Erik K Pelton

DECEMBER 10, 2021

10The following is an edited transcript of my video, Preventing Trademark Problems is Like Preventing Cavities. Preventing trademark problems is like preventing cavities. lieve that is for two reasons. One is doing the work of taking care of my teeth: brushing, flossing, visiting the dentist regularly. A fair share probably is due to genetics, because I know other people in my family have had no or very few cavities as well.

Trademark 147

Trademark Social Media Branding Brands 147

TorrentFreak

DECEMBER 10, 2021

The European Union Intellectual Property Office ( EUIPO ) regularly conducts studies to see how piracy evolves over time. These studies help the public to understand local piracy trends and can be used as input for future policy decisions. This week, EUIPO published the latest version of the annual online copyright infringement report. The study looks at the period between 2017 and 2020 which includes the start of the Covid pandemic, where piracy reportedly spiked.

Music 126

Music Reporting Intellectual Property Copyright Infringement 126

IPilogue

DECEMBER 10, 2021

Sarah Raja is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. Background. In 1949, C.W. Scott-Giles created an illustration called Upper Hell. It was published in the U.K. as part of Dorothy L.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

TorrentFreak

DECEMBER 10, 2021

With the rise of NFTs in recent times, it was always a question of if, not when, controversies surrounding them would eventually descend into lawsuits. Following his first foray into the arena, Quentin Tarantino didn’t have to wait long. In an early November announcement , the world-famous director said he would begin selling Pulp Fiction-themed NFTs, tempting buyers with handwritten scripts and exclusive custom commentary.

Non-Fungible Tokens 115

Non-Fungible Tokens Cinema Contracts Fair Use 115

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

JD Supra Law

DECEMBER 10, 2021

The shift to online marketplaces has created an incredible boom for some, and significant loss to others. Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics.

Branding 102

Branding Brands Branding Social Media 102

IAM Magazine

DECEMBER 10, 2021

Three-quarters of IP market leaders in latest IAM Panel Report say they’re taking a cautious approach to the venue, which passed another key milestone for establishment last week.

Marketing 92

Marketing Marketing Reporting IP 92

Velocity of Content

DECEMBER 10, 2021

The National Coalition Against Censorship has decried an “organized political attack on books in schools [that] threatens the education of America’s children.”. The NCAC statement released on Wednesday attracted a coalition of more than 600 signatories – among them, 50 bookstores, 17 publishers and over 450 individual authors, teachers and librarians – all denouncing, “ongoing attempts to purge schools of books” as part of “a partisan political battle fought in school board meetings and state l

Publishing 93

Publishing Copyright 93

JD Supra Law

DECEMBER 10, 2021

Since the Supreme Court’s decision in TC Heartland (137 S. Ct. 1514 (2017)), the venue statute for patent cases, 28 U.S.C. § 1400(b), has been interpreted to mean that venue is proper only where the defendant “resides” or where the defendant “has committed acts of infringement and has a regular and established place of business.” Recently in Celgene Corp. v.

Business 98

Business Patent 98

IAM Magazine

DECEMBER 10, 2021

Saturday Opinion: Fabrice Mattei of Rouse says two measures that emerged from last month's COP26 climate summit can reshape the future of the patent system.

Patent 97

Patent Licensing Blogging Technology 97

JD Supra Law

DECEMBER 10, 2021

NFT's have reignited and expanded the market for digital art. When Hollywood director Quentin Tarantino tried to create an NFT project using intellectual property owned by the studio, the reaction from the execs was less than enthusiastic.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Art Marketing 98

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

43(B)log

DECEMBER 10, 2021

Watkins Inc. v. McCormick & Co., 2021 WL 5810487, NO. 15-2688(DSD/BRT) (D. Minn. Dec. 7, 2021) It’s very interesting to me that, even as the TMA made injunctive relief much easier to get in Lanham Act cases, courts also seem to be presuming that disgorgement of profits is a standard remedy. Is there some “IP Institute” for judges that is replicating the successes of the Law & Econ institutes for judges in convincing them of what the law is?

False Advertising 90

False Advertising Advertising Advertising Law 90

JD Supra Law

DECEMBER 10, 2021

In a recent decision issued in Indivior UK Limited v. Dr. Reddy’s Laboratories, the Federal Circuit affirmed a decision from the PTAB that a limitation to range of polymer weight percentages lacked written description support even though the specification contained specific examples within the range. The patent at issue, Indivior’s U.S. Patent No. 9,687,454 (the “’454 patent”), generally relates to orally dissolvable films containing therapeutic agents.

Patent 98

Patent 98

IP Law 360

DECEMBER 10, 2021

The U.S. Patent and Trademark Office hopes to send out future patent and trademark registration certificates electronically rather than in a physical, paper form, the agency's current head announced Friday.

Trademark 81

Trademark Patent Registration 81

The IPKat

DECEMBER 10, 2021

Although this Kat struggled to understand the mysterious energies from last week's moon eclipse, the stars and the planets have aligned to bring you the latest posts from the Katworld. A Kat contemplating the complex beauty of the universe Copyright Adele has stolen the spotlight with her new album and also with a special request to Spotify to disable its shuffle button so that listeners could listen to the album the way the artist intended.

Moral Rights 67

Moral Rights Intellectual Property Contracts Reporting 67

IP Law 360

DECEMBER 10, 2021

Quentin Tarantino has taken shots at his former movie studio, which is suing him, asserting that Miramax LLC has no right to use copyright law or old contracts to stop him from selling nonfungible tokens, or NFTs, attached to parts of a handwritten screenplay for his 1994 hit movie "Pulp Fiction," while also claiming the studio is "a shell of its former self.

Contracts 81

Contracts Copyright Law Copyright Law 81

IP Watchdog

DECEMBER 10, 2021

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S. Copyright Office is studying and requesting comment on a proposal to defer registration examination; a bipartisan group of Senators introduce a new bill that would require social media companies to provide data to NSF-vetted independent researchers; Toyota Motor announces that it will shutdown production

Social Media 59

Social Media Fair Use Patent Application IP 59

IP Law 360

DECEMBER 10, 2021

An Illinois university suing its fired baseball coach for trademark infringement over his alleged unauthorized use of an official Twitter account told a federal judge the lawsuit should proceed, saying Thursday the incident drove away prospective students and decreased donations to the school.

Trademark 75

Trademark 75

IP Watchdog

DECEMBER 10, 2021

Another 82 district court terminations this week was again high, though careful analysis has revealed that many of those cases were terminated voluntarily and refiled elsewhere. The Patent Trial and Appeal Board (PTAB) saw just 22 inter partes reviews (IPRs) this week; a few parties walked away from their patents, including Litl LLC [TRI Ventures, Inc.], after a challenge by Microsoft.

Patent 59

Patent Patent Infringement Government Litigation 59

IP Law 360

DECEMBER 10, 2021

The past week in London has seen Christian Dior sue over supply issues, U.K. pubs and restaurants mount a fight against their insurers, and a video game division of Warner Bros battle a new rival. Here, Law360 looks at those and other new claims in the U.K.

Litigation 75

Litigation 75

JD Supra Law

DECEMBER 10, 2021

On November 30, the PTAB entered its final written decision in Unified Patents, LLC v. 2BCom, LLC on the patentability of the claims of U.S. Patent No. 7,127,210 (the ‘210 patent). .

Patent 55

Patent 55

IP Law 360

DECEMBER 10, 2021

Engineering firm Uni-Systems LLC has announced that it is dropping long-standing allegations that the U.S. Tennis Association and a construction firm misappropriated trade secrets and infringed patents covering retractable roof technology during the building of a pair of tennis stadiums in New York City.

Patent 75

Patent Technology 75

JD Supra Law

DECEMBER 10, 2021

The U.S. Patent and Trademark Office (USPTO) recently instituted two of Mylan’s petitions seeking Inter Partes Review of Regeneron’s U.S. Patent No. 9,669,069 B2 (the “’069 Patent,” subject of IPR2021-00880) and U.S. 9,254,338 B2 (the “’338 Patent,” subject of IPR2021-00881), finding that Mylan (now part of Viatris) established a reasonable likelihood in prevailing in showing unpatentability of at least one claim in each patent.

Patent 55

Patent Marketing Marketing Trademark 55

IP Law 360

DECEMBER 10, 2021

A Miami Dolphins assistant coach will have to focus on a different form of defense after being hit with a copyright infringement lawsuit Friday over a post he made on Twitter that included an excerpt from a sports psychologist's popular book.

Copyright 75

Copyright Copyright Infringement 75

JD Supra Law

DECEMBER 10, 2021

The Digital Millennium Copyright Act (the DMCA) governs the protection of copyrighted material in the digital environment. Among other things, the DMCA criminalizes circumvention of digital rights management tools that restrict the use of copyrighted works and proprietary software. However, the Copyright Office issues industry-wide exemptions, which are reviewed every three years.

Higher Education 55

Higher Education Government Copyright 55

IP Law 360

DECEMBER 10, 2021

The U.S. Copyright Office announced that it will study the possibility of giving those filing for copyright protection the ability to put off having the office review the applications, a move that comes after a 2019 high court ruling on a copyright registration issue.

Copyright 74

Copyright Registration 74

JD Supra Law

DECEMBER 10, 2021

The DOJ is requesting public comment on a new draft policy concerning licensing negotiations and remedies for standards-essential patents (SEPs) subject to voluntary F/RAND commitments recently jointly issued by the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department of Justice, Antitrust Division (DOJ)(collectively, “the Agencies”).

Licensing 55

Licensing Technology Trademark Patent 55

The IP Law Blog

DECEMBER 10, 2021

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on the legal battle between the Cleveland Guardians Baseball and Roller Derby teams. Listen to the podcast version of this episode on your favorite platform or online, here. Watch this episode on the Weintraub Youtube Channel, here.

Blogging 52

Blogging IP Law Trademark Law 52

JD Supra Law

DECEMBER 10, 2021

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss an update in the trademark legal battle between the Cleveland Guardians Baseball and Roller Derby teams.

Blogging 52

Blogging IP Law Trademark 52

LexBlog IP

DECEMBER 10, 2021

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on the legal battle between the Cleveland Guardians Baseball and Roller Derby teams. Listen to the podcast version of this episode on your favorite platform or online, here. Watch this episode on the Weintraub Youtube Channel, here.

Blogging 52

Blogging IP Law Intellectual Property 52

JD Supra Law

DECEMBER 10, 2021

Maybe I am exhausted by the pandemic, jaded by having unvaccinated members of my fantasy football team spend weeks on the National Football League’s (NFL) COVID-19 Reserve List, disheartened by people not looking out for one another or all of the above. But, regardless of one’s views of the virtues of getting vaccinated (or not) against this scourge, if failing to get vaccinated is a selfish choice, then failing to get vaccinated and obtaining a forged vaccination card to evidence your.

Art 52

Art 52

LexBlog IP

DECEMBER 10, 2021

Mike Cassidy will be one of the panelists discussing “The Myths About Telehealth: Telefraud vs. Telemedicine Fraud” at the virtual CTeL Digital Health Summit on Thursday, December 16, 2021.

Intellectual Property 52

Intellectual Property 52

JD Supra Law

DECEMBER 10, 2021

Jones Day partners Meredith Wilkes, Patricia Campbell, and Sarah Geers discuss the implementation of the Trademark Modernization Act, the recent decision in Thaler v Hirshfeld – a case involving protections for works created by artificial intelligence, opportunities for monetizing COVID 19-related patents, and other significant legal developments in the IP space during the last year.

IP 52

IP Trademark Patent 52

Likelihood of Confusion

DECEMBER 10, 2021

If there’s one thing I can’t stand, it’s a blog post so well developed that I can’t rephrase it, riff on it or summarize it, so I have to steal. The post Steal your Face right off your head appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging 52

JD Supra Law

DECEMBER 10, 2021

Technology companies frequently enter into patent licensing transactions, sometimes in order to settle patent litigation, and sometimes as a simple licensing or cross-licensing deal. But the parties to such agreements frequently fail to account for the licensee’s sales to the federal government, and that oversight can have a substantial impact on the overall transaction.

Licensing 52

Licensing Government Patent Litigation 52

IAM Magazine

DECEMBER 10, 2021

India revokes company’s exclusive right to potato variety used in Lay’s chips, in case that illustrates limits of country’s agricultural IP protections.

IP 52

IP Litigation Law 52