Hugh Stephens Blog

JULY 14, 2021

Given a choice between reaching “voluntary” agreements with news publishers for use of news content online and being compelled to do so by government, the dominant internet platforms (Google, Facebook) are now doubling down on negotiations with news providers. Mind you, there is nothing like a hanging in the morning to focus the mind. The … Continue reading "Negotiating Payment for Use of News Content on Dominant Internet Platforms: What’s Needed to Reach a Fair Deal?

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The IPKat

JULY 14, 2021

Can the shape of a lipstick case function as an indicator of commercial origin? The answer is yes when such case is the iconic and immediately recognizable (at least to lipstick lovers!) one of Rouge G de Guerlain : Today, also the General Court did agree in its judgment in T-488/20 Guerlain [currently only available in French]. The judgment (correctly) reverses the earlier, contrary decision of the EUIPO First Board of Appeal ( 2292/2019-1 ).

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SpicyIP

JULY 14, 2021

Image from here. We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat.

Trademark 126

Trademark Registration Marketing Marketing 126

IPilogue

JULY 14, 2021

Photo Credits: Lianhao Qu (Unsplash). Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . “Always eyes watching you and the voice enveloping you. Asleep or awake, indoors or out of doors, in the bath or bed—no escape. Nothing was your own except the few cubic centimeters in your skull.”.

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Technology Government IP Business 106

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

Kashishipr

JULY 14, 2021

With the emergence of a cosmopolitan touch in the food and beverage industry through the introduction of celebrity chefs and mixologists as well as experimental, custom-made, creative dining experiences all over the world, culinary creations, including drinks and food, have become a crucial and valuable business asset. Like any other asset, the question of protecting recipes and corresponding assets through the application of Intellectual Property (IP) laws has gained momentum.

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Intellectual Property Copyright IP Artistic Work 105

IPilogue

JULY 14, 2021

This article was previously posted on Bereskin & Parr LLP’s website on June 25, 2021. Noel Courage is a Partner at Bereskin & Parr LLP and a member of the Life Sciences practice group. He is also a co-leader of the COVID-19 practice group. Bonnie Hassanzadeh is an IPilogue Senior Editor , IP Innovation Clinic Fellow , and a 3L JD Candidate at Osgoode Hall Law School. . .

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IP Copyright Invention Technology 106

IP.com

JULY 14, 2021

Willis Carrier invented the air conditioner in 1902 and was granted a patent for the invention in 1906. Carrier’s invention was the culmination of centuries of experimentation with air, water, The post How Popular Inventions Came to Life: Who Invented the Air Conditioner? appeared first on IP.com - IP Innovation and Analytics.

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Invention IP Patent 105

JD Supra Law

JULY 14, 2021

In Freelancer International Pty Ltd v. Upwork Global, Inc., the Ninth Circuit (June 22, 2021) affirmed the Northern District of California’s denial of a preliminary injunction against Upworks’s use of Freelancer’s registered trademark FREELANCER in the name of its app “Upwork for Freelancers.” Notably, the case provides some helpful guidelines to companies trying to use a registered mark descriptively: Avoid presenting the mark in a stylized font and avoid identifying the term with a TM.

Trademark 100

Trademark Registering Trademarks 100

Intepat

JULY 14, 2021

The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, which the President of India proclaimed and notified on April 4, 2021, abolished numerous Boards and Appellate Tribunals, including IPAB (Intellectual Property Appellate Tribunal). As noted, the IPAB was specifically established to deal with intellectual property matters.

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Intellectual Property IP Designs Design 98

Likelihood of Confusion

JULY 14, 2021

Instapundit reports: DOES APPLE REALLY WANT TO CRIPPLE YOUR IPHONE? “The leading computer company plans to build a system that will sense when people are trying to video live events — The post IP-Phone appeared first on LIKELIHOOD OF CONFUSION™.

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IP Reporting 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

The IP Law Blog

JULY 14, 2021

In this week’s episode of The Briefing by The IP Law Blog , attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc., Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold.

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Blogging Litigation IP Marketing 98

Fish & Richardson Trademark & Copyright Thoughts

JULY 14, 2021

Until last Friday, implementation of the European Unified Patent Court (UPC) Agreement and availability of a Unitary Patent for multiple EU states had been delayed by two Complaints for interim injunctions against German ratification of the UPC Agreement. On Friday, 9 July 2021, the German Constitutional Court ( Bundesverfassungsgericht ) rejected the requests for interim injunctions.

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Government Litigation Publishing Patent 94

Patently-O

JULY 14, 2021

Chief Judge Moore does not mince words — especially when she senses that a party is attempting to mislead her as to the record. I transcribed the following from recent oral arguments in Shure Incorporated v. ClearOne, Inc. This is a discussion between Chief Judge Moore and ClearOne’s attorney Christina V. Rayburn — discussing whether Shure’s briefing was frivolous.

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Patent 97

The IPKat

JULY 14, 2021

The timing of a patent filing is critical to the patent's validity. The earlier a patent is filed, the lower the risk of disclosures before the priority date destroying novelty and inventive step. Yet, the later a patent application is filed, the more time there is to obtain data and satisfy the requirement that the invention is sufficiently supported and disclosed.

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Invention Art Patent Application Patent 89

The Trichordist

JULY 14, 2021

MPs call for a ‘complete reset’ of music streaming to fairly reward performers and creators Successful artists see ‘pitiful returns’ from streaming while some performers are frozen out of payments altogether Artists must be given a legal right to a fairer share of revenues from streaming, the DCMS Committee concludes, following a wide-ranging inquiry that … Continue reading →

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Music Reporting 80

JD Supra Law

JULY 14, 2021

The domestic dog (Canis lupus familiaris) has been the subject of many genetic studies, particularly since the dawning of the age of Whole Genome Sequencing in the late 20th Century. These studies have elucidated some interesting facts about "man's best friend," some of which have been discussed here (see "The Genetic Basis of Coat Variation in Dogs"; "Leg Length Variation in Dogs and its Relevance to Human Mutations"; "From Toy Poodle to Rottweiler: Why Is Fido So Small (or Large)?

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IAM Magazine

JULY 14, 2021

The Long Read : The model has long been recognised as an effective means of providing access to technology and fuelling innovation. However, argue Sullivan & Cromwell’s Garrard R Beeney and Renata B Hesse, its evolution has also lent collaborations a fiercely pro-competitive edge.

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Technology Patent Marketing Marketing 52

JD Supra Law

JULY 14, 2021

The U.S. Court of Appeals for the Federal Circuit recently issued a precedential opinion discussing plaintiffs’ attempts to influence venue through reliance on a licensing agreement that purported to limit where a patent infringement suit “might have been brought.” See In re Samsung Electronics Co., Case Nos. 2021-139, 2021-140 (Fed. Cir. June 30, 2021).

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IP Intelligence

JULY 14, 2021

The U.S. Court of Appeals for the Federal Circuit recently issued a precedential opinion discussing plaintiffs’ attempts to influence venue through reliance on a licensing agreement that purported to limit where a patent infringement suit “might have been brought.” See In re Samsung Electronics Co. , Case Nos. 2021-139, 2021-140 (Fed. Cir. June 30, 2021).

Litigation 52

Litigation Licensing Patent Infringement Patent 52

JD Supra Law

JULY 14, 2021

Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to achieve enforcement without a need to seek court intervention. Letters of this nature can be deceptively short and should neither be sent, nor result in a response, without a careful balancing of the rights involved, the competitive or business relationship between the.

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Cease and Desist Intellectual Property Business Trademark 62

Dear Rich IP Blog

JULY 14, 2021

Dietmar Rabich , Borkum, Alter Leuchtturm, Dear Rich: I'm in the middle of planning my estate and I'm doing my own will. How do I include royalties from a very successful toy I invented. Assuming it’s still generating income when I die, I’d like the royalties to go to a charity. You should have no problem bequeathing your royalties, as well as any other rights you have to the toy design in your estate plan.

Contracts 52

Contracts Invention Licensing Designs 52

JD Supra Law

JULY 14, 2021

While streaming has taken off as a new entertainment vertical, particularly during the pandemic, streamers face many challenges. When streamers take time off from their regular broadcast schedules, they lose viewers and subscribers (and thus earnings) that aren’t quickly recovered upon return. Additionally, unlike other business ventures, streamers lack a clear exit plan because their primary asset is themselves.

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Business 55

LexBlog IP

JULY 14, 2021

Pursuing Different Constructions Before the PTAB & Court? Since the PTAB started applying the Philips standard for claim construction, petitioners have put a lot more thought into their proposed claim constructions. This is because it is no longer possible to point to the PTAB’s use of the broadest reasonable interpretation (BRI) as the basis for a different construction.

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Litigation Patent Intellectual Property 52

JD Supra Law

JULY 14, 2021

On July 01, 2021, the United States Patent and Trademark Office (USPTO) published a Notice requiring prophetic examples and working examples to be distinguished, at least, by using different tense in order to satisfy the written description and enablement requirements and comply with Applicant’s duty of disclosure. By: Miles & Stockbridge P.C.

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Patent Application Patent Publishing Trademark 55

LexBlog IP

JULY 14, 2021

In this week’s episode of The Briefing by The IP Law Blog , attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc., Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery.

Blogging 52

Blogging IP Litigation Marketing 52

JD Supra Law

JULY 14, 2021

In the latest round of appellate hot potato, the U.S. Court of Appeals for the Federal Circuit transferred to the U.S. Court of Appeals for the Fifth Circuit an appeal from a decision by the U.S. District Court for the Northern District of Texas regarding antitrust claims associated with enforcement of a patent found unenforceable due to inequitable conduct.

Patent 55

Patent 55

LexBlog IP

JULY 14, 2021

The U.S. Court of Appeals for the Federal Circuit recently issued a precedential opinion discussing plaintiffs’ attempts to influence venue through reliance on a licensing agreement that purported to limit where a patent infringement suit “might have been brought.” See In re Samsung Electronics Co. , Case Nos. 2021-139, 2021-140 (Fed.

Litigation 52

Litigation Licensing Patent Infringement Patent 52

JD Supra Law

JULY 14, 2021

BOT M8 LLC v. SONY CORPORATION OF AMERICA - Before Dyk, Linn, and O’Malley. Appeal from the United States District Court for the Northern District of California - Summary: The district court’s conclusion that allegations of infringement were not plausible because they tracked the claim language too closely presented an overly burdensome pleading standard.

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The TTABlog

JULY 14, 2021

The USPTO refused to register the mark shown below for "water filtration products, namely, carbon-based filtration media for use in water treatment, aquariums, and other devices, and systems," absent a disclaimer of the term "AQUACHAR." The Examining Attorney relied on, inter alia , definitions of "aqua" (water") and "char" (a charred substance: "CHARCOAL") in maintaining that AQUACHAR describes a characteristic of the products.

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Designs Design Advertising Advertising 52

JD Supra Law

JULY 14, 2021

Sounds like an odd combination—enforceability of make-whole and post-petition interest and patent law. It is. But relevant nonetheless. Recall that a key argument in the ongoing Ultra Petroleum dispute regarding the noteholders’ entitlement to make-whole and post-petition interest is the existence of the Solvent Debtor Rule. The Solvent Debtor Rule is a judicially created exception…Sounds like an odd combination—enforceability of make-whole and post-petition interest and patent law.

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Patent Law Law Patent 52

Managing IP

JULY 14, 2021

Lawyers from the telecoms, pharma and chemical industries reveal their plans for using the UPC, and send a warning to UK firms

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JD Supra Law

JULY 14, 2021

In today’s world, e-commerce and online visibility are sine qua non for success. Businesses are willing to invest considerable sums to boost their online presence and maximize sales. Because of this digitalization of business, domain names acquired incredible value. And where there is value there is opportunity for profit. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Trademark Business 52

Managing IP

JULY 14, 2021

Counsel from Siemens, Hologic and three other companies explain how they make the most of interviews to get past rejections

Patent 52

Patent 52

JD Supra Law

JULY 14, 2021

UPC – And it got up again- Having been sent down for the count by constitutional complaints in Germany, the road finally seems paved for the Unified Patent Court. On July 9, 2021, the German Federal Constitutional Court (GFCC) dismissed two applications for a preliminary injunction seeking to void the German Act of Approval of the Agreement on a Unified Patent Court (the “Bill”).

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Patent 52

IAM Magazine

JULY 14, 2021

The operating company has added to portfolio for first time since embarking on litigation push against Apple and others.

Business 52

Business Litigation Patent 52