Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. ” More than 100 comments were submitted. ” More than 100 comments were submitted. trademarks for clients who are overwhelmingly small businesses.

Government 147

Government Business Trademark Blogging 147

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.

Government 237

Government Business Licensing Copyright 237

LexBlog IP

DECEMBER 31, 2023

In 2024, the trademark process timeline to registration can take between twelve to eighteen months at the United States Patent and Trademark Office (“USPTO”). That is why it is crucial to have an experienced trademark attorney file a trademark for you.

Trademark 52

Trademark Registration Publishing Branding 52

Traverse Legal Blog

APRIL 19, 2022

What happens when someone registers your trademark or personal name on these web3 extensions? Let’s talk about trademark protection and domain names. If you are a brand or trademark attorney, you may already know about cybersquatting. How to Protect Your Trademark from Web3 Cyberquattting.

Branding 140

Branding Brands Branding Trademark 140

43(B)log

FEBRUARY 2, 2024

We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. But it’s narrow protection b/c there are no choices. Will companies rely on such limited protection? Enforced w/penalties, including litigation/whistleblower protections.

Social Media 59

Social Media Government Editing Litigation 59

Patent Trademark Blog

JUNE 20, 2023

Some argue that fixed fee patents do not provide a good value. Patent lawyers may be tempted to bill more hours in working on a patent application. Common sense would dictate that value is determined by the price paid for the benefit of a service received. The price paid must be gauged in relation to the benefit received.

Patent Application 52

Patent Application Patent Art Designs 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There have been some court decisions on this precise topic, but the law is not completely settled.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

SEPTEMBER 6, 2023

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark.

Trademark 52

Trademark Registration Ownership Business 52

SpicyIP

JANUARY 20, 2024

Source – From Flickr’s Kevin Lim “Are Some Scholars More Equal than Others?,” One of the things we were told to keep in mind, was to ensure that scholars from the Global South received appropriate visibility. And finding works from women scholars from this region was even more difficult.

Government 112

Government IP Intellectual Property Reporting 112

TorrentFreak

FEBRUARY 24, 2023

By offering free localization and distribution services in what was once a chronically underserved overseas market, hobbyist translators and pirate sites made manga more accessible in every way. Even at this early stage, some of the pirate sites had moved to new domains. Those domains – gokumanga.com and doki1001.com

Publishing 120

Publishing Advertising Advertising Music 120

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. BOOKING.COM refers to some specific entity.” The Decision.

Trademark 98

Trademark Registration Trademark Law Advertising 98

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. In other words, the law will produce outcomes that are directly opposite to what we want from Congress.

Trademark 137

Trademark False Advertising Advertising Advertising 137

IPilogue

NOVEMBER 9, 2021

Moving into my dorm at Osgoode was even more exciting when I realized I could welcome some new sprouts and furnish the space accordingly. Coming out at the other side of that late-night exploration, I’m reassured that plant enthusiasts, horticulture forum users, and budding plant parents like me will not face grave repercussions.

Patent Law 106

Patent Law Law Patent Marketing 106

Patent Trademark Blog

JUNE 9, 2022

Claims in a US patent filing may include diagnostic steps, but something more is required. When claims recite only diagnostic steps without including steps for treatment, then such claims are ineligible for patent protection. Avoid claims that recite taking diagnostic steps and merely comparing results without doing more.

Patent 52

Patent Inventor Patent Application Confidentiality 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

This part debunks some of the myths that have grown up around the hiQ case during the years of judicial confusion it has caused.]. Not only that, but he also seems nice, and I’ve seen others riff off this meme, and so I am cautiously optimistic that he’ll let me do the same. Many websites don’t have IP worth protecting.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Patent Trademark Blog

JUNE 15, 2023

Some say patents are worthless. Others say patents matter. And, if getting a patent is worth some amount of your money and time, how do you proceed responsibly without spending too much before your product even shows potential? On the other hand, you cannot wait too long before forfeiting potential patent rights.

Design Patent 52

Design Patent Patent Patent Application Designs 52

SpicyIP

OCTOBER 6, 2023

Despite all the commentary on the case, it seems to have largely escaped notice that some identical ‘photos’ shown in court, are actually screengrabs of videos that are substantially different from one another, both telling different stories, but which have a few overlapping (i.e. identical) video moments.

Ownership 105

Ownership Business Copyright Copyright Infringement 105

azrights

JUNE 19, 2023

The company tried in vain to register Clubcard as a trademark. Unless a business has intellectual property protecting its innovation, such as a trademark, patent, copyright, design, or trade secret, competitors are free to copy its differentiation strategy immediately. The brand name is a prime way to protect innovations.

Branding 52

Branding Brands Branding IP 52

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . related to commercializing other creative works.

Ownership 115

Ownership IP Non-Fungible Tokens Technology 115

LexBlog IP

DECEMBER 6, 2022

Arbitrary trademarks are common dictionary words that are unrelated to the goods or services sold under the trademark. An arbitrary trademark is one of five other United States Patent and Trademark Office (“USPTO”) trademark types. Other types include: Fanciful (or “Coined”).

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

JUNE 3, 2022

At the end of last month, the United States Patent and Trademark Office (“USPTO”) released a guide clarifying how they were approaching the refusals of applied-for marks that could be generic. But what does this mean for trademark applicants at the USPTO? You Should Expect More Genericness Refusals.

Trademark 52

Trademark Registration Marketing Marketing 52

SpicyIP

JANUARY 4, 2023

An extreme reading of the text of the majority view, although improbable to be accepted, would be- the decision extends protection of Fundamental Rights (FRs) against private legal persons as well. However, this escape is a mistake of (i) reading, and more importantly of (ii) writing. State of U.P. Flaws of the Majority.

Copyright Law 105

Copyright Law Copyright Law IP 105

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. It’s usually on the receiving end of the “I came up with it first!” When it comes to copyright cases, Netflix has seen stranger things. on July 26, 2022.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

43(B)log

FEBRUARY 15, 2022

24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. Benefit to the defendant, the court says, is not itself harm to the plaintiff—see also this recent Note on trademark standing by my former student Lauren Bilow.

Advertising 52

Advertising Advertising Business Reporting 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). That’s—that’s why we won below. VIP Products LLC. BLATT: Absolutely.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

APRIL 23, 2022

There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” ” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” A video of me explaining the trademark classes. What Are Trademark Classes?

Trademark 52

Trademark Business Music Advertising 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). .” That’s—that’s why we won below.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

JULY 14, 2023

We esteemed each other, had many long conversations, and I miss him. That’s right, because he focused more on patents — their ever-greening, their negative social impact — where facts are your primary weapons. Some authors, like Defoe, Dickens, or Wordsworth, were vocal about their rights, but they made no legal impact.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

LexBlog IP

DECEMBER 30, 2021

There are 45 total International Trademark Classes. The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.

Trademark 52

Trademark Business Cinema Music 52

LexBlog IP

DECEMBER 3, 2021

The shift to online marketplaces has created an incredible boom for some, and significant loss to others. Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

LexBlog IP

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.

Government 52

Government Business Copyright Licensing 52

43(B)log

FEBRUARY 22, 2022

The other sessions overlapped with my teaching, unfortunately, including Register Perlmutter’s opening remarks. 11:00AM – 12:30PM Session 2 Meta, Rob Arcamona: Meta takes © and creativity very seriously, developed content protection tools beyond legal obligation. Large part of what makes developer community from other communities.

Copyright 45

Copyright Fair Use Music Licensing 45

LexBlog IP

OCTOBER 25, 2023

After reading a book, Philipose explains to Ammachi, “I’ve lived through three generations and learned more about the world and about myself than I do during a year in school. Ahab, Queequeg, Ophelia, and other characters die on the page so that we might live better lives. ” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

SpicyIP

MARCH 30, 2023

Consequently, the court on March 15, 2023 directed Rathee to remove some allegedly disparaging parts of the video. The rationale for this order was that the video contravenes section 29(9) of the Trademarks Act and is targeted towards ‘Real’.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

LexBlog IP

SEPTEMBER 8, 2021

Patent and Trademark Office gave away process patents like candy. Generally, almost anything that you can physically hold will be considered useful, and even some things that you can’t hold will be considered useful. First off, the podcast host suggested that the U.S. In reality, what is patentable is set out by statute.

Patent 52

Patent Invention Intellectual Property Inventor 52

43(B)log

FEBRUARY 17, 2022

Because the supplement facts here are less generalizable than the survey methodologies, I will try to skip over lots of detail, but a fair amount of the detail is legal. ChromaDex used to just supply ingredients to others, but it launched Tru Niagen, a DTC supplement whose active ingredient is Niagen. 17-cv-7394 (LJL) (S.D.N.Y.

Advertising 80

Advertising Advertising False Advertising Marketing 80