Michelson IP Monthly Rewind: August Edition

July was a busy month for intellectual property with big companies including Apple and Meta finding themselves involved in more legal battles, as well as United States senators getting involved in the ongoing debate over intellectual property rights for journalists.

Here’s a recap of the events from the past month:

Meta’s Latest Legal Battle Over Rebrand

Since Meta, formerly known as The Facebook Company, announced its plan to rebrand, multiple companies with similar names have come out to protect their intellectual property rights from being infringed on. In the latest instance of this, virtual reality startup MetaX has claimed that Meta has destroyed their business and thus is suing them for trademark infringement.

“MetaX, an immersive reality company founded in 2010, is suing Meta for trademark infringement. The company claims in a lawsuit that Meta “obliterated” the company’s business, CNN reported. “Meta’s small business stands no chance against the corporate behemoth,” the complaint said.” – Virtual Reality Startup MetaX Sues Meta For Rebrand, Says It ‘Stands No Chance Against The Corporate Behemoth’, Entrepreneur

In case you're unfamiliar, a trademark license is an option for entities that want to use somebody else’s trademark. Licenses are one way that legal battles over trademark infringement can be avoided.

“ A trademark license is one way to transfer the use of a trademark or service mark from its owner (the licensor) to another party (the licensee). It can be an effective way to generate revenue and expand your brand’s reach. It also enables the licensor to dictate conditions under which the licensee can use their trademark.”

You can learn more about trademark licenses here.

Copyright Protections in Journalism

Since last year, there has been an ongoing conversation about copyright protections for journalists. The parties involved are the US Copyright Office and US Senate. The latest development in the conversation came last month, when the US Copyright Office claimed publisher’s rights were ‘significant’ but acknowledged they have a ‘lack of bargaining power.’

“A strong new argument for Congress to help save local journalism came from an unexpected source. The U.S. Copyright Office just declined to strengthen news copyright protections, after being asked by a group of senators if this could help struggling publishers.” – Copyright decision increases need for Congress to help save local news, The Seattle Times

The question of who owns the copyright to published work can be complicated. Usually it depends upon the agreement between the writer and publisher.

“In the United States, the Copyright Act (Title 17 US Code) states? that intellectual property belongs to the author, unless otherwise specified in a publishing contract. There are, however, various ways in which this default situation can change. ”

You can read more about who owns the copyright to published work here.

Apple Settles in Patent Battle

Another company involved in a legal battle over intellectual property rights last month was Apple. Headphone company Koss Corp had sued Apple over their AirPods and Beat’s Headphones, but the case did not make it to court as the two sides reached a settlement before it was supposed to begin.

“Apple Inc has agreed to settle a lawsuit brought by headphone maker Koss Corp over Apple’s AirPod earbuds and Beats headphones, the companies said in a court filing Saturday.” – Apple, Koss settle wireless-headphone patent fight before trial, Reuters

In cases like these, design patents are often involved. Design patents are ways for inventors to protect the design of their invention. They prevent others from stealing these designs.

“A design patent is a type of IP that protects the ornamental design of an object that has practical utility. The United States Patent and Trademark Office (USPTO) issues design patents. They are valid for 15 years from the date of issuance.”

Read our full article on design patents here.

Potential Copyright Infringement in New Beyoncé Album

With all the craze over Beyoncés latest album, Renaissance, there is also controversy as Kelis is accusing her of copyright infringement. According to Kelis, one of the songs in the album interpolated her song “Milkshake” from 2003, and Beyoncé did so without notifying her, but is this copyright infringement? Check out a deep dive on the hot button topic below.

“Kelis seems to be making a claim, perhaps, that she has some role in the original musical composition, but at least on paper, it looks like if she ever had any rights. She may have signed those over or signed something making it clear that she didn’t have any,” Kelis Probably Can’t Sue the Neptunes Over Beyoncé’s ‘Milkshake’ Interpolation, Vulture

What are your thoughts on the intellectual property issues brought up over the past month? Feel free to leave your thoughts in the comments, and subscribe to the newsletter to keep up with us.