Thu.Jul 15, 2021

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7 keys to branding success

Erik K Pelton

Here are what I believe are The Keys to Branding Success: S start thinking about brand protection from the outset. U use mark properly. C creative names are bolder and better. C clearance searc h before committing to a name. E early filing for trademark registration. S shield against infringers when needed. S specialist: work with experienced professional to improve odds of SUCCESS.

Branding 130
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Artesano Bread vs Artisan Bread

Patently-O

Interesting pending civil action in Grupo Bimbo v. Hirshfeld (E.D.Va. 2021). The Mexican company Grupo Bimbo makes more bread than any other company — including Wonder Bread and Sara Lee brands in the USA. Bimbo is attempting to register a mark for its “ARTESANO” line of bread — after apparently selling more than $1 billion in pre-packaged sliced bread product.

Branding 126
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Trademark Tales: Yeezy Vs. Walmart Battle Continues

JD Supra Law

Yeezy, LLC and Kanye West have a history with Walmart in the world of intellectual property and trademark rights. Most recently, Yeezy sued Walmart and third-party sellers for unfair competition for selling copycats of Yeezy’s famed Foam Runner Shoes.

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How Can Museums Copyright the Works of Old Masters?

Art Law Journal

Steve Schlackman. If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright?

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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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What’s New at CCC

Velocity of Content

As we progress through July into the second half of 2021, CCC is staying busy. We recently implemented a rebrand, adopting a new company logo and redesigning our website. And we have migrated all transactional permission services to Marketplace , created a K-12 online certificate course , and launched an Annual Copyright License for Curriculum and Instruction.

Licensing 111
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USPTO Requests Input on Patent Eligibility from Critical Sectors Impacted by Current Law

The IP Law Blog

In recent years, the Supreme Court has decided a number of cases, including Bilski v. Kappos, Mayo Collaborative Servs. v. Prometheus Labs., Ass’n for Molecular Pathology v. Myriad , and Alice Corp. v. CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § 101. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.

Law 109

More Trending

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AG Øe advises CJEU to rule that Article 17 is COMPATIBLE with the EU Charter of Fundamental Rights and should not be annulled

The IPKat

AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information? According to Poland, the answer should be in the negative. Indeed, shortly after the adoption of the Directive in 2019, this country lodged a complaint ( C-401/19 ) before the Court of Justice of the European Union (CJEU), seeking the partial or - as a subsidiary claim - complete annulment of the

Copyright 104
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U.S. Census Bureau to Release First Look at Nation's Demographic Characteristics from 2020 Census

U.S. Department of Commerce

U.S. Census Bureau to Release First Look at Nation's Demographic Characteristics from 2020 Census. July 15, 2021. KCPullen@doc.gov. Thu, 07/15/2021 - 13:27. 2020 Census. U.S. Census Bureau Graphic of United States for 2020 Census. The following is a cross-post from the U.S. Census Bureau. The U.S. Census Bureau by August 16 is set to release in-depth demographic statistics from the 2020 Census that will be used to redraw legislative voting districts. .

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 5, Issue 1 [Submit by September 19]

SpicyIP

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication in the Winter 2021 Issue (Volume V, Issue I) of the Journal. The last date for submissions is September 19, 2021. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.

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Fish & Richardson Attorneys Named to 2021 Northern California Super Lawyers List

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is pleased to announce that three Silicon Valley attorneys were recently included in Super Lawyers’ 2021 list of Northern California Super Lawyers and Rising Stars. The Super Lawyers and Rising Stars lists are developed through a comprehensive, patented research process that incorporates both peer recognition and professional achievement.

Patent 98
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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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[Guest post] The General Court of the EU wanders into copyright law, and gets disoriented

The IPKat

The IPKat is delighted to host the following guest post by Katfriend Frederic Blockx on yesterday's interesting and important decision of the General Court in T-185/19. Here's what Frederic writes: The General Court of the EU wanders into copyright law, and gets disoriented by Frederic Blockx No access for Kats Traditionally, the last few days of the Term yield an impressive harvest of cases out of Luxembourg.

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Commerce's NTIA Releases Report on Current and Projected Federal Use of Spectrum by Space-Based Systems

U.S. Department of Commerce

Commerce's NTIA Releases Report on Current and Projected Federal Use of Spectrum by Space-Based Systems. July 15, 2021. KCPullen@doc.gov. Thu, 07/15/2021 - 13:05. Space commerce. Weather and satellites. Every day, Americans depend on space-based technologies, which power navigation services, accurate weather forecasts, rural Internet access, public safety communications, national security objectives, and more. .

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CRT and Heineken amicably end their dispute over the use of the word "Tequila" in Desperados beer

The IPKat

CRT (the Mexican Tequila Regulatory Council) announced that the legal dispute over the use of the word ‘ Tequila ’ in Desperados beer has ended. In a video released on 13 July 2021, Miguel Ángel Domínguez Morales (President of the Mexican Tequila Regulatory Council) indicated that an amicable agreement had been reached with Heineken after CRT had initiated several legal actions in the European Union involving the use of the word ‘ Tequila ’ in Desperados beer.

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Copyright Office’s Busy Summer Includes a Full Slate of Studies and Rulemakings

Copyright Alliance

A steady stream of new study requests from Congress over the last few months, combined with approaching deadlines for ongoing studies and CASE Act implementation activities, means a busy summer […]. The post Copyright Office’s Busy Summer Includes a Full Slate of Studies and Rulemakings appeared first on Copyright Alliance.

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Around the IP Blogs

The IPKat

This Kat is taking a moment to smell the flowers Sumer is icumen in, and so has this latest roundup of what's new around the IP blogs. Copyright The Kluwer Copyright Blog published a summary of Article 17-related developments in the past year, which may be of interest to Kat readers keeping an eye on the CDSM Directive. In relation to a copyright infringement suit filed before the District Court, Trivandrum, against Facebook India, which also alleges violation of moral and posthumous celebrity r

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Commerce Ranks in Top Five Places to Work in Federal Government for Ninth Consecutive Year

U.S. Department of Commerce

Commerce Ranks in Top Five Places to Work in Federal Government for Ninth Consecutive Year. July 15, 2021. KCPullen@doc.gov. Thu, 07/15/2021 - 12:13. Recently, the Partnership for Public Service released the 2020 Best Places to Work in the Federal Government rankings. And, for the ninth consecutive year, the Department of Commerce remained in the Top 5 Best Places to Work in the Federal Government ranking fifth among 17 large agencies.

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Court Awards Domino’s Extra Dough

JD Supra Law

Hot out of the oven! In a rare move, a district court recently gave Domino’s a two-for-one deal on attorney’s fees. In Ameranth, Inc., v. Domino’s Pizza Inc., No. 12CV0733 DMS (WVG), 2021 WL 2550057 (S.D. Cal. June 21, 2021), a patent infringement case, the U.S. District Court….

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Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

Photo by Bank Phrom on Unsplash. The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). The draft law on the rights of professional artists announced by the Polish Ministry of Culture will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 56
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Ninth Circuit Still Signals Shift in Arbitration Landscape for Non-Signatories

JD Supra Law

In a decision substantively the same as the now-withdrawn opinion entered on January 20, 2021, the US Court of Appeals for the Ninth Circuit once again affirmed denial of a non-signatory’s motion to compel arbitration. Setty v. Shrinivas Sugandhalaya LLP, Case No.18-35573 (9th Cir. July 7, 2021) (Nelson, J.) (Bea, J., dissenting).

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How Can Museums Copyright the Works of Old Masters?

Art Law Journal

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? The post How Can Museums Copyright the Works of Old Masters? appeared first on Art Business Journal.

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Website Advertisements and Copyright Fair Use

IP Intelligence

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107 is common practice. While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to note (and criticize) when defendants are for-profit entities and when the contested material is posted on a website that contains advertising – e.g., onl

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THIS TOO SHALL PASS: Can digital health passports make on-premise dining safer for everyone?

GDB Firm Blog

The concept is simple: proof of vaccination or a negative COVID-19 test on a mobile app to enter a restaurant, entertainment venue or a flight. The issues surrounding it, however, not so much.

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5 Strategic Benefits of Business Intelligence for IP Law Firms

Corsearch

When modern companies deploy business intelligence (BI) strategies, they use a mixture of advanced technologies and services to create data-backed insights that can produce better decision-making. However, for law firms who specialize in intellectual property, the value of BI can be even more extensive.

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EU Sides With YouTube in Copyright Infringement Challenge

LexBlog IP

It’s nothing new, but the role and responsibility of social media platforms when it comes to the behavior of its users is something that will probably be contested until such time as the internet ceases to be a thing, which at this point seems concurrent with the end of humans as a species. Platforms profess to be little more than middlemen and -women, understandable not wanting to be responsible for the behavior of tens or even hundreds of millions of users, most of whom are shorn of the

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German Constitutional Court Rejects Requests for Interim Injunctions against Ratification of UPC Agreement

JD Supra Law

Until last Friday, implementation of the European Unified Patent Court (UPC) Agreement and availability of a Unitary Patent for multiple EU states had been delayed by two Complaints for interim injunctions against German ratification of the UPC Agreement. On Friday, 9 July 2021, the German Constitutional Court (Bundesverfassungsgericht) rejected the requests for interim injunctions.

Patent 52
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Evolution of Fintiv: Next Tuesday

LexBlog IP

AIPLA Webinar Next Tuesday. For those seeking some PTAB-related CLE, consider next Tuesday’s AIPLA webinar @12:30 (EST) entitled: Discretionary Denials Revisited: The New Politics of Fintiv. Register ( here ). The program will explore the increasing politicization of the USPTO Director position, and what may be on the horizon relative to the uncodified discretionary policies of the last administration (i.e., the Fintiv Factors).

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Candy-coated popcorn, peanuts and a prize! That’s what you get from —

Likelihood of Confusion

Roller derby! Quinn Heraty reports on the trademark battle to make us forget SPAM v. Spamarrest — the CRACKERJACK derby: Frito-Lay has filed an opposition to the registration of Crackerjack’s. The post Candy-coated popcorn, peanuts and a prize! That’s what you get from — appeared first on LIKELIHOOD OF CONFUSION™.

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Juillet, le temps des changements à l’OPIC

LexBlog IP

Il semble que l’Office de la propriété intellectuelle du Canada (OPIC) ait pris l’habitude de soumettre en plein été, durant la saison des vacances, des modifications aux Règles sur les brevets qu’elle voudrait voir mises en place. En effet, durant l’été 2019, l’OPIC avait soumis un remaniement complet des Règles sur les brevets.

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USPTO Conducting Patent Eligibility Jurisprudence Study

JD Supra Law

At the request of Senators Thom Tillis (R-NC), Marie Hirono (D-HI), Tom Cotton (R-AR) and Chris Coons (D-DE), the US Patent & Trademark Office (USPTO) is undertaking a study on the current state of patent eligibility jurisprudence in the United States and how the current jurisprudence has impacted investment and innovation, particularly in critical technologies like quantum computing, artificial intelligence, precision medicine, diagnostic methods and pharmaceutical treatments.

Patent 52
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USPTO Requests Input on Patent Eligibility from Critical Sectors Impacted by Current Law

LexBlog IP

In recent years, the Supreme Court has decided a number of cases, including Bilski v. Kappos, Mayo Collaborative Servs. v. Prometheus Labs., Ass’n for Molecular Pathology v. Myriad , and Alice Corp. v. CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § 101. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court furth

Law 52
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Next-Generation Antibodies: Antibody-Drug Conjugates

JD Supra Law

Antibodies are part of the body’s adaptive immune response to defend itself against toxins and pathogens, such as bacteria and viruses. When the body identifies a foreign entity, it mounts a cascading response that culminates in the production of antibodies, which seek out and remove whatever initiated the response. Antibodies can employ a number of different mechanisms to inactivate the stimulus including, for example, enveloping small invaders, binding to and occupying specific sites of a.

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Do Federal Agency Determinations Approving Wine Labels Create Safe-Harbors Against State Labeling Laws? – ND Cal

LexBlog IP

The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) approved a winery’s label for its ELOUAN pinot noir. A class action under California’s Unfair Competition Law was brought alleging that the label’s references to Oregon’s Coasts were misleading, as while the grapes came from Oregon, the wine was created in Napa, California.

Law 52
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Lead Article: Will Arthrex Increase the Rare Involvement of the USPTO Director in Inter Partes Reviews?

JD Supra Law

On June 21, the Supreme Court decided United States v. Arthrex, Inc., in which the question before the Court was whether “the authority of Administrative Patent Judges (APJs) to issue decisions on behalf of the Executive Branch is consistent with the Appointments Clause of the Constitution.” No. 19-1434, -- S. Ct. --, 2021 WL 2519433, at *1 (June 21, 2021).

Patent 52
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Smart Toys and How they May be Invading our Privacy

LexBlog IP

While smart toys can certainly be useful educational tools for children, they also present some potential privacy risks and could invade what is traditionally a private space. Think about it—the thought of your child’s toy listening in on your family 24/7/365 is disturbing. So how do we balance these risks with the benefits? Smart toys that are made with artificial intelligence (AI) capabilities can collect different forms of data from children.

Privacy 52
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Ted Davis Article: "Recent Developments in Trademark and Unfair Competition Law"

The TTABlog

Thank you, Ted Davis, for permitting me to post a link ( here ) to your article "Trademark Case Decisions: The Past Year in the Courts & at the TTAB," This article is a companion to the webinar presentation of July 13th sponsored by the New York Intellectual Property Law Association. Read comments and post your comment here. Text Copyright John L.