Fri.Sep 24, 2021

article thumbnail

Why Are USPTO Trademark Applications Taking Longer Than Ever?

Erik K Pelton

The following is an edited transcript of my video, Why Are US Trademark Applications Taking Longer Than Ever? This year, one of the questions I’ve been fielding more often than ever before is “ When ? When can I expect my application to get completed? When can I expect it to get reviewed? When? When? When? ” And one of my favorite, favorite videos and items that I’ve worked on in the past is called The Long and Winding Road of Trademark Registration for a couple of reason

Trademark 147
article thumbnail

ResearchGate Removes 200,000 ‘Infringing’ Files After Takedown Tidal Wave

TorrentFreak

One of the core pillars of academic research is sharing. By letting other researchers know what you do, ideas are criticized, improved upon, and extended. Unfortunately, it’s not always easy for academics to share their work. Most of the top publications are monetized by major publishers, which means that they are locked behind a paywall. To make their work easier to access, many researchers place copies of their work on their personal profiles, often hosted by their university.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

U.S. Court Rules Artificial Intelligence Cannot be an Inventor (Again)

IPilogue

Photo by Possessed Photography ( Unsplash ). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Artificial intelligence (AI) is everywhere. It influences the ways we socialize, work, and carry out our daily lives.

Inventor 129
article thumbnail

Several ‘SportsBay’ Pirate Streaming Sites Go Dark In Wake of US Lawsuit

TorrentFreak

Most pirate IPTV services online today operate by accessing official broadcasts and streams, capturing them with dedicated equipment, and then restreaming video to the public from dedicated servers. However, a US lawsuit filed late July shows that’s not the only way. DISH Sues ‘SportsBay’ Sites. In an interesting complaint filed in a Texas court, DISH claimed that four sites doing business as SportsBay.org, SportsBay.tv, Live-NBA.stream, and Freefeds.com were offering sports br

article thumbnail

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?

article thumbnail

Seven Veteran Inventors Named to National Inventors Hall of Fame

IP Watchdog

The 2022 class of inductees into the National Inventors Hall of Fame (NIHF), announced earlier this week, includes the inventors of the foundational technology for messenger ribonucleic acid (mRNA)-based vaccines, the Super Soaker, and Laserphaco cataract surgery. In all, 29 inductees will be honored at the Annual National Inventors Hall of Fame Induction Ceremony on May 5 of next year.

Inventor 119
article thumbnail

The U.K. National AI Strategy Begins with Consultations on Copyright, Patent, and Data Protection Regime

JD Supra Law

The U.K. released a National AI Strategy with a ten-year plan to make Britain a global AI superpower in our new age of artificial intelligence. The Strategy intends to “signal to the world [the U.K.’s] intention to build the most pro-innovation regulatory environment in the world; to drive prosperity across the UK and ensure everyone can benefit from AI; and to apply AI to help solve global challenges like climate change.”.

Copyright 110

More Trending

article thumbnail

[Webinar] CLE Institute 2021 - October 8th, 9:30 am - 4:00 pm EDT

JD Supra Law

We are pleased to present the 2021 Williams Mullen CLE Institute, a virtual legal education program aimed to educate and provide timely legal guidance, as well as to help you to secure your CLE credits. Our 2021 programs include: - Recent Developments in Data Protection and Cybersecurity (Featuring: Kevin Pomfret and Rob Van Arnam) - The Changing Landscape of Employment Law (Featuring: David Burton and Amanda Weaver) - Everyday Ethics for In-House Counsel (Featuring: Paul Saunders and.

Law 93
article thumbnail

A more robust internal licensing market would boost China’s IP development

IAM Magazine

Saturday Opinion: Recent signs point toward more patent licensing negotiations between Chinese tech companies. That’s good news for the country’s IP system.

article thumbnail

Authorship of photographs and ownership of image rights in Nigeria: Banire v NTA-Star TV Network Ltd

The IPKat

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria. The decision also provides guidance on factors that must be established to succeed in a claim for passing off relating to image rights in Nigeria.

article thumbnail

Getting a Gig: Websites

Art Law Journal

An artist website should function as the central hub of your career. Make the best of this online portfolio by reading tips from illustrator, Matt Rota. The post Getting a Gig: Websites appeared first on Art Business Journal.

article thumbnail

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.

article thumbnail

Disney Beats Evel Knievel Brand Owner's 'Toy Story 4' TM Suit

IP Law 360

Stuntman character Duke Caboom in "Toy Story 4" is "reminiscent" of Evel Knievel but is neither a literal depiction nor a carbon copy minus a few details, a Nevada federal judge ruled Thursday in dismissing infringement claims against Disney launched by the famous daredevil's brand.

article thumbnail

[Audio] Podcast: The Briefing by the IP Law Blog - Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?

JD Supra Law

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indians' attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding that trademark.

article thumbnail

Marvel Battles To Keep 'Avengers' Characters' Copyrights

IP Law 360

Marvel launched an all-out counterattack Friday on an organized effort by representatives of former Marvel writers and artists to claw back copyrights on iconic characters including Spider-Man, Iron Man and Black Widow.

article thumbnail

Deputy Secretary Graves Underscores Importance of Public, Private Sectors in Combating Climate Change During Trip to Poland

U.S. Department of Commerce

Deputy Secretary Graves Underscores Importance of Public, Private Sectors in Combating Climate Change During Trip to Poland. September 24, 2021. KCPullen@doc.gov. Fri, 09/24/2021 - 11:03. Export and investment promotion. Deputy Secretary Graves addresses the Partnership for Transatlantic Energy and Climate Cooperation (P-TECC) Ministerial and Business Forum in Warsaw, Poland.

article thumbnail

Fed. Circ. Rebukes Judge Albright For Still Avoiding Transfers

IP Law 360

The Federal Circuit on Friday ordered U.S. District Judge Alan Albright to transfer six WSOU Investments patent infringement suits against Juniper Networks from Texas to California, holding the nonpracticing entity can't use a Texas litigation office to justify venue and chiding the judge for ignoring recent rulings against him.

article thumbnail

Other Barks & Bites for Friday, September 24: Albright Admonished Again by CAFC; Senate IP Subcommittee Moves Patent Bills Forward; Tillis Questions Google and Facebook on Ad-Supported Piracy

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit grants mandamus in another motion to transfer case from the Western District of Texas; the U.S. Department of Justice unseals an indictment charging three individuals with conducting a TV piracy scheme worth $30 million; the Third Circuit holds that right of publicity claims fall under the IP claim carveout to Section 230’s limited liability provisions; the leadership of the Senate IP Subcommittee starts to take action on a set of patent

IP 65
article thumbnail

3 Attorney Ethics Considerations For Litigation Funding

IP Law 360

The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

article thumbnail

FB's "Russian state-controlled media" label wasn't commercial advertising or promotion

43(B)log

Maffick LLC v. Facebook, Inc., 2021 WL 1893074, No. 20-cv-05222-JD (N.D. Cal. May 11, 2021) Facebook’s application of “Russia state-controlled media” label to a news page on Facebook was not commercial advertising or promotion. Mentioned here mostly to highlight the differences in pleading standards applied to trademark and false advertising claims.

article thumbnail

Atty In Rolling Stones IP Row Warned Over Client's Threats

IP Law 360

A New York federal judge upbraided a Nixon Peabody attorney on Friday for trying to explain away his client's witness-intimidating letter in a Rolling Stones copyright dispute, raising the specter of sanctions if the lawyer didn't quickly dispel the "miasma of threats.

IP 68
article thumbnail

Sony 'Vita' mark loses out in genuine use revocation proceedings before EU General Court

The IPKat

Genuine use poses a unique quandary for trade mark owners when raised in revocation proceedings. Not only does the trade mark owner bear the burden of producing evidence to establish such use, but the trade mark owner should know that the ‘reputation’ of the mark does not mean that proving such use is guaranteed to succeed. In this sense, one may recall the fate of the BIG MAC mark in 2019 decision of the Cancellation Division (see IPKat here ).

article thumbnail

Patent Owner Tip #18 for Surviving an Instituted IPR: Defending Depositions

JD Supra Law

In our penultimate patent owner tip for surviving an instituted IPR, we turn our discussion to defending the deposition of your expert. At this stage of the proceeding, your Patent Owner Response has been filed, and all the facts and arguments you need have already been developed, including any necessary expert testimony. Thus, there should be nothing that you need from you expert at this point.

article thumbnail

Corner office podcast: Scott Frank on leading AT&T IP in 2021

Managing IP

The intellectual property CEO of one of the world's largest telecoms companies talks about licensing, harvesting collaboration and global outreach

article thumbnail

Nolo contendere

Likelihood of Confusion

There can’t be any dispute: This is a blog a lot of people, and especially non-specialists, should read — Nolo’s Patent, Copyright & Trademark blog by Rich Stim. He answers. The post Nolo contendere appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

At Fed. Circ., Fintiv Fights To Keep Apple Trial In Waco

IP Law 360

The software company Fintiv shot back against Apple's attempts to keep its jury showdown in a patent dispute in an Austin courthouse that's currently holding few trials because of the COVID-19 pandemic.

Patent 52
article thumbnail

Amazon & Big 5 Tell Judge: No Conspiracy Here

Velocity of Content

In separate filings late last week, lawyers for the Big Five publishers and Amazon asked a federal court to dismiss a lawsuit accusing them of a joint conspiracy to fix e-book prices. Hagens Berman, a Seattle-based law firm that specializes in consumer class action cases, filed the suit in January 2021. In 2011, Hagen Berman successfully sued Apple and five major publishers for colluding to fix e-book prices.

article thumbnail

Brand Owner Nears Ch. 11 Deal For Jessica Simpson Line

IP Law 360

Sequential Brands Group Inc. told a Delaware bankruptcy judge Friday that it's close to finalizing a deal with pop star Jessica Simpson to sell her the clothing line that bears her name as the court approved procedures for the company to sell its assets.

article thumbnail

WhatsApp decision considers scope of transparency obligations under the GDPR

LexBlog IP

The DPC recently fined WhatsApp €225m for failing to discharge its transparency obligations under the GDPR. The decision will have implications for all businesses, particularly regarding their privacy notices and transparency obligations. The decision sets out the DPC’s high expectations in regard to businesses’ transparency obligations.

Privacy 52
article thumbnail

Stroock Adds Experienced Litigation Partner In Miami

IP Law 360

Stroock & Stroock & Lavan LLP continued its active growth in 2021 with the addition of a Miami-based litigation partner with experience in a wide variety of disputes and arbitrations including prisoner class actions and EB-5 investment suits, the firm announced.

article thumbnail

Inventor Argues Assignor Estoppel Does Not Apply to “Materially Broader” Claims

JD Supra Law

As we previously reported, the Supreme Court narrowed the doctrine of assignor estoppel. The Supreme Court remanded to the Federal Circuit Minerva Surgical, Inc.’s question of whether Hologic’s claims are “materially broader” than the claims at the time of assignment, which would bar application of the assignor estoppel doctrine under the Supreme Court’s newly delineated limits.1 Put simply, “[i]f Hologic’s new claim is materially broader than the ones [the inventor] assigned, then [the.

article thumbnail

Jaguar Land Rover vs. Land Wind: A typical case of simultaneous enforcement of IP rights and unfair competition claim

LexBlog IP

As an old Chinese proverb goes, “what one loses on the swings, he gets back on the roundabouts.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. Background. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

IP 52
article thumbnail

Sidebars Podcast | Stephanie Sanders: Mastering Authenticity Without a Plan

JD Supra Law

Stephanie Sanders is currently the global patent operations chief at Kilpatrick Townsend & Stockton. In this role, Stephanie is responsible for ensuring that the firm’s IP teams continually improve their patent prosecution practice and enhance their efficiency. Stephanie’s career journey includes the roles of patent examiner, patent attorney, law school career counselor, and IP training manager at a boutique law firm.

article thumbnail

ZTE licensing head: we're actively seeking financial return from our patent portfolio

IAM Magazine

In an exclusive interview, Marco Tong declines to comment on company’s reported suit against a Chinese phone maker this week, but says ZTE will “reluctantly use enforcement” if implementers “continuously disrespect others’ IP”.

article thumbnail

Motion to Exclude Improper Vehicle For Addressing Non-Responsive Evidence

JD Supra Law

In Apple, Inc. v. Parus Holdings, Inc. (IPR2020-00686), the PTAB denied the Patent Owner’s motion to exclude portions of the Petitioner’s supplemental expert declaration. Here the Patent Owner sought to exclude a number of paragraphs of the supplemental declaration because the testimony: 1) did not respond to arguments….

Patent 52
article thumbnail

The battle over Leahy’s PTAB reforms begins

IAM Magazine

Provisions in the proposed legislation to undo discretionary denials of IPRs stoke most discussion, with some alleging Big Tech is the main beneficiary.

Law 52
article thumbnail

Client ViacomCBS Prevails in Trademark Dispute over “MTV Floribama Shore”

JD Supra Law

In late 2016, MTV began developing “MTV Floribama Shore,” part of the “Shore” franchise that began with “Jersey Shore” in 2009. MTV planned to broadcast the premiere in November 2017.