Erik K Pelton

MARCH 14, 2022

The following is an edited transcript of my video Most Valuable Trademark Features of the USPTO Website. Did you know that the U.S. Patent and Trademark Office has a very robust website that has tons of useful information? In fact, it has so much useful information that it can be overwhelming at times, and that’s even for someone who uses it frequently and is very knowledgeable about all the ins and outs of trademarks.

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Trademark Registration Editing Ownership 264

Plagiarism Today

MARCH 14, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Katy Perry Wins in Dark Horse Copyright Appeal. First off today, Mark Savage at the BBC reports that Katy Perry has emerged victorious once again in the lawsuit over her 2013 song Dark Horse. The lawsuit was filed in 2014 by musician Marcus, Gray, who claimed Dark Horse was an infringement of his earlier song, Joyful Noise.

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Settlement Copyright Law Copying Plagiarism 199

TorrentFreak

MARCH 14, 2022

There are millions of websites available today, most of which remain completely unknown to the majority of internet users. If you had to pick one known to everyone, though, YouTube would be a pretty safe bet. Most people agree that YouTube is a fantastic platform but over the years the ad-supported free tier has become very frustrating. It has ads – lots of ads – many of which inexplicably appear at the most inconvenient and irritating times.

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Cease and Desist Advertising Advertising Copyright 145

Plagiarism Today

MARCH 14, 2022

Last week, the United States Office of Research Integrity (ORI) made its first finding of 2022 , and it was a voluntary settlement agreement between themselves and Terry Magnuson, a researcher at the University of North Carolina Chapel Hill. . The issue was straightforward, according to the ORI, Magnuson had submitted an application for a grant in March 2021.

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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

TorrentFreak

MARCH 14, 2022

Over the years, pirate streaming services have eclipsed torrent sites and direct download portals in popularity. These streaming sites are seen as a massive problem in Hollywood, which made it a priority to shut them down. The MPA and ACE are actively trying to find out who’s behind these sites, through DMCA subpoenas for example. However, there are other means to hit these streaming portals as well.

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Cease and Desist Reporting Designs Design 139

Technology & Marketing Law Blog

MARCH 14, 2022

by guest blogger Kieran McCarthy. I have a friend who is a professor of literature. He once joined a book club with other professors of literature dedicated to analyzing James Joyce’s notoriously opaque classic, Finnegan’s Wake. They met weekly and combed through the book line by line, trying to make sense of all the dense metaphors and obscure references.

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Blogging Technology Government Designs 128

IP Watchdog

MARCH 14, 2022

Last week, the U.S. Copyright Office issued a pair of final rules to establish various procedures governing proceedings at the Copyright Claims Board (CCB), a small copyright claims tribunal within the Copyright Office. The CCB was implemented as part of the Copyright Alternative in Small-Claims Enforcement (CASE) Act enacted under a larger omnibus bill on COVID-19 issues in December 2020.

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Copyright Government Litigation Designs 124

IPilogue

MARCH 14, 2022

Photo by Hermes Rivera ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. For those of you like me who have survived this long asking the question “what is an NFT?” and requiring someone to repeat their answer after you zoned out, here is the definition: Non-fungible token (“ NFT ”): a digital asset that represents real-world objects like art, music, in-game items, and videos.

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Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

IP Watchdog

MARCH 14, 2022

Recently, in In Re: Volkswagen Group of America, Inc., the United States Court of Appeals for the Federal Circuit (CAFC) further defined the level of control a defendant must exercise over an in-district agent to establish patent venue – i.e., where a case can be filed. The Federal Circuit held that the requisite control a principal must establish over its alleged agent in order to establish venue is “interim control”: day-to-day control over the manner of carrying out the specific actions for w

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Patent Patent Infringement Litigation Intellectual Property 119

JD Supra Law

MARCH 14, 2022

Over the past two weeks, the Ukrainian Institute of Intellectual Property (Ukrpatent) has been posting letters of support that it has received from other European IP offices. Among the offices from which Ukrpatent has received such letters are the European Patent Office (EPO), the Patent Office of the Republic of Poland, the Industrial Property Office of the Slovak Republic, the Austrian Patent Office, the Finnish Patent and Registration Office (PRH), the State Patent Bureau of the Republic of.

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IP Intellectual Property Patent Registration 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

IP Watchdog

MARCH 14, 2022

On March 10, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Patent Trial and Appeal Board’s (PTAB’s) obviousness determination and its denial of patent owner Hoyt Fleming’s motion to amend the asserted claims of the U.S. Patent No. RE47,474. Cirrus Design Corp. petitioned for inter partes review of multiple claims, including claims 135-139, of the ’474 patent.

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Patent Designs Design Government 116

JD Supra Law

MARCH 14, 2022

Trademark infringement lawsuits are among the risks faced by businesses running comparative advertisements referring to a competitor’s products. When facing such a suit, policyholders should be sure to look to their commercial general liability (CGL) policies as potentially valuable sources of insurance coverage. This important point is underscored by a recent decision of the United States Court of Appeals for the Third Circuit.

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Trademark Advertising Advertising Business 98

Velocity of Content

MARCH 14, 2022

Libraries are meant to be places of peace and for peace – so much so, in fact, that it seems inconceivable that libraries could have any place in war. Yet today, across Ukraine, libraries are places for refuge from and resistance against the Russian invasion. “We’ve seen public libraries that have turned into shelters, including some at the cities that are being shelled.

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Copyright 98

JD Supra Law

MARCH 14, 2022

APPLE INC. v. MPH TECHNOLOGIES OY - Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning of the claim.

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Technology Patent 97

Likelihood of Confusion

MARCH 14, 2022

It was bound to happen sooner or later—and in fact it happened back in 2012. Someone sued to have “Google” declared generic and the registration of the trademark(s) “GOOGLE” canceled. The post Verb That Adjective Noun! “Google” Is Not (Yet) Generic. appeared first on LIKELIHOOD OF CONFUSION™.

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Registration Trademark 88

JD Supra Law

MARCH 14, 2022

The metaverse and non-fungible tokens (NFTs) are common buzzwords as of late. Many brands such as Nike®, Victoria Secret®, TaylorMade®, and others are rushing to stake their claims on “goods” in the metaverse, as well as NFTs. Why are they doing so, and why is it important to protect your intellectual property as it pertains to the metaverse and NFTs?

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Intellectual Property Non-Fungible Tokens Branding Brands 97

Michael Geist

MARCH 14, 2022

The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. The study stems from reports that the Public Health Agency of Canada worked with Telus and BlueDot, an AI firm, to identify COVID-19 trends based on mobility data with questions about whether there was appropriate disclosures, transparency and consent from the millions of Canadians whose data may ha

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Privacy Law Government Reporting 85

IP Law 360

MARCH 14, 2022

The U.S. Supreme Court has been asked to overturn an Eighth Circuit ruling that architectural floor plans are subject to copyright protection, with a group of real estate companies arguing that the appeals court's decision will "seriously harm multiple national industries.

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Copyright 76

The IPKat

MARCH 14, 2022

At the dawn of a new week, there are exciting new IP events and opportunities approaching that must not be missed! Check them out below. A Kat enjoying lower temperatures and looking sophisticated. Events IFIM - IP and Regulatory Rights in the Age of Personalized Medicine - 15 March 2022 The Institute for Intellectual Property and Market Law of Stockholm University (IFIM) will hold the webinar "IP and Regulatory Rights in the Age of Personalized Medicine" tomorrow (15 March 2022, from 2:00pm to

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Journalism Intellectual Property IP Marketing 67

IP Law 360

MARCH 14, 2022

A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark?

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Litigation 75

Kluwer Copyright Blog

MARCH 14, 2022

Photo by Possessed Photography on Unsplash. Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). It followed the UKIPO’s previous, more exploratory inquiry into anticipated interactions between IP protection across the board and AI technologies , this time with limited, but mo

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IP Public Domain Copyright Intellectual Property 60

IP Law 360

MARCH 14, 2022

BuzzFeed and a photojournalist suing the company over its use of embedded photos of protests over George Floyd's murder have resolved the case and will move for its dismissal soon, according to a letter filed n New York federal court Sunday.

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The TTABlog

MARCH 14, 2022

In this consolidated opposition proceeding, Opposer Revolution Jewelry Works disclosed Applicant Stonebrook Jewelry's attorneys'-eyes-only (AEO) information in a TTAB filing and allowed its principal to attend an AEO deposition unbeknownst to Stonebrook. Stonebrook moved for judgment as a sanction for the violations of the Standard Protective Order, but the Board refused to go that far, finding lesser sanctions appropriate.

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Designs Design Confidentiality Government 86

IP Law 360

MARCH 14, 2022

AT&T and DirecTV affiliates urged a California federal judge to toss SAG-AFTRA's suit alleging the companies owe union members royalties for a television show based on Stephen King's novel "Mr. Mercedes," saying in a motion filed Monday that the businesses are not contractually obligated to make the payments.

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Television Business 75

IP and Legal Filings

MARCH 14, 2022

Introduction. Section 57 of the Copyright Act of 1957 covers authors’ special rights particularly, highlighting the importance of expanding such rights beyond solely economic grounds. These moral rights have been enshrined in law and include the right to: claim authorship of a work (the so-called ‘right to attribution’ or ‘paternity right’); and prohibit any distortion, modification, or mutilation of a work that would be detrimental to the author’s reputation

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Moral Rights Copyright Contracts Law 60

IP Law 360

MARCH 14, 2022

A New York federal judge has thrown out an inventor's suit accusing Hasbro of stealing his board game ideas without paying him, holding that his game ideas weren't novel, and there's no proof the game-maker stole them.

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Inventor 75

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

The Consequence of Being in Default. This month’s ITC wrap-up reviews the Commission’s Opinion In the Matter of Certain Vacuum Insulated Flasks and Other Components Thereof , Investigation No. 337-TA-1216, wherein the Commission issued a General Exclusion Order (“GEO”) regarding three design patents and three trademarks. Specifically, the Commission found that the respondent violated Section 337 and issued a GEO for certain vacuum insulated flasks and components thereof that infringe the compone

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Cease and Desist Trademark Design Patent Patent 52

IP and Legal Filings

MARCH 14, 2022

The plaintiff, Chanel, Inc. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. To maintain the brand’s prestige, Chanel authorizes its products to be only sold through their retail stores and carefully selected other high-end prestigious specialty stores like Neiman Marcus, Barney’s, Nordstrom, and Saks Fifth Avenue.

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Branding Brands Branding False Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

Kelly Del Dotto and Casey Kraning discuss recent trends in the District of Delaware’s decisions regarding motions for stay pending inter partes reviews and the potential impact of a stay on the pendency of a case. Read the full article on Law360. PDF copy available. In 2012, the America Invents Act (AIA) created a mechanism for challenging patents outside of the district court through post-grant review proceedings before the Patent Trial and Appeal Board (PTAB), primarily inter partes revi

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Litigation Patent Art Licensing 52

LexBlog IP

MARCH 14, 2022

On March 3, 2022, the PTAB instituted another inter partes review of U.S. Patent Nos. 8,580,264 (“the ’264 patent”), owned by Chugai and Roche. Fresenius filed a petition for inter partes review of the ‘264 patent, challenging claims 4, 5, and 12, directed to methods of treating rheumatoid arthritis by subcutaneously administering tocilizumab.

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Patent Intellectual Property 52

JD Supra Law

MARCH 14, 2022

The key to success as a Complainant in the ITC is careful preparation, long before the complaint is filed. Nowhere is this more important than in preparing and planning a Complainant’s domestic industry case. The so-called “technical prong” of the domestic industry requirement is a much more common point of failure for ITC complainants than the “economic prong.”.

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Intellectual Property 52

IP Law 360

MARCH 14, 2022

White & Case has grown its technology transactions group with a New York-based partner from Covington & Burling who has more than a decade of experience guiding technology- and intellectual property-driven deals.

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Intellectual Property Technology 52

JD Supra Law

MARCH 14, 2022

Kudos to Shirley Leung of The Boston Globe for concisely recounting the past 15 years of Boston waterfront planning, where it has and hasn't gotten us, and where we need to get in the foreseeable future. Mayor Wu has great aspirations for our entire City. Hopefully she will be able to soon build and manage the resources necessary to develop and implement transformational 21st century waterfront plans for the entire City that meet those aspirations.

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JIPEL Copyright Blog

MARCH 14, 2022

Bridgerton is the Netflix television sensation that enraptured the United States in late 2020. Arriving just in time for the Christmas holiday season after a fraught election cycle and during a COVID-19 surge, Bridgerton was met with such positive reception that it quickly became a must-see series on Netflix with a premiere viewership rating that put it as the second most-watched series on the platform to date.

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JD Supra Law

MARCH 14, 2022

In two recent decisions, both issued on February 4, 2022, the United States Court of Appeals for the Federal Circuit (the “CAFC”) erased two huge patent damages awards because the underlying expert opinion on damages was untethered to the specific facts of each case. In Apple Inc. v. Wi-LAN Inc., 25 F.4th 960 (Fed. Cir. 2022) and California Inst. of Tech. v.

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Patent Infringement Intellectual Property Patent 52