Erik K Pelton

MARCH 2, 2022

The USPTO recently announced that trademark registration certificates are no longer going to be automatically printed and mailed on paper. What does that mean to you and what are the consequences? This episode will answer these questions. The post Trademarks in the Cloud appeared first on Erik M Pelton & Associates, PLLC. The USPTO recently announced that trademark registration certificates are no longer going to be automatically printed and mailed on paper.

Trademark 113

Trademark Registration 113

IP Watchdog

MARCH 2, 2022

Last week, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. District Court for the Eastern District of Virginia affirming the United States Patent and Trademark Office (USPTO) Director’s vacatur of ex parte reexamination proceedings based on the estoppel provision of the inter partes review (IPR) regime.

Patent 122

Patent Trademark Litigation Intellectual Property 122

Technology & Marketing Law Blog

MARCH 2, 2022

Thaler filed an application to register the copyright in this work, entitled “A Recent Entrance to Paradise”: Thaler explained the work “was autonomously created by a computer algorithm running on a machine” and he was “seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine.”. The Copyright Office repeatedly refused to register the work for lack of authorship.

Registration 122

Registration Copyright Copyright Law Blogging 122

TorrentFreak

MARCH 2, 2022

MG Premium, part of the Mindgeek adult empire, had been homing in piracy platforms YesPornPlease.com and VShare.io for some time. In 2019 the Brazzers owner obtained a DMCA subpoena requiring Cloudflare to hand over the personal details of the sites’ owners. In January 2020, YesPornPlease had around 100 million visitors per month (SimilarWeb stats) so any information would’ve been useful to MG Premium.

Copyright 119

Copyright Copyright Infringement Copying Licensing 119

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

IP Watchdog

MARCH 2, 2022

On February 24, 2022, the U.S. Supreme Court vacated the Ninth Circuit’s ruling in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20–915 (Feb. 24, 2022). The Court held that a copyright registration applicant, if unaware of legal inaccuracies in a copyright application, does not submit those inaccuracies “knowingly” for purposes of Section 411(b)(2), and as such, does not lose the protections of the Copyright Act’s safe harbor for registrations with inaccuracies.

Copyright 116

Copyright Registration Law Litigation 116

TorrentFreak

MARCH 2, 2022

The music industry has pushed for site blocking measures around the world, with quite a bit of success. Among the main targets are popular stream-ripping services. This includes Yout.com , which is operated by the American developer Johnathan Nader. Unlike many of his peers, Nader isn’t simply taking these blocking orders lying down. On the contrary, where possible, he actively challenges them in court, as we’ve seen in Denmark , Spain, and Brazil.

Intellectual Property 119

Intellectual Property Music Government Copyright 119

Kluwer Copyright Blog

MARCH 2, 2022

Photo by AbsolutVision on Unsplash. The buzz around AI-generated outputs seems to never stop. While the field is rich on exaggerated claims, there are certain domains that have seen a genuine revolution fueled by AI. One such field is journalism. In the past years, sophisticated AI algorithms have become a meaningful assistant in the European news industry.

Copyright 108

Copyright Journalism Intellectual Property Copyright Law 108

IP Watchdog

MARCH 2, 2022

The U.S. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. The U.S. District Court for the Northern District of Texas dismissed with prejudice Continental’s Sherman Act claims for lack of antitrust standing and, alternatively, for failure to plausibly pl

Licensing 111

Licensing Law Patent Patent Infringement 111

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. It will surely declare your exclusive Trademark Rights to a logo or name; however, it is essential to note that you can lose those rights just as easily as you acquired them.

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Registering Trademarks Trademark Registration Trademark Law 105

JD Supra Law

MARCH 2, 2022

2021 was a big year for Non-Fungible Tokens (NFTs) resulting in significant commercial value. The creators behind Cryptopunks, an NFT project with over $2 billion worth of trading volume, signed a representation deal with a leading Hollywood talent agency to pursue a range of commercial projects. Purchasers of the Bored Ape Yacht Club (BAYC) NFTs, including music producer Timbaland, distribution label Universal Music Group, and consumer products company Arizona Iced Tea, have all commercially.

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Non-Fungible Tokens Intellectual Property Music 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

Velocity of Content

MARCH 2, 2022

Diversity, equity and inclusion are not just buzzwords. In the current work climate, they must be the foundation of every organization’s culture. It is far more efficient to build a culture based on inclusivity. From the start rather than amending it later due to a lack of early attention, especially in emerging life science organizations. As part of a recent webcast series with CCC designed to provide emerging R&D-intensive organizations with best practices, I had the pleasure of speaking w

Copyright 97

Copyright Designs Design 97

The IPKat

MARCH 2, 2022

To celebrate the launch of Evergreening Patent Exclusivity in Pharmaceutical Product s (Hart, 2021) by Frantzeska Papadopoulou , on Tuesday 15 March 2022 14:00-16:00 CET, the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University will host an online conference to discuss the current state and future of patent law and regulatory rights in the very exciting new field of personalized medicine.

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

IAM Magazine

MARCH 2, 2022

As Women’s History Month unfolds in the US, the company is acting to re-engineer the status quo by changing the balance among its attorneys and inventors.

Inventor 98

Inventor Patent 98

Michael Geist

MARCH 2, 2022

The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. The study stems from reports that the Public Health Agency of Canada worked with Telus and BlueDot, an AI firm, to identify COVID-19 trends based on mobility data.

Privacy 90

Privacy Government Law Reporting 90

Patently-O

MARCH 2, 2022

AstraZeneca AB v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2022). The Federal Circuit has denied AstraZeneca’s petition for en banc rehearing in this scientific notation case. I’d like to see a Supreme Court petition on scientific notation. Here is the basic setup: AZ’s formulation patent includes “0.001%” PVP K25. Mylan’s accused product is slightly different, but still within standard rounding error (0.0005% to 0.0014%).

Patent 94

Patent 94

43(B)log

MARCH 2, 2022

Mogull v. Pete & Gerry’s Organics, LLC, 2022 WL 602971, No. 21 CV 3521 (VB) (S.D.N.Y. Feb. 28, 2022) Mogull alleged that eggs marketed by defendant Nellie’s as “free-range” are actually not “free-range.” The packaging describes its eggs as “free-range,” includes images of hens outdoors, and states: Most hens don’t have it as good as Nellie’s. 9 out of 10 hens in the U.S. are kept in tiny cages at giant egg factories housing millions of birds.

Designs 83

Designs Design Marketing Marketing 83

IP and Legal Filings

MARCH 2, 2022

INTRODUCTION. The Food Safety and Standards Authority of India (FSSAI) is a statutory body established on 5 th August, 2011, under the Food Safety and Standards Act, 2006 regulated under the Ministry of Health and Family Welfare, Government of India. The “FSSAI” consists of a Chairman, the leading head and his twenty-two companion members to support his functioning.

Registration 74

Registration Licensing Business Government 74

IP Law 360

MARCH 2, 2022

Among the more than 2,000 firms and entities that appeared in proceedings at the Patent Trial and Appeal Board between the fall of 2012 and August 2021, women attorneys made up just 12% of all attorney appearances, according to a new report from the PTAB Bar Association.

Reporting 75

Reporting Patent 75

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. The Board found confusion likely with Disney's registered mark TINKER BELL for a variety of goods, including dolls, doll accessories, doll clothes, and doll playsets.

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Public Domain Designs Design Registration 72

IP Law 360

MARCH 2, 2022

Artificial intelligence-based innovations in the chemical industry are increasing at a rapid pace, and relevant patent applications face challenges at the U.S. Patent and Trademark Office because they differ from typical chemical innovations, requiring specific considerations for navigating this new course, say Michael Sartori and Matthew Avery at Baker Botts.

Invention 75

Invention Patent Patent Application Trademark 75

Kluwer Copyright Blog

MARCH 2, 2022

Readers of this blog will be familiar with the English High Court’s strong track record in issuing injunctions to compel internet service providers (“ISPs”) to block access to copyright-infringing websites. In the latest such order issued by the High Court (on 3 February 2022), one of the target websites was a cyberlocker hosting movies and TV shows.

Intellectual Property Law 65

Intellectual Property Law Copyright Infringement Copyright Intellectual Property 65

JD Supra Law

MARCH 2, 2022

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone. Since that time, interest in design patent protection has continued to grow by all measures.

Design Patent 57

Design Patent Designs Design Patent 57

IP Law 360

MARCH 2, 2022

Illumina urged a California federal judge on Wednesday to order enhanced damages following a jury determining four out of five of the company's patents behind its next-generation genome-sequencing technology are valid and were willfully infringed by its Chinese rival BGI Genomics Co. Ltd., saying the $8 million in damages should be tripled.

IP 52

IP Technology Patent 52

JD Supra Law

MARCH 2, 2022

The US Supreme Court held that the Copyright Act’s safe harbor provision for unintentional mistakes made in copyright registrations applies equally to mistakes of law and fact.

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Registration Copyright Law 52

Likelihood of Confusion

MARCH 2, 2022

They just fade away. Mostly. Originally posted 2013-10-29 12:56:20. Republished by Blog Post Promoter. The post Old trademarks never die… appeared first on LIKELIHOOD OF CONFUSION™.

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Trademark Blogging Branding Brands 52

IP Law 360

MARCH 2, 2022

A former administrative patent judge at the Patent Trial and Appeal Board has made the move to Arnold & Porter as a partner, bringing with her years of experience in the intellectual property field.

Intellectual Property 52

Intellectual Property IP Patent 52

JD Supra Law

MARCH 2, 2022

The Court of Appeals for the Federal Circuit has recently clarified the scope of estoppel that applies to a defendant accused of patent infringement in a district court case as a result of a failed attempt to invalidate the asserted claims in an inter partes review proceeding. The estoppel arises under 35 U.S.C. §315(e), which, prior to this recent decision, had an unclear scope.

Patent Infringement 52

Patent Infringement Patent 52

IAM Magazine

MARCH 2, 2022

WLG professionals from Canada, China and the United Kingdom provide practical guidance on the necessity of seeking local advice when making agreements to commercialise intellectual property.

Intellectual Property 52

Intellectual Property Reporting 52

JD Supra Law

MARCH 2, 2022

Recently, the Patent Trial and Appeals Board (PTAB) declined to terminate an inter partes review (IPR) proceeding despite the Petitioner’s alleged failure to identify all the real parties-in-interest (RPIs).

Patent 52

Patent 52

IAM Magazine

MARCH 2, 2022

Europe has anti-suit injunctions involving SEPs firmly in its sights, but there are multiple, highly complex issues at play and context is all important. Adam Houldsworth, Jacob Schindler, Joff Wild and Bing Zhao report.

Reporting 52

Reporting Patent 52

JD Supra Law

MARCH 2, 2022

On Thursday, February 24, 2022, the U.S. Supreme Court weighed in on the long-running copyright infringement dispute between Los Angeles fabric designer, Unicolors Inc., and global fast fashion giant, H&M Hennes & Mauritz L.P. In its 6-3 decision, the U.S. Supreme Court vacated the Ninth Circuit’s ruling and held that inadvertent inaccuracies in a copyright registration do not void such registration, nor do they preclude the copyright holder from bringing a valid infringement claim.

Registration 52

Registration Copyright Copyright Infringement Law 52

IP and Legal Filings

MARCH 2, 2022

INTRODUCTION. The Food Safety and Standards Authority of India (FSSAI) is a statutory body established on 5 th August, 2011, under the Food Safety and Standards Act, 2006 regulated under the Ministry of Health and Family Welfare, Government of India. The “FSSAI” consists of a Chairman, the leading head and his twenty-two companion members to support his functioning.

Registration 52

Registration Licensing Business Government 52

JD Supra Law

MARCH 2, 2022

While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the forefront is the prospect of greater patent law harmonization with the entry into force of the Unified Patent Court (UPC) and the European patent with unitary effect.

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Reporting IP Law Intellectual Property 52

Intellectual Property Brief

MARCH 2, 2022

A domain registry attempted to register the.SUCKS generic top level domain via two separate applications, and the Federal Circuit later affirmed the Office refusals.

Trademark 52

Trademark 52

JD Supra Law

MARCH 2, 2022

Intel Corp. petitioned for six inter partes reviews (IPRs) challenging the validity of U.S. Patent No. 9,608,675, a patent directed to power management in wireless devices. In each proceeding, Intel and patent-owner Qualcomm Inc. agreed the signals described by the term “a plurality of carrier aggregated transmit signals” must increase user bandwidth.

Patent 52

Patent 52