickey Mouse[2] or Mr. Magoo. 3. Can I trademark the name of a U.S. president or British ?? royal? The Answer is … By Barbara Mandell ...READ Newsletter???? #Trademarks #Name #Ip #IPLaw #Patents #Lawyers

Congratulations to Michael D. Fishman, Founding Partner at Fishman Stewart PLLC, for being recognized in the 2025 World Trademark Review’s WTR 1000 – The World’s Leading Trademark Professionals! This multi-year honor reflects Michael’s outstanding contributions to the intellectual property field. His vast expertise in managing trademark portfolios and his global impact have earned him a well-deserved spot on this prestigious list. With a successful practice spanning a diverse range of industries and a long-standing commitment to trademark law, Michael continues to be a key thought leader and a top choice for clients worldwide. We’re proud to see Michael’s hard work and dedication acknowledged once again! #TrademarkExcellence #IPLaw #WTR1000 #Congratulations #FishmanStewart #LeadershipInLaw https://lnkd.in/eDkbudh5

Congratulations to Michael D. Fishman, Founding Partner at Fishman Stewart PLLC, for being recognized in the 2025 World Trademark Review’s WTR 1000 – The World’s Leading Trademark Professionals! This multi-year honor reflects Michael’s outstanding contributions to the intellectual property field. His vast expertise in managing trademark portfolios and his global impact have earned him a well-deserved spot on this prestigious list. With a successful practice spanning a diverse range of industries and a long-standing commitment to trademark law, Michael continues to be a key thought leader and a top choice for clients worldwide. We’re proud to see Michael’s hard work and dedication acknowledged once again! #TrademarkExcellence #IPLaw #WTR1000 #Congratulations #FishmanStewart #LeadershipInLaw https://lnkd.in/eDkbudh5

Artificial ?? Intelligence lawsuits have been grabbing headlines for a few years now. One of the most common challenges is whether AI should be free to train on data that is protected by ?? copyright and owned by third parties without first obtaining permission. Is this fair use? Briefly, in US Copyright Law, fair use is a ?? legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Luckily, we now have an answer from the U.S. District Court in Delaware: using copyrighted works to train AI models is not fair use. Thomson Reuters owns the legal research database Westlaw, which includes headnotes (editorial summaries written by legal experts). These headnotes help attorneys and judges quickly understand case rulings. ROSS Intelligence, an AI-driven legal research startup, aimed to create a competitor to Westlaw. By Kristyn Webb ...READ Newsletter???? #AI #Copyrights #IP #Lawyers #USCopyrightLaw

In the age of the ?? internet, memes are a universal language. A meme is a piece of content, typically an image, video, text, or a combination of these, that spreads rapidly across the internet, often with humorous, relatable, or satirical undertones.?But behind the ?? laughter lies a complex web of intellectual property (IP) questions: can memes be protected? Who owns them? And what happens when a viral sensation becomes big business? Memes often repurpose existing material, such as ??? movie stills, famous photographs, or viral videos. Some examples include the “Distracted Boyfriend” meme, which uses a stock photo of a man turning to look at another woman, or the “Success Kid” meme, featuring a toddler clenching his fist with a determined expression. Legally, these original works are protected by ?? copyright. When someone uses copyrighted works to create a meme, they’re walking a fine line between creativity and infringement. By Kimberly McLean ...READ Newsletter???? #IntellectualProperty #Copyright #DigitalMarketing #Innovation #SocialMedia

The ???? U.S. Copyright Office (USCO) recently published its latest?report on AI and ?? “copyrightability.”?In short, the USCO considers only some AI-generated works to be sufficiently creative as to deserve copyright protection, and thus, registration. The report breaks down ?? AI-generated works into three categories according to how much human input is provided during different parts of the creative process. By Kristyn Webb ...READ Newsletter???? #Trademarks #Patents #IP #Copyrights #AI

I am learning a lot attending the annual Patent Cooperation Treaty working group session at the World Intellectual Property Organization headquarters in Geneva, Switzerland, on behalf of The American Intellectual Property Law Association (AIPLA). It has been a pleasure meeting with practitioners and representatives of patent offices from all over the world.

A cap for a beverage bottle included an interesting trivia item:?“[t]he patent for the fire hydrant was destroyed in a fire.” ?? An interesting irony, but is that true? It’s a bit unclear, but the answer is “possibly.” We know that as of June 4, 2024, the United States Patent and Trademark Office (USPTO) had issued more than twelve million patents.?We also know that more than 10,000 patents were in existence before the count began. So, what’s the story with the fire ?? hydrant patent? Well, a fire did occur at what was then called the United States Patent Office (Patent Office)?on December 15, 1836.?The event was widely covered in the Washington, D. C. newspapers of the day, including?The National Intelligencer. By?John Guenther ...READ Newsletter???? #Trademarks #Patents #IP #Copyrights #Fire

?? Bottle Cap Trivia and Fire at the Patent Office ?? Did you know that a bottle cap once featured this intriguing trivia: “[t]he patent for the fire hydrant was destroyed in a fire”? ?? But is it true? It’s a fascinating tale, but the answer is possibly — though there’s no definitive evidence. On December 15, 1836, a fire ravaged the United States Patent Office, destroying thousands of patents issued before that date. Among the potential casualties? Perhaps the elusive patent for the fire hydrant. In the aftermath, Congress quickly acted with the Patent Act of 1837 to reconstruct the lost records. While many patents were restored, no one can say for sure whether the fire hydrant patent was one of them. Interestingly, the first verifiable hydrant patents came decades after the fire. If you enjoy diving into such historical trivia and intellectual property tales, check out the latest Fish Tank Newsletter for more fascinating insights! ?? ?? Sign up for the newsletter https://lnkd.in/e8rfyvWN to get regular updates and stories from the world of intellectual property #IntellectualProperty #PatentHistory #FireHydrantTrivia #Innovation #FishTankNewsletter #LegalInsights #TriviaTuesday #Patents