Erik K Pelton
JULY 7, 2021
Like the incredible amount of flowers that blossom every spring, there is a tremendous variety of trademarks. In this episode, Erik makes a strong analogy between flowers and the intersecting world of trademarks. The post Trademarks: A stunning Variety appeared first on Erik M Pelton & Associates, PLLC. Like the incredible amount of flowers that blossom every spring, there is a tremendous variety of trademarks.
SpicyIP
JULY 7, 2021
Image from here. In a welcome move yesterday, the Delhi High Court issued a press release stating that it will create an Intellectual Property Division (hereinafter IPD) in the Delhi High Court. According to today’s roster sheet , the judges that have been nominated for IPD are Justice Suresh Kumar Kait, Justice Jayant Nath, Justice Anu Malhotra, Justice C.
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Kashishipr
JULY 7, 2021
When we talk about safeguarding some specific piece of information that adds to the commercial value of the goods, two obvious options come to our minds. The first is trade secrets, and the second is patents. The choice between the two options widely depends on the type of enterprise, the nature of operations undertaken by such an enterprise, and the value of the subject matter to be protected.
IP.com
JULY 7, 2021
Live Webinar: The New Engineer in the Room: AI-Powered Workflow for Brainstorming & Problem Solving July 14, 2021 2:00 pm EDT Learn More IP.com and Engineering.com are joining forces to. The post Join IP.com and Engineering.com Live! appeared first on IP.com - IP Innovation and Analytics.
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?
JD Supra Law
JULY 7, 2021
The Supreme Court has granted a petition for writ of certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. to determine whether invalidation of copyright registrations under Section 411(b) of the Copyright Act has an intent-to-defraud the Copyright Office requirement. A valid copyright registration is a prerequisite to bringing an infringement suit in federal court.
The Illusion of More
JULY 7, 2021
COVID-19 shutdowns naturally affected some businesses more acutely than others, and many who felt the sting turned to entrepreneurism. Some saw new ventures as their only options, while others viewed the crisis as a forced opportunity to try something they had long dreamed of pursuing. No matter what motivates people to take that career leap, […].
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Likelihood of Confusion
JULY 7, 2021
The post Ryan George on brands appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JULY 7, 2021
The Federal Circuit’s recent precedential decision in Yu v. Apple reflects an important data point in the Court’s § 101 jurisprudence as it applies to patents claiming computer-implemented inventions. F.3d , 2021 WL 2385520 (Fed. Cir. June 11, 2021). In Yu, a divided Federal Circuit panel affirmed the Northern District of California’s grant of Apple’s and Samsung’s Rule 12(b)(6) motions to dismiss on ineligibility grounds, where the asserted claims were directed to a tangible, physical.
IPilogue
JULY 7, 2021
Photo Credits: Sebastian Herrmann ( Unsplash). Claire La Mantia is a Guest Writer and a 2L JD Candidate at Osgoode Hall Law School. Determining whether an employer or an employee owns the intellectual property of a work produced during the course of employment can be challenging. While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into deve
The IPKat
JULY 7, 2021
Late in May, a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. The ARB is the organisation established by its members (who are advertisers) to regulate the advertising industry in South Africa.
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.
Managing IP
JULY 7, 2021
Counsel at luxury brands and those in the consumer goods and pharmaceutical industries debate whether openness or silence is the best way to combat counterfeiting
IAM Magazine
JULY 7, 2021
The Long Read : Intellectual assets are all too often underutilised and under-protected, even in knowledge-based businesses. Spotify’s Per Wendin and Ellenor Hayes explain how the audio-streaming platform avoids falling into that trap with a strategy designed to safeguard, develop and leverage the intellectual assets that it holds so as to maximise their value.
Managing IP
JULY 7, 2021
Some say the rejection of the FTC’s ruling against 1-800 Contacts avoids settlement uncertainty, but others say it emboldens bad behaviour from brands
IP Blog
JULY 7, 2021
Drawings are an essential element of any patent application for a device or design that requires a visual depiction of the functions and concepts involved. It is critical for all inventors to provide the best possible patent drawings so that examiners quickly understand the invention set forth in the application, thereby increasing the likelihood of a patent being granted.
LexBlog IP
JULY 7, 2021
Con una recente ordinanza del 16 giugno 2021 (disponibile online qui ), il Tribunale di Torino ha ribadito la possibilità per il giudice di modulare il provvedimento inibitorio emesso in un caso di contraffazione brevettuale, facendo applicazione del principio di proporzionalità Nello specifico il giudice torinese, ritenuta la validità di due brevetti di proprietà delle società ricorrenti e la relativa contraffazione ad opera dei prodotti fabbricati e commercializzati da
Likelihood of Confusion
JULY 7, 2021
On Point reports that a New Jersey federal magistrate has, to the surprise of no actual attorney I could imagine, ruled that MySpace and Facebook postings and other social networking communications. The post No social networking privilege appeared first on LIKELIHOOD OF CONFUSION™.
LexBlog IP
JULY 7, 2021
A recent Federal Trade Commission (FTC) action demonstrates how the FTC has pivoted toward enforcement actions based on specific acts of Congress and rules in light of the Supreme Court’s ruling in AMG Capital. Congress passed the COVID-19 Consumer Protection Act in December 2020, which made deceptive acts or practices involving the treatment, cure, prevention, mitigation, or diagnosis of COVID-19 unlawful.
Above the Fold
JULY 7, 2021
Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.” The series appears to be tailored to small business owners and entrepreneurs and is broken up into eight modules focused on discrete topics. Registration for the upcoming modules listed below, as well as access to other past and future modules, is available here.
LexBlog IP
JULY 7, 2021
Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.” The series appears to be tailored to small business owners and entrepreneurs and is broken up into eight modules focused on discrete topics. Registration for the upcoming modules listed below, as well as access to other past and future modules, is available here.
JD Supra Law
JULY 7, 2021
The Federal Circuit sits for oral arguments this week. Despite juggling argument preparation and the July 4 holiday weekend, the Court still managed to release several decisions last week. One was a precedential order granting mandamus to order a change of venue (a subject our blog has covered before). Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.
IAM Magazine
JULY 7, 2021
Country’s National Health Service fails to overturn rules on damages sought by healthcare providers affected by failed enforcement.
JD Supra Law
JULY 7, 2021
On July 1, the U.S. Patent & Trademark Office (USPTO) issued guidance reminding applicants to distinguish between prophetic examples and working examples. Prophetic examples describe reasonably anticipated results on experiments that have not yet been performed. Working examples describe experiments that have actually been performed.
IAM Magazine
JULY 7, 2021
EPO practice has become increasingly strict with regard to the clarity of parameters, which can land applicants in the so-called ‘unclear essential parameter trap’, where innovative patents may be refused on purely formal grounds. However, steps can be taken to ensure that applicants stay well clear of such dangerous ground.
JD Supra Law
JULY 7, 2021
On July 1, the Federal Trade Commission (FTC), under the leadership of new Chair Lina Khan, held the first open Commission meeting in a series of announced monthly meetings. It was interesting to watch, and I have high hopes that Chair Khan, an accomplished Columbia University Law professor who….
Patent Trademark Blog
JULY 7, 2021
How will a design mark application be compared to a word mark registration? To register a trademark containing numbers and/or letters, a trademark application may typically be filed for the word mark (standard characters) or the design mark (e.g., logo). As discussed in this post on their differences , a word mark application covers the wording whereas a design mark application covers the stylistic.
JD Supra Law
JULY 7, 2021
Depending on the filing rate in the second half of the year, 2021 could end up being the least active year for petition filing since 2013. Currently, the number of petitions is on pace to approach 1,400, which would narrowly edge the total from 2019. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
LexBlog IP
JULY 7, 2021
In addition to issuing new Standard Contractual Clauses ( SCCs ) for international transfers of personal data to a third country outside the EEA, the European Commission has also published the finalised Article 28 SCCs for use between controllers and processors. The Article 28 SCCs came into force on 27 June 2021. Unlike the SCCs for international data transfers, it will not be mandatory to use the Article 28 SCCs.
JD Supra Law
JULY 7, 2021
Rooted in the principle of fairness, the doctrine of assignor estoppel generally prevents an inventor, who had previously assigned their patent rights to another for value, from later contesting the validity of the assigned patent. On June 29, 2021, in Minerva Surgical, Inc. v. Hologic Inc., the Supreme Court upholds the doctrine of assignor estoppel, but finds that “assignor estoppel only applies when the assignor’s claim of invalidity contradicts explicit or implicit representations he made.
Olartemoure Blog
JULY 7, 2021
La entrada Ranking Benchmark se publicó primero en OlarteMoure | Intellectual Property.
JD Supra Law
JULY 7, 2021
Contrary to some predictions, assignor estoppel did not suffer the same fate in the hands of the Supreme Court as licensee estoppel in Lear v. Adkins. In fact, the doctrine, which essentially boils down to limiting an assignor’s ability to assign a patent and then later challenges the validity of it in litigation, was narrowed but certainly not eviscerated as some had hoped.
Olartemoure Blog
JULY 7, 2021
La entrada IAM 1000 Ranking se publicó primero en OlarteMoure | Intellectual Property.
JD Supra Law
JULY 7, 2021
The Supreme Court, in a 5-4 decision, reaffirmed the existence of and rejected calls to eliminate the patent doctrine of assignor estoppel in Minerva Surgical, Inc. v. Hologic, Inc. This doctrine generally prevents a patent owner or inventor from assigning a patent to someone and then later alleging that patent is invalid in litigation. The Court, however, substantially narrowed the doctrine, rejecting the Federal Circuit’s overly expansive application in past cases.
IAM Magazine
JULY 7, 2021
An overview of the Russian trademark landscape focuses on key points that trademark applicants need to consider when registering their marks.
JD Supra Law
JULY 7, 2021
In re: Samsung Electronics Co., Ltd., et al., Appeal Nos. 2021-139, -140 (Fed. Cir. June 30, 2021) - In this week’s Case of the Week, the Federal Circuit granted mandamus petitions filed by Samsung and LG Electronics, directing that patent cases pending against them in the Western District of Texas be transferred to the Northern District of California.
SpicyIP
JULY 7, 2021
Eli Lilly’s Logo (image from here ). A recent report by The Print revealed that Indian drugmaker Bajaj Healthcare (‘BH’) has applied to the Patent Office for a compulsory license to manufacture Eli Lilly’s Baricitinib. At the moment, the application itself or any response from Eli Lilly to its filing is unavailable, but the report provides details of the circumstances surrounding it.
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