IP Watchdog

JUNE 20, 2022

On June 8, 2022, Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun sent a letter to U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal expressing concern about so-called “patent thickets” and requesting that she consider changes to the USPTO regulations and practices to address perceived problems with patent examination. The senators asked the USPTO to issue a notice of proposed rulemaking (which presumably must include new draft regulations) or at a minimum, a public r

Patent 136

Patent Trademark Government Litigation 136

IPilogue

JUNE 20, 2022

Aaron Dishy is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. Identification with LGBTQ2IA+ communities is a noted social determinant for broad health inequities. These inequities can include limited access to health care services and a corresponding lack of access to relevant health information. The Government of Ontario recognizes the collection and use of data from minority populations as a critical step in improving social, economic, political, and financial inequities.

Government 111

Government Law Privacy Blogging 111

IP Watchdog

JUNE 20, 2022

A bipartisan group of senators on Friday sent a letter to Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, expressing their concern about a letter sent by the Digital Licensee Coordinator (DLC) to the Office requesting that any obligation of DLC member companies to make retroactive royalty payments to copyright owners as a result of an imminent decision be delayed.

Copyright 124

Copyright Music Licensing Government 124

JD Supra Law

JUNE 20, 2022

For many start-up companies, the prospect of filing a patent application can be daunting. Even when a company has a potentially patentable invention, the company may be unsure about what materials it should compile before seeking out patent counsel. However, one way to make something less daunting is to divide it into smaller parts. For potential applicants preparing to file a patent application, the process can be broken up into three aspects: By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent Application 98

Patent Application Patent Invention 98

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

IP Watchdog

JUNE 20, 2022

This week in Washington IP news and events, both the Senate and the House of Representatives hold hearings looking at various aspects of the Patent Trial and Appeal Board (PTAB), including its impact on small businesses as well as ways that predictability and fairness in PTAB proceedings can be restored by Congress. Elsewhere, the American Enterprise Institute explores the current state of the debate over a waiver of international IP rights for COVID-19 vaccines, and IPWatchdog’s President and C

IP 111

IP Technology Business Patent 111

Likelihood of Confusion

JUNE 20, 2022

Over the weekend, all the nerdiest news outlets reported that Volpin Props—a company that makes props and replicas “mostly videogame related,” according to the outfit’s Facebook page, “but anything goes!”)—received. The post Covering your assets. appeared first on LIKELIHOOD OF CONFUSION™.

Reporting 98

Reporting Copyright Law Law IP 98

IAM Magazine

JUNE 20, 2022

Docket Navigator data reveals defendants filing a skyrocketing number of Section 101 challenges since the 2014 decision and succeeding, much of the time, very early in cases.

Litigation 98

Litigation Patent 98

JD Supra Law

JUNE 20, 2022

Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungible tokens (NFTs) using Nike trademarks. As The Verge reported.

Non-Fungible Tokens 98

Non-Fungible Tokens Reporting Marketing Marketing 98

The IPKat

JUNE 20, 2022

Readers will be pleased to hear that the UK intellectual property office (IPO) has announced that its IP rights examination has cleared a backlog - of more than 45,000 patent, trade mark and designs applications – which is now down to zero, for the first time in several years. Here is what the IPO have to say about it: In May, the Intellectual Property Office (IPO) cleared its examination backlogs for the first time in several years.

IP 91

IP Intellectual Property Designs Design 91

JD Supra Law

JUNE 20, 2022

When a claim term is construed as a means plus function limitation, the recited “means” is limited to only the specific structures disclosed in the specification for performing the recited function, and a limited range of equivalents.

98

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

Michael Geist

JUNE 20, 2022

Last week, the Standing Committee on Canadian Heritage rushed through the clause-by-clause review of Bill C-11 in a manner that should not be forgotten or normalized. Despite the absence of any actual deadline, the government insisted that just three two hour sessions be allocated to full clause-by-clause review of the bill. Once the government-imposed deadline arrived at 9:00 pm, the committee moved to voting on the remaining proposed amendments without any debate, discussion, questions for dep

Law 90

Law Government 90

JD Supra Law

JUNE 20, 2022

Canadian Patent Examination - Significant fee increases will be effective at the Canadian Intellectual Property Office (“CIPO”) on October 3, 2022 related to excess claims (claims over 20) and the number of examination reports it issues during prosecution. These changes may negatively impact the breadth of patent protection an applicant could pursue in Canada and will likely also require additional care in strategic filing choices during patent examination.

Intellectual Property 98

Intellectual Property Patent Reporting 98

IP Law 360

JUNE 20, 2022

As the legal market adjusted to pressures of a global pandemic and saw demand for complex legal services soar, many law firms spent 2021 locked in a fierce war for talent to meet ever-expanding client needs.

Law 75

Law Marketing Marketing 75

43(B)log

JUNE 20, 2022

Satan Wears Suspenders, Inc. v. Jaar, 2022 WL 2181449, 21 Civ. 812 (ER) (S.D.N.Y. Jun. 16, 2022) Where a musical group’s music remains publicly available, the fact that they stopped touring may not avoid laches if you sue only when they get back together! Laches can bar both injunctive relief and damages in trademark cases, and here the court grants a motion to dismiss based on laches.

Music 59

Music Branding Brands Branding 59

IP Law 360

JUNE 20, 2022

The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year.

Law 75

Law 75

IAM Magazine

JUNE 20, 2022

Following a string of adverse rulings against inventors, Paris Court of Appeal overturns patent office rejection of supplementary protection certificate on Article 3(a) grounds.

Inventor 52

Inventor Patent 52

IP.com

JUNE 20, 2022

Companies in competitive environments looking to pivot to a blue ocean strategy must consider a number of factors to determine their likelihood of success. While blue oceans can represent lucrative. The post Is Your Technology Ready for a Blue Ocean Pivot? appeared first on IP.com - IP Innovation and Analytics.

Technology 52

Technology IP 52

IAM Magazine

JUNE 20, 2022

Following a string of adverse rulings against inventors, Paris Court of Appeal overturns patent office rejection of supplementary protection certificate on Article 3(a) grounds.

Inventor 52

Inventor Patent 52

Velocity of Content

JUNE 20, 2022

With their indifferent, detached expressions, the 10,000 members of the Bored Ape Yacht Club look, well, bored. But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. When actor Seth Green paid $200,000 to purchase Bored Ape NFT #8398 – a.k.a., Fred Simian –the deal included licensing rights, and Green created a television show to feature Fred.

Copyright 52

Copyright Contracts Television Licensing 52

LexBlog IP

JUNE 20, 2022

PTAB Reform Act of 2022. Back in September of 2021, the “Restoring the America Invents Act” was released by Senators Leahy (D-VT) and Cornyn (R-TX). The bill sought to reverse virtually every PTAB development of the Iancu administration. At the time, I outlined my thoughts on the various provisions, and predicted the most controversial—from a bio/pharma perspective— would serve as cannon fodder.

Litigation 52

Litigation Invention Licensing Patent 52

JD Supra Law

JUNE 20, 2022

Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR - In Google LLC v. IPA Technologies Inc., Appeal No. 21-1179, the Federal Circuit held that, for purposes of determining whether a reference was prior art, the Board has an obligation to resolve fundamental testimonial conflicts. Google petitioned for inter partes review of two of IPA Technologies’ patents.

Art 52

Art Technology Patent 52

IP Law 360

JUNE 20, 2022

Lawyers from the U.S. International Trade Commission are telling judges on the Federal Circuit to reject a legal bid by Philip Morris to beat a ban on bringing its IQOS-branded vape products into the U.S. after they were found to be knockoffs.

Branding 52

Branding Brands Branding 52

JD Supra Law

JUNE 20, 2022

Legal Considerations in Terminating Sublicense Agreements - It is a well-established principle in the United States that a trademark license is terminable at will. Menendez v. Holt, 128 U.S. 514, 524 (1888). But what does the law say about termination when a valid licensor has entered into a sublicense agreement with a third party to use such a trademark?

Trademark 52

Trademark Litigation Copyright Licensing 52

IAM Magazine

JUNE 20, 2022

Docket Navigator data reveals defendants filing a skyrocketing number of Section 101 challenges since the 2014 decision and succeeding, much of the time, very early in cases.

Litigation 52

Litigation Patent 52

JD Supra Law

JUNE 20, 2022

Federal trademark registration is the Holy Grail for companies, especially franchises, looking to expand their footprint and access a national audience. But even though trademark registration confers on owners certain exclusive rights and benefits, such as constructive national notice of use, protects against registration of confusingly similar marks, provides notice of ownership, and enables recovery of statutory and exemplary damages in appropriate cases, it does not extinguish the rights of.

Registering Trademarks 52

Registering Trademarks Trademark Ownership Registration 52

IP.com

JUNE 20, 2022

IP.com is proud to offer a free webinar hosted with IPWatchdog. The post FREE JUNE WEBINAR HOSTED BY IPWATCHDOG appeared first on IP.com - IP Innovation and Analytics.

IP 52

IP 52

43(B)log

JUNE 20, 2022

Anderson v. Unilever U.S., Inc., 2022 WL 2181575, No. 21-CV-3117 (KMK) (S.D.N.Y. Jun. 16, 2022) Anderson alleged that Unilever’s “Deep Moisture Bodywash” label was deceptive and misleading for touting attributes such as “skin-natural nourishers” and being “microbiome gentle” when in fact the product “contains numerous ingredients which trigger negative skin reactions and are incompatible with maintaining a balanced microbiome, including essential oils, fragrances, preservatives, and surfactants.

Advertising 64

Advertising Advertising False Advertising Law 64

IAM Magazine

JUNE 20, 2022

GE’s Licensing group participates in traditional patent licensing while also exploring new models like equity management.

Licensing 52

Licensing Patent 52

TorrentFreak

JUNE 20, 2022

In August 2021, US broadcaster DISH Network plus Sling and NagraStar sued pirate IPTV service Nitro TV. According to the complaint , Alex, Anna, Martha and Osvaldo Galindo were behind the unlicensed streaming service which obtained its content from DISH satellite broadcasts and Sling’s internet-based programming. Documents obtained by the plaintiffs revealed the sale of at least 100,363 subscriptions (‘device codes’) which allowed Nitro customers to receive live TV programming

Reporting 118

Reporting Copyright Infringement Copyright Litigation 118

IAM Magazine

JUNE 20, 2022

GE’s Licensing group participates in traditional patent licensing while also exploring new models like equity management.

Licensing 52

Licensing Patent 52

TorrentFreak

JUNE 20, 2022

Up until a few years ago, MKVCage was a popular torrent portal that also uploaded its torrents on other sites. This ended abruptly when the makers of the superhero film “Hellboy” took the site’s operator to court the summer of 2019. Movie company “HB Productions” accused the site and its Pakistani operator Muhammad Faizan of promoting and distributing pirated copies of the movie, hoping that this would put an end to the activity.

Copyright Infringement 129

Copyright Infringement Copying Copyright Litigation 129

Patently-O

JUNE 20, 2022

Guest Post by Sarah Burstein , Professor of Law at the University of Oklahoma College of Law. Wepay Global Payments LLC v. PNC Bank, N.A. (W.D.Pa. June 1, 2022) [ wepayDecision ]. Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” A judge in one of those cases, Wepay v.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

JUNE 20, 2022

On June 8, 2022, a bipartisan group of U.S. Senators sent a letter to Kathi Vidal, Director of the U.S. Patent & Trademark Office, requesting that the PTO take action on patent thickets. According to the Senators, “large numbers of patents cover a single product or minor variations on a single product, commonly known as patent thickets” that “negatively impacts millions of Americans.” .

Patent 52

Patent Trademark 52

Technology & Marketing Law Blog

JUNE 20, 2022

Russia. * NYT : Russia Intensifies Censorship Campaign, Pressuring Tech Giants. The US government should more aggressively condemn “landing laws” as a violation of free speech? * Wired : Russia Blocks Facebook and Twitter in a Propaganda Standoff. * Bloomberg : Russia Steps Up Pressure on Google, Meta With Record Fines: Russia has stepped up its confrontation with foreign social media and internet companies this year in what the government calls a campaign to uphold its digital sover

Social Media 97

Social Media Government Law Reporting 97