Erik K Pelton
OCTOBER 28, 2021
Over the years, we’ve been blessed to work with – and sometimes ride with – many clients in the bike industry! The post Trademark protection: a safety helmet for your brand appeared first on Erik M Pelton & Associates, PLLC.
TorrentFreak
OCTOBER 28, 2021
Section 1201 of the DMCA prohibits the circumvention of copyright controls without permission. This legal restriction prevents the general public from bypassing DRM protection on a wide variety of content and devices. There are some important exceptions to this rule, however. This includes phone jailbreaking, which was declared legal in 2010. These provisions are renewed every three years after the Copyright Office hears various arguments from stakeholders and the general public.
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JD Supra Law
OCTOBER 28, 2021
Nature of Patents and Patent Rights - When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it. The granted patent confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or.
Patently-O
OCTOBER 28, 2021
By Paul R. Gugliuzza, Professor of Law, Temple University Beasley School of Law and Jonas Anderson, Associate Dean for Scholarship and Professor of Law, American University Washington College of Law. The biggest story in patent law over the past three years has been the emergence of the Waco Division of the Western District of Texas as the undisputed capital of U.S. patent litigation.
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?
IP Tech Blog
OCTOBER 28, 2021
Last year, I wrote about a ruling in the Southern District of New York, Sinclair v. Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. v.
IP Watchdog
OCTOBER 28, 2021
On October 27, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB) cancellation of Brooklyn Brew Shop, LLC’s (BBS) standard character mark and dismissed in part, affirmed in part and remanded the TTAB’s decision regarding the opposition of BBS’s mark. For over 30 years, The Brooklyn Brewery Corporation (Brewery) has used the marks BROOKLYN and BROOKLYN BREWERY in connection with the advertising, promotion, and sale of Brewery’s
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
OCTOBER 28, 2021
On October 25, the European Union Intellectual Property Office (EUIPO) issued a study exploring the growing misuse of e-commerce channels for trade in counterfeits. The report provides a quantitative review of both the expansion of Internet commerce as well as a growing number of counterfeit seizures by border officials in recent years. The EUIPO’s report also profiles common aspects of counterfeit supply chains, as well as regulatory frameworks established to reduce the spread of counterfeits o
JD Supra Law
OCTOBER 28, 2021
As reported by the US Patent & Trademark Office (PTO) this past summer, since mid-2020 trademark applications from US and foreign applicants have “surged to unprecedented levels.” In December 2020 alone, the PTO received 92,608 trademark applications, an increase of 172% over December 2019. Not only has this extraordinary volume of applications created a backlog and delay in the procedural review of new US trademark application filings, but the PTO is experiencing a notable increase in what
LexBlog IP
OCTOBER 28, 2021
As we all know supply chain disruptions over the past two years do not seem to be going away any time soon. However, businesses are turning to new artificial intelligence-powered (AI) simulations, known as “digital twins,” to help get products and services to consumers on time – especially as we head into the holiday shopping season.
Likelihood of Confusion
OCTOBER 28, 2021
Have you ever read a decision and just marveled at the apparent restraint of the judges? “Why don’t they tell this party to shut up?” you wonder. “Why don’t they. The post When an Issue of First Impression Makes a Bad One appeared first on LIKELIHOOD OF CONFUSION™.
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.
JD Supra Law
OCTOBER 28, 2021
As previously reported, Apotex sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 52) affirming a Federal Court decision finding that the claims of a patent relating to lisdexamfetamine (Shire’s VYVANSE) were valid and prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex for its product until the patent’s expiry.
Technology & Marketing Law Blog
OCTOBER 28, 2021
This is a lawsuit against Nike and its service provider ( FullStory ), which provides Nike with “session replay” functionality for its website. FullStory’s software allows Nike to capture information regarding website visitors: (1) mouse clicks, (2) keystrokes, (3) payment card information, (4) IP address, (5) location, and (6) browser type and OS. On behalf of a putative class, the plaintiffs asserted privacy claims—including for wiretapping—under California law.
Velocity of Content
OCTOBER 28, 2021
Open Access, which I think of as the sometimes costly process of making scholarly outputs free-to-read , has enjoyed a fascinating career since its formal articulation and inception around the year 2000 (with many experiments and precursors before). While this is not the space to review its history, I do recommend that readers of this blog take the time and attention to do exactly tha t at some point.
The IPKat
OCTOBER 28, 2021
Kat friend Gabriele Girardello once again reports on trade secrets, this time on an Italian case, Administrative Court of Latium (n. 9878, Div. III, 22/09/2021), which highlights the strategic use of trade secrets in connection with public tenders. Trade secrets and disclosure would seem to be clearly demarcated opposites, but the reality is that the relationship between them is often more nuanced.
U.S. Department of Commerce
OCTOBER 28, 2021
Celebrating Our Nation’s First Responders. October 28, 2021. KCPullen@doc.gov. Thu, 10/28/2021 - 11:58. First responder network. By Edward Parkinson, Chief Executive Officer, First Responder Network Authority. First responders face challenges every day with grit, determination, and selflessness. We are thankful for the work they do to protect our communities, especially as a global pandemic has added extra obstacles, restrictions, danger, and stress to their mission.
IP Watchdog
OCTOBER 28, 2021
Large banks have a reputation for being slow to change. However, in the past decade, the financial services industry has seen the wholesale adoption and implementation of new technology as firms realize that consumers and businesses are increasingly demanding a strong digital experience. In 2007, Bank of America was one of the first financial institutions to offer a mobile banking application and since then, the rest of the industry has followed suit.
IP Law 360
OCTOBER 28, 2021
Starz Entertainment told the 9th Circuit that a district court was correct to deny MGM's motion to dismiss Starz's licensing lawsuit claiming that an MGM subsidiary allowed Starz competitors to show films and TV shows that were supposed to be exclusive to Starz's platform.
IAM Magazine
OCTOBER 28, 2021
In common with many patent offices around the world, some inventions that are implemented in software may be patented before the EPO.
IP Law 360
OCTOBER 28, 2021
Streaming service Locast has agreed to pay ABC, NBC, CBS, Fox and others $32 million to end claims that its retransmission of broadcast content to internet users infringes their copyrights, the parties said Thursday in a joint motion for a consent decree and permanent injunction.
JD Supra Law
OCTOBER 28, 2021
In a second visit to the US Court of Appeals for the Federal Circuit, after the Court affirmed a finding of unenforceability due to inequitable conduct based on “bad faith” non-disclosure of statutory bar prior sales on the first visit, the Court affirmed a remand award of attorneys’ fees based on a finding of exceptionality under 35 U.S.C. § 285. Energy Heating, LLC v.
IP Law 360
OCTOBER 28, 2021
Federal prosecutors in New York on Thursday hit a Minnesota man with wire fraud and hacking charges alleging he attempted to extort Major League Baseball with threats to expose vulnerabilities in its computer network and distributed illegal streams of MLB, NFL, NBA and NHL games.
IAM Magazine
OCTOBER 28, 2021
Royalties grow on the back of new deals and renewals; company also shares new details on legal fight with Oppo, which does not appear to have significantly dimmed income outlook.
IP Law 360
OCTOBER 28, 2021
Atari's licensing director testified in a copyright and trademark infringement California federal jury trial Thursday that Redbubble has sold hundreds of unlicensed products through its online marketplace that rip off the game maker's intellectual property rights, calling the alleged infringement "out of control.
GDB Firm Blog
OCTOBER 28, 2021
On September 2, 2021, Governor Kathy Hochul signed into law a "new" moratorium which modified - if only slightly - the Hardship Declaration Form which provides protection for tenants claiming to have suffered a hardship due to the COVID-19 pandemic. The change gives landlords the ability and the mechanism to challenge their tenant's submission if they have a good faith belief that the tenant's claim lacks merit.
IAM Magazine
OCTOBER 28, 2021
IP rights, among other fundamental human rights, are introduced by the Russian Constitution and further detailed in Part IV of the Civil Code as the main civil rights legislation source (revised August 2021).
Velocity of Content
OCTOBER 28, 2021
NPD Bookscan, which tracks the US trade book business, weighed in this week with expectations for sales through the end of this year. Kristen McLean, NPD Bookscan executive director, believes there is enough momentum heading into the holidays for the industry to finish 2021 with an overall sales rise between five and nine percent over 2020 – with the most likely scenario being a six to nine percent increase.
IP Law 360
OCTOBER 28, 2021
Pizzeria franchisor Little Caesar Enterprises Inc. has hit a former franchisee with a trademark infringement suit in Michigan federal court, saying it has failed to provide multiple financial statements required under their now-terminated agreement but continues to hold itself out as a franchise member.
LexBlog IP
OCTOBER 28, 2021
I want to give a big thanks to Houzz PRO for hosting this webinar. This program covered: –The five key problem areas in design contracts. –What the key terms of a contract should be, why they are there and when they should be changed. –Rights & Remedies: what a designer can do if a client is not living up to his/her side of the deal.
JD Supra Law
OCTOBER 28, 2021
A protected designation of origin (“PDO”) may also be infringed by use for services. According to the ECJ in a recently published decision (C-783/19), the protection of geographical indications is not exclusively limited to use in connection with goods.
IP Law 360
OCTOBER 28, 2021
The Federal Circuit won't reconsider its decision affirming U.S. District Judge Alan Albright's ruling not to transfer patent litigation over wireless headphone technology against Apple out of the Western District of Texas to California.
JD Supra Law
OCTOBER 28, 2021
On September 17, 2021, in Beasley v. Howard, 14 F.4th 226 (3d Cir. 2021), the Third Circuit joined the Second and Ninth Circuits in ruling that prior trademark cancellation actions in front of the Trademark Trial and Appeal Board (the “TTAB”) did not preclude a later lawsuit in Federal Court for damages for trademark infringement since the TTAB’s jurisdiction is limited only to determining whether a party has the right to register a trademark.
LexBlog IP
OCTOBER 28, 2021
On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright reversion made by Victor Miller, the screenwriter of Friday the 13th, seeking the reversion to the rights in the screenplay to the popular horror film.
The IP Law Blog
OCTOBER 28, 2021
On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright reversion made by Victor Miller, the screenwriter of Friday the 13th, seeking the reversion to the rights in the screenplay to the popular horror film.
LexBlog IP
OCTOBER 28, 2021
In a blog post entitled “New activity from Russian actor Nobelium,” Microsoft’s V.P. of Customer Security & Trust Tom Burt, discussed a recent alert issued by the Microsoft Threat Intelligence Center (MSTIC) regarding the activities of this threat actor. He shared that Nobelium “has been attempting to replicate the approach it has used in past attacks by targeting organizations integral to the global IT supply chain.” Nobelium was behind the 2020 SolarWinds inci
JD Supra Law
OCTOBER 28, 2021
In a recent opinion, Strike 3 Holdings, LLC v. John Doe Subscriber (D.N.J. Oct. 6, 2021), the United States District Court for the District of New Jersey considered when a plaintiff may be granted leave to serve pre-Rule 26(f) conference discovery to obtain the identity of an anonymous defendant accused of infringement from its Internet Service Provider, or ISP.
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