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Utility patent applications cover the way an invention function while design patent applications cover the way an invention looks.  Many of our clients are candidates for both utility and design applications (often for the same invention).  For example, one of our clients is an inventor of a percussive instrument producing cymatic effects.  The invention uses water to alter the sound of the drum.  We protected the function of the drum with a utility patent (US 10,621,960).  Theoretically, the drum could have many different shapes and still function the same. However, the particular drum this inventor brought to market had a specific (and good-looking) design.  That specific design was protected with a design patent (D858,626).

Our team is often asked whether a provisional or nonprovisional patent application is the best option for a particular client.  Our answer is always the same—it depends.  Some of these factors include budget, timing, and goals.  

Over the last few years, lawsuits have come against celebrities like Nicki Minaj, Khloé Kardashian, Ariana Grande, and Jennifer Lopez for posting photographs taken by paparazzi onto their social media accounts without permission or license to repost the photos. Top model Gigi Hadid follows as she is recently the center of attention in a copyright infringement case after being sued by Xclsuive-Lee, Inc. for reposting a photograph of herself onto her Instagram account @gigihadid in October of 2018. 

On July 29th, a jury in California decided that Katy Perry’s 2013 hit “Dark Horse” infringed on the copyright of “Joyful Noise,” written by Christian rapper Marcus Gray, aka Flame, in 2008. Following this verdict, the jury determined that Katy Perry, her music label Capital Records, and co-writers owe Marcus Gray a portion of the profits from the success of the hit – 22.5% or roughly $2.8 million to be exact. This case follows a string of other copyright infringement lawsuits within the music industry in recent years. Notably, Robin Thicke and Pharrell Williams lost in defense of their 2013 chart topper “Blurred Lines” and were ordered to pay $5.3 million for copying elements of Marvin Gaye’s 1977 hit “Got To Give It Up.”

Cardi B, the Grammy award winner for Best Rap Album of the Year, has filed the paperwork with the United States Patent and Trademark Office for a trademark over her viral catchphrase, ‘Okurrr.’ The 26-year-old female rapper has taken over the rap world and pop culture scene along with her signature phrase, which has even made appearances in this year’s Pepsi Super Bowl ad.