Erik K Pelton

FEBRUARY 2, 2021

You do not have to be making commercial use of the trademark at the time you file; you can file based on intent to use. Ideally, a business should protect its trademarks from the outset, filing as the brand launches or even earlier based on an intent to use the trademark.

Trademark 130

Trademark Registration Social Media Branding 130

JD Supra Law

FEBRUARY 20, 2023

Speakers will offer updates, case summaries, and analysis of the significant 2022 PTAB guidance, actions, and rulings.

Art 52

Art Designs Design 52

The IPKat

MARCH 21, 2024

However, the UPC CoA also found that the description and the drawings should be used as an aid to determine the scope of protection of the claims (and not just resolve ambiguities in the literal claim wording). The UPC CoA noted the mention in the prior art of detection methods carried out directly on tissues and cells ( in situ ).

Invention 57

Invention Art Patent Licensing 57

The IP Law Blog

JUNE 17, 2021

I wrote about a similar topic prior to Allegiant Air becoming the official sponsor of the Las Vegas stadium that the Raiders now call home. As a result, Starbucks will be required to file a statement of use once it has used the mark in connection with the relevant services. I’m experiencing déjà vu. They might.

Trademark 98

Trademark Branding Brands Branding 98

Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. .” Nature of Use. Amount Used. ” Huh?

Copyright 142

Copyright Social Media Fair Use Licensing 142

Intellectual Property Law Blog

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. Joint Statement at 2.

Government 237

Government Business Licensing Copyright 237

The IPKat

OCTOBER 2, 2023

The problem solution approach to inventive step employed by the EPO relies on identification of the "closest prior art" with respect to the claimed invention. In such cases, the embodiment representing the "closest prior art" may be obscure and not known to the inventors at the filing date.

Invention 70

Invention Art Publishing Patent 70

Technology & Marketing Law Blog

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. [These are my rough-draft talk notes from a recent workshop of trademark law professors.] Alibaba N.D.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

LexBlog IP

FEBRUARY 14, 2024

The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art. ” The patent owner response further argued that cited prior art Tayloe’s capacitors were not “storage elements” because they were not part of an energy transfer system. Katherin K.

Inventor 52

Inventor Patent Art Law 52

Patently-O

AUGUST 30, 2022

At some point, Genius began to suspect that Google was using the lyrics from its service and set-up some test cases that proved their suspicion. The case ties in directly to lots of academic work on the topic. 1996) was a flashpoint with its holding that contractual restrictions on the use of information was not so preempted.

Copyright Law 78

Copyright Law Copyright Law Contracts 78

U.S. Department of Commerce

OCTOBER 14, 2022

Chips and other semiconductor devices are critical components in artificial intelligence, quantum computing and other advanced technologies and are a mainstay of the consumer products we use every day. . 24, 2022, prior to enactment of the CHIPS Act. The CHIPS for America initiative includes two main components. Eastern time on Nov.

Designs 71

Designs Design Technology Registration 71

Technology & Marketing Law Blog

NOVEMBER 20, 2022

In opposition, Plaintiff argues that Defendant’s “limitation would exclude most modern advertising, the vast majority of which is delivered by search engines like Google in response to user searches for topics of interest, just as Seamless delivered its advertisement in response to a search for Mr. Spindler.” The Court agrees.

Advertising 104

Advertising Advertising Blogging Reporting 104

LexBlog IP

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. AJ Press was founded by two journalists who used to write for Politico.

Television 52

Television Trademark Registration Government 52

Technology & Marketing Law Blog

FEBRUARY 17, 2022

In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling. Even the colors used are distinct—although both Cub Club and Apple have chosen a variety of skin tones ranging from dark to light, the specific colors vary. Emojis and Intellectual Property , a brief and breezy survey of the topic.

Copyright 136

Copyright Copying Blogging Intellectual Property 136

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 48

Art Business Patent Settlement 48

SpicyIP

JUNE 17, 2022

The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Another topic of concern that this news story gives us time to ponder over, is the treatment of trademarks in the Indian insolvency process. transactions.

Trademark 126

Trademark Social Media Branding Brands 126

Technology & Marketing Law Blog

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. The court was so pumped up to resolve a novel choreography copyright case that it wanted to use the case to make a statement–even if that meant fetishizing a very short set of dance moves. Previous blog post.

Copyright 76

Copyright Blogging Music Copying 76

The IPKat

NOVEMBER 14, 2022

However the two recent posts of this very same blog, one on the preliminary opinion of EBA on plausibility (G2/21, here ), the other on the requisite of sufficiency of disclosure for a first medical use patent (T0424/21, here ) have removed any doubt on whether or not to try and cover it.

IP 76

IP Marketing Marketing Confidentiality 76

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

The topic of interest is related to both the cellular and molecular aspects of biological objects. Biotechnology helps in sustainable agriculture by solving issues related to food production in an ecological manner using genetic engineering. This leads them to think about protecting their inventions from unauthorized use.

Patent 92

Patent Inventor Invention Intellectual Property 92

The IPKat

JULY 19, 2022

The stated aim of the workshop, which took place at the end of June, was to provide users with "clarity" on description amendments in view of some recent conflicting decisions on the topic from the Boards of Appeal. The EPO has now reported that the workshop of experts "confirmed" EPO practice on description amendments.

Patent Application 131

Patent Application Reporting Advertising Advertising 131

Kluwer Copyright Blog

MARCH 19, 2024

Background Wali’s predicament started on July 2, 2022, when Kurasov wrote on his personal Facebook page: “My paintings were used in Cairo subway without my permission and even mentioning my name! […] I am waiting for an official response about the theft of my paintings in a metro station” (See here , here ).

Art 56

Art Plagiarism Artwork Graphic Design 56

The IPKat

DECEMBER 31, 2021

In the US, disclosures made by an inventor (or someone who obtained the subject-matter from the inventor), up to 1 year from the priority date, do not constitute prior art for the patent ( AIA 35 U.S.C. Back in 2019, Jeremy Corbyn's labour party pounced on a leaked dossier from the UK-US Trade & Investment Working Group.

Patent 131

Patent Inventor Patent Application Art 131

The TTABlog

JANUARY 24, 2022

The applicant's alternative Section 2(f) claim failed due in part to the same lack of exclusivity of use. The Board noted that the issues at hand, genericness and acquired distinctiveness, are interrelated in that third-party use of the same or a similar design affects each determination. In re Jasmin Larian, LLC , Serial No.

Designs 52

Designs Design Registration Music 52

The IPKat

FEBRUARY 7, 2022

The 2021 Guidelines explicitly state that "embodiments in the description which are no longer covered by the independent claims must be deleted.unless these embodiments can reasonably be considered to be useful for highlighting specific aspects of the amended claims. emphasis added). T 0471/20) (5 Jan 2022).

Invention 98

Invention Patent Application Patent Prosecution Patent 98

Kluwer Copyright Blog

MARCH 19, 2024

Background Wali’s predicament started on July 2, 2022, when Kurasov wrote on his personal Facebook page: “My paintings were used in Cairo subway without my permission and even mentioning my name! […] I am waiting for an official response about the theft of my paintings in a metro station” (See here , here ).

Art 52

Art Plagiarism Artwork Graphic Design 52

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. There are now more than 2,000,000 active U.S. trademark registrations!

Trademark 130

Trademark All Rights Reserved Registration Branding 130

TorrentFreak

MARCH 9, 2022

With hundreds of millions in potential damages at stake, ISPs try to use any and all means to fight back. RCN focuses heavily on the piracy tracking evidence from Rightscorp but has also brought up another topic; the decision by major record labels to remove DRM from the iTunes music store in 2009. However, both these efforts failed.

Music 130

Music Copying Privacy Copyright Infringement 130

LexBlog IP

NOVEMBER 13, 2023

The administration is advancing a comprehensive and coordinated approach to the safe and responsible development and use of AI and setting a marker for the world. In the coming weeks, we will dive deeper into critical topics covered by the new EO. Protect the interests of Americans using AI products in their daily lives.

Government 52

Government Reporting Technology Privacy 52

Technology & Marketing Law Blog

MARCH 2, 2023

At the time of passage, I’m not sure how many businesses were actually using contracts to control their customers’ reviews, but it was a growing trend. See this explainer I wrote after its passage. The law reversed that trend and largely (but not completely) wiped away the business practice. ” Case citation : State v.

Contracts 61

Contracts Social Media Business Blogging 61

The IPKat

FEBRUARY 16, 2024

Policy debates in the US and the EU by Anna Pokrovskaya "Reviewing" the prior art The question of whether AI can be considered a person having ordinary skill in the art (PHOSITA) in a given field is a topic of significant debate in the policy realms of both the US and the EU.

Intellectual Property 120

Intellectual Property Intellectual Property Law Art Inventor 120

SpicyIP

APRIL 10, 2024

In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. The Court also said that the use of chimneys in the invention is a mere workshop modification. However, the Court did not explain how the method claim is well known in the art or what these prior arts were.

Patent 45

Patent Cease and Desist Invention Art 45

43(B)log

NOVEMBER 13, 2023

Imprimis’s trademark survey expert (for secondary meaning) didn’t use a control group, but that went to weight rather than admissibility in the absence of other serious problems. Using hypotheticals rather than the exact statements at issue went only to weight; it was still relevant to materiality. Although 54.1%

False Advertising 71

False Advertising Advertising Advertising Government 71

LexBlog IP

APRIL 13, 2022

This article highlights for you a handful of issues that should be considered when conducting due diligence prior to the purchase or license of costly new software. Use of open source code. Existence of prior licenses. The license, then, allows developers to freely use or modify the code—even for commercial purposes.

IP 52

IP Due Diligence Ownership Licensing 52

The IPKat

JULY 25, 2021

The Tiroler Adler may fly, but the Tiroler Katze prefers to snooze The IPKat served as a platform for reporting and debate on a range of topics last week, not least through the range of guest posts published. and Yogesh Pai arguing that the exercise is futile and Murali Neelakantan and Siva Thambisetty responding.

Reporting 76

Reporting Intellectual Property Confidentiality Privacy 76

The IPKat

JANUARY 16, 2022

In January and February WIPO will host webinars on the following topics: " ISNI: Numbering public names for the creative industries ", " Rights Data and Identifiers for Musical Works and Rights Holders " and " Rights data and identifiers for performers ". What about the image rights of celebrities used in video games?

Intellectual Property 80

Intellectual Property Registration IP Copyright 80

Technology & Marketing Law Blog

MAY 17, 2022

Users can manufacture virtual items in-game, and other users can buy those items using Robux, with Roblox taking a cut of the transactions. 15 years ago, one of the buzziest cyberlaw topics was ownership of assets in virtual worlds, like property acquisitions in Second Life. This case involves Roblox, a virtual world.

Contracts 123

Contracts Publishing Licensing Editing 123

The IPKat

JULY 17, 2023

This was important because where a mark is determined to be an “expressive work”, US courts have historically applied the threshold test derived from the First Amendment in the Rogers v Grimaldi decision. The Court’s ruling Expressive work A key question for the Court to determine was whether or not Bad Spaniels is an “expressive work”.

Fair Use 52

Fair Use Trademark Designs Design 52