Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. “The Federal Trade Commission (“Commission”) proposes to commence a rulemaking proceeding to address certain deceptive or unfair acts or practices of impersonation. The Commission is soliciting written comment, data, and arguments concerning the need for such a rulemaking to prevent persons, entities, and organizations from impersonating government

Government 147

Government Business Trademark Blogging 147

TorrentFreak

MARCH 11, 2022

When ‘Spider-Man: No Way Home’ was about to be released late last year in theaters, spoilers and leaked footage started to circulate online. The spoilers didn’t give away much, nor were they of notable quality. Nonetheless, Columbia Pictures did its best to bury them all. The movie studio sent numerous takedown notices which, accidentally, even targeted news articles that mentioned the leak.

Copying 145

Copying Copyright 145

Erik K Pelton

MARCH 11, 2022

The USPTO website at www.uspto.gov is packed with trademark and brand protection resources. See more in my video below, or read more here. More Peltonisms® at [link]. The post USPTO website: packed with trademark tools for brand owners appeared first on Erik M Pelton & Associates, PLLC.

Branding 147

Branding Brands Branding Trademark 147

IP Watchdog

MARCH 11, 2022

Thirty-one signatories from 29 center-right public policy organizations have written U.S. Health and Human Services Secretary Xavier Becerra, urging him to deny a petition from Knowledge Ecology International that requests use of march-in rights under the Bayh-Dole Act against the prostate cancer medicine, Xtandi. The conservative organizations represented on the letter include some of the most prominent center-right groups, such as the American Conservative Union, Americans for Prosperity, Amer

Licensing 136

Licensing Government Technology Intellectual Property 136

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

Patently-O

MARCH 11, 2022

by Dennis Crouch. Thaler v. Hirshfeld , App No. 21-02347 (Fed. Cir. 2022). Prof. Ryan Abbott continues to push Thaler’s case on a global basis. Thaler created an AI system that he calls DABUS. DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind.

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Inventor Patent Law Law Patent 127

WIPO Magazine

MARCH 11, 2022

The Korean boy band, BTS, is one of the most successful groups of all time. Find out how the band is leveraging its IP rights to build a fun-filled universe of music and content that offers fans multiple ways to engage.

IP 105

IP Music 105

IPilogue

MARCH 11, 2022

Tetyana Yablonska, Paper Flowers (1967). Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. On International Women’s Day in Odessa, Ukraine, soldiers bought friends and family flowers despite the fear of an imminent Russian attack. Soldier Dmitriy bought pink and yellow tulips for female soldiers, while flower vendor Alena tied a bouquet of blue and yellow tulips in honour of the Ukrainian colours.

Art 105

Art Artistic Work Designs Design 105

Technology & Marketing Law Blog

MARCH 11, 2022

I previously blogged this case last year. I summarized the facts: This case involves a LiveJournal community (the Davis Square community for Somerville, MA). In 2017, LiveJournal changed its policies. In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days.

Fair Use 101

Fair Use Copying Copyright Publishing 101

JD Supra Law

MARCH 11, 2022

On February 8, 2022, the U.S. Court of Appeals for the Federal Circuit determined that certain restrictions on the ability to challenge the validity of patents are enforceable. Without such restrictions, companies that are being targeted by patent owners do not have any restrictions on the various methods of how they can challenge the patents that may later be asserted against them.

Patent 98

Patent 98

Michael Geist

MARCH 11, 2022

My post on why Bill C-11’s discoverability rules are a flawed solution in search of a problem demonstrated that there is little incentive for Internet platforms to make it difficult for Canadians to find Canadian content. Indeed, experience with both Netflix and Youtube suggest that there is every reason to ensure the availability of such content and to recommend it where users show an interest.

Marketing 98

Marketing Marketing Law 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

JD Supra Law

MARCH 11, 2022

The Russian government has issued a decree that effectively renders Russian patents worthless for many applicants from outside of Russia. The decree, issued March 5, 2022, states that for Russian patents owned by entities from the U.S., the European Union, and other “unfriendly countries”, the patent holder will be entitled to “0%” compensation for infringement.

Patent 98

Patent Government 98

WIPO Magazine

MARCH 11, 2022

The much-hailed metaverse is developing every day. For brand owners, protecting their brands in this virtual space will be critical. Getting ready to play in the new meta sandbox will require a legal strategy.

Trademark 90

Trademark Branding Brands Branding 90

JD Supra Law

MARCH 11, 2022

March 7, 2022 – Dunlap Bennett & Ludwig PLLC, a veteran owned law firm, gave the winning argument in Mycroft AI v. Tumey, decided by the United States Court of Appeals for the Eight Circuit on March 4, 2022. DBL partner Robert Greenspoon explained to the Court of Appeals in January that there was no evidence of “nexus” tying alleged acts of cyber hacking of a patent plaintiff’s law firm to Mycroft AI or its executives.

Law 98

Law Patent 98

WIPO Magazine

MARCH 11, 2022

WIPO’s Youth Engagement Team highlights the relevance of intellectual property to young people in their drive to build a better future and points to some of the challenges ahead, as WIPO ramps up its youth engagement activities.

Intellectual Property 82

Intellectual Property 82

JD Supra Law

MARCH 11, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting.

Art 98

Art Copyright 98

WIPO Magazine

MARCH 11, 2022

The COVID-19 pandemic has had a profound impact on the global economy, the fabric of our society and our sense of being. How have emerging young creatives responded to the pandemic and how are new approaches to IP education igniting positive change?

IP 81

IP 81

Olartemoure Blog

MARCH 11, 2022

La entrada Infographic | Premerger Notification Thresholds for 2022 se publicó primero en OlarteMoure | Intellectual Property.

Intellectual Property 97

Intellectual Property 97

WIPO Magazine

MARCH 11, 2022

Kenyan young entrepreneur Nzambi Matee is committed to making the circular economy a reality. Inspired by the late environmental conservationist and Nobel laureate Wangari Maathai, she explains how she came to establish Gjenge Makers, which produces affordable building materials from recycled plastic.

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IP Law 360

MARCH 11, 2022

The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

Law 76

Law 76

WIPO Magazine

MARCH 11, 2022

Guatemalan designer Isabella Springmuhl, the first designer with Down’s Syndrome to feature in London Fashion Week, is using her brand, Down to Xjabelle, to break stereotypes and promote diversity and inclusion in the fashion world, and IP is supporting her endeavor.

Designs 66

Designs Design Branding Brands 66

IP Law 360

MARCH 11, 2022

The NCAA Men's and Women's basketball tournaments are set to tip off in what will be the first March Madness in which college athletes can use their publicity rights for profit, adding a new wrinkle to trademark enforcement, NCAA attorney Doug Masters of Loeb & Loeb LLP told Law360.

Trademark 75

Trademark 75

JD Supra Law

MARCH 11, 2022

On February 10, 2022, in Junker v. Medical Components, Inc., the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Pennsylvania’s grant of summary judgment of no invalidity under the “on-sale bar” of 35 U.S.C. § 102(b) (pre-AIA).

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IP Law 360

MARCH 11, 2022

A Russian court will continue to let an "entrepreneur" use a Hasbro Inc. unit's "Peppa Pig" and "Daddy Pig" trademarks, without pay or the company's consent, saying the action is justified by the sanctions being piled on by the U.K. and other Western countries.

Trademark 75

Trademark 75

WIPO Magazine

MARCH 11, 2022

You’ve done it! Developed an online store, connected to a You Tube channel, developed an app, lined up some investors and developed great content and merchandise. Here are some practical tips for a new entrepreneurs when they are developing an online brand.

Branding 59

Branding Brands Branding 59

IP Law 360

MARCH 11, 2022

A Massachusetts federal judge cited a lack of evidence for Astellas Institute for Regenerative Medicine to boot two former University of Connecticut scientists from patent applications that are related to an embryonic stem cell research method patent it successfully got the scientists cut from last year.

Patent 74

Patent Patent Application 74

WIPO Magazine

MARCH 11, 2022

Find out how photography is being used by Indigenous Peoples and Local Communities around the world to highlight the role played by these communities in fighting climate change and how WIPO’s Photography Prize for Indigenous Peoples and Local Community Youth 2021-2022 is supporting that goal.

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IP Law 360

MARCH 11, 2022

The dispute between Village Roadshow Pictures and Warner Brothers Entertainment over the combined theatrical and streaming release of "The Matrix Resurrections," and the film's associated costs and revenues, highlights the upheavals the COVID-19 pandemic has brought to Hollywood's business model — and the importance of drafting contracts carefully, says Reena Sehgal at Sehgal Law.

Contracts 74

Contracts Business Law 74

WIPO Magazine

MARCH 11, 2022

Every year, millions of people die due to rapid blood loss from serious injuries and invasive surgeries. MIT researcher Hyunwoo Yuk’s innovative toothpaste-like glue, inspired by the humble barnacle, promises to alleviate the problem.

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43(B)log

MARCH 11, 2022

Mustakis v. Chattem, Inc., 2022 WL 714095, No. 20-CV-5895 (GRB)(AYS) (E.D.N.Y. Mar. 3, 2022) Do reasonable consumers think salicylic acid is natural, whether or not it can be derived from natural sources? The court says no, which is a bit weird given that it apparently can be. Mustakis sued Chattem, the maker of “Selsun Blue Naturals” anti-dandruff shampoo, alleging that its name misled consumers into believing that the shampoo contains no synthetic ingredients in violation of GBL §§ 349 & 3

False Advertising 59

False Advertising Advertising Advertising 59

The TTABlog

MARCH 11, 2022

Well, we finally had a reversal, or at least a partial reversal, in a Section 2(d) appeal: see the TRITAN decision ( here ). But the other 40 Section 2(d) appeals decided this year resulted in affirmances. Here are four more appeals decided this week. How do you think they turned out? Answer in first comment. In re JSS Concepts Holding Co., LLC , Serial No. 88362890 (March 3, 2022) [not precedential] (Opinion by Judge Thomas Shaw) [Section 2(d) refusal of HEIRLOOM HOSPITALITY for "Offering busin

Branding 59

Branding Brands Branding Business 59

JD Supra Law

MARCH 11, 2022

Over the last week, the Ukrainian Institute of Intellectual Property (Ukrpatent) has been posting letters of support that it has received from other European patent offices. Among the offices from which Ukrpatent has received such letters are the European Patent Office (EPO), the Patent Office of the Republic of Poland, the Industrial Property Office of the Slovak Republic, the Austrian Patent Office, and the Finnish Patent and Registration Office (PRH).

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Patent Intellectual Property Registration 55

Velocity of Content

MARCH 11, 2022

Directors of book fairs in Europe, Central American and Asia have issued an open letter condemning the Russian invasion of Ukraine, according to Andrew Albanese , Publishers Weekly senior writer. “We categorically deplore the Russian regime’s use of force,” the group declared. “We cannot remain either silent or indifferent to Russia’s transformation of Ukraine into a killing field.

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Publishing Copyright 52

JD Supra Law

MARCH 11, 2022

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held that an expert who did not possess the specific defined level of ordinary skill in the art could not testify about infringement, despite having advanced degrees and extensive experience in the general field of study. In so doing, the court confirmed that it is the defined level of skill in the art that determines whether an expert can provide relevant and reliable testimony from the perspective of.

Art 55

Art 55

IAM Magazine

MARCH 11, 2022

“I believe that there's a lot wrong with our IP system” Judge O’Malley tells IAM in an exclusive interview as she steps down from the US Court of Appeals for the Federal Circuit after 12 years to re-enter private practice and contribute to policy discussions.

IP 52

IP Patent 52

JD Supra Law

MARCH 11, 2022

Since the passage of the Defend Trade Secrets Act (DTSA), trade secret owners have been able to use allegations of trade secret misappropriation under the DTSA to support civil claims under the Racketeer Influence and Corrupt Organizations Act (RICO).

Intellectual Property 55

Intellectual Property 55