Not So Intellectual Property: IP for the People

A fairly obscure law, 28 USC Section 1498 allows the U.S. government to use patented technology, so long as the patent holder is compensated. Although typically applied in the national defense context, Moderna now seeks protection under this section for its manufacture of a patented vaccine for Covid-19. In particular, Moderna argues that the infringement claims leveled against it should actually be brought against the government, because Moderna was acting as a government contractor in supplying vaccine doses to the U.S. government as part of the nationwide vaccine effort. Nick and Kyle explain what this law is all about, why it was implemented and how it is being applied in this ongoing case.

The Ohio State University was able to register it’s THE trademark. In this episode, Nick and Kyle discuss the road OSU took to register their THE mark and how brand owners might want to take a page from the Buckeyes in assessing their own marks.

In this episode, Nick and Kyle discuss issues created by retaliatory sanctions by the Russian government against U.S. IP owners.

Nick and Kyle discuss recent developments in the area of fraud in the patent and trademark office and how trademark owners can protect themselves from these claims in the future.

Nick and Kyle talk about Nonfungible Tokens (NFTs) and the potential intellectual property issues that surround them. NFTs have been causing waves and our attorneys reflect on what to take into account if brand owners plan to throw their hat into the NFT ring.

With college athletes now allowed to cash in on endorsement deals that the NCAA previously denied them, Name, Image and Likeness (NIL) issues are all over the media the last few months. In this episode of Not So Intellectual Property, Nick and Kyle talk about key considerations for athletes and brands when engaging in NIL agreements and how things might shake out now that the NCAA has punted on the issue.

In the wake of recent social justice movements, many brands are rethinking their messaging and even retiring old trademarks. In this episode of Not So Intellectual Property, Nick and Kyle discuss ways in which brand owners can potentially maintain protection for their old trademarks, even while moving forward with new branding and imagery.