Mon.Jul 26, 2021

article thumbnail

The American Music Fairness Act (AMFA): The Canadian Dimension

Hugh Stephens Blog

Last week I posted a blog on the American Music Fairness Act (AMFA), draft US legislation that seeks to end the exemption that US terrestrial broadcasters enjoy with respect to payment of broadcast royalties to performers and labels for playing recorded music.

Music 246
article thumbnail

Three Mistakes That Can Ruin Any Trademark Application

Erik K Pelton

The following is a transcript of my video Three Mistakes That Can Sink Any Trademark Application. I’ve working with thousands of trademark applications that I have filed clients and, before that, as an examiner at the USPTO. In addition, I spent quite a bit of time just researching and looking at trademark applications of other filers all the time.

Trademark 182
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

3 Count: Billions Dismissal

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Case Over ‘Billions’ Gets 2nd Circuit Flush. First off today, Josh Russell at Courthouse News Service reports that the Second Circuit Court of Appeals has upheld a lower court dismissal of a lawsuit against Showtime over the show Billions. The lawsuit was filed by Denise Shull, who alleged that the character Wendy Rhoades was based on her and her work.

Licensing 246
article thumbnail

A Summary of the Copyright Claims Board (CCB) [Excerpt from my Internet Law casebook]

Technology & Marketing Law Blog

[The 2021 edition of my Internet Law casebook is coming soon. This excerpt is a new note on the CCB. TL;DR: I’m not a fan.]. Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims Board (CCB). The CCB will be dominated by claims over alleged online infringement, so it’s a major development for online copyright law.

Copyright 140
article thumbnail

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?

article thumbnail

Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB

SpicyIP

image from here. One may recall the scene in Macbeth where he encounters the ghost of his former friend Banquo and exclaims in disbelief. I am sure many would have exclaimed with similar sentiment after reading the suggestions of the recent Parliamentary Standing Committee Report on Review of IPR regime in India, which suggests re-institution of IPAB.

IP 116
article thumbnail

Thinking Outside the Box: Last Call for Input Regarding DoD's Evaluation and Valuation of IP

JD Supra Law

Late last year in the Holland & Knight blog post, "DOD's New IP Rules May Impact Contractors' Rights in Computer Software and Technical Data," the firm reported on new intellectual property (IP) rules proposed by the U.S. Department of Defense (DoD) affecting the valuation and evaluation of IP rights in Government solicitations and contracts. Now,….

IP 107

More Trending

article thumbnail

In the News: Secretary Raimondo Announces Historic Investment in America’s Communities

U.S. Department of Commerce

In the News: Secretary Raimondo Announces Historic Investment in America’s Communities. July 26, 2021. KCPullen@doc.gov. Mon, 07/26/2021 - 12:27. Investing in communities and workers. Secretary of Commerce Gina M. Raimondo Announces $3 billion in funding the Department of Commerce’s Economic Development Administration received from President Biden’s American Rescue Plan. .

article thumbnail

Carswell’s Intellectual Property Journal welcomes new Student Editorial team for 2021-2022

IPilogue

Top Row: Madelaine Lynch, Richard Du, Androu Waheeb Bottom Row: Nikita Munjal, Sarah Raja, Tiffany Wang. IP Osgoode is pleased to announce the new team of student editors for the Intellectual Property Journal (IPJ). Returning this year are Madelaine Lynch and Nikita Munjal. New student editors are Richard Du, Sarah Raja, Androu Waheeb, and Tiffany Wang.

article thumbnail

Registrar Suspends Domain of Popular Torrent Site YTS (Update)

TorrentFreak

With millions of visitors, YTS is one of the most-visited torrent sites on the Internet, even rivaling the legendary Pirate Bay. The site ‘unofficially’ took over the YTS brand when the original group threw in the towel in 2015. Since then it has amassed a rather impressive user base. Legal Troubles. This meteoric rise hasn’t been without issues.

article thumbnail

USPTO Petition Process: Who Should Pay for the Burden of Inordinate Delays and ‘Mistakes’?

IP Watchdog

In our last article, Part VI, we reported significant Technology Center (TC)-to-TC variation at the U.S. Patent and Trademark Office (USPTO) in pendency and grant rates for petitions pertaining to premature final Office actions. The USPTO Petition Timeline shows these types of petitions are currently decided in an average of 178 days with a 42% grant rate.

article thumbnail

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.

article thumbnail

Broadcaster Offers Pirates ‘Free’ Legal TV Box in Exchange For Giving Up Illegal Streams

TorrentFreak

On July 6, a new Copyright Bill was tabled in the Singapore Parliament. There are many amendments under consideration that are designed to protect creators and distributors of all kinds. For example, there are proposals to ensure that creators of works are recognized as the first owners of that content, even when that work is commissioned by a third party.

Copyright 100
article thumbnail

This Week in Washington IP: Energizing Technology Transfer, Case Studies in International Offshore Wind Innovation and Celebrating 75 Years of the Lanham Act

IP Watchdog

This week in Washington IP news, the Senate Judiciary Committee will consider a series of bills that could limit pharmaceutical patent owners’ ability to enforce their patents against generic drug makers. Over in the House of Representatives, the House Science Committee will mark up a series of bills to support research and development as well as technology transfer and commercialization, while the House Europe Subcommittee will explore international case studies in offshore wind renewable energ

article thumbnail

Federal Court of Appeal confirms Janssen’s SPRAVATO not eligible for data protection

JD Supra Law

As previously reported, Zinn J. of the Federal Court had dismissed Janssen’s application for judicial review of a decision by the Minister of Health (Minister) denying Janssen data protection for SPRAVATO, a drug indicated for the treatment of major depressive disorder. The Minister, relying on Takeda Canada Inc v Canada (Minister of Health), 2013 FCA 13 (Takeda), found that SPRAVATO is not an “innovative drug” eligible for such protection as its medicinal ingredient esketamine hydrochloride is.

article thumbnail

USPTO Implementation of Arthrex: Questions from Administrative Law, Part II—the Bigger Picture for Reform

IP Watchdog

In Part I, we looked at two of the legal principles that govern Arthrex Director review: Director review must be implemented by notice-and-comment “regulation,” not website, and the Administrative Procedure Act (APA) requires that the Director’s decision demonstrate “reasoned decisionmaking.” Today, we’ll look at a few more legal obligations that confine the U.S.

Law 98
article thumbnail

Meet Abby Durlester! The Newest Member of Stock Legal

Stock Legal Blog

Hi from the downright majestic Stock Legal conference room! I’m a third generation Saint Louisan, and it is neat to be working in one of the historic CWE buildings at which I grew up marveling. I’ve spent my first days in the office getting to know the remainder of Team Stock Legal, and I am excited about practicing alongside such good people – thank you for being so welcoming!

98
article thumbnail

Which Time Zone Controls The Timeliness Of Discovery Requests At The TTAB?

JD Supra Law

In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of service of such discovery requests, regardless of the geographic location of the serving party. While not a particularly exciting legal issue, it is no doubt one having ramifications for all TTAB practitioners.

98
article thumbnail

The Briefing – Space Erotica Flick Not Infringed by Black Mirror

The IP Law Blog

This week on The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film “ Strange Frame: Love and Sax.”. View the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast, available on Apple/Spotify/Stitcher/Google platforms or online here.

article thumbnail

How to Improve an Invention with IP.com

IP.com

New ideas—even really good ones—aren’t ready for a patent application and spot on store shelves right out of the gate. The most successful ideas aren’t actually very new at all. The post How to Improve an Invention with IP.com appeared first on IP.com - IP Innovation and Analytics.

article thumbnail

The Law Bytes Podcast, Episode 96: More Harm Than Good – My Appearance Before the Senate Transport Committee on a Copyright Bill to Support Media Organizations

Michael Geist

Bill S-225 , Senator Claude Carignan’s copyright bill, would create a new compensation scheme for media organizations by establishing a new collective rights system for the use of news articles on digital platforms. It may not become law, but it has sparked considerable discussion within the Senate on the issue of media and Internet platforms.

article thumbnail

Trade Secrets Pre Patenting

Patently-O

by Dennis Crouch. Although trade secrets are independently important, they are play a key temporal role in the patenting process. The touchstone of invention is when the inventors have a full mental conception of the invention, including how to make and use the invention. But, there is typically a months-long process of moving from conception to a filed patent application.

Patent 99
article thumbnail

Is This the WTO Waiver End Game?

JD Supra Law

Pfizer and BioNTech Agree to Vaccine Technology Transfer with South Africa's Biovac Institute - As reported by Reuters* on Wednesday (see "South African firm to help make Pfizer/BioNTech COVID vaccine"), Pfizer and BioNTech, manufacturers and developers of an mRNA-based vaccine against SARS-CoV-2, have agreed to help the South African drug maker Biovac Institute produce about 100 million doses per year of its vaccine, specifically to be targeted to African nations.

article thumbnail

Medicines Directive interpreted by the CJEU in an interesting new ruling C-178/20

The IPKat

Marketing authorisations (MA) and their legal status have become increasingly interesting for anyone working in the medicinal products area. The recent CJEU ruling on July 8 th in the case C-178/20 Pharma Expressz (find here ), is especially so. There, the CJEU brings further clarification to the provisions of the Medicines Directive 2001/83/EC (find here ) in the context of MA.

article thumbnail

Frozen Mechanicals Crisis: @DavidPoeMusic’s Comment to the Copyright Royalty Board

The Trichordist

Songwriter David Poe is among the first of the songwriters opposing the NMPA and NSAI frozen mechanicals effort at the Copyright Royalty Board.

article thumbnail

Is ‘MOCCA’ in class 30 generic in China?

The IPKat

What does the term ‘MOCCA’ evoke in your mind, a kind of coffee or a specific brand? This Kat randomly asked this question to her friends currently at the Max Planck Institute for Innovation and Competition Munich. Most of them regarded ‘MOCCA’ as a kind of coffee instead of a specific brand except one Italian colleague who also saw ‘MOCCA (almost phonetically identical to ‘Moka’)’ as referring to the Moka Pot (Italian wiki page for that here ).

article thumbnail

[Audio] Startup CEO Who Coded His Way Out: Rainway’s Andrew Sampson

JD Supra Law

Rainway CEO Andrew Sampson doesn't have a conventional path. He's been underestimated throughout his life, has experienced overt racism, been told no more times than he can count, and his doubters continue to believe that he can't. And yet, he's been through Techstars, grown his team to 15+, successfully achieved funding and built Rainway to revenues over $10M.

66
article thumbnail

IPOPHL and INTA Signs MOU to Combat Counterfeiting

IP and Legal Filings

The Intellectual Property Office of the Philippines (IPOPHL) and the International Trademark Association (INTA) have signed a memorandum of understanding for combating counterfeiting. This combating will be done by working on enhancing the skills and knowledge of youth and people associated with various companies, national authorities, etc. The MOU was signed in the presence of IPOPHL Director General Rowel S.

article thumbnail

Judge Albright and Transfers of Patent Cases

JD Supra Law

Judge Alan Albright, one of the most active patent jurists, recently amended his standing orders to clarify inter-district transfers and venue discovery, adding predictability for parties that litigate in the Western District of Texas.

Patent 63
article thumbnail

MOU with the Neotia University

Biswajit Sarkar Copyright Blog

Yesterday (22nd July 2021), Biswajit Sarkar IP Attorneys successfully concluded the Memorandum of Understanding (MOU) between itself and the renowned Neotia University to create an IPR cell within the university. The MOU is proposed to: · Foster development in the field of science and technological innovation. Indeed, this will be an opportunity for The Neotia students to be at the forefront of technology as it develops by putting into practice the information received in their classrooms. · Hos

article thumbnail

University Denies Piracy Accusations

BYU Copyright Blog

We previously reported on a lawsuit between a software company and a university. Earlier this year, Synopsys filed a lawsuit alleging that the University of Rhode Island ("URI") engaged in piracy and violations of the Digital Millennium Copyright Act by having more than 135,000 uses of counterfeit license keys on its computer network. Since we first reported, URI has filed its Answer.

article thumbnail

MOU with the Neotia University

Biswajit Sarkar Copyright Blog

Yesterday (22nd July 2021), Biswajit Sarkar IP Attorneys successfully concluded the Memorandum of Understanding (MOU) between itself and the renowned Neotia University to create an IPR cell within the university. The MOU is proposed to: · Foster development in the field of science and technological innovation. Indeed, this will be an opportunity for The Neotia students to be at the forefront of technology as it develops by putting into practice the information received in their classrooms. · Hos

article thumbnail

Cyberpunk 2077 – A Good Lesson in Copyright vs. Trademark

LexBlog IP

Cyberpunk 2077 is the 20202021 equivalent of Duke Nukem Forever: Protracted development timeline, multiple delays, and upon eventual release – mixed reviews. Although Cyberpunk certainly faired much better than Nukem did from a gameplay and critical reception standpoint – the legal fallout experienced by CD Projekt (developer of Cyberpunk) has been decidedly much worse.

article thumbnail

The target keeps moving on keyword advertising

Likelihood of Confusion

Searchengineland: Eric Goldman reports that a US District Judge in Florida ordered an advertiser using a trademark term to use the negative keyword option, to ensure that they would no. The post The target keeps moving on keyword advertising appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

The Briefing – Space Erotica Flick Not Infringed by Black Mirror

LexBlog IP

This week on The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film “ Strange Frame: Love and Sax.” View the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast, available on Apple/Spotify/Stitcher/Google platforms or online here.

article thumbnail

Sky v SkyKick: Sky gets its kicks as UK Court of Appeal finds broad trade mark specifications are not grounds for invalidity

JD Supra Law

The UK Court of Appeal has today given judgment in the long-running trade mark dispute between Sky and SkyKick, in one of the most important and keenly awaited trade mark decisions of the last few years. The Court of Appeal found in Sky’s favour, reversing the previous decision that part of Sky’s trade marks were invalid on grounds of bad faith, on the basis that the specifications were too broad.

52
article thumbnail

D.C. Budget Bill Includes April 1, 2022 Applicability Date for Non-Compete Ban

LexBlog IP

The District of Columbia passed one of the nation’s most stringent regulations on covenants not to compete earlier this year. Except in very limited circumstances, the law states employers may not require or request employees sign an agreement that includes a non-compete provision, and employers cannot have a workplace policy that prohibits an employee from “(1) [b]eing employed by another person; (2) [p]erforming work or providing services for pay for another person; or (3) [o]perat

Law 52