Erik K Pelton
APRIL 8, 2022
It may not be easy to find a create, creative, bold brand name. But it can be done, and in fact it is done all the time. It doesn’t come easy, but the effort is worth the challenge – and the time and energy involved – to standout with customers and competitors, and to improve the odds of USPTO trademark registration. More Peltonisms® at [link].
The IPKat
APRIL 8, 2022
Merpel will be also spending the weekend shopping for (stiletto heel) shoes Last year The IPKat reported on a new referral to the Court of Justice of European Union (CJEU) from Luxembourg’s Tribunal d’arrondissement, asking whether the operator of a hybrid marketplace could be considered directly liable for trade mark infringement due to the presence of third-party listings of infringing goods on its platform.
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TorrentFreak
APRIL 8, 2022
With over 200 million code repositories, GitHub takes prides in being the largest and most advanced development platform in the world. As with other platforms that host user-generated content, this massive code library occasionally runs into copyright infringement troubles. In some cases, people use code without permission from the creators, while others use GitHub to store pirated books or even music.
The IPKat
APRIL 8, 2022
This Kat has never been much into vampire lore, although our youngest did convince his parents to purchase the full set of episodes for Buffy, the Vampire Slayer. Vampires have been accused of many things over the centuries. But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. Last month marked one hundred years since the first screening in Berlin of the iconic vampire movie — Nosferatu: A Symphony of Horror.
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?
Managing IP
APRIL 8, 2022
We hosted the first instalment of the 17th annual Managing IP Awards to celebrate remarkable IP achievements by law firms and in-house teams in the Americas region
IPilogue
APRIL 8, 2022
Photo by Jakub Kapusnak ( Unsplash ). . Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . Over the past decade, the media has published several scandals about the quality and safety of the food we eat – from horsemeat found in Tesco beef burger patties to shark and seafood fraud. It is estimated that the counterfeit food industry is worth $49bn a year.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IPilogue
APRIL 8, 2022
We are accepting applications to join the IPilogue Team as writers for Summer 2022! We are looking to fill roughly 5-10 open positions. If you are passionate about writing and interested in building your presence or being published in IP law, this is a great opportunity for you. IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.
IP Watchdog
APRIL 8, 2022
On April 6, the UK High Court issued a judgment of non-infringement in favor of artist Ed Sheeran over his 2017 song, “Shape of You.” The court held that Sheeran did not copy a part of Defendant Sami Chokri’s 2015 song called “Oh Why.” The ruling came nearly four years after co-writers Chokri and Ross O’Donoghue (collectively, Defendants) first accused Sheeran and his co-writers, Snow Patrol's John McDaid and producer Steven McCutcheon (collectively, Plaintiffs) of deliberately and consciously c
Nelligan Law
APRIL 8, 2022
Reading Time: 3 minutes The four-day work week has been generating a lot of buzz lately. Benefits such as increased productivity, better work-life balance, and improved job satisfaction have many employers considering making the shift. Before moving to a four-day work week, it is important for employees and employers to consider the legal implications of their decision.
IAM Magazine
APRIL 8, 2022
Research on metaverse patents shows leadership in the US and China and significant assets assigned to IBM, Microsoft and other major IP-owning companies.
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.
43(B)log
APRIL 8, 2022
My former student Ben Horton has published The Hydraulics of Intermediary Liability Regulation , 70 Clev. St. L. Rev. 201 (2022), making an important point about the tradeoff between exposing platforms to greater liability for unlawful content and their ability/incentives to remove "lawful but awful" content. Recommended! Abstract: The intermediary immunity created by Section 230 probably protects claims based on the non-legal harms of hate speech and misinformation as well as a European-style p
IP Law 360
APRIL 8, 2022
A British filmmaker accused of infringing the copyrights for songs by the Rolling Stones and other acts urged a New York federal judge Friday to sanction the record labels suing him, arguing they turned over key ownership documents months too late.
Barry Sookman
APRIL 8, 2022
The budget revealed several initiates to amend the Copyright Act. Specifically, the budget reveals the government’s intention to amend the Copyright Act to implement Canada’s term extension obligations under the CUSMA and to ensure fair remuneration for copying in the educational sector. Here is what the government has planned. In Budget 2022, the government proposes to introduce amendments to the Copyright Act to extend the general term of copyright protection from 50 to 70 years a
IP Law 360
APRIL 8, 2022
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Target is reigniting a fight over former swimsuit model Kathy Ireland's efforts to register "Up Up & Away" as a trademark, citing its "Up & Up" brand — plus three other cases you need to know.
JD Supra Law
APRIL 8, 2022
The Copyright Alternative in Small-Claims Enforcement Act (CASE Act), enacted in December 2020, established the new Copyright Claims Board (CCB) within the Copyright Office, which is intended to provide an alternative, cost-efficient, streamlined forum for copyright owners to enforce their rights without having to resort to federal court litigation, which can be lengthy and expensive.
IP Law 360
APRIL 8, 2022
For companies facing serious trials, their best asset is the national-tier counsel they parachute in. But those litigators rely just as heavily on their own secret weapon: local counsel who provide case-critical intel on judges, jury pools, and rules written and unwritten.
JD Supra Law
APRIL 8, 2022
The International Association for the Protection of Intellectual Property (AIPPI) Patent Cooperation Treaty (PCT) Working Group held its 14th session from June 14 to 17, 2021. Patent attorney Mary Drabnis (Baton Rouge) co-authored a summary report in the March 2022 edition of the AIPPI newsletter. Originally published in AIPPI Newsletter March 2022.
IP Law 360
APRIL 8, 2022
Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.
Fish & Richardson Trademark & Copyright Thoughts
APRIL 8, 2022
Fish & Richardson Principals Martina Hufnal and Mike McKeon have been named “Litigators of the Year” at Managing IP ’s 2022 Managing IP Americas Awards. Hufnal was named “Litigator of the Year” for the Delaware region, while McKeon was named “Litigator of the Year” for the DC Metro. Hufnal is an experienced intellectual property litigator in the areas of small molecule pharmaceutical, biosimilar, and chemical litigation.
IAM Magazine
APRIL 8, 2022
In first public appearance since stepping down from the Federal Circuit, former judge speaks about the US Supreme Court’s record in patent cases, the effects of eBay and threats to Bayh-Dole.
Fish & Richardson Trademark & Copyright Thoughts
APRIL 8, 2022
BTI Consulting Group has selected Fish & Richardson for inclusion on its 2022 BTI Client Service 30: Best of the Best in Client Service Delivery list. This exclusive list identifies the top 30 law firms that have consistently provided outstanding client service in the past year. According to BTI , “The Best of the Best in client service perform 9 to 15 times better than the typical law firm.
IP and Legal Filings
APRIL 8, 2022
Click wrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Click wrap Contract. The Click wrap Contract is based on Shrinkwrap Contracts, in which the TOS [Terms of service ] is included with the item and opening it is deemed entering into a Shrinkwrap contract.
LexBlog IP
APRIL 8, 2022
It has been a busy last few weeks for biosimilar developers, with multiple deals announced. On March 29, 2022, it was announced that Formycon AG (“Formycon”) and ATHOS KG (“ATHOS”) have agreed to merge their development activities in the area of biosimilars through a long-term strategic partnership. Formycon will acquire 100% of the rights in FYB202, a biosimilar candidate for Stelara, a 50% stake of ATHOS in FYB201, a biosimilar candidate for Lucentis, and the operationa
IP Law 360
APRIL 8, 2022
A Texas federal jury found on Friday that Daiichi Sankyo Co. Ltd. owes $41.8 million in damages because a breast cancer treatment medication it markets under the brand name Enhertu infringes a Seagen Inc. patent covering the delivery of a drug called Adcetris.
JD Supra Law
APRIL 8, 2022
After a myriad of challenges, delays, and hurdles, the setting up of the pan-European patent court, the Unified Patent Court (UPC), is finally gaining traction. On January 19, 2022, the UPC came into existence as an international organization. This date marks the beginning of the Provisional Application Period (PAP), which was triggered by the thirteenth member state’s ratification of the PAP Protocol.
IP Law 360
APRIL 8, 2022
McCarter & English LLP has tapped longtime patent litigation attorney James Moore Bollinger to become a partner in its intellectual property practice in Stamford, Connecticut.
Velocity of Content
APRIL 8, 2022
Publishers waited three years to reconvene at the London Book Fair, and this week, they returned to Olympia Hall with enthusiasm. In the first hours of the fair, long lines formed outside the venue, though for the obligatory Covid vaccination checks, thus tempering somewhat the enthusiasm for the book business homecoming. “While the presence of large American publishing conglomerates was small, especially compared to previous years, English publishers crowded the floor,” according to Andrew A
Trading Secrets
APRIL 8, 2022
Wednesday, April 20, 2022. 12:00 p.m. to 1:00 p.m. Eastern. 11:00 a.m. to 12:00 p.m. Central. 10:00 a.m. to 11:00 a.m. Mountain. 9:00 a.m. to 10:00 a.m. Pacific. REGISTER HERE. In the third installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys will discuss employee mobility and its impact on trade secrets and non-competes. Learn best practices and practical steps companies can take to continue to protect intellectual capital in today’s market.
JD Supra Law
APRIL 8, 2022
The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of Prince that were subsequently the subject of Warhol’s allegedly infringing works.
IAM Magazine
APRIL 8, 2022
In first public appearance since stepping down from the Federal Circuit, former judge speaks about the US Supreme Court’s record in patent cases, the effects of eBay and threats to Bayh-Dole.
JD Supra Law
APRIL 8, 2022
For domain name disputes, applying to WIPO Arbitration and Mediation Center for arbitration is a way that many foreign right holders are willing to choose because of its fast speed and low cost. If the respondent is a Chinese enterprise or a Chinese citizen and it is unsatisfied with the decision of transferring the disputed domain name made by WIPO Arbitration and Mediation Center, it/he/she may bring a lawsuit to a Chinese court with jurisdiction.
IP and Legal Filings
APRIL 8, 2022
Clickwrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Clickwrap Contract. The Clickwrap Contract is based on Shrinkwrap Contracts, in which the TOS [Terms of service ] is included with the item and opening it is deemed entering into a Shrinkwrap contract.
JD Supra Law
APRIL 8, 2022
The Russian government has issued a decree to deny compensation to patentees from “unfriendly states” when their patents are used for Russia’s national security purposes. Additionally, the US Patent and Trademark Office has fully ended its engagement with Russia’s patent office, Rospatent.
Managing IP
APRIL 8, 2022
Counsel at BMO Financial Group, Atlassian and two other companies explain how industry norms, robust contracts, and thorough IP protection can help prevent infringement from collaborators
JD Supra Law
APRIL 8, 2022
Welcome back and please come on in, lest you catch a cold. This past Sunday’s Grammy Awards dialed up the heat, taking place in the Las Vegas desert, having been bumped from its usual Los Angeles stage due to COVID restrictions. To the relief of many, no cringeworthy, front-and-center battery took place at this awards show (evidently the Nevada Gaming Commission put the kibosh on that).
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