Erik K Pelton

NOVEMBER 29, 2021

The following is an edited transcript of my video, The Trademark Protection Decathlon. One of the most intriguing events in the Olympics is the decathlon, at least from my perspective. The decathlon was created to try to measure the most well-rounded athletes because it’s not just one event, one competition, it’s a total of 10 events. In case you’re not that familiar with it, it’s the 100 meters, the long jump, the shot put, the high jump, the 400 meters, the 110 meter hu

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TorrentFreak

NOVEMBER 29, 2021

A small minority of gamers have the urge to artificially boost their skills and egos by using hacks and cheats. These players generally ruin the fun for the rest, which is a serious concern for game companies. To address this issue, several game companies including Take-Two Interactive and Epic Games , have taken cheaters to court. More recently, American video game developer Bungie joined in on the action.

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IP Watchdog

NOVEMBER 29, 2021

IPWatchdog has been told that Kathi Vidal, who is President Biden’s nominee for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), will have her confirmation hearing on Wednesday, December 1. As of the time of publication, the Senate Judiciary Committee, to which the Vidal nomination has been referred, lists a confirmation hearing for the full Committee at 10am on December 1, but provides no additional information.

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SpicyIP

NOVEMBER 29, 2021

We’re pleased to bring to you a post by Niharika Salar. Niharika is an Assistant Professor at the NALSAR University of Law, Hyderabad. Is it Kurta? Is it a Kaftaan? It’s GUCCI: Why GUCCI May Not be Accountable This Time Too. Image from here. A few months ago, Gucci was found selling a peculiar outfit named “organic linen kaftan”. Following this incident, news of Zara selling lungi as ‘check mini skirt’ a few years ago had resurfaced on social media.

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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

Technology & Marketing Law Blog

NOVEMBER 29, 2021

Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. My blog post analyzing the law. The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few days (this morning, the court is hearing oral arguments). I’m keeping my fingers crossed that the judge will recognize this as an easy case.

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SpicyIP

NOVEMBER 29, 2021

We’re pleased to inform you that The Centre for Intellectual Property Rights of the National University of Advanced Legal Studies (NUALS), Kochi is inviting submissions for its official blog, The IP Site on a rolling basis. For further details, please see the announcement below: Call for Blogs – The IP Site, the Centre for Intellectual Property Rights (CIPR), NUALS Kochi.

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Blogging IP Intellectual Property Intellectual Property Law 104

IP Law 360

NOVEMBER 29, 2021

A California federal judge has sided with Miramax in a dispute with the photographer behind the photo in a well-known "Pulp Fiction" movie poster, ruling that the photographer waited too long to bring his case.

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JD Supra Law

NOVEMBER 29, 2021

The Leahy-Smith America Invents Act prescribed two very different post-grant review proceedings in U.S. patent law. The first, post-grant review (PGR), had some analogies with European opposition practice, in that petitions for PGR could be filed no later than nine months after the patent had granted and any ground of patentability was available as the basis for challenge (see 35 U.S.C. § 321 et seq.).

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Michael Geist

NOVEMBER 29, 2021

Canada’s strategy to ensure that everyone from coast to coast to coast has access to affordable high speed Internet services is widely viewed as a failure and the source of ongoing frustration for many, particularly those in rural, remote and indigenous communities. Those communities often face the prospect of no broadband access or at best expensive, unreliable services.

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JD Supra Law

NOVEMBER 29, 2021

The New Jersey district court in the Immunex v. Samsung Bioepis BPCIA litigation entered a Final Judgment and Order of Permanent Injunction on November 3, 2021. As we previously reported, the litigation pertains to ETICOVO (etanercept-ykro), Samsung Bioepis’s biosimilar of ENBREL.

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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

The IPKat

NOVEMBER 29, 2021

The IPKat Team was extremely saddened to receive news of the untimely passing of Professor Margaret Sophia Moy Llewelyn. Professors Estelle Derclaye, Lionel Bently and Robert Burrell have kindly shared the in memoriam below: Obituary - Professor Margaret Sophia Moy Llewelyn (1962-2021) Margaret Llewelyn, Honorary Professor of Intellectual Property Law at the University of Sheffield, best known as one of the foremost experts on plant breeders’ rights and patent law, passed away on 2 November 2021

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Patently-O

NOVEMBER 29, 2021

Brittex Financial v. Dollar Financial ( Fed. Cir. 2021 ). This is a trademark case. Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. The company had been using the name for several years in the payday loan business, and in 2012 expanded into pawn shops and then filed for registration for that usage in 2013.

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The IPKat

NOVEMBER 29, 2021

Thanksgiving just gets this Kat all warm and tingly and all kinds of wonderful inside. Let’s see what the other IP blogs have been up to this week:- Trade Marks “Metaverse” has become centre stage after Facebook announced that it had changed its company name to “Meta”. Whilst there are conflicting views as to whether this technological concept should be taken seriously, it is without a doubt that metaverse is appearing more frequently in company’s branding efforts.

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IP Law 360

NOVEMBER 29, 2021

A Ninth Circuit panel on Monday agreed with a lower court in putting an end to a copyright case over "You Raise Me Up," saying major record labels and Spotify did not transform a 1977 hit from Iceland into the chart-topper sung by Josh Groban and others.

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The IPKat

NOVEMBER 29, 2021

This Kat continues her review of the “ Handbook of Intellectual Property Research ” (ed. by I. Calboli and M. Montagnani, OUP, 912 pp.), published recently in open access (review of Parts I and II, here ). After discussing traditional legal methods in Parts I and II, the second half of the book introduces readers to empirical research methods. Part 3: Intersections between IP and (social) science Part 3, starting with Chapter 26 written by Shubha Ghosh, analyses consequentialist thinking and eco

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IP Law 360

NOVEMBER 29, 2021

A patent holding company has argued at the Federal Circuit that U.S. District Judge Rodney Gilstrap's decision to wipe out a $308.5 million patent verdict against Apple was a "radical" expansion of a rarely invoked rule meant to punish slow-walking applicants at the patent office.

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The IPKat

NOVEMBER 29, 2021

On 8 November 2021, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report ( WIPI ), reviewing global IP activity in 2020. WIPI compiles data from around 150 IP authorities (both national and regional) and WIPO concerning filing, registration and renewals on IP rights. It finds that 2020, for all its eventfulness, presented a resilience force in IP – several main application volumes worldwide increased since 2019: WIPO Director Gene

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IP Law 360

NOVEMBER 29, 2021

The National Association of Broadcasters cautioned senators Monday about Federal Communications Commission nominee Gigi Sohn's alleged ties to the streaming industry ahead of her confirmation hearing this week, saying that her involvement in the now-defunct app Locast raises red flags.

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The IPKat

NOVEMBER 29, 2021

The IPKat is pleased to host another guest contribution by Jan Jacobi (Kindred Group) on an interesting Dutch case relating to image rights as applied to the evocation of someone's own image. Here's what Jan writes: Flattery or freeloading? The use of look-a-likes within the context of image rights by Jan Jacobi Copycats trying to find a fair balance “Imitation is the sincerest form of flattery that mediocrity can pay to greatness”, Oscar Wilde famously stated.

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IP Law 360

NOVEMBER 29, 2021

Female lawyers and lawyers of colors have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

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IP Watchdog

NOVEMBER 29, 2021

This week in Washington IP news, committee hearings in the House of Representatives will focus on ways to ensure that America retains global leadership in microelectronics, proposed legislative amendments to Section 230 of the Communications Decency Act to rein in legal immunities for major online platform providers, and recommendations from the recent decadal survey for astronomy and astrophysics, including recommendations for building a next-generation large telescope.

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The Trichordist

NOVEMBER 29, 2021

Professor Kevin Casini writes an informative comment to the Copyright Royalty Board on the harms of frozen mechanicals.

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Managing IP

NOVEMBER 29, 2021

Counsel at Ericsson and four other companies say NDA quibbles, antitrust suits and collective holdout have all become more common

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IP Law 360

NOVEMBER 29, 2021

Athletic apparel maker Lululemon on Monday accused Peloton in California federal court of selling leggings and sports bras that infringe its patented designs, suing just days after the exercise equipment company filed its own suit in New York asking for a finding that it hadn't infringed any of Lululemon's patents.

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JD Supra Law

NOVEMBER 29, 2021

Anthony Jones is an enrolled member of the Port Gamble S’Klallam Tribe of Washington and an intellectual property attorney. An associate at Perkins Coie, his practice focuses on patent matters, including prosecution & portfolio counseling, involving complex technologies such as telecommunications, artificial intelligence, machine learning, cryptocurrency & blockchain, and software-based technologies.

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Likelihood of Confusion

NOVEMBER 29, 2021

This was originally published on January 22, 2009: Working from home today after a bruising few weeks at work (see yesterday’s post!), I finally figured out what was going on. The post Best of 2009: “Adverference?” appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

NOVEMBER 29, 2021

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also be taken to ensure all other details contained within the trademark application are correct, including confirming the true identity of the applicant and that it is the actual owner of the mark.

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JIPEL Copyright Blog

NOVEMBER 29, 2021

Britney Spears has long been a household name, reaching superstardom in the early 2000s in ways that few others had at the time. Today, she remains one of the biggest Hollywood celebrities, but the spotlight is less on her music and more on an ongoing legal battle. In 2008, Britney reportedly experienced mental health struggles , leading to a rather unusual solution: her father taking over control of her person and finances via a legal mechanism called a ‘conservatorship’.

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JD Supra Law

NOVEMBER 29, 2021

In Mobility Workx, LLC v. Unified Patents, LLC, (Fed. Cir. 2021), the Federal Circuit Court of Appeals addressed challenges to the constitutionality of the structure of the Patent and Trademark Office’s Patent Trial and Appeal Board.

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Velocity of Content

NOVEMBER 29, 2021

To see into the future of media, exit Interstate 81 in Syracuse, New York, and head to the S. I. Newhouse School of Public Communications at Syracuse University. On campus, the Newhouse School building, from a certain angle, resembles a computer screen and hard drive. That impression can’t be any accident. Inside, Newhouse students learn their professions deep in cyberspace.

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JD Supra Law

NOVEMBER 29, 2021

Rights and Challenges Is owning a patent enough? Even with the rights granted to an individual to protect their patents, the infringement process allows a defendant tools to counter and invalidate the patent owner’s claims.

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IAM Magazine

NOVEMBER 29, 2021

Taiwan’s UMC will pay an undisclosed sum to end a long, complex and remarkably successful IP enforcement campaign by the Idaho semiconductor firm.

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JD Supra Law

NOVEMBER 29, 2021

November 11 is Veteran’s Day and a chance to thank all veterans for their service. Because of their willingness to defend us, we enjoy the freedom to live largely as we choose to and to pursue our interests.

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Managing IP

NOVEMBER 29, 2021

Brett Alten at HPE tells Managing IP about recruiting companies to join the low-carbon patent pledge and what he wants from outside counsel

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JD Supra Law

NOVEMBER 29, 2021

In Galperdi, Inc., v. Galperti S.R.L., [2021-1011] (November 12, 2021), the Federal Circuit vacated and remanded the TTAB’s finding no falsity of Galperti S.R.L.’s exclusive use from 2002 to 2007, finding that the Board committed two legal errors: requiring Galperti Inc. to establish its own proprietary rights to the mark and disregarding third party use of the mark.

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