Intellectual Property Law Blog

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

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Patent Invention Art Patent Application 130

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Monopoly power has many defects; here the anti-innovation face of monopoly also appears as misleading advertising.)

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False Advertising Marketing Marketing Advertising 64

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. And with patents, the only protection arises when the USPTO issues a patent on an invention.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

TorrentFreak

JANUARY 16, 2023

While many of these were subsequently blocked, new ones continue to pop up, as do sites that provide an overview of the latest working proxies. It provides links to the latest Pirate Bay proxies and also shares information on how people can start a proxy of their own. “The Proxy Bay” falls in the latter category.

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Music Intellectual Property Copyright Copyright Infringement 128

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. © 2022 Erik M.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IPilogue

JANUARY 21, 2022

Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. Many argue that mere gameplay or one’s “style of playing” is comprised of too much spontaneity , that it cannot be reproduced , or that it is too general/abstract to be protected by copyright.

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Publishing Intellectual Property IP Copyright 110

LexBlog IP

MARCH 29, 2023

We spoke with innovators in the extraction, testing, and humidity controlled storage space who have successfully obtained patent protection on their developments around cannabis. As these patents are not claiming the cannabis product themselves, they are not barred by federal law. through licensing patented technology).

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IP Trademark Advertising Advertising 52

TorrentFreak

SEPTEMBER 3, 2023

In a response to the US Patent and Trademark Office’s (USPTO) inquiry about future anti-piracy strategies and policies, Google stresses that the availability of legal content is key. Preemptive Takedowns This doesn’t mean that Google actually removed that many URLs from its search index.

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Reporting Copyright Music Advertising 123

Kashishipr

JULY 13, 2022

Therefore, it won’t be wrong to admit that many legal issues need to be addressed in these fields, and many more are yet to be explored as the two technologies evolve. With the rapid innovation of AR technology and its growing commercial use, there seem to be many potential IP issues arising in this field.

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Intellectual Property IP Copyright Infringement Copyright 72

IIPRD

NOVEMBER 22, 2023

They by using social sites such as Instagram, Facebook, YouTube, Twitter, Snapchat , and many other,create ad revenue, brand endorsement prospects, as well as other income sources. As a result, it is crucial to learn how to safeguard IP. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

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Social Media IP Intellectual Property Copying 59

IP and Legal Filings

JANUARY 10, 2023

The metaverse is here, and it’s not only transforming how we see the world but how we participate in it – from the factory floor to the meeting room” – Satya Nadella. At present, many companies are implementing the concept at a micro level to study the pros and cons of the same. Introduction. Image Source : Shutterstock].

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Intellectual Property Invention Trademark Government 59

LexBlog IP

MAY 30, 2023

Taco Bell — infamously known for their late-night hours and cheesy goodness, has recently filed a petition with the US Patent and Trademark Office to cancel the trademark “Taco Tuesday,” used by their rival chain company Taco John’s for the last 34 years. Many of the comments are supportive of liberating the term.

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Trademark Business Advertising Advertising 52

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. How do you protect a website? Final act: will the Supreme Court lend bullfighting a helping hand?

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Blogging IP Advertising Advertising 52

TorrentFreak

JANUARY 26, 2024

How many people were cautioned for viewing illegal streams? For questions 4, 5 & 6, how many were supplying illegal streams digitally? Ordinarily under our Section 16 duty to provide advice and assistance, we would advise you how to refine your request to a more manageable level.

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Web Development Reporting Copyright Editing 94

IPilogue

OCTOBER 6, 2021

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The German Patent and Trade Mark Office (DPMA) has repeatedly denied Munich the trademark. As imagined, this event angered many Germans. The Uphill Battle of Trademarking the Term “Oktoberfest”.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

43(B)log

AUGUST 3, 2023

How do other areas of law treat relevance of death? So too w/false advertising. Need and precedent: how is AI being used to reanimate people? Advertising: false endorsement potential. We can at least fight how we structure the rules of postmortem ROP when it’s only found in about half the states. Body parts.

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Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 24, 2024

We like how they sort us/how we get to identify with them? How much of that is cultural? Other examples: design patent, as Sarah Burstein has writte n. Platforms don’t disclose how many invalid notices they get. One to many: hard to figure out whether to worry more about over or underenforcement.

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Fair Use Branding Brands Branding 45

43(B)log

JUNE 20, 2023

Vision Elements also used “Competitor Solvent Extraction Method” at trade shows, a document that includes a cover page of a patent assigned to MacuHealth’s LMZ carotenoid supplier, and compares that patent’s use of hexane as an extraction solvent to the use of supercritical CO2 extraction techniques.

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Advertising Advertising Litigation False Advertising 59

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. As the U.S. Copyright Office.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

LexBlog IP

AUGUST 23, 2023

Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. This, of course, begs the question of how to evaluate inherent distinctiveness in this unusual context. See Figure 2. The TTAB was unmoved.

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Designs Design Advertising Advertising 52

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. For example, trade secret protection might be considered to protect confidential information or know-how which has some commercial value. However, in the UK, we don’t grant design utility patents.

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Designs Design Music Invention 52

LexBlog IP

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

Patent 52

Patent Invention Art Intellectual Property 52

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. Here, the court denied Monster’s motion for partial summary judgment on the false advertising claim.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Kashishipr

OCTOBER 13, 2021

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application? Another preferable step could be the filing of a provisional patent application.

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Patent Application Patent Inventor Invention 105

LexBlog IP

OCTOBER 19, 2021

While other forms of protection such as patents, copyrights, and trademarks require upfront costs and disclosure of some sort, trade secrets do not. Arguably, the secret recipe is the most valuable piece of information KCF has.but how should the company protect it? Moreover, KFC wouldn’t want to advertise with its secret recipe.

IP 52

IP Copyright Trademark Advertising 52

The IPKat

OCTOBER 2, 2023

We are now awash with companies claiming to provide LLM software capable of drafting, prosecuting and challenging patents. This post will instead focus on the potential short to medium term impact of LLMs on the patent profession. Patent drafts and office actions follow a distinct format and style.

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Patent Drafting Patent Invention Technology 73

LexBlog IP

MAY 2, 2023

Many employees are experimenting with AI in connection with their work. As a result, many companies are developing corporate policies on employee use of AI. Patent and Trademark Office have developed initiatives to focus on IP issues with AI. If you have not done so yet, now is a good time to get started. ” AI RMF 1.0

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Government Business Copyright Licensing 52

IP and Legal Filings

AUGUST 4, 2022

Black’s Law Dictionary defines intellectual property as “a commercially valuable product of the human intellect, in a concrete or abstract form such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret.” In 2021, the global travel and tourism sector contributed over 5.8 billion USD to the GDP.

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Intellectual Property Law Intellectual Property Law Social Media 78

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. Prior to the expiration of the patent, however, three of the strains listed in the patent were reclassified as different strains from different species. ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, F.Supp.3d

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. First Time Interpreting Patent Agent Privilege.

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IP Copyright Infringement Inventor Intellectual Property 106

Velocity of Content

FEBRUARY 7, 2023

The following is an excerpt from Accessing and Analyzing Relevant Content in Today’s Information Chaos. As consumers, we experience personalization daily via targeted online advertising while browsing or in our social media accounts. According to the latest data , approximately 8.5 billion searches are conducted each day on Google.

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Technology Social Media Marketing Marketing 98

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” But how do we know a mug’s not expressive? Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IPilogue

JULY 29, 2021

This allows them to get a better idea of where they want to apply and how to best tailor their applications to specific firms. The panelists discussed many values underlying the firm’s culture, from collaboration to wellness and mental health awareness, to diversity and inclusion. What is Life Like at Bereskin & Parr?

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IP Law Advertising Advertising 106

LexBlog IP

DECEMBER 26, 2023

Rights to AI-generated content, and to content made on creative platforms, aren’t always easy to understand, and they have a big impact on how you can use it and if and how you can protect it. Can you use it in the ways you want to? There have been some court decisions on this precise topic, but the law is not completely settled.

Designs 52

Designs Design Trademark Copyright 52

Larson & Larson

DECEMBER 13, 2022

There are many things to consider when applying for a trademark, but the process can be daunting. The first step is to file an application with the USPTO (United States Patent and Trademark Office). A specimen is simply a physical example of how you’re using the trademark. Considerations for Applying for a Trademark.

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Trademark Registering Trademarks Designs Design 40

JIPL Online

APRIL 9, 2021

vi] This balancing and weighing are central in many, if not most, tests for efficiency. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] Getty Images, like many other corporations, cite a duty to the artists that they represent in order to justify the costs.

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Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Nominal damages are often a species of general damages.

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IP Licensing Law Reporting 90