Fri.Jul 09, 2021

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Decision tree: Is This a Trademark Scam?

Erik K Pelton

Decision tree: Is This a Trademark Scam? If you receive mail that looks like it is about a trademark application or trademark registration, it could be a scam. There are lots of scams – publications that are worthless, renewal services with erroneous deadlines, and more – that prey on trademark filers. If you have an attorney working on your trademark matters, you should contact them immediately to review any potential scam mail.

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Why can’t we all just meme along?

Likelihood of Confusion

As it says in the tweet-within-a-tweet above, today the New York State Supreme Court dismissed all claims against our client, Logan Cook. He’s “Carpe Donktum,” and this is the infamous. The post Why can’t we all just meme along? appeared first on LIKELIHOOD OF CONFUSION™.

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The Current State of Cross-Border Data-Transfers

IPilogue

Photo Credits: Atul Vinayak (Unsplash). Ali Mesbahian is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . It is now an unfortunate truism that we are all subjects of perpetual surveillance. The legal infrastructure that sustains and enables this Orwellian dystopia is undoubtedly overwhelming and discouraging for those seeking change.

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Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol. 102)

SpicyIP

We’re pleased to inform you that The Journal of the Patent and Trademark Office Society is inviting submissions for Volume 102 of the journal. For further deatils, please see the announcement below: Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol. 102). Logo of Patent & Trademark Office Society. The Journal of the Patent and Trademark Office Society (‘JPTOS’), America’s premiere intellectual property law journal for over one hundred y

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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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“Unreviewable Authority” by APJs During Inter Partes Review Struck Down

JD Supra Law

In a split decision, the United States Supreme Court ruled on June 21, 2021, in United States v. Arthrex, that administrative patent judges (APJs) are not constitutionally permitted to wield “unreviewable authority” during inter partes review (IPR) proceedings.

Patent 101
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No, really — counterfeiting

Likelihood of Confusion

In the IP business, when you hear the word “counterfeiting,” you think — you know, fake Louis Vuitton handbags, Rolex “replicas,” that sort of thing. Well that’s counterfeiting, yeah. But. The post No, really — counterfeiting appeared first on LIKELIHOOD OF CONFUSION™.

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Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights

SpicyIP

Image from here. Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. (CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s social media platforms – Facebook and Instagram.

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Fish & Richardson Attorneys Megan Chacon and Crystal Culhane Named 2021 Women of Influence in Law by the San Diego Business Journal

Fish & Richardson Trademark & Copyright Thoughts

Southern California Principal Megan Chacon and Associate Crystal Culhane, Ph.D. , were recognized as 2021 Women of Influence in Law by the San Diego Business Journal. The list honors the top women attorneys in the San Diego area who have made an impact for their clients, their profession, and their community. Megan Chacon focuses her practice on complex patent litigation across a wide range of technologies.

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The Briefing – Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)

The IP Law Blog

In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use.

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Battling the Counterfeiters: White-Collar Intellectual Property Enforcement

JD Supra Law

This CLE paper explores criminal intellectual property violations. There are a wide range of potentially applicable statutory provisions. Part One broadly discusses criminal copyright infringement, focusing on 17 U.S.C. Section 506 and 18 U.S.C. Section 2319. Part Two explores the Trademark Copyright Act, as well as its relation to its civil law counterpart, the Lanham Act, and its evolution since 1984.

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IPO Diversity in Innovation Toolkit

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.

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Muzzling Transferors of Intellectual Property: Assignor Estoppel in Canada

IPilogue

Professor David Vaver is a Member of IP Osgoode’s Advisory Board and a Professor of Intellectual Property Law at Osgoode Hall Law School. . The U.S. Supreme Court recently decided that the doctrine of assignor estoppel—the judge-made law that prevents an assignor, if sued for IP infringement by the assignee, from contesting the title or validity of the IP it transferred—applies to the assignments of patents in Minerva Surgical, Inc. v Hologic, Inc., et al. 594 US (2021).

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@ashleyjanamusic’s Video Tells You All You Need to Know About Spotify’s Attitude Toward Artists

The Trichordist

Another Spotify exec mansplains to artists why complaining about streaming is a sign of entitlement because Taylor Swift doesn't need the money.

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‘Football’s coming home’: IP rights, Germans and THAT final

Managing IP

Our staff wanted an excuse to write about England qualifying for the Euro 2020 final and decided to write this article about football (soccer)

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The USPTO’s Patent Classification and Search Systems Have Jumped on the AI Bandwagon

JD Supra Law

It is no question that Artificial Intelligence (“AI”) technologies have popped up in all aspects of society such as online shopping, music streaming, and social networking. The U.S. Patent and Trademark Office (“USPTO”) has even reported that patents which incorporate AI has increased from under 5% in 1980 to over 20% in 2018. Among those organizations that utilize AI is the USPTO itself.

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Slow and Steady Wins the Race? - Nigeria's Copyright Amendment Bill is finally before the National Assembly

The IPKat

Three years after Nigeria’s Federal Executive Council considered and approved the Copyright (Repeal) Bill, it has now been transmitted to the National Assembly for enactment into law. Readers following the copyright reform process in Nigeria would recall that following public comments in February 2015, a team of national experts engaged through the Nigerian Copyright Commission revised the Draft Copyright Bill before it was presented to the Federal Executive Council for consideration and approva

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CVC Substantive Preliminary Motion No. 3 To Add Claims in ToolGen Patent

JD Supra Law

On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 3 in Interference No. 106,127 (which names ToolGen as Senior Party), asking the Patent Trial and Appeal Board to add claims in ToolGen's U.S. Patent No. 10,851,380* to this interference, pursuant to 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2) and Standing Order ¶ 208.3.2.

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How in-house clear up consumer confusion matters

Managing IP

Sources at Starbucks, Coty and Ziff Davis reveal how using similar criteria to the courts can help them conduct challenging consumer confusion analysis

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Supreme Court Sets Boundaries for Assignor Estoppel in Minerva Surgical v. Hologic

JD Supra Law

The U.S. Supreme Court’s June 29 decision in Minerva Surgical, Inc. v. Hologic, Inc. has important implications for inventors who assign patent rights, employers to whom employees assign patent rights, other assignees, and litigants in patent infringement suits involving patents in which rights were assigned. Historically, assignor estoppel barred assignors of patent rights from challenging the validity of the rights they assigned.

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Supply Chain Issues Worry Publishers

Velocity of Content

On Tuesday, the Book Industry Study Group hosted a webinar and discussion that outlined concerns for publishing’s supply chain in the aftermath of the COVID-19 pandemic. “Truck driver shortages, widespread port congestion, and skyrocketing container costs are among the biggest challenges facing the book industry supply chain for the rest of the year and into 2022,” according to Publishers Weekly coverage of the BISG program.

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Supreme Court Upholds but Narrows Assignor Estoppel: What This Means For Your Company and its Employees

JD Supra Law

On June 29, 2021, the Supreme Court published its divisive opinion in Minerva Surgical, Inc. v. Hologic, Inc., Et. Al. The 5-4 decision penned by Justice Kagan upheld the centuries-old doctrine of Assignor Estoppel, while simultaneously narrowing its reach.

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Lessons from Surfside

GDB Firm Blog

The Surfside tragedy of June 24, 2021 has provided a dire warning to condominium and cooperative board members everywhere not to neglect their responsibilities to preserve and protect the buildings that they manage and the health and safety of their occupants. Lawsuits have already been filed against Champlain Towers South Condominium Association Inc. and its managers.

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[Audio] Podcast - Andy Warhol's Prince Prints: Not Fair Use!? (Part One)

JD Supra Law

In this week's episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol's renditions were not transformative enough to be fair use.

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What it means to be in Intellectual Property

IP Blog

While many may assume that the legal arena is the primary employment venue for IP, this is not the case. Let us examine some of the different positions that comprise this industry and why they are vital to the sector and the global economy.

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Do Lawyers Make Us Rude?

JD Supra Law

A trending story last week was Courtney Love’s accusation that Olivia Rodrigo copied the cover of Live Through This, which was released by Love’s band Hole in 1994. Love has clarified that her complaint is that she wasn’t asked, calling Rodrigo’s actions “rude.” A lot of people agree with Love that it was rude not to ask. By: Harness, Dickey & Pierce, P.L.C.

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Who Are Australia’s Leading Global Patent Applicants?

LexBlog IP

This is a guest contribution from Mike Lloyd of Patent-Insights. Mike has previously contributed articles on the impact, from an Australian perspective, of COVID-19 on international patent, trade mark, and registered designs filings , and on what patent data can tell us about the Australian government’s plan for local manufacturing? Further details about the author can be found at the end of the article.

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Elanco Animal Health, Inc. Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

Indianapolis, Indiana – Apparently, Epitopix, LLC d/b/a Vaxxinova US (“Vaxxinova”) is an animal health research and development company specializing in veterinary vaccines. Vaxxinova is the owner of three patents at issue, all entitled “Immunizing Compositions and Methods of Use,” U.S. Patent Nos. 8,282,941 , 7,943,150 , and 7,943,151 (collectively the “Patents in Suit”).

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Fairly Competing, Episode 5: Litigating Trade Secret and Restrictive Covenant Injunctions, Generally and in the COVID Era

LexBlog IP

In this episode, Ben Fink , Russell Beck , and I discuss the standards that apply and issues that arise when seeking or defending against an injunction in a trade secret or restrictive covenant case, and how they’ve been impacted by COVID. We also discuss the infamous “ Unicorn Case ” — a federal court decision issued in March 2020 that expressed skepticism over requests for emergency injunctions in the midst of a pandemic — and whether geographic restrictions make

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What Can Be Copyrighted

Legal Zoom

Only original works of authorship may be copyrighted. This means that the original creator of the work or his or her agent is the only one who may obtain a copyright. You cannot take someone else's work and obtain a copyright. Types of Works.

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President Biden Issues Executive Order Calling on FTC to “Curtail Unfair Use” of Non-Competes and Other Restrictive Covenants

LexBlog IP

There have been whispers of federal regulation of non-compete agreements for years. Multiple bipartisan bills aiming to ban non-competes have fallen to the wayside without traction. The Federal Trade Commission hosted a workshop in January 2020 (attended by our own Erik Winton) “to examine whether there is a sufficient legal basis and empirical economic support” to restrict non-competes.

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2021 Mid-Year Highlights in Canadian Life Sciences IP and Regulatory Law

JD Supra Law

In the first half of 2021, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. The Rx IP Update team at Smart & Biggar has collected the top stories from January to June and summarized them for you here.

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PTAB filings H1 2021: top petitioners, patentees and law firms

Managing IP

Samsung is the top petitioner, Ericsson the most challenged patent owner and Fish & Richardson takes the lead for PTAB law firms

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Sports & Entertainment Spotlight: The Banning of Olympic-Hopeful Sha’Carri Richardson Sparks Discussion Regarding Marijuana Policies

JD Supra Law

Laws — like people — are imperfect. They can be slow to adapt to evolving societal norms, and worse still, their application can yield unjust outcomes. Indeed, look no further than this past week’s developments involving Olympic-hopeful Track & Field athlete, Sha'Carri Richardson. Almost as quickly as Richardson could sprint, we saw her go from Gold Medal favorite to spectator after a drug test administered (after her first place finish in her U.S.

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USPTO patent eligibility study looks like groundwork for legislation

IAM Magazine

Agency requests information on how current uncertainties are affecting jobs, investments, innovation and technology competitiveness.

Patent 52
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Pendent Venue: What Is It, and Can You Still Rely on It?

JD Supra Law

Venue, in the context of the federal law, refers to the judicial district in which a case can be heard. Venue must be established for each cause of action in a case. In most federal civil litigation, proper venue is defined by section 1391(c) of Title 28 of the U.S.

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The Divorce Process

Legal Zoom

The Divorce Process. A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage.

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