Hugh Stephens Blog

AUGUST 3, 2021

On July 30 the Supreme Court of Canada (SCC) delivered what can only be described as body blow to the management of collective rights in Canada, although the collective society at the centre of the action, Access Copyright, pointed out in its press release that the Court “refuses to legitimize uncompensated copying by the education … Continue reading "Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed"

Licensing 246

Licensing Copying Copyright 246

Plagiarism Today

AUGUST 3, 2021

Though the name Anu Malik might not be especially well-known outside of India, within the country he is an accomplished music director with a three-decade career and is best-known for composing songs for Indian films. Among his work is the song Mera Mulk Mera Desh , which was from the 1996 film Diljale. The soundtrack for the film, including that song, went on to be a major success, but the film itself went on to be classified as a “semi-hit” in the country.

Plagiarism 246

Plagiarism Music Copying 246

Erik K Pelton

AUGUST 3, 2021

This week is the decathlon at the Tokyo summer Olympics. It is one of my favorite events, because it is test of versatility and overall athleticism in track and field. To win, one must be well rounded and very good in all 10 events. And there are 10 trademark events that – if a brand owners is very good in most or all of them – will build a strong and protected brand.

Branding 208

Branding Brands Branding Trademark 208

TorrentFreak

AUGUST 3, 2021

The status of YouTube as the most popular resource to stream free (or at least ad supported) music is a well-established fact. However, there are millions of users online today who would prefer to download music for keeps and that has resulted in a buoyant market for so-called YouTube-to-MP3 ripping services. Possibly the most popular platform in this sector is Y2Mate.com but developments this week have raised questions over the site’s future.

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Music Settlement Licensing Reporting 145

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

Erik K Pelton

AUGUST 3, 2021

Creative brands and great trademarks are all around us. In this episode, Erik reflects on the many wonderful store names he encountered while on a recent family vacation to a small New England town, proof that there are endless possibilities when it comes to trademarks! The post Creative Trademarks Are Alive and Well on Main Streets in America appeared first on Erik M Pelton & Associates, PLLC.

Trademark 201

Trademark Branding Brands Branding 201

Technology & Marketing Law Blog

AUGUST 3, 2021

Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. Effective July 25, 2021, Washington has a new anti-SLAPP statute. My summary of the statute: Scope of coverage : The statute applies to causes of action based on: (1) a person’s statement to a governmental body; (2) a statement on an issue under consideration by a governmental body; and (3) an exercise of someone’s First Amendment rights under the state or federal constitutions “on a matter of publ

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Law Litigation Government Advertising 144

IP Watchdog

AUGUST 3, 2021

Few events capture the attention of the world like the Olympic Games. Around the globe and across the country, people tune in nightly to watch their nation’s athletes compete for a spot on the medal stand. But behind the breathtaking gymnastics performances and thrilling swimming races is some of the most valuable intellectual property in sports. And the United States Olympic & Paralympic Committee (USOPC)—the organizing body in charge of the nation’s Olympic efforts—is just as serious abou

Trademark 132

Trademark Intellectual Property IP 132

Patently-O

AUGUST 3, 2021

by Dennis Crouch. This decision shows how potential defendants can easily use their corporate structure to shelter a parent company from having to defend against patent infringement lawsuits. Andra Group v. Victoria’s Secret Stores ( Fed. Cir. Aug 3, 2021 ). Andra sued Victoria’s Secret for infringing its US Pat. 8,078,498 covering a lingerie virtual showroom.

Branding 126

Branding Brands Branding Business 126

The Illusion of More

AUGUST 3, 2021

Recently, the New York and Maryland state legislatures passed nearly identical eBook licensing bills (and Rhode Island had a sister bill in the works) responding to complaints of inequity by various library associations. Couched in the rhetoric of seeking “reasonable terms” on behalf of readers, and claiming to be neither anti-publisher nor anti-author, what the […].

Licensing 125

Licensing Law Publishing Copyright Law 125

IP Watchdog

AUGUST 3, 2021

Followers of European trademark developments will be familiar with the Sky v SkyKick litigation, in which the UK courts and the Court of Justice of the EU have addressed questions concerning trademark invalidity (see IPWatchdog report here). In the latest twist, the England and Wales Court of Appeal has reversed one of the main first instance findings.

Trademark 125

Trademark Litigation Registration Reporting 125

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

Copyright Alliance

AUGUST 3, 2021

This week we’d like to introduce you to Fine Artist Danielle Eubank. What was the inspiration behind becoming a creator? What do you enjoy most about the creative process? The […]. The post Creator Spotlight with Fine Artist Danielle Eubank appeared first on Copyright Alliance.

Copyright 115

Copyright 115

IPilogue

AUGUST 3, 2021

Photo by Ravi Palwe ( Unsplash). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . . Earthbound is a 1994 role-playing videogame (RPG) released in North America on the Super Nintendo Entertainment System (SNES). It is the second entry in Nintendo’s Mother series and the first to be translated and released outside of Japan.

Copyright 112

Copyright Music Licensing Copying 112

JD Supra Law

AUGUST 3, 2021

Two titans of the American automotive industry are locking horns over branding for automated driving technologies, underscoring the importance of brand clearance before marketing and selling a new product or technology. GM and its subsidiaries Cruise LLC and GM Cruise Holdings LLC filed suit last week in the Northern District of California alleging federal trademark infringement, common law trademark infringement, and state and federal unfair competition claims over Ford’s use of the name.

Branding 107

Branding Brands Branding Technology 107

IP Close Up

AUGUST 3, 2021

Half of Prince’s sizeable estate was recently acquired from his heirs by the music and IP rights company, Primary Wave. That has not stopped the Continue reading.

IP 110

IP Music Publishing Litigation 110

IP.com

AUGUST 3, 2021

Taking a deep dive into relevant prior art is an essential part of the innovation lifecycle. Thorough prior art analysis guides your business’s IP strategy, from competitive intelligence to resource. The post The Importance of Comprehensive Prior Art Analysis appeared first on IP.com - IP Innovation and Analytics.

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Art IP Patent 105

SpicyIP

AUGUST 3, 2021

We are please to bring you a guest post by Sriya Sridhar. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. In this two-part post, she analyses a recent judgement on the Right to Be Forgotten by the Madras High Court. You can read part I here. Madras HC on the Right to be Forgotten: A Welcome Development?

Privacy 105

Privacy Public Domain Law Litigation 105

IP Law 360

AUGUST 3, 2021

A Manhattan federal judge stirred up the ongoing copyright debate over "embedded" social media posts last week, rejecting one long-standing defense and creating even more legal uncertainty over the practice.

Social Media 105

Social Media Copyright 105

JD Supra Law

AUGUST 3, 2021

Qualcomm Inc. v. Intel Corp., Appeal Nos. 2020-1589, et al. (Fed. Cir. July 27, 2021)? - In the only precedential patent decision issued by the Federal Circuit this week, the Court addressed ?again the due process and statutory right of parties in IPR proceedings to have notice and an ?opportunity to be heard on theories that the PTAB may rely on in rendering its decisions.

Patent 101

Patent 101

The Trichordist

AUGUST 3, 2021

Rosanne Cash tells the Copyright Royalty Judges "I value the next generation of songwriters deeply, and I don’t want to see an entire population give up their passion and their chosen vocation, because they can’t pay the rent.

Copyright 103

Copyright 103

JD Supra Law

AUGUST 3, 2021

Case Name: Silvergate Pharms. Inc. v. Bionpharma Inc., No. 18-1962-LPS, 19-1067-LPS, 2021 WL 1751148 (D. Del. Apr. 29, 2021) (Stark, J.) - Drug Product and Patent(s)-in-Suit: Epaned® (enalapril maleate); U.S. Patents Nos. 10,039,745 (“the ’745 patent”) and 10,153,987 (“the ’987 patent”).

Patent 101

Patent 101

The TTABlog

AUGUST 3, 2021

Here's an updated, lengthy list of Section 2(e)(2) geographical descriptiveness cases. These are much more common than Section 2(e)(3) refusals, perhaps because the former is more easily established because it is not necessary to prove the materiality of the misrepresentation. The great majority of the decisions are not precedential, but even non-precedential decisions may be helpful in framing effective arguments and locating precedential support for them.

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Registration Designs Design Branding 94

JD Supra Law

AUGUST 3, 2021

On July 28, the Companies and Intellectual Property Commission of South Africa granted the world’s first patent on an invention created by an artificial intelligence (“AI”) inventor. This development marks an important milestone in what will certainly be a significant battle for legal recognition of such inventions in the United States and other countries.

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Invention Intellectual Property Inventor Patent 98

The IPKat

AUGUST 3, 2021

Previous Guest Kat Rosie Burbidge , Intellectual Property Partner at Gunnercooke LLP and author of European Fashion Law , returns with a review of Harnessing Public Research for Innovation in the 21st Century An International Assessment of Knowledge Transfer Policies , edited by Anthony Arundel (UNU-MERIT, Maastricht University and University of Tasmania), Suma Athreye (Essex Business School, Southend Campus), and Sacha Wunsch-Vincent (World Intellectual Property Organization).

Intellectual Property 73

Intellectual Property Editing Government Ownership 73

JD Supra Law

AUGUST 3, 2021

On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party). While this Motion shares many similarities to a similar motion filed in Broad's interference against the University of California, Berkeley, the University of Vienna, and Emmanuelle Charpentier; Junior Party and collectively, "CVC"), there are significant differences in the.

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98

Barry Sookman

AUGUST 3, 2021

The Supreme Court released another landmark copyright decision in York University v. Canadian Copyright Licensing Agency (Access Copyright) , 2021 SCC 32. The decision, affirmed the decision of the Court of Appeal that held that certified tariffs are not mandatory on users who refuse to accept them. In addition, the Court further developed its fair dealing framework adopted in CCH v Law Society ( CCH ), Alberta (Education ) and SOCAN v Bell Canada (SOCAN).

Higher Education 71

Higher Education Copyright Licensing Law 71

JD Supra Law

AUGUST 3, 2021

First, a bit of background. Inter-Partes Review (IPR) estoppel applies to “any ground that the petitioner raised or reasonably could have raised during that inter partes review.” 35 U.S.C. § 315(e). In 2018, The Shaw decision (Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., 817 F.3d 1293, 1299-1300 (Fed. Cir. 2016), held estoppel did not apply to the grounds on which review was denied by the Patent Trial and Appeal Board (PTAB).

Patent 98

Patent 98

IP Law 360

AUGUST 3, 2021

Valve should pay $6.5 million in attorney fees after a jury levied a $4 million infringement verdict against it, Ironburg Inventions argued in Washington federal court, alleging the video game-maker engaged in "scorched earth tactics" both in the present litigation and through U.S. Patent and Trademark Office challenges.

Invention 76

Invention Litigation Trademark Patent 76

JD Supra Law

AUGUST 3, 2021

Following the Supreme Court’s decision in United States v. Arthrex, the Federal Circuit issued requests for briefing regarding the decision’s impact in pending PTAB appeals in which an Appointments Clause challenge had been raised. Those briefs have now been filed and the parties are awaiting action from the court of appeals. Here we provide a brief overview of the types of arguments we have seen from the parties and of likely next steps.

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IP Watchdog

AUGUST 3, 2021

On August 2, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s denial of Apple’s motion to dismiss in Omni MedSci, Inc. v. Apple, Inc. The majority, with Judge Linn writing, determined that the University of Michigan’s (UM’s) bylaws did not effectuate a present automatic assignment of patent rights from one of its faculty members.

Patent 59

Patent Inventor Licensing Technology 59

JD Supra Law

AUGUST 3, 2021

On July 6th and 7th, the USPTO made good on its promise to not wait for a confirmed director to begin Arthrex Director reviews, issuing its first denials of review requests.

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IP Law 360

AUGUST 3, 2021

The U.S. International Trade Commission will review a ruling knocking a Chinese technology company for importing hearing aid, headphone and earbud components allegedly created with trade secrets stolen from an American rival, according to an agency filing.

Technology 60

Technology 60

JD Supra Law

AUGUST 3, 2021

A small hop for chocolate bunnies, a big step for Swiss chocolate manufacturer Lindt & Sprüngli: The German Federal Court of Justice held that the particular shade of golden color is protected for Lindt & Sprüngli as a color trademark acquired by use due to the reputation it enjoys with the public (decision from 29 July 2021 – I ZR 139/20). The Federal Court has therefore overruled the prior appeal court decision and referred the case back to the appeal court that now has to re-examine t

Trademark 55

Trademark 55

LexBlog IP

AUGUST 3, 2021

The USPTO implemented a Fast-Track Pilot Program for Appeals Related to COVID-19, under which an appellant may have certain COVID-19-related ex parte appeals before the Patent Trial and Appeal Board accorded fast-track status. Appellants file a petition to request fast-track review of their COVID-19-related ex parte appeal—i.e., an appeal of an application that claims a product or process that is subject to an applicable FDA approval for COVID–19 use.

Patent 52

Patent Intellectual Property 52

Indiana Intellectual Property Law

AUGUST 3, 2021

The U.S. Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in July 2021 based on applications filed by Indiana trademark attorneys: Reg. Number. Word Mark. 6434626. ZOOMERS RV. 6433404. GEOTHERMAL ENERGY WE CAN ALL AGREE ON. 6432951. RAYBELLA. 6432531. HT HOBBS TELECOM. 6432457. E3. 6432311. LAUNCH IN STYLE. 6431959.

Registration 52

Registration Trademark Contracts Business 52

LexBlog IP

AUGUST 3, 2021

I called the customer service line for my utility provider the other day and had a moment of confusion when I was addressed as “Samuel J. Kavalier.” The name I heard was not “Sam,” the name by which friends and family have known me for as long as I can remember, and the name I use when I introduce myself. I recognized after the moment passed that the name I heard was my legal name, and customer service was just using the name the company should and did have on file for my

Contracts 52

Contracts Business Branding Brands 52