Thu.May 27, 2021

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Beer: You Know It When You Taste It, Or Maybe Not

The IP Law Blog

Hard seltzer first hit the marketplace about five years ago and rapidly grew in popularity with sales exceeding $4.5 billion in 2020. Wanting to ride the wave of success, many companies have introduced hard seltzers into this now crowded space. But what is a hard seltzer? Is it a form of beer or something else? Based on its popularity, most would say, “Who cares whether hard seltzer is beer, just give me one.

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Supporting Mental Health Awareness Month: Resources for Creators

Copyright Alliance

May is Mental Health Awareness Month, and this national movement is exceptionally important as the COVID-19 pandemic has affected how creators work and make a living. Isolation, combined with the […]. The post Supporting Mental Health Awareness Month: Resources for Creators appeared first on Copyright Alliance.

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Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers

U.S. Department of Commerce

Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. May 27, 2021. KCPullen@doc.gov. Thu, 05/27/2021 - 09:16. Export and investment promotion. Intellectual property. Minority business growth. Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. The Department of Commerce is proud to join the Nation in recognizing the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, also known as Asian Amer

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Breaking Down the Instagram Photo Embedding Class Action Lawsuit

Copyright Lately

In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. Do the plaintiffs have a case? I finally had a chance to take a closer look at the new copyright class action complaint filed last week against Instagram. In a nutshell, the lawsuit alleges that the social media app induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own web

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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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Fish & Richardson Attorneys Named Recipients of the 2020 Patent Pro Bono Achievement Certificate

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is proud to announce that six of its attorneys were named recipients of the Pro Bono Achievement Certificate by the United States Patent and Trademark Office (USPTO). This recognition acknowledges those law firms and attorneys who help make the Patent Pro Bono Program a success. The Fish attorneys recognized and their respective programs include: Timothy Riffe – California Inventors Assistance Program.

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Restaurants are About to Take Off. Are Restaurateurs Prepared? Legal (and Business) Issues as Restaurants Open

GDB Firm Blog

The Spanish Flu pandemic of 1918 was followed by the Roaring Twenties, and some are now predicting a modern version of a roaring 20's following our own Coronavirus plague. Just as in the Roaring Twenties, people today are gathering again and celebrating and much of this human interaction is taking place in restaurants. While the pandemic has decimated much of the restaurant industry, the industry is on the brink of a colossal rebound.

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EMAILS HELD NOT TO SATISFY CONTRACTUAL NOTICE REQUIREMENTS

GDB Firm Blog

Emails from a contractor to the City setting forth the nature of a claim and the amount of damages were held insufficient to meet the strict notice requirements of a public construction contract.

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Full Patent Protection vs. a Provisional Patent Application

TraskBritt Intellectual Property

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? A provisional patent application allows a patent applicant to reserve priority in an invention before committing to the full utility patent application process.

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NOTICE? YOU WANT NOTICE? YOU ORDERED THE WORK IN THE FIRST PLACE!

GDB Firm Blog

An appellate court reiterates the sad truth that even the government's knowledge of a contractor's claim does not relieve the contractor of the duty to give formal notice of such claim in strict compliance with the contract's requirements.

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Blocking orders available in Canada rules Court of Appeal in GoldTV case

Barry Sookman

In a landmark decision released by the Federal Court of Appeal in Teksavvy Solutions Inc. v. Bell Media Inc. 2021 FCA 100, the Court affirmed the blocking order made against the pirate streaming service GoldTV and confirmed that blocking orders are available in Canada to combat illicit online services that target the Canadian market with infringing copyright content.

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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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Counsel split on whether USPTO’s TMA rules will deter bad guys

Managing IP

Parties must do their homework before initiating one of the Trademark Modernization Act’s new proceedings, but this may not be enough to deter bad actors

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COURT FINDS LIEN LAW TRUST FUNDS TO BE DIVERTED DESPITE REPLENISHMENT

GDB Firm Blog

A project owner was held to have diverted building loan trust funds even though it replenished them with other funds to which it had access.

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SEP wars: ‘no peace’ in Germany until CJEU ruling

Managing IP

In-house sources suggest parties will continue fighting SEP battles everywhere in Germany – except for Düsseldorf

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TTAB Cancels Registration for Gun Barrel Trade Dress on Grounds of Functionality

Above the Fold

On May 20, 2021, the TTAB issued a lengthy and comprehensive precedential opinion canceling Proof Research, Inc.’s registration for the trade dress of a gun barrel (as shown below) on grounds of de jure functionality under Section 2(e)(5). The registered trade dress “consists of trade dress applied to gun barrels formed with a mottled pattern of irregularly-sized, rippled patches, resembling a quilt having striated patches of varying shapes and reflectivity depending on the ambient light source

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USPTO Implementing Trademark Modernization Act

IP Intelligence

Earlier this month, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rule-making [1] to implement provisions of the Trademark Modernization Act (TMA), which Congress passed in December 2020. [2] The public has until July 19, 2021, to comment on the proposed rule-making before implementation. The proposed rules create new nonuse cancellation procedures, shorten office action response deadlines and expand on the USPTO’s Letter of Protest procedures, among other cha