Fri.Aug 26, 2022

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The Recipe for Strong Trademark Protection

Erik K Pelton

The following is an edited transcript of my video The Recipe for Strong Trademark Protection. The recipe for strong trademark protection is a very simple one. What you need for strong trademark protection is a creative and unique name, register it with the USPTO, use that brand name properly, and enforce and renew it as needed. The ingredients for this recipe are very straightforward and there’s just four of them.

Trademark 147
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Metadata Ruling Gives YouTube a Timely Boost in Content ID Lawsuit

TorrentFreak

Many digital file formats allow creators to embed additional data to provide details of ownership or any other relevant information. This metadata might include the name of the person who created the file but it can be much more comprehensive. Photographs may carry metadata identifying the exact location where they were taken, while MP3 files could include the title, artist, album, track number, and BPM, to name just a few possibilities.

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Moderna sues Pfizer, BioNTech over COVID-19 mRNA Vaccine Patents

IP Watchdog

Moderna sues Pfizer and BioNTech over the mRNA vaccine patents behind the COVID-19 vaccines. Moderna is not seeking to remove Comirnaty® from the market and is not asking for an injunction to prevent future sale, nor damages related to Pfizer's sales for any COVID-19 vaccine used in 92 low- and middle-income countries. Moderna is represented by Wilmer Cutler Pickering Hale and Dorr.

Patent 111
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OM Weekly Digest 08/25/22

Olartemoure Blog

08/25/22 – IP Transfer. Colombia’s Sci-Tech Ministry most recently regulated the creation of Spin-Off companies, fostering Innovation, Science and Technology in Higher-Education Institutions. This new regulation establishes four types of spin-off companies that were not defined in current Law. It now opens up new resources for Spin-Off companies thus allowing these organizations to apply for Colombian tax benefits.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Instagram and Facebook Users Are Engaging in Copyright Infringement?!

IPilogue

Raenelle Manning is an IPilogue Writer and 2L J.D Candidate at Osgoode Hall Law School. If you have ever incorporated music into your Instagram or Facebook videos, you may have committed copyright infringement. But don’t worry, you won’t need to get a lawyer! On July 20 th , 2022, Meta Platforms Inc. (“Meta”) was hit with a $142 million lawsuit. The suit was filed in California Northern District Court by Swedish music label and publishing company, Epidemic Sound.

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Trademark Protection in the Metaverse Perspective

JD Supra Law

In recent years, “metaverse” is a trending topic in the high-tech field. On October 28, 2021, the famous social media company “Facebook” officially announced its change of name to “Meta” and vowed to stake all its future to the virtual reality business. Subsequently, more and more companies are investing or extending their business to the "metaverse" field.

More Trending

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Penguin Genetics Suggests Complex History

JD Supra Law

Penguins are unique among bird species, having lost the ability to fly more than 60 million years ago and adopting a "hyperspecialized marine body plan" consistent with their unique habitat in the higher latitudes of the Southern Hemisphere. Key geological events are believed to be in part responsible, with major climate oscillations that led the penguins to find ecological refuge and then recolonize previous niches.

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Another Tough Ruling for People Search Databases–Camacho v. Control Group Media

Technology & Marketing Law Blog

This is another people search case with another rough outcome for defendants. If the defendants in these cases don’t get relief on appeal, I don’t know how the people search and yearbook industries are going to survive. [Note: this opinion is over 25,000 words long, which helps explain why it’s taken me until now to blog it. These people search/yearbook opinions are tough on bloggers too!].

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Egypt Continues Sports Piracy Crackdown, But The Main Target Remains

TorrentFreak

The Alliance for Creativity and Entertainment (ACE) is the most active anti-piracy coalition, assisting enforcement efforts around the world. The group is backed by prominent rightsholders such as Apple, BBC, Canal+, Disney, Sky, Netflix, and Warner Bros, as it systematically hunts down key piracy players. Earlier this year ACE expanded its scope into the sports arena by adding sports broadcaster beIN to its list of members.

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Remote litigation divide may shape court selection: counsel

Managing IP

Litigators debate what proceedings are best done remotely and whether courts’ differing approaches will affect forum shopping.

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IPO Diversity in Innovation Toolkit

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.

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Calif.'s Organic Cannabis Program: Issues And Opportunities

IP Law 360

As consumers drive demand for clean cannabis, California is ramping up its program to certify certain cannabis goods with a comparable-to-organic seal, offering companies an opportunity to compete in a crowded marketplace and with purveyors of federally legal products like hemp, say attorneys at the Law Offices of Omar Figueroa.

Law 75
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Taking the pulse of shifting supply chains

McKinsey Operations

Our latest survey shows global supply chains on the move.

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Ford's $1.7B Trial Loss Puts Spotlight On Hush Deals, Ga. Law

IP Law 360

A Georgia jury's $1.7 billion punitive damages verdict against Ford Motor Co. over a fatal rollover collision shines a light on an alleged defect that previously has resulted in confidential settlements. But the award may not stick, attorneys told Law360, especially if a Georgia law prompts a post-trial settlement.

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"EL CABO" Character Name in TV Show Fails to Function as a Source Indicator for Entertainment Services

The TTABlog

Continuing our scintillating series of failure-to-function rulings, the Board affirmed a refusal to register the proposed mark EL CABO , in standard character and composite form (shown below), for entertainment services. The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services.

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Law Of The Case Is More Nuanced Than You May Think

IP Law 360

The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

Law 75
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Huawei outspends rival telecoms innovators on R&D

IAM Magazine

Although the Chinese giant is currently number one, doubts have been raised as to whether its current levels of investment are sustainable

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3 Questions As Moderna Wages COVID Patent Attack On Pfizer

IP Law 360

Moderna's suits accusing Pfizer of infringing patents related to mRNA vaccine technology on Friday set the stage for courts to review the role of no-sue pledges such as the one Moderna made in October 2020 as well as whether the biotechnology giant should have patents in the first place.

Patent 75
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comparison charts might infringe if lacking a disclaimer

43(B)log

Penn Engineering & Mfg. Corp. v. Peninsula Components, Inc., 2022 WL 3647817, No. 19-513 (E.D. Pa. Aug. 24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. The parties compete in the industrial fastener market.

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Brand Battles: Yuga Labs Takes Aim At Another 'Bored Ape'

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the creator of Bored Ape Yacht Club nonfungible tokens is seeking to block a company's attempt to register the term "Bored Ape" as a trademark — plus four other cases you need to know.

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Moderna v. Pfizer

Patently-O

by Dennis Crouch. I just talked about the new Moderna v. Pfizer patent infringement lawsuit with my patent class. I showed them Claim 1 of asserted US10898574. One student who has some biotech background offered the insight: “Wow, that claim is really broad … effectively covers the industry standard.” Read the Complaint. Asserting U.S.

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Google Pushes Back At YouTube 'Shorts' TM Claim

IP Law 360

Google is denying that the branding for its new YouTube Shorts video platform infringes trademarks owned by film distributor ShortsTV, asking a London court to invalidate the registrations.

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Best of 2009: The best of the best. Of the bestest.

Likelihood of Confusion

Only Marc Randazza can put certain things in certain ways — and on those occasions when he’s actually right (like when he’s discussing law and not politics! ;-)), man, he’s. The post Best of 2009: The best of the best. Of the bestest. appeared first on LIKELIHOOD OF CONFUSION™.

Law 52
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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen easyJet’s parent company jetting off in a trademark claim against an auctioneer, law firm Hamlins facing a professional negligence claim from an events management company, and London-based digital bank suing Simmons & Simmons. Here, Law360 looks at these and other new claims in the U.K.

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Alvotech Initiates Confirmatory Patient Study for AVT03, a Proposed Denosumab Biosimilar

LexBlog IP

Alvotech announced this week the initiation of a confirmatory patient study for AVT03 (denosumab), a biosimilar candidate to PROLIA® and XGEVA®, to demonstrate clinical similarity to PROLIA® in terms of efficacy, safety, immunogenicity, and pharmacokinetics in postmenopausal women with osteoporosis. According to Alvotech, the results from this trial will be used to support additional indications for AVT03 to XGEVA® based on extrapolation.

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Epic Shakes Choreographer's Fortnite Dance Copyright Row

IP Law 360

A California federal judge has agreed to throw out a choreographer's copyright suit against Epic Games over an animated dance in the multiplayer game Fortnite, determining that the works don't share enough similar creative elements.

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The Briefing by the IP Law Blog: Miami Dolphins Coach Gets Sacked on Motion to Dismiss

LexBlog IP

In this episode of T he Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright infringement dispute between a sports psychologist and Miami Dolphins defensive back coach Gerald Alexander. Listen to the podcast version of this podcast episode here.

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Trademark Dispute Over 'BOLT' Vape Products Dropped

IP Law 360

A California e-liquid company and another firm settled claims over the use of "BOLT," including claims about a cease-and-desist warning sent to a distributor.

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The Matrix of Guardrails for the Metaverse Grows (Plus Weekend Movie Viewing Recommendations)

LexBlog IP

We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world. And the regulators and watchdogs are already thinking about how we can protect the kids when they venture not outside in the real world but inside to the parallel online metaverse. On Aug. 23, the BBB National Programs’ Children’s Advertising Review Unit ( CARU ), the self-reg watchdog responsible for monitoring ads direct

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The Briefing by the IP Law Blog: Miami Dolphins Coach Gets Sacked on Motion to Dismiss

The IP Law Blog

In this episode of T he Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright infringement dispute between a sports psychologist and Miami Dolphins defensive back coach Gerald Alexander. Listen to the podcast version of this podcast episode here.

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5 Businesses to Avoid Opening During a Recession

Legal Zoom

Starting a new business during a recession can be a risky endeavor. Understanding which industries fare the worst in a downturn can help increase your new business' chance of success.

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Federal Circuit Patent Watch: Assignor estoppel applies to claims that are not "materially broader" than the originally assigned claims

JD Supra Law

Precedential Federal Circuit Opinions - In Re MCDONALD [OPINION] (2021-1697, 8/10/2022) (Newman, Stoll, and Cunningham) - Cunningham, J. The Court affirmed a PTAB decision rejecting reissue claims under 35 U.S.C. § 251 as being (1) an improper attempt to recapture subject matter surrendered during prosecution to obtain the original claims and (2) based on a defective inventor reissue declaration that failed to identify an error correctable through reissue.

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5 Businesses to Start During a Recession

Legal Zoom

Do recession-proof businesses exist? What types of businesses you start during a recession? Experts suggest these five start-up ideas are well-suited for periods of economic downturn because of consumer demand.

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[Video] The Briefing by the IP Law Blog: Miami Dolphins Coach Gets Sacked on Motion to Dismiss

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright infringement dispute between a sports psychologist and Miami Dolphins defensive back coach Gerald Alexander.

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Moderna Lobs COVID Vaccine IP Suit At Pfizer, BioNTech

IP Law 360

Moderna filed a lawsuit Friday against Pfizer and BioNTech, alleging that its rivals "followed the trail Moderna blazed" years ago in developing the technology behind the mRNA platform at the heart of the COVID-19 vaccines the companies produced.

IP 52
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Copyright Infringement and Personal Jurisdiction Over Foreign Defendants

JD Supra Law

In Lang Van, Inc. v. VNG Corporation (decided July 21, 2022), the Ninth Circuit addressed the issue of how to evaluate whether a U.S. District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs.