Thu.Jun 24, 2021

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Standard character vs design mark trademark applications

Erik K Pelton

One of the key choices at the start of a trademark application process for many is whether to protect a name alone (standard character) or a logo (design mark). Below are some of the key differences to consider when making that choice. For more, see my video Protecting Words vs. Logos when applying for trademark registration. The post Standard character vs design mark trademark applications appeared first on Erik M Pelton & Associates, PLLC.

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“This Bill Reminds Me of the Maginot Line”: The Bill C-10 Debate Arrives at the Senate

Michael Geist

The House of Commons may have adjourned for the summer (and likely longer given speculation about an election call), but the Senate plans to keep meeting until next week as it seeks to wrap up several bills, most notably the government’s budget bill. The ongoing Senate work also means that Bill C-10 is back. The bill received first reading on Tuesday, which meant that it was merely tabled in the Senate.

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GI protection revives caper production on Pantelleria

WIPO Magazine

Gabriele Lasagni, CEO of Bonomi&Giglio, a leading producer of capers on the island of Pantelleria in Italy explains how GI protection has supported caper production on the island and enabled his company to thrive as well as his plans for the future.

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Event reminder - next week's rapid response panel discussion on CJEU's YouTube/Cyando ruling

The IPKat

As reported by The IPKat, earlier this week the Court of Justice of the European Union (CJEU) issued its keenly and long-awaited ruling in YouTube , C-682/18 and Cyando , C-683/18. As announced several weeks ago, on Thursday, 1 July, The IPKat will be joining forces with the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University and the British Literary and Artistic Copyright Association (BLACA) and organising a rapid response panel discussion on the content and implic

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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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Court Tosses “Stuttering John” Lawsuit Based on Copyright Preemption

Copyright Lately

The judge rejects a claim that SiriusXM violated the right of publicity by broadcasting old Howard Stern shows featuring “Stuttering John” Melendez’s name, voice and likeness. Quick but important update on a case I first wrote about last December involving “Stuttering John” Melendez , a former Howard Stern show staffer whose schtick consisted of asking ridiculous “gotcha” questions during interviews with celebrities and politicians.

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Key IP considerations for smaller enterprises

WIPO Magazine

An overview of ways smaller businesses can draw on IP rights to protect and manage their IP assets and some of the complex issues that can arise.

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How startups and SMEs should think about IP: an investor's perspective

WIPO Magazine

Jag Singh, Managing Director, Techstars, Berlin, offers an investor’s perspective on why it is important for startups and SMEs think about IP at the earliest opportunity.

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New frontier: WIPO AI chief explores impact of breakthrough tech

Managing IP

Ulrike Till, director of the IP and frontiers technologies division, shares what she has learned from listening to WIPO’s conversation on AI and IP

IP 98
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Global publishing post-COVID: an interview with Bodour Al Qasimi

WIPO Magazine

President of the International Publishers’ Association, Sheika Bodour bint Sultan Al Qasimi discusses the challenges confronting publishers in the post-COVID era.

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Copyright case: Brown v. Netflix Inc., USA

Kluwer Copyright Blog

An eight-second piece of the song “Fish Sticks n’ Tater Tots” was transformative and reasonably related to the documentary’s purpose of commenting on the resurgence of burlesque dancing. A documentary film’s incorporation of an eight-second excerpt of the children’s song “Fish Sticks n’ Tater Tots” was a noninfringing fair use, the U.S.

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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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Julius K9®: harnessing innovation to meet dog lovers’ needs

WIPO Magazine

Gyula Seb? founder and CEO of Julius K-9®, a leading canine accessories brand, who has dedicated his professional life to pet welfare innovations, explains why it is so important for companies like his to have a carefully crafted IP strategy in place from day one.

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What Oppo's integration with OnePlus means for IP and licensing within the group

IAM Magazine

Consolidation of brands under the BBK Electronics banner creates a player with a different patent risk profile.

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When video games meet IP law

WIPO Magazine

For years, video games development has been one of the fastest growing sectors of the entertainment industry, Anna Piechówka, IP Counsel at industry leader, CD PROJEKT RED, takes a closer look at some of the specific challenges that this complex medium presents for IP protection.

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What to Know about the Supreme Court’s Arthrex Decision

Fish & Richardson Trademark & Copyright Thoughts

On Monday, the Supreme Court issued its decision in three related appeals popularly called Arthrex. We previously published an alert with a summary of the different opinions in that decision. This alert focuses more on practical considerations and tips that may arise because of the Arthrex decision. Overview. In Arthrex , the Court found that Administrative Patent Judges (APJs) and the Patent and Trademark Office (PTO) were issuing decisions, such as in inter partes reviews (IPRs), that adjudica

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Empowering SMEs to leverage IP for innovation

WIPO Magazine

A closer look at how companies can use IP for economic success and social impact and some of the on-going challenges they face in managing their IP assets.

IP 80
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Is a Service Organization right for your Company?

Stock Legal Blog

Dental Service Organizations (DSOs) continue to gain popularity in the US. Stock Legal has been working in the DSO space since the inception of the firm, and we’ve shared some information and advice with you about building a DSO here.

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Opportunities to finance innovation with IP*

WIPO Magazine

Alfred Radauer, IMC University of Applied discusses some of the opportunities and challenges associated with securing IP-backed finance for innovation

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Craig O’Brien on Behind the Headlines

Nelligan Law

Reading Time: < 1 minute In the latest episode of the Ottawa Business Journal ‘s Behind The Headlines podcast, Craig O’Brien explains how rent negotiations can help both commercial tenants and landlords stay afloat amidst challenging economic times brought on by COVID-19: The post Craig O’Brien on Behind the Headlines appeared first on Nelligan Law.

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Webinar Recap! How and Why Texas is Different When it Comes to Trade Secrets and Non-Competes

Trading Secrets

In the fourth installment of our 2021 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green outlined recent legal developments in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. The webinar also covered how these latest developments impact counseling, litigation, and deals involving companies with employees based in Texas.

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Craig O’Brien on Behind the Headlines

Nelligan Law

In the latest episode of the Ottawa Business Journal‘s Behind The Headlines podcast, Craig O’Brien explains how rent negotiations can help both commercial tenants and landlords stay afloat amidst challenging economic times brought on by COVID-19: The post Craig O’Brien on Behind the Headlines appeared first on Nelligan Law.

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TTAB Affirms Refusal to Register Canned Fish Packaging on the Supplemental Register: Functional and Generic

The TTABlog

Applicant Interpage's quixotic attempt to register, on the Supplemental Register, the packaging design shown below for canned fish, ran into a TTABrick wall. The Board agreed with Examining Attorney Christopher M. Nunley that the design is de jure functional and generic. "Granting Applicant exclusive rights to the proposed packaging configuration design would prevent its competitors from continuing to offer their canned or tinned fish with the see-through top feature.

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Supreme Court snub confirms Amarin’s patent disaster

IAM Magazine

The commercial damage resulting from the invalidation of the company’s Vascepa grants is a stark reminder of the dangers of taking biopharma IP disputes to trial.

Patent 52
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Arthrex could make 'political animal' of USPTO head say in-house

Managing IP

SCOTUS's preservation of the PTAB came as a relief to many counsel, but its fix has raised concerns about political lobbying and the procedure for final review

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Legislation to give the ITC more power in trade secrets cases raises many questions

IAM Magazine

The opportunity to shut out competitors after a 30-day investigation would be a powerful tool for businesses, but potentially a very dangerous one too.

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Albright and counsel say WDTX standing orders ‘bolster fairness'

Managing IP

Attorneys explain how new standing orders on motions to transfer from the Western District of Texas could help move cases along

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Damages track upward in US trade secret litigation

IAM Magazine

But despite a growing emphasis on the topic and a move toward more remote working, overall caseload has been flat.

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How to overcome antimicrobial resistance IP challenges

Managing IP

Biotech companies explain what they need besides patents to help them invest in antimicrobial resistance research

IP 52
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Article III Jurisdiction: No Leg to Stand on in Patent Litigation

GDB Firm Blog

An important issue in any litigation is "standing" — the right of a party to bring a suit in court.

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Procedure for Getting a Trademark in China

IP and Legal Filings

With China emerging as a global tech giant in the world, it has become a favorite destination for the inventor to seek protection for their invention. At the latest EPO Index 2020, all countries show a small dip in the patent filing activity, China taking up the 4 th spot has shown an increase in the filing for the said year in 2020 amid pandemic. These increases in the filing show the influx of major companies and foreign brands in China and the growing influence in the region.