Mon.Jul 05, 2021

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Is the huge influx of trademark filings from China (causing major backlogs) a form of economic terrorism?

Erik K Pelton

The huge influx of US trademark application filings from China may be a form of economic terrorism , intended to create delays and chaos in our system. There is no question that the USPTO has huge backlog right now affecting every aspect of trademark filings, and no question that a large influx from China has contributed significantly to the situation.

Trademark 147
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“Right to Access a Public Record” vs “Right to not Communicate the Work”: Where is Public Interest?”

SpicyIP

We’re pleased to bring you a guest post by Lokesh Vyas, on an RTI matter that brought up some interesting copyright related questions. Lokesh is a graduate from School of Law, Nirma University and an incoming LLM Candidate and InfoJustice Fellow at American University Washington College of Law, and has previously written posts for us here and here.

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A Lesson for Canada? New Report Deems UK’s Patent Box a Failure

IPilogue

Photo Credit: Kelly Sikkema ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In May 2021, David Connell of the Centre for Business Research at the Cambridge Judge Business School published a report proposing the abolition of the UK’s £1.1 billion per year Patent Box scheme. The UK Patent Box’s so-called “costly failure” may serve as a valuable lesson for Canada.

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SpicyIP Weekly Review (June 28 – July 4)

SpicyIP

Topical Highlight. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration.

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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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Addressing the Challenges of Documentation

IP.com

In order for an inventor to file for patent protection, their invention must be carefully documented. This is true whether the inventor is working alone or is part of a. The post Addressing the Challenges of Documentation appeared first on IP.com - IP Innovation and Analytics.

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IPLF: Getting your Partnership Firm Registered

IP and Legal Filings

With one of the most important forms of business organization, the partnership is the most sought by young entrepreneurs. This form of business generally takes two or more person who comes together for the business based on certain agreement. That agreement tells the working nature of the partners and the agreed profit ratio between them. The business includes a variety of services in terms of trade, occupation, and profession.

More Trending

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July 4th special: trade secrets and family recipes

Managing IP

Charlotte Kilpatrick demonstrates how to use trade secrets to protect her grandmother’s fried chicken recipe, one of many historic Independence Day traditions

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Patently-O Bits and Bytes by Juvan Bonni

Patently-O

Recent Headlines in the IP World: John Power: Government of Canada Announces New Independent Regulator for Patent and Trademark Agents (Source: CISION). Mikey Campbell: Apple Seeks to Halt Latest VoIP-Pal Patent Infringement Litigation (Source: Apple Insider). Mark McCarty: China’s Patent Law Now Permits Adjustments, Extensions of Patent Terms (Source: BioWorld).

Patent 58
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College Responds to Allegations of VARA Violations

BYU Copyright Blog

We previously reported on a lawsuit between artist Molly Mason (“Mason”) and Kirkwood Community College (“Kirkwood”). In the Complaint, Mason argued that Kirkwood engaged in unauthorized modifications to a sculpture Mason created for Kirkwood. Mason claims that the modifications violate her rights as outlined in the Visual Artists' Rights Act ("VARA").

Art 52
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Big Green’s Ethiopian trademark problem

Likelihood of Confusion

The Australian reports that earlier news about a resolution of Starbucks’ trademark problems with the Ethiopian coffee thing was perhaps over-caffeinated. UPDATE: Have things perked up since then? Or simmered. The post Big Green’s Ethiopian trademark problem appeared first on LIKELIHOOD OF CONFUSION™.

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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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[Guest post] How much is that SEP in the window? 5 Themes from the IPKat/LSE Nokia v Daimler seminar

The IPKat

Remember April? We had not yet experienced the torrential rains of May or the Dominic Cummings revenge tour. We also still had a referral pending at the Court of Justice of the European Union (CJEU) in Nokia v Daimler. The IPKat also hosted its joint-panel with LSE with stakeholders on all sides and at all levels of the issues then before the CJEU aimed at cutting through the noise to get to the heart of the commercial origins of the dispute and what may be the commercial solutions.

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Sotera Stip Results in Institution Despite Co-Pending ITC Case

JD Supra Law

A Sotera-style stipulation has once again convinced the PTAB to not exercise its discretion to deny institution of inter partes review (“IPR”) under 35 U.S.C. § 314(a). In Ocado Group PLC v. AutoStore Technology AS, IPR2021-00311, Paper 11 (PTAB June 28, 2021), the PTAB refused to deny institution….

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SCOTUS assignor estoppel edict will inflict ‘administrative pain’

Managing IP

The US Supreme Court’s ruling in Minerva v Hologic might force R&D businesses to rethink their assignment policies and litigation strategies

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US Supreme Court Narrows Assignor Estoppel Doctrine in Continuation Patent Case

JD Supra Law

On June 29, the Supreme Court issued a 5-4 decision in Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440 (June 29, 2021) (slip opinion). Minerva involves a challenge to the “assignor estoppel” doctrine, which is an equitable or “court-created” rule that prevents a party who assigned a patent from later challenging the validity of the assigned patent in district court.

Patent 52
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NYIPLA Webinar July 13th: Davis and Welch Review The Past Year in Trademarks

The TTABlog

On Tuesday, July 13th at 12:30 PM, Ted Davis and Yours Truly will provide a review of recent trademark cases in a webinar aptly titled "Trademark Case Decisions: The Past Year in the Courts and at the TTAB," sponsored by the New York Intellectual Property Law Association. Register (with a fee) here. As usual, Ted will cover the courts. Yours truly will follow up with a review of developments and decisions at the TTAB.

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Supreme Court Upholds, But Limits, Assignor Estoppel Doctrine

JD Supra Law

On June 29, 2021, the Supreme Court limited the doctrine of assignor estoppel that has long prevented inventors from challenging the validity of patents they have assigned to a third party. .

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Applicants enjoy continued success in Russian IP disputes

Managing IP

Vladimir Biriulin of Gorodissky & Partners looks at why IP owners in Russia are increasingly satisfied with the outcome of disputes

IP 59
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The key data on EPO oppositions in 2020

IAM Magazine

Procter & Gamble tops the list of entities whose patents were most opposed last year, with Henkel doing more opposing than anyone else.

Patent 52
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Digital intermediary guidelines evoke a wave of litigation in India

Managing IP

Ranjan Narula of RNA, Technology and IP Attorneys takes a look at the new due diligence mechanism and considers why this has caused a backlash

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TSMC acquires former MediaTek chip patents

IAM Magazine

World leading semiconductor foundry scoops up rights originally owned by chip designer MediaTek, its third-biggest customer.

Designs 52
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170 Trademark Registrations Issued to Indiana Companies in June 2021

Indiana Intellectual Property Law

The U.S. Trademark office issued the following 170 trademark registrations to persons and businesses in Indiana in June 2021 based on applications filed by Indiana tradmark attorneys: Reg Number. Word Mark. 6385278. JESUS GIRL. 6402371. FOR FOX SAKE OFFROAD. 6402148. LET’S NOT MEET BY ACCIDENT! 6402123. SAFEMINISTRY SOLUTIONS A SAFE HIRING SOLUTIONS COMPANY. 6402120.

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Honey Badger Don't Care (4th of July edition)

43(B)log

Seen on the street: [link].

Editing 59
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1H 2021 Quick Links, Part 1 (IP)

Technology & Marketing Law Blog

Trademarks and Domain Names. * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. Feb. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” * RVC Floor Decor,

IP 85
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What has happened with Article 17 in the past year?

Kluwer Copyright Blog

Photo by Simon Harmer on Unsplash. It certainly feels like the CDSM Directive has been the hottest topic in copyright law for quite some time now. If we had to be more specific and identify one main protagonist, the answer would unequivocally be: Article 17. Since its birth with the European Commission’s proposal, all the way through to the guidance from the Commission, the limited implementation efforts at a national level and the pending Polish challenge , the AG opinion of which is scheduled

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Legislative Intent Trumps Legitimate Interest: EPO Confirms Double Patenting as a Ground for Refusal

JD Supra Law

The EPO confirmed that a European patent application can be refused on the basis of double patenting under Articles 97(2) and 125 EPC, if a patent with the same effective date has already been granted for the same subject matter.

Patent 52