Patently-O
NOVEMBER 2, 2021
by Dennis Crouch. We’ve been writing a lot about venue and mandamus petitions at the Federal Circuit. The cases continue to flow to the court, and will continue so long as appellate panels continue to entertain them. In October 2021, 10 new mandamus petitions were filed to the Federal Circuit in patent cases. 22-100 In re: Overhead Door Corporation (E.D.
TorrentFreak
NOVEMBER 2, 2021
YouTube’s copyright takedown policy poses one of the biggest threats to the platform’s content creators. YouTubers who receive three copyright infringement strikes can easily lose their channels, which for some equates to their livelihood. Over the years we have seen numerous examples of YouTubers whose accounts were terminated after repeated copyright claims, legitimate or not.
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Erik K Pelton
NOVEMBER 2, 2021
Erik once received a negative review from a client, amidst dozens of positive ones. Erik explains why he has never challenged the review as there can be no guaranteed approvals in the world of trademark applications. The post The Time I Got a Negative Review appeared first on Erik M Pelton & Associates, PLLC. Erik once received a negative review from a client, amidst dozens of positive ones.
TorrentFreak
NOVEMBER 2, 2021
One of the key anti-piracy tools at the disposal of rightsholders in Russia is the memorandum signed by leading tech and entertainment companies in 2018. The agreement saw the creation of a centralized database of allegedly infringing content that is queried every few minutes by internet companies. When referenced content is spotted by search engines, for example, corresponding links in search results are removed automatically, with the aim of making pirated content harder to find.
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?
The IPKat
NOVEMBER 2, 2021
Kat friends Chia Ling Koh and Zhen Kai Giam report on TMRG Pte Ltd and another v Caerus Holding Pte Ltd and another [2021] SGHC 163. Here , the Singapore High Court gave guidance on how trademark infringement claims by businesses using common trade names would be decided, and evaluated the use of survey evidence in such claims. The plaintiffs, TMRG Pte Ltd and Luke's Tavern Holdings Pte Ltd, run a chain of fine-dining restaurants known as "Luke's Oyster Bar & Chop House".
SpicyIP
NOVEMBER 2, 2021
We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. The importance of having and using data while looking at the functioning of the various IP arms of the government is a point that the blog has often harped upon.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
NOVEMBER 2, 2021
Following a motion filed in mid-October with the U.S. Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) and its management of facilitating the appearance of bias at the Trademark Trial and Appeal Board (TTAB) in favor of Apple, Inc., Apple has now filed its opposition to that motion. Apple contends there is no precedent for allowing the motion, as it requests to supplement the record with documents that were not part of the trial recor
SpicyIP
NOVEMBER 2, 2021
WIPO has started up an interesting looking 2 year “Young Expert Program” for promising candidates that are 35 and younger, with an application due in approximately 2 weeks from now. The program’s landing page states that the deadline is on November 19th. The detailed application page also seems to indicates that the program intends to prioritise candidates from developing and least developed economies.
Copyright Alliance
NOVEMBER 2, 2021
This week we’d like to introduce composer and guitarist Patrick Hayes. You can follow him on Instagram @guitarboymusic1. What is the inspiration behind becoming a creator? I am composer Patrick […]. The post Creator Spotlight with Composer/Guitarist Patrick Hayes appeared first on Copyright Alliance.
SpicyIP
NOVEMBER 2, 2021
We’re pleased to inform our readers of a very interesting looking international conference coming up in a few days, on Covid and IP protection. The conference is on 5th-6th November and it is free to attend. The registration page is here. As described by the organisers: The conference aims at sharing ideas on how we can use intellectual property as a tool for promoting not just innovation but also equitable distribution of life saving drugs in low and middle-income nations.
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.
JD Supra Law
NOVEMBER 2, 2021
Is it here? Not yet. But virtual performances featuring such stars as Travis Scott and Ariana Grande and attracting over 27 million unique players and 78 million viewers, respectively, suggest that it might be coming sooner than you think. If you have not heard of the Metaverse already, you’ve probably at least heard that the company formerly known as Facebook, will now be operating as “Meta”.
IP.com
NOVEMBER 2, 2021
Patents and defensive publishing offer broad protection for innovative technologies and allow companies to monetize their intellectual property. However, they are not the only way companies can protect their valuable. The post The Pros and Cons of Trade Secrets appeared first on IP.com - IP Innovation and Analytics.
JD Supra Law
NOVEMBER 2, 2021
On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,126, where ToolGen is the Senior Party. On August 6th, ToolGen filed its Opposition and on September 24th Broad filed its Reply. Broad's Motion sought to substitute the Count; Broad's Proposed Count 2 is shown in comparison to the Count in the interference as declared below.
Velocity of Content
NOVEMBER 2, 2021
The 2021 Charleston Conference will be held in hybrid model this year, including streamed in-person presentations as well as virtual, hosted sessions. On Wednesday, November 3rd, join CCC for “ Progress Through Partnership: The Dolly Parton Rule for Transformative Agreements ,” where our panel examines the transformative agreement recently signed by Elsevier and University of California, as an example for future implementations of Open Access publishing agreements.
JD Supra Law
NOVEMBER 2, 2021
Mid-year update: Health products approved in 2021 – In October 2021, Health Canada published a “Mid-year update: Health products approved in 2021”, which provides an update on the drugs, medical devices, over-the-counter (non-prescription) drugs and natural health products approved by Health Canada in the period of January and June 2021, together with an overview of steps taken to improve access to these categories of products.
Likelihood of Confusion
NOVEMBER 2, 2021
Originally published January 25, 2016. It’s been almost ten years ago since the March 2006 blog post, which got a bit of play as it turned out, in which I expressed a. The post Joint trademark “ownership”: Tea for two? (Best of 2016) appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
NOVEMBER 2, 2021
While there may have been no public tricks or treats from the Federal Circuit last week, the Court still managed to issue a range of precedential and non-precedential decisions. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.
IP Close Up
NOVEMBER 2, 2021
Content creators on platforms like YouTube, TikTok and Instagram are discovering that not all creators are created equal, even when they are the source. Especially Continue reading.
IP and Legal Filings
NOVEMBER 2, 2021
The trademark dispute between Olympic and Retrolympic was a bit interesting owing to the dispute about the likelihood of confusion between the competing marks. The marks are Retrolympic and IOC trademark ‘Olympic.’ The Federal Supreme Court rules that the German Olympic Protection Act provides special trademark protection for Olympia. The German Law provides special protection for the signs and terms related to Olympia.
IP Watchdog
NOVEMBER 2, 2021
The full Senate Judiciary Committee convened today for a hearing titled, “Cleaning Up Online Marketplaces: Protecting Against Stolen, Counterfeit, and Unsafe Goods,” in which witnesses explained the continuing challenges of policing stolen and counterfeit products in online marketplaces. The panelists included small business owners, internet platform advocates, academics and retail store representatives.
IP Law 360
NOVEMBER 2, 2021
Nike has stolen trade secret information relating to a way of fighting counterfeiting, according to a lawsuit filed in Oregon federal court accusing the footwear giant of using information from another company to create its own brand protection system.
IP Watchdog
NOVEMBER 2, 2021
Faegre Drinker is actively seeking an experienced Associate to join their thriving Intellectual Property Group. Faegre Drinker Biddle & Reath LLP is an Am Law 50 firm with offices located throughout the U.S., Europe, and China. This full-time, permanent position offers the opportunity to play a key role in growing our existing technology transactions and intellectual property licensing practice in Chicago, Minneapolis, Philadelphia, or Washington, D.C.
IP Law 360
NOVEMBER 2, 2021
The label for heavy metal band Bad Wolves has agreed to drop allegations that the band's former frontman attracted bad press in part from his alleged support of far-right conspiracy group QAnon and sought to sabotage the band after his departure.
JD Supra Law
NOVEMBER 2, 2021
I recently received a call from a friend who expressed that his company is struggling with helping inventors identify a point of novelty for their ideas in their invention disclosure forms (IDFs), and as a result, it has been difficult to decide whether or not to move forward with their invention ideas.
IP Law 360
NOVEMBER 2, 2021
The Writers Guild of America West urged a California federal court to deny a former "Key & Peele" showrunner's bid for class certification in a suit alleging the union and Viacom subsidiaries did not pay writers the royalties for shows on streaming platforms, saying the complaint was filed eight months too late.
The TTABlog
NOVEMBER 2, 2021
INTA has published the September-October, 2021 (Vol. 111 No. 5) issue of The Trademark Reporter (TMR). [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "In this issue, we offer our readers an article by two international scholars on the challenges posed to trademark owners by new generic top level-domains; an article by two brand professionals on how to avoid the potential pitfalls associated with trademark assignments in gross; and a review by a member
LexBlog IP
NOVEMBER 2, 2021
New Mechanism Produces Rare Win. Earlier this week, the PTAB issued a rare win for a patent owner in an Director Rehearing. The Rehearing option, provided after the SCOTUS decision in Arthrex , enables a party to request the Director of the USPTO review the record prior to appeal to the Federal Circuit. To date, this option has not been any more successful than a typical panel rehearing request (not surprisingly).
JD Supra Law
NOVEMBER 2, 2021
We previously published an article discussing patent owner’s due process challenges based on alleged pecuniary interests of the Office and Administrative Patent Judges instituting cases to meet production goals and increase compensation. Since that article both cases, New Vision Gaming v. SC Gaming, Inc. f/k/a Bally Gaming, Inc. (Newman, Moore, Taranto) and Mobility Workx v.
LexBlog IP
NOVEMBER 2, 2021
The Korea Herald has reported that Celltrion Inc., a South Korean biopharmaceutical firm, is seeking approval from the European Medicines Agency (EMA) for the sale of CT-P16, Celltrion’s anticancer biosimilar candidate. CT-P16 references Avastin (Bevacizumab), which is indicated for the treatment of various types of cancers, including colorectal, lung, and kidney cancer.
Kluwer Copyright Blog
NOVEMBER 2, 2021
Although the author worked under the terms of a collective bargaining agreement when he penned the movie, the right to ownership was governed by copyright law and not labor law. The writer of the screenplay for Friday the 13th, the classic summer camp thriller that spawned a generation of equally campy horror films, was entitled to reclaim ownership of the work, the U.S.
LexBlog IP
NOVEMBER 2, 2021
The FTC’s Notice of Penalty Offenses concerning endorsements and testimonials is barely a week old and it’s likely already had its intended effect. Hundreds, if not more, of consumer products companies are taking a second or third look at their practices when it comes to endorsements and testimonials and are beefing up their training and guidance materials.
IP Law 360
NOVEMBER 2, 2021
Arent Fox LLP has reached a settlement with the Puerto Rico-based pharmaceutical company the firm sued earlier this year over what it said was the failure to pay more than $200,000 in legal fees, according to a Monday filing in D.C. federal court.
JD Supra Law
NOVEMBER 2, 2021
2021 has been a year of interesting IP developments and decisions for our clients and other NZ businesses. Read on for an update on hot topics that all legal and marketing teams should find useful. Please see full Publication below for more information.
IAM Magazine
NOVEMBER 2, 2021
Guidelines unveiled by semi-governmental trade body are country’s first IP-specific rules for a tool Chinese patent implementers say they favour.
JD Supra Law
NOVEMBER 2, 2021
The Federal Circuit in AMC Multi-Cinema, Inc. v. Fall Line Patents (Fed. Circ. September 30, 2021, op. 21-1051) held that the PTAB partially abused its discretion when upholding one claim of U.S. Patent No. 9,454,748 for which the patent owner Fall Line alleged that AMC raised new issues in its reply….
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