Hugh Stephens Blog
OCTOBER 18, 2021
These days it is not uncommon to see red paint splashed on the statue of some controversial historical figure, or even to have the statue defaced, vandalized or perhaps torn down from its pedestal. It has happened to Christopher Columbus, Winston Churchill, Robert E. Lee, and Queen Victoria, to name just a few recent targets.
Erik K Pelton
OCTOBER 18, 2021
Some proactive habits can help greatly boost the health of our teeth and prevent cavities. Similarly, some proactive measures can help protect a brand and significantly lower the risk trademark problems! The post Preventing trademark problems is like preventing cavities appeared first on Erik M Pelton & Associates, PLLC.
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TorrentFreak
OCTOBER 18, 2021
Dune (also known as Dune: Part One) is the first installment of a planned two-part adaption of the 1965 sci-fi book written by Frank Herbert. The movie has been in the planning for years, with filming eventually taking place between March and July 2019. Dune had its world premiere at the 78th Venice International Film Festival on September 3, 2021, and Warner Bros. released the movie internationally on September 15, which did not include key markets such as the US and UK.
IPilogue
OCTOBER 18, 2021
Photo by Gayatri Malhotra ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . The US National Inventors Hall of Fame (“NIHF”) has released its list of 2022 inductees, which notably includes two Black Female inventors for the first time in this organization’s 48-year history. As the NIHF has never inducted Black woman before, I intend to provide some preliminary historical context, an overview of Black women’s contributions to STEM, and to gest
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?
TorrentFreak
OCTOBER 18, 2021
Copyright holders have tried a wide variety of legal options to tackle online piracy, including lawsuits. This year we have seen a series of complaints in US courts where filmmakers sued third-party services for facilitating piracy. This includes VPN providers and their hosting companies. VPN.ht is one of the companies that was sued. Last week it settled the case by agreeing, among other things, that it would block BitTorrent traffic and keep logs on US servers.
IP.com
OCTOBER 18, 2021
A patent holder can file an infringement suit against a defendant without knowing for sure if the defendant infringed on the patent holder’s rights. All the plaintiff needs is a. The post Understanding the Challenges of Patent Litigation Discovery appeared first on IP.com - IP Innovation and Analytics.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Patently-O
OCTOBER 18, 2021
by Dennis Crouch. Edible IP v. Google (GA 2021). This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The following comes from Edible’s brief: Edible’s claim is simple. It owns valuable intangible property associated with the trade name “Edible Arrangements.” The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit.
Michael Geist
OCTOBER 18, 2021
Facebook has once again found itself in the political spotlight as Frances Haugen, a former data scientist and product manager with the company turned whistleblower, provided the source documents for an explosive investigative series in the Wall Street Journal followed by an appearance before a U.S. Senate committee. The Facebook Files series comes just as Canada is moving toward its own legislative response to Internet concerns, with an online harms consultation that provides a roadmap for fut
IP Watchdog
OCTOBER 18, 2021
A motion filed on Friday, October 15, with the U.S. Court of Appeals for the Federal Circuit (CAFC) requests that the appellant, Charles Bertini, be allowed to present evidence not of record in order to demonstrate that bias at the Trademark Trial and Appeal Board (TTAB) may have had a negative impact on his case. Bertini owns the mark APPLE JAZZ, which was registered in New York state in 1991 for entertainment services.
IP Law 360
OCTOBER 18, 2021
The U.S. Food and Drug Administration has given Boehringer Ingelheim the green light to launch an interchangeable biosimilar to AbbVie Inc.'s blockbuster immunosuppressant Humira.
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.
IP Watchdog
OCTOBER 18, 2021
This week in Washington IP events, the Senate IP Subcommittee convenes a hearing on Tuesday afternoon to debate the Pride in Patent Ownership Act, which would increase requirements on patent owners to disclose changes in patent ownership. NASA’s role in space, including the growing commercial space sector in low-Earth orbit, as well as in developing nuclear propulsion systems for deep space exploration, will be the focus of hearings by other Senate subcommittees.
IP Law 360
OCTOBER 18, 2021
A Ninth Circuit judge on Monday doubted LinkedIn's arguments that the U.S. Supreme Court's recent vacatur of a circuit panel's prior ruling suggests that LinkedIn can deny a data analytics startup access to public profiles, saying the justices' opinion is "irrelevant" to the panel's prior decision, which doesn't appear to conflict with recent precedent.
CoCal IP Law Institute
OCTOBER 18, 2021
Please join us on Monday, October 18, 2021 at 1:00 pm, where we will watch a video presentation on Substance Abuse - The Law and Science of Impaired Driving (Competence MCLE) by Eric Ganci, of CGLaw., hosted by the San Diego Law Library and originally aired on December 16, 2020. Video link here. [link] [.
IP Law 360
OCTOBER 18, 2021
A country-rap performer has reached a deal to settle a Florida-based artist's claims that he violated the federal Visual Artists Rights Act by shooting up two paintings with guns and making derogatory remarks about the artist on social media, according to a joint filing from the parties on Monday.
The IPKat
OCTOBER 18, 2021
As readers may be aware, Nigeria is also on the journey to amending its copyright statute and last week, the Senate organised a joint public hearing on 2 copyright amendment Bills currently tabled before it. Katfriend, Desmond Oriakhogba attended the hearing on behalf of the Electronic Information for Libraries (EIFL) and t he Program on Information Justice and Intellectual Property (PIJIP) and now reports on how it went and what to expect.
IP Law 360
OCTOBER 18, 2021
Mary Kay Inc. has asked a Texas federal judge to prevent its founder's former personal assistant from advertising or selling a book about lessons she learned on the job, alleging the book steals from copyrighted material and is wrongly presented as endorsed by the company.
Managing IP
OCTOBER 18, 2021
Senior IP sources at five companies say the Winston & Strawn litigator could be great or ‘more of the same’ – either way, they want someone in the role soon
LexBlog IP
OCTOBER 18, 2021
Australian businesses are increasingly turning to overseas manufacturers to fulfil domestic demand for chemicals and chemical-based consumer products. Year on year, figures show that Australian companies are importing increasing volumes of these products, with some of the strongest performers coming from the domestic fuel, pharmaceutical, and cosmetic sectors of the chemicals-based consumer market.
JD Supra Law
OCTOBER 18, 2021
On September 29, 2021, the Federal Circuit in In re: Vivint, Inc. (Fed. Cir. 2021) held that 35 U.S.C. § 325(d) applies to both inter partes review (IPR) petitions and requests for ex parte reexamination. Accordingly, the Federal Circuit found that “the Patent Office, when applying § 325(d), cannot deny institution….
IP Law 360
OCTOBER 18, 2021
Professor Uche Ewelukwa Ofodile gives her students at University of Arkansas School of Law a relatively simple assignment: Go talk with local business owners about their intellectual property. The result is often that those business owners don't know what IP they have or don't think they have the resources to protect it — something Ofodile has dedicated her career to changing.
Indiana Intellectual Property Law
OCTOBER 18, 2021
The U.S. Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in September 2021 based on applications filed by Indiana trademark attorneys: Reg. Number. Trademark. 6504403. SUCCESS AT WORK COACH. 6500515. TRUCKING FROM SCRATCH. 6500137. GLENRIDGE. 6500132. COASTAL MIX. 6500116. EZ-REACH. Reg. Number.
JD Supra Law
OCTOBER 18, 2021
In a recent decision out of the U.S. District Court for the District of Minnesota, a court ruled that a non-party to a lawsuit could be held in contempt for violating a preliminary injunction entered against the defendants in the lawsuit regarding, among other things, trade secrets such as customer lists and customer contacts.
azrights
OCTOBER 18, 2021
Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. I’ll then explain the role of trademarks and why and how to be strategic with them. The Meaning of Brand. The best way I’ve found to explain brands is by contrasting them to their unbranded commodity counterparts.
JD Supra Law
OCTOBER 18, 2021
ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll. Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can sustain a finding of exceptionality under 35 U.S.C. § 285 to support an award of attorneys’ fees.
LexBlog IP
OCTOBER 18, 2021
Across the globe, concerns continue regarding cryptocurrencies and digital currency exchanges. In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.
JD Supra Law
OCTOBER 18, 2021
- NIL (name, image, likeness) continues to captivate headlines as athletes forge ahead with profit-churning ventures while still in school thanks to the NCAA’s new rules. Sedona Prince of the Oregon Ducks is a rock star as she became a sole proprietor and is building her own empire, brand along with merchandises. She has been dubbed as the official poster child for NIL, a rightfully earned title with more than 246 thousand followers on Instagram and a staggering 2.8 million on Tik Tok.
LexBlog IP
OCTOBER 18, 2021
Earlier this year, we published our blog on the topic of ‘Deepfakes’ , in which we argued that the rise of this technology necessitates urgent legal reform. Without the courts developing English law in a way that they are usually unwilling to do, the current position is that it is not well-suited to deal with the problems that deepfakes pose.
JD Supra Law
OCTOBER 18, 2021
The academic calendar has turned to October as athletic conferences and their member institutions attempt to deal with athletes’ growing expectations about name, image and likeness (NIL) opportunities. The tsunami created by the Supreme Court’s unanimous midsummer decision in Alston v.
LexBlog IP
OCTOBER 18, 2021
The Supreme Court recently denied a petition for certiorari by Monib Zirvi and others, in which petitioners sought Supreme Court intervention regarding the notice required to trigger the statute of limitations clock for trade secret misappropriation claims. The case is Zirvi et al. v. Flatley et al. (Case No. 20-1612). You can review the petition here.
JD Supra Law
OCTOBER 18, 2021
By Memorandum Order entered by the Honorable Maryellen Noreika in Vertigo Media, Inc. et al. v. Earbuds Inc., Civil Action No. 21-120-MN (D.Del. October 14, 2021), the Court denied plaintiffs Vertigo Media, Inc. and Remote Media LLC’s motion for preliminary injunction in their action against defendant Earbuds Inc. claiming infringement of several claims of U.S.
LexBlog IP
OCTOBER 18, 2021
On June 8, 2021, the United States Court of Appeals for the Second Circuit ruled in Beierwaltes v. Federal Office of Culture of the Swiss Confederation that the temporary seizure in Geneva of antiquities belonging to Colorado-based art collectors conducted by Swiss authorities, as part of a Swiss police investigation, does not fall within the scope of the “expropriation exception” of the U.S.
JD Supra Law
OCTOBER 18, 2021
A review of significant developments, cases, and verdicts throughout the United States in 2021 in trade secrets law - The outset of a case poses a special challenge to a plaintiff asserting misappropriation of trade secrets. The plaintiff has to sufficiently describe the information that is uniquely within its province and the elements that plaintiff contends render the information a trade secret – a concept that almost always requires a detailed factual inquiry to differentiate it from common.
Likelihood of Confusion
OCTOBER 18, 2021
The “Downfall parodies” aren’t really parodies, in the legal sense. But as this one demonstrates, “Hitler” does seem to understand something about copyright, law, IP management and, of course, slaloming. The post Hitler on copyright appeared first on LIKELIHOOD OF CONFUSION™.
IP Tech Blog
OCTOBER 18, 2021
Earlier this year, we published our blog on the topic of ‘Deepfakes’ , in which we argued that the rise of this technology necessitates urgent legal reform. Without the courts developing English law in a way that they are usually unwilling to do, the current position is that it is not well-suited to deal with the problems that deepfakes pose. Perhaps surprisingly, there are no laws specifically regulating the use of this technology.
Velocity of Content
OCTOBER 18, 2021
When the United Nations Climate Change Conference ( COP26 ) opens in Glasgow, Scotland on October 31, the international publishing community stands ready for action. Government leaders and others planning for COP26 have described a sense of urgency to remain in line with the Paris Agreement goal of holding global temperature rise to keep 1.5 degrees Celsius.
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