Fri.Apr 16, 2021

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Five habits of successful trademark clients

Erik K Pelton

When new clients ask me about what they should do to fully protect and guard their brand, I point them to the five most common habits of a successful trademark client: They don’t delay. They file early and they file often. If they’ve got a new name, they move quickly to apply for it and start the process because they know that delay can harm the process and harm their ability to protect or use that name.

Trademark 130
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Can Prisoners Sue for Patent Infringement?

Intellectual Property Brief

On August 20, 2020, the Federal Circuit held that patent owner Walter A. Tormasi lacked the capacity to sue computer company Western Digital Corp. for patent infringement because Tormasi was barred from conducting business due to his status as a New Jersey inmate. Apparently, inmates do not have the right to sue to enforce their valuable patent rights.

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IP investment and the jewelry industry: an opportunity for economic growth in Africa

IP Blog

It is no secret that Africa is an important continent for the production of minerals and precious metals. Even so, despite an abundance of design creativity that is obvious to anyone who walks down a street in Johannesburg or another African city, very little jewelry made from precious metals and gemstones is manufactured there. The wealth of local expertise and craftsmanship is regrettably overlooked in favor of purely material assets.

IP 78
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The Future of Invention: Should Artificial Intelligence be Considered Inventors?

Intellectual Property Brief

Continued advancements in artificial intelligence may force Congress to reevaluate what entities can be inventors.

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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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Indian Copyright (Amendment) Rules, 2021

Selvam & Selvam Blog

While the country and the entire world is continuing its fight against the COVID-19 pandemic, offices and governments across the entire globe have not stopped working and have always ensured the best for its countrymen. Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021.

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The 4th Circuit makes trademark use more contextual

43(B)log

Combe Inc. v. Dr. August Wolff Gmbh & Co. Kg Arzneimittel, No. 19-1674 (4 th Cir. Apr. 13, 2021) Not only is this case a good demonstration that courts are willing to give broad rights to marks based on similarities in descriptive elements (here the VAGI- formative in VAGISIL for preparations for use in the vagina), it also has relevance for the current discussion of “use as a mark.

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DTSA’s Ex Parte Seizures of Property: A Drastic Trade Secret Remedy

Fish & Richardson Trademark & Copyright Thoughts

Following up on our recent blog on trade secrets damages , here we look at the Defend Trade Secrets Act (DTSA) ’s provision of injunctive relief. Specifically, the DTSA allows trade secret plaintiffs to request a unique remedy—an ex parte seizure of the defendant’s property. What is an ex parte seizure? An ex parte seizure allows a court to seize property without the property owner’s consent.

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Pfizer and BioNTech Claim Immunity from COVID-19 Vaccine Testing IP Claim

The IP Law Blog

Pfizer and BioNTech recently asked the Southern District of California to dismiss a patent infringement claim from Allele Biotechnology related to Pfizer and BioNTech’s Covid-19 vaccine. Allele holds a patent for a fluorescent protein called mNeonGreen, which causes some cells to glow when exposed to certain kinds of light. Allele does not claim that mNeonGreen is used in the vaccine or was used by Pfizer and BioNTech to develop the vaccine, but rather that mNeonGreen is used in one of the clin

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