Hugh Stephens Blog

SEPTEMBER 2, 2021

John Degan is Executive Director of the Writers’ Union of Canada. I don’t know Mr. Degan nor have I ever met him but I do know that he is a passionate defender of the interests of authors, as well as being a successful published novelist and poet himself. Recently Mr. Degan published a very long, … Continue reading "John Degan’s Twitter Broadside on the Access Copyright v York University Copyright Case: Right Message; Wrong Target?

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Copyright Publishing 243

Erik K Pelton

SEPTEMBER 2, 2021

There are a stunning variety of flowers … and a stunning variety of trademarks as well. Brand names and logo come in all shapes, sizes, and colors – just like flowers. Below is just a small sampling of recent client trademarks! Making trademarks bloom since 1999®. The post Stunning varieties: trademarks and flowers appeared first on Erik M Pelton & Associates, PLLC.

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Trademark Branding Brands Branding 147

TorrentFreak

SEPTEMBER 2, 2021

Piracy presents a major challenge for companies across different sectors, including the software industry. Many copyright holders stress that piracy hurts their bottom line. This could lead to less output and innovation. However, research has shown that this isn’t always the case. Previously, studies have found that piracy doesn’t reduce the number of new films being made.

Technology 145

Technology Trademark Copyright Music 145

Copyright Alliance

SEPTEMBER 2, 2021

The Electronic Frontier Foundation (EFF) has received another defeat in its long-running lawsuit challenging the constitutionality under the First Amendment of the anti-circumvention and anti-trafficking provisions of section 1201 of […]. The post EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act appeared first on Copyright Alliance.

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Copyright 140

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

IP Watchdog

SEPTEMBER 2, 2021

In a precedential decision written by Judge Reyna, the U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday upheld a Delaware district court’s ruling that Belcher Pharmaceuticals Inc.’s Chief Science Officer engaged in inequitable conduct, making its U.S. Patent No. 9,283,197 unenforceable. Belcher brought the suit against Hospira, Inc. for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld materia

Patent Prosecution 134

Patent Prosecution Patent Trademark Patent Infringement 134

The IPKat

SEPTEMBER 2, 2021

Synchronizing music with visual media output, such as films, television shows, advertisements, video games, accompanying websites and movies, is widespread. Indeed, drafting synchronization licenses has helped many a commercial copyright practitioner pay for his/her child's college tuition. But syncing music is part of our much broader daily lives, beyond the copyright system.

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Music Copyright Licensing Television 127

Velocity of Content

SEPTEMBER 2, 2021

The Creative Commons Option. In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

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Copyright Licensing Social Media Derivative Work 115

IP Tech Blog

SEPTEMBER 2, 2021

On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications until December 31, 2021. As explained on USPTO’s website , the COVID-19 Prioritized Examination Pilot Program provides the opportunity for small and micro entities to request prioritized examination of patent applications containing one or more claims to a product or process related to COVID-19 — wit

Invention 115

Invention Inventor Patent Application Blogging 115

IP Watchdog

SEPTEMBER 2, 2021

The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential opinion authored by Judge Dyk, partially reversed a ruling by the U.S. District Court for the Central District of California that had awarded damages to Lubby Holdings LLC for patent infringement by Henry Chung. While the Federal Circuit agreed that Chung directly infringed, it held that the court erred in awarding damages for the sales of infringing products prior to commencement of the case, which represents the date C

Patent 114

Patent Patent Infringement Inventor Litigation 114

The IP Law Blog

SEPTEMBER 2, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.

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Trademark Blogging IP Law 109

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

IPilogue

SEPTEMBER 2, 2021

Photo by Tima Miroshnichenko on Pexels. Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution.

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Contracts Confidentiality Law IP 106

JD Supra Law

SEPTEMBER 2, 2021

Cannabis Extraction Technology Litigation Updates - We previously predicted that, as the cannabis patent landscape matures and the number of cannabis patents reaches a critical mass, litigation in this field will increase. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Marketing Marketing Litigation Technology 105

The Illusion of More

SEPTEMBER 2, 2021

When the news broke that Charlie Watts had passed away, Instagram, Facebook, et al naturally bloomed with tributes, editorials, eulogies, and personal notes of gratitude for the late percussionist’s contributions to music. But although the virtual vigil has become standard practice every time a beloved cultural figure passes away, one overlooked difficulty of this and […].

Music 101

Music 101

JD Supra Law

SEPTEMBER 2, 2021

The minor hockey league ECHL iced a win over the San Diego Gulls hockey club earlier this month when a judge in the Central District of California granted ECHL’s motion for summary judgment dismissing all of the Gulls’ claims. The court found that because a 2015 agreement between the parties did not transfer any copyright in a gull-playing-hockey logo, ECHL was not on the hook for the Gulls’ legal fees and settlement payment in a separate action.

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Settlement Copyright 100

The IP Law Blog

SEPTEMBER 2, 2021

In ruling on motions to dismiss and motions for summary judgment, courts have found a number of patents ineligible under 35 U.S.C. § 101 as a matter of law. However, in Berkheimer v. HP , the Court of Appeals for the Federal Circuit indicated that in certain instances, the determination of patent eligibility under § 101 involves questions of fact and thus are questions for juries.

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Patent Invention Law Editing 97

JD Supra Law

SEPTEMBER 2, 2021

On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 1 in Interference No. 106,127 to be accorded benefit of priority to U.S. Patent Application No. 13/842,859, filed March 15, 2013, or in the alternative U.S. Patent Application No. 14/685,504, filed April 7, 2015, or U.S.

Patent Application 99

Patent Application Patent 99

The TTABlog

SEPTEMBER 2, 2021

Lacoste Alligator S.A. opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. Opposer's sales, advertising, and media coverage led the Board to conclude that Lacoste's alligator design marks are "'renowned' in the clothing market, and, at the very least, commercially quite strong.

Designs 90

Designs Design Advertising Advertising 90

43(B)log

SEPTEMBER 2, 2021

Punchbowl, Inc. v. AJ Press LLC, F.Supp.3d -, 2021 WL 3356848, No. 21-cv-03010-SVW-MAR (C.D. Cal. Jul. 16, 2021) This Rogers case about the name of an online publication involves a motion to dismiss that was converted to a motion for summary judgment. Plaintiff Punchbowl “is a technology company that develops online communications solutions for consumers, including online event invitations and greetings cards, with a focus on celebrations, holidays, and events.

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Fair Use Journalism Music Registration 88

IP Law 360

SEPTEMBER 2, 2021

The streaming service Locast said Thursday that it was suspending operations immediately, two days after a federal judge sided with the broadcast networks and ruled that the service was not covered by an obscure copyright exception.

Copyright 78

Copyright 78

The IPKat

SEPTEMBER 2, 2021

This Kat has become a purr-ito The sun is shining, the birds are singing, and the Kats are providing updates and commentary from around the world of IP. Copyright PermaKat Eleonora Rosati considered the ways in which EU Member States have been exercising (and derogated from the limits of) their discretion in transposing the DSM Directive so far, following June's deadline to do so, with a focus on Italy.

Editing 67

Editing Art Copyright Reporting 67

IP Law 360

SEPTEMBER 2, 2021

Sterile laboratory maker AES Clean Technology Inc. has sued a former operations manager for allegedly stealing more than 10,000 confidential documents for his new employer, a direct rival that it has separately litigated against.

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Confidentiality Litigation Technology 80

Legal Zoom

SEPTEMBER 2, 2021

An essential element of your estate plan, a healthcare proxy takes effect when you're temporarily incapacitated—but requirements vary by state.

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IP Law 360

SEPTEMBER 2, 2021

Since the beginning of 2021, the Federal Circuit has invalidated several antibody patents in cases that have deeply split the pharmaceutical industry and taken down a billion-dollar verdict. Here is a look at how the judges are handling these infringement and invalidity fights.

Patent 75

Patent 75

JD Supra Law

SEPTEMBER 2, 2021

BELCHER PHARMACEUTICALS v. HOSPIRA, INC. Before Reyna, Taranto, and Stoll. Appeal from the District of Delaware. Summary: A patentee committed inequitable conduct by advancing an argument during patent prosecution that contradicted the patentee’s prior arguments and evidence submitted to the FDA.

Patent Prosecution 68

Patent Prosecution Patent 68

IP Law 360

SEPTEMBER 2, 2021

A Virginia federal judge ruled Thursday that artificial intelligence cannot be listed as an inventor on a patent application, holding that the Patent Act makes clear that inventing is the exclusive legal province of human beings.

Inventor 75

Inventor Patent Application Invention Patent 75

Art Law Journal

SEPTEMBER 2, 2021

Deciding on your pricing is one of the hardest moves to make in the art industry. Read what it's like to calculate rates from illustrator, Molly Magnell. The post Pricing for Illustrators appeared first on Art Business Journal.

Journalism 62

Journalism Art Business Contracts 62

IP Law 360

SEPTEMBER 2, 2021

During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

Litigation 74

Litigation 74

JD Supra Law

SEPTEMBER 2, 2021

The US Court of Appeals for the Fifth Circuit reversed a district court’s dismissal of an initial confusion trademark complaint, finding that the plaintiff alleged a plausible claim of trademark infringement under the Lanham Act. Adler v. McNeil Consultants, LLC, Case No. 20-10936 (6th Cir. Aug. 10, 2021) (Southwick, J.).

Trademark 61

Trademark 61

IP Law 360

SEPTEMBER 2, 2021

Furniture giant Herman Miller Inc. will argue next week in favor of showing California jurors in an upcoming trade dress trial that its Aeron office chair was illustrious enough to be featured in "The Simpsons" and "Casino Royale," while a rival is set to challenge the use of the media clips. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Intellectual Property IP 66

43(B)log

SEPTEMBER 2, 2021

Bailey v. Rite Aid Corp., 338 F.R.D. 390, 2021 WL 1668003, No. 4:18-cv-06926 YGR (N.D. Cal. Apr. 28, 2021) Bailey brought claims over Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps as “rapid release.” Studies allegedly show that “traditional, non-rapid release acetaminophen products can be equally effective in the same, if not faster, time period than its Rite Aid rapid release products,” but Rite Aid still charged a premium.

Advertising 59

Advertising Advertising Marketing Marketing 59

IP Law 360

SEPTEMBER 2, 2021

Dish Network and SiriusXM are urging a Delaware federal judge to overrule a magistrate judge's recommendation that they not receive attorney fees from a Patent Trial and Appeal Board ruling that struck down a video playback patent asserted against them.

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IP Patent 66

JD Supra Law

SEPTEMBER 2, 2021

The protection of trade secrets and other confidential information is important to the bottom line of every company, whether a Fortune 100 corporation or a small business. In furtherance of that objective, this post gives employers an overview of two federal laws that provide employers with such protection and will highlight certain protective measures employers can implement to prevent the misappropriation of trade secret information by employees.

Confidentiality 58

Confidentiality Business Law 58

IP Law 360

SEPTEMBER 2, 2021

The American Society of Composers, Authors and Publishers agreed to pay royalties earned by a Grammy-nominated artist to the Internal Revenue Service in response to levies for his unpaid taxes, the U.S. government told a New York federal court Thursday.

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Government Publishing 66

JD Supra Law

SEPTEMBER 2, 2021

PIANO FACTORY GROUP, INC. v. SCHIEDMAYER CELESTA GMBH - Before Prost, Bryson, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: The appointments of TTAB judges do not share the constitutional defect that the Supreme Court remedied for PTAB judges in Arthrex.

Trademark 55

Trademark 55

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 2, 2021

IAM recently named four Fish & Richardson principals to the 2021 edition of “Strategy 300: The World’s Leading IP Strategists.” This exclusive list honors legal professionals across all industries who have earned a reputation for developing strategies that maximize the value of IP portfolios. To develop the list, IAM ’s research team spoke to a wide range of senior corporate IP managers in North America, Europe, and Asia, as well as third-party IP service providers, to identify top IP practi

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Due Diligence Journalism Intellectual Property Patent Prosecution 52