Mon.Jun 28, 2021

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An influencer essentially is a brand, and should be protected with trademark filings

Erik K Pelton

The number of influencers who generate significant revenue, sometimes millions of dollars, stemming from their personal brand and yet have never filed for trademark registration is astonishing. The post An influencer essentially is a brand, and should be protected with trademark filings appeared first on Erik M Pelton & Associates, PLLC.

Branding 130
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The UK must find a way to align CPTPP and EPO grace period regimes - or maybe not

IAM Magazine

Developments elsewhere suggest the British government may not be overly concerned that obligations under the trans-Pacific partnership could well contradict its commitments as a member of the European Patent Organisation.

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Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes

SpicyIP

We are pleased to bring you a guest post from Rounak Doshi, discussing the position of law on arbitrability of trademark disputes in light of Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. Rounak is a 2nd year student at NLIU Bhopal. Our previous posts on questions of IPR and arbitration can be viewed here.

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The Law Bytes Podcast, Episode 94: Former CRTC Vice Chair Peter Menzies Reflects on the Battle over Bill C-10

Michael Geist

The Liberal government strategy to push through Bill C-10 bore fruit last week as the controversial Broadcasting Act reform bill, received House of Commons approval at 1:30 am on Tuesday morning. Bill C-10 proceeded to receive first reading in the Senate later that same day and after a series of Senate maneuvers, received second reading from Senator Dennis Dawson the following day.

Law 67
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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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District of Delaware Denies Defendant’s Motion for Further Construction of Previously Construed Claim Term in Dispute But Leaves Door Open that It May Further Construe the Same Term Again Before or During Infringement Trial

Delaware Intellectual Property Litigation Blog

By Memorandum Order entered by The Honorable Maryellen Noreika in Sentient Sensors, LLC v. Cypress Semiconductor Corp. , Civil Action No. 19-1868-MN (D.Del. June 24, 2021), the Court denied Defendant Cypress Semiconductor Corporation’s motion seeking further construction of the claim term “embedded” which appears in numerous claims of the patent-in-suit, U.S.

Copying 66
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[Guest post] Danish court tackles balance between copyright and freedom of speech and religion

The IPKat

The interplay (and clash) between copyright protection and other fundamental rights and freedoms has become increasingly frequent and relevant over the past few years. The IPKat is pleased to host the following guest post by Jakob Plesner Mathiasen (IFPI Denmark and Ples&Lindholm) on a recent and very interesting Danish decision. Over to Jakob: Danish court tackles balance between copyright and freedom of speech and religion by Jakob Plesner Mathiasen On 8 June 2021, the Danish High Court is

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Tips for Benefitting from a U.S. Trademark Examiner’s Amendment

IP Intelligence

Trademark examiners in the U.S. often will reach out to applicants to handle certain amendments to their applications, avoiding the issuance of formal office actions. There are many benefits to working with the examiners, even though the window of opportunity is usually quite short. Notably, prosecution will proceed much more quickly if applicants can take advantage of working with the examiners to effect amendments that are often simple or require minimum substantive review.

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‘Made in China’ goes standard: a reform of the industrial design protection system is bringing the Asian giant into line with international norms

Garrigues Blog

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. The legal text, dating from 1985, has been reformed on three previous occasions (1992, 2000 and 2008). .

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Non-fungible tokens (NFTs) and intellectual property rights

Barry Sookman

I had the pleasure of speaking at a webinar organized by the Canadian Blockchain Consortium on the topic of The Regulatory and Legal implications of NFTs. My focus was on non-fungible tokens (or NFTs) and intellectual property rights. Below are my speaking notes which set out my views on whether all the claims about NFTs are true, whether NFTs verify the authenticity of physical or digital assets, what do people buy when the acquire NFTs and what can they do with them, and do creators, sellers a

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How to file US patent application based on foreign priority claim (Paris Convention, not PCT)

Patent Trademark Blog

What is a conventional priority claim? Aside from the PCT, a US utility patent application may be filed claiming the benefit of an earlier filing date of a foreign priority application for the same invention. This conventional priority claim under 35 USC Section 119 may go by different names such as “straight priority” or “ Paris Convention ” or direct priority.

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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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College counsel share notes on how they choose to litigate

Managing IP

Sources from MIT, the University of Florida and the University of Pennsylvania say relationships, reputation and budgets are key considerations for patent cases

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With patent licensors already knocking at the door, Reliance Jio will need IP savvy to deliver $50 handset

IAM Magazine

Asia’s richest man has promised the world’s cheapest smartphone; controlling IP costs will be key.

IP 52
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PTAB survival guide: in-house set out how to save patents

Managing IP

Five in-house counsel from Sanofi, USG and other companies reveal how to sway the board to deny IPR institution

Patent 52
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Defendants File Notice of Removal in Case Filed by Noble Roman’s

Indiana Intellectual Property Law

Indianapolis, Indiana – Defendants, Gateway Triangle Corp., 7405 Indy Corp., 850 Indy Corp. Northlake Marketing, LLC and Thomas M. Collins, in a suit originally filed by Noble Roman’s, Inc. in the Superior Court of Marion County, Indiana filed a Notice of Removal to the United States District Court for the Southern District of Indiana. According to the Complaint, Noble Roman’s is the exclusive holder of licensing and franchising rights relating to the Noble Roman’s pizza brand.

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The Sedona Conference Seeks Public Comment on Protecting Trade Secrets throughout the Employment Life Cycle

Trading Secrets

The Sedona Conference’s working group on trade secrets has created a draft Commentary on Protecting Trade Secrets throughout the Employment Life Cycle. The draft Commentary explains: Employees are at the center of most aspects of trade secrets: Trade secrets cannot exist without the work of employees, cannot be protected without the efforts of employees, and would rarely be compromised or lost without the conduct of employees.

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TTAB Affirms Failure-to-Function Refusal of NIGGA for Clothing

The TTABlog

In a sixty-page opinion, the Board upheld a refusal to register the proposed mark NIGGA (in standard character form) for various clothing items, finding that the term fails to function as a trademark in view of its widespread use on clothing offered by multiple third parties. The Board rejected Applicant Snowflake's argument that the Supreme Court decision in Tam requires registration of racial epithets because of their expressive nature.