Erik K Pelton

SEPTEMBER 9, 2022

The following is an edited transcript of my video Trademarks in the Cloud. The USPTO recently phased out issuing trademark registration certificates on paper to all registrants automatically, and are instead issuing them electronically. When I launched the firm in December of 1999, the first applications I filed were on paper, and this provides me the opportunity now to look both forward and backward on this topic.

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Registration Trademark Copying Editing 147

TorrentFreak

SEPTEMBER 9, 2022

Last fall, movie director Quentin Tarantino announced that he would auction ‘Pulp Fiction’ NFTs to the public. These NFTs would unlock handwritten scripts and exclusive custom commentary from Tarantino, assets that many fans would like to get their hands on. NFTs are not without copyright issues, however, as Quentin Tarantino swiftly discovered. Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement.

Non-Fungible Tokens 129

Non-Fungible Tokens Copyright Settlement Copyright Infringement 129

McKinsey Operations

SEPTEMBER 9, 2022

Scooter skeptic? Think again. Micromobility is gaining favor with consumers worldwide—and may fast become a mainstay of urban transportation.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’ “claims are based on Apple’s part in authorizing and negligently distributing a ‘phishing’ / ‘spoofing’ app in its App Store, the Toast Plus application, while continuing to affirmatively repres

False Advertising 112

False Advertising Privacy Publishing Advertising 112

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

Technology

IPilogue

SEPTEMBER 9, 2022

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. How similar is too similar? Television producers need to be careful to ensure that they are not mimicking real-life businesses too closely to offer their fictitious shows some realism. According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax.

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Trademark Public Domain Television Fair Use 106

Olartemoure Blog

SEPTEMBER 9, 2022

09/08/22 – Corporate. The Center of Arbitration of the Bogota Chamber of Commerce launched a new arbitration service for corporate and business disputes. This service aims to offer a specialized and exclusive resolution of legal conflicts arising from contractual transactions and conflicts delivered from strategic alliances between companies. The Center appointed a panel of arbitrators with extensive experience and recognition in this type of conflict, guaranteeing top experts to atten

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Intellectual Property Inventor Government Technology 105

JD Supra Law

SEPTEMBER 9, 2022

Earlier today, the National Academy of Inventors (NAI) and the Intellectual Property Owners Association (IPO) published their annual list of the top 100 worldwide universities that received the most U.S. utility patents during the 2021 calendar year. The NAI is a member organization comprising U.S. and international universities, and governmental and non-profit research institutions, with over 4,000 individual inventor members and Fellows spanning more than 250 institutions.

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Inventor Intellectual Property Patent Publishing 98

IPilogue

SEPTEMBER 9, 2022

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. In a recent installment in the series of intellectual property disputes in the music industry, electronic artist Four Tet, also known as Kieran Hebden, has won a royalty lawsuit against his independent British record label, Domino Record Label, over how much he is paid every time one of his songs is downloaded or streamed.

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Music Intellectual Property Contracts Settlement 104

JD Supra Law

SEPTEMBER 9, 2022

The US Patent & Trademark Office (PTO) denied registration of several US trademark applications for the mark F**K, even though the applicant had overcome a prohibition on the registration of “immoral or scandalous” trademarks as a violation of the First Amendment in the Supreme Court’s 2019 decision in Iancu v. Brunetti. The applicant also had previously secured registration of the mark FUCT.

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Trademark Registration Patent 98

IP Law 360

SEPTEMBER 9, 2022

While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

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Social Media 98

Advertiser: IPO

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

Patent

JD Supra Law

SEPTEMBER 9, 2022

(August 18, 2022) The Federal Circuit has affirmed that Eagle Pharmaceuticals, Inc. did not infringe Par Pharmaceutical, Inc. patents, easing Eagle’s path to market a generic competitor to Par’s Vasostrict®.

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Marketing Marketing Patent 98

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia was a LoanStreet employee. He was allegedly fired for cause. Troia posted disparaging comments about LoanStreet at Glassdoor.com, Reddit.com, and Teamblind.com. He then worked to boost the posts’ visibility, including: the posts asked users to “follow [his] link and mark it as helpful so that the message is amplified and as many people are warned as possible.”. he “tagged the personal LinkedIn profiles of LoanStreet employees on the posts, which spurred a flurry of hate message

False Advertising 97

False Advertising Advertising Advertising Trademark 97

JD Supra Law

SEPTEMBER 9, 2022

ARENDI S.A.R.L. v. LG ELECTRONICS INC. - Before Prost, Chen, and Stoll. Appeal from the U.S. District Court for the District of Delaware. - Summary: Under the duplicative-litigation doctrine, a party cannot maintain two separate actions involving the same subject matter, at the same time, in the same court, and against the same defendant.

Litigation 97

Litigation 97

IP Law 360

SEPTEMBER 9, 2022

The Federal Circuit on Friday became the latest government institution to resume operations as they were before the start of the COVID-19 pandemic, give or take a few extra N95 masks, citing "recent changes to public health guidance and conditions within Washington, D.C.

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Government 96

McKinsey Operations

SEPTEMBER 9, 2022

McKinsey reveals 35 cutting-edge companies in the industrial tech sector, highlighting a robust “titanium economy” that creates American jobs and fuels innovation through sustainable, inclusive growth.

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Technology 93

Patently-O

SEPTEMBER 9, 2022

by Dennis Crouch. In re Smith , 22-1301 (Fed. Cir. Sept 9, 2022) (nonprecedential). . Smith is a short opinion affirming the USPTO’s refusal to issue Jason Smith’s patent on eligibility grounds. The invention is a software method that allows customers to purchase assets from multiple vendors. The Board rejected the claims as directed to the abstract idea of “storage, organization, and display (e.g., retrieval) of data, which has consistently been held. to constitute an abstra

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Invention Patent IP Law 80

McKinsey Operations

SEPTEMBER 9, 2022

Forces are converging to challenge healthcare affordability and access, and industry economics. Opportunities abound for leaders to drive rapid, at-scale innovation to usher in a brighter future.

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IP Law 360

SEPTEMBER 9, 2022

The Patent Trial and Appeal Board has invalidated all the challenged claims in a Philip Morris e-cigarette patent in a review initiated by R.J. Reynolds, finding they were obvious.

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Patent 75

McKinsey Operations

SEPTEMBER 9, 2022

Successful cloud migrations depend on knowing where the value for insurance lies in cloud and on business and IT working together.

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Business 104

U.S. Department of Commerce

SEPTEMBER 9, 2022

Deputy Secretary of Commerce Don Graves Address on 9/11 Day of Service. September 9, 2022. KCPullen@doc.gov. Fri, 09/09/2022 - 12:30. Photo of the Tribute in Light at the 9/11 Memorial & Museum in New York City. Deputy Secretary of Commerce Don Graves Address on 9/11 Day of Service. Read Transcript. This Sunday, our nation will mark 21 years since the tragic attacks of September 11.

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IP Law 360

SEPTEMBER 9, 2022

A Massachusetts-based Jewish group hit Sabra with a federal suit on Friday, claiming that the food products company continues to label its hummus as "kosher" despite using ingredients outside the parameters of the traditional Jewish diet.

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IP Watchdog

SEPTEMBER 9, 2022

This week in Other Barks & Bites: former Federal Circuit Chief Judge Randall Rader urges inventors to pursue changes to flawed Federal Circuit case law; Federal Circuit Chief Judge Kimberly Moore opines that the patent dispute between Apple and VirnetX may never end during oral arguments; Tesla seeks relief from Texas property taxes to build the first lithium refining plant in North America; Teva files a reply brief with the Supreme Court asking the nation’s highest court to review the Fede

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Journalism Inventor IP Copyright 69

IP Law 360

SEPTEMBER 9, 2022

The past week in London has seen Pfizer and BioNTech seeking a declaration that their COVID-19 vaccine doesn't infringe CureVac's European patents, Zurich Insurance suing those caught up in a superyacht fire in a limitation of liability claim, and British vodka brand Au Vodka suing its rival in a trademark claim.

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Litigation Branding Brands Branding 75

IP Watchdog

SEPTEMBER 9, 2022

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal on September 7 granted sua sponte Director Review and affirmed a Patent Trial and Appeal Board (PTAB) decision denying rehearing of the Board’s decision not to institute a request for inter partes review (IPR) by NXP USA, Inc. The ruling clarified that Sotera-type stipulations submitted after an institution denial cannot serve as a basis for granting rehearing.

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Art Patent Trademark Government 69

IP Law 360

SEPTEMBER 9, 2022

Sony Music and artist Chris Brown have been dropped from a songwriter's copyright suit in Florida federal court over lyrics in chart-topper "No Guidance" after reaching an undisclosed stipulation, bringing an end to the case.

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Music IP Copyright 75

IP Watchdog

SEPTEMBER 9, 2022

Inventor Gilbert Hyatt, who has been embroiled in litigation with the United States Patent and Trademark Office (USPTO) for decades, lost his latest case at the U.S. Court of Appeals for the Federal Circuit (CAFC) when the court ruled today that an examiner’s restriction requirement was permitted under 37 C.F.R. § 1.129 (“Rule 129”). The case relates to Hyatt’s U.S.

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Patent Application Inventor Litigation Patent 69

IP Law 360

SEPTEMBER 9, 2022

Miramax has settled its copyright suit against filmmaker Quentin Tarantino over his plan to auction off exclusive scenes from the movie "Pulp Fiction" as nonfungible tokens.

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Copyright 75

IP Close Up

SEPTEMBER 9, 2022

The author of a new book who was previously accused of employing junk economic science says that software ownership is damaging innovation and impeding U.S. competition. Continue reading.

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Ownership Patent Troll Litigation Patent 92

IP Law 360

SEPTEMBER 9, 2022

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Dallas Mavericks basketball star Luka Doncic is seeking to cancel a trademark registration on his name that is owned by his mother — plus three other cases you need to know.

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Branding Brands Branding Registration 75

IAM Magazine

SEPTEMBER 9, 2022

A Dutch sales ban follows a series of German victories for the Finnish company

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Patent 98

IP Law 360

SEPTEMBER 9, 2022

Miley Cyrus was hit with a copyright infringement suit alleging that she posted a photographer's image of her to her Instagram account without permission.

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Copyright Infringement Copyright 75

Trading Secrets

SEPTEMBER 9, 2022

On September 1, 2022, Representative Mike Garcia (CA-25) introduced H.R. 8755 , titled The Restoring Workers’ Rights Act (the “RWRA”), which would effectively ban non-compete agreements for non-exempt (low-to-mid wage) employees nationwide. If enacted, the RWRA would follow similar legislation in states such as Illinois , Colorado , Washington , and others that have imposed statutory income minimums that must be met in order for employers to bind employees to post-employment restrictive covenant

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Confidentiality Law 59

Likelihood of Confusion

SEPTEMBER 9, 2022

Like it or not, big changes are coming to the Google Analytics platform. The current version of Google Analytics will sunset in favor of Google Analytics 4. Is your privacy. The post The New Google Analytics is Coming. Is Your Privacy at Risk? appeared first on LIKELIHOOD OF CONFUSION™.

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Privacy 59

Patently-O

SEPTEMBER 9, 2022

by Dennis Crouch. Inaction is generally defined as “the lack of action.” The two terms are antonyms. Still, courts regularly find that–at times–inaction constitutes action. Most of us learned in criminal law about crimes of omission where the actus reus is the “failure to perform a legal duty even when one has the capacity to do so.” The Federal Circuit performed this analysis in its recent decision in Gilbert Hyatt v.

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Invention Patent Application Patent Government 60

Trading Secrets

SEPTEMBER 9, 2022

On September 1, 2022, Representative Mike Garcia (CA-25) introduced H.R. 8755 , titled The Restoring Workers’ Rights Act (the “RWRA”), which would effectively ban non-compete agreements for non-exempt (low-to-mid wage) employees nationwide. If enacted, the RWRA would follow similar legislation in states such as Illinois , Colorado , Washington , and others that have imposed statutory income minimums that must be met in order for employers to bind employees to post-employment restrictive covenant

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Confidentiality Law 52