Can I Augment That? 5 Targets to Be Wary of When Making AR

With the steady growth of new tools for user-generated augmented reality, I’ve been fielding a ton of questions lately on whether it’s legally okay to augment particular content. In other words–if you’re not familiar with how AR works–they want to know if it’s permissible to associate certain digital content with a particular physical object (the[...]

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IP in an Augmented Reality

My latest article, “IP in an Augmented Reality,” was just published in the Jan/Feb 2014 issue of Landslide, the magazine of the American Bar Association’s IP Section.  It summarizes how copyright, patent, trademark, and publicity rights law will apply to AR technologies. An excerpt is below.  Click here to read the full article on the[...]

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IP in an Augmented Reality (Podcast)

Earlier this month I presented to the Michigan Intellectual Property Lawyer’s Association on “IP in an Augmented Reality.”  This speech is similar to ones I’ve given to IP groups elsewhere in the country. In it, I discuss what augmented reality is, how it will affect our everyday activities in almost every facet of life, and[...]

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Trademarks in the Augmented Reality Industry

One sure sign of a healthy industry is the growth of intellectual property developed by companies in the field.  I’ve blogged a lot lately about augmented reality patents–both their creation and litigation over them.  But other forms of AR-related IP are expanding as well.  Trademarks are what companies use to distinguish themselves and their products[...]

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Trademarks, Likelihood of Confusion, and Social Media

Trademark law in the United States has one overarching goal: to prevent consumers from being confused over the source of a product or service.  The function of a trademark is to communicate to the marketplace who is offering the good or service.  So, for example, when I’m driving down the road and spy the Golden[...]

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5 Predictions for Augmented Reality Law in 2013 (and a Look Back at 2012)

As a public radio commentator once said, augmented reality has “been the Next Big Thing for a while now, although it never manages to become the Actual Current Big Thing.”  In keeping with this Sisyphean observation, we did not (yet) see quite as much development in either AR technology or the law governing its use in[...]

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Persuading Facebook to Remove Misleading Pages

I recently had success in persuading Facebook to take down a Page dedicated to criticizing a client.{*}  In the process, I learned a few things about what Facebook finds persuasive in takedown requests. The Page in question used the phrase that our client uses as a trade name and service mark–let’s call it TRADEMARK–as the[...]

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[From the Archives] The Coming Conundra: Real Laws in an Augmented Reality

While I’m away on vacation, I’ve pulled this still-timely article from my archives.  It was originally published in the Winter 2011 issue of SideBAR, the newsletter of the Federal Bar Association’s Litigation Section, and was posted on Wassom.com in March 2011. Over the past decade, there has been no shortage of articles, CLEs, and speeches[...]

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Augmented Reality, Keyword Advertising, and Trademarks

Augmented reality advertising is already upon us, and I believe that it will soon open up a new and heated round of litigation over where the lines are between fair and unfair advertising and use of competitors’ trademarks. The Confusion Over Keywords and Sponsored Ads The growth of commercial internet over the past 20 years[...]

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5 Predictions for Augmented Reality Law in 2012

This could finally be the year that the public begins to see augmented reality as a serious, important technology.   Lance Ulanoff, the editor-in-chief at Mashable, certainly thinks so.  He listed AR as the first of “5 Tech Trends to Watch in 2012.”  “Trust me,” he wrote, “by 2013, you’ll be hard-pressed to find anyone who[...]

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