March, 2021

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TPAC slides from meeting March 12, 2021

Erik K Pelton

TPAC met last Friday. I was waiting for the USPTO to post the full slide deck, but that hasn’t happened yet and I wanted to share these very important data points and slides. See some of the most important slides that I captured below. TLDR: All of the following are rising considerably : Applications, revenues, examination pendency, USPTO employment, scams and bad faith actors.

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How to Use Song Lyrics in Your Fiction [INFOGRAPHIC]

Creative Law Center

To use song lyrics in your fiction, you need to: (1) Use a song in the public domain; (2) Get permission; (3) Establish fair use ; or (4) Not do it. The post How to Use Song Lyrics in Your Fiction [INFOGRAPHIC] appeared first on Creative Law Center.

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Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware

Intellectual Property Law Blog

December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Following the abrogation of Form 18, patent infringement claims must satisfy the plausibility standard articulated in Bell Atlantic Corp. v. Twombly , 550 U.S. 544 (2007) and Ashcroft v.

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App icons are the new trademarks: ten conditions for strong designs and protection

WIPO Magazine

Smartphones have revolutionized the interaction between consumers and brands. Zeeger Vink, IP Director at MF Brands Group (Lacoste) offers tips on what companies need to do to optimize app design and protection.

Designs 122
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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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How to Develop a Buzzworthy Artist Branding Strategy

Art Law Journal

Apart from talent, artists require a certain level of “buzz” in order to progress to new levels of recognition in their art careers. The post How to Develop a Buzzworthy Artist Branding Strategy appeared first on Art Business Journal.

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Can I Make Money Through Copyright Licensing?

CopyrightsWorld

The short answer to that question is “yes”. Firstly, let’s define what “licensed revenue” is: money earned through the licensed use of intellectual property that has a copyright attached to it. More specifically, it is intellectual property that is permitted to be used by another company for profit by the copyright holder. So, for instance, say one of your photographs is chosen for use by a travel agency for one of their campaigns.

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Infographic | Anticounterfeiting and Antipiracy in a digital era in Colombia

Olartemoure Blog

If you need brand protection in Colombia, this information might be useful: Colombian Customs’ Authorities issue alerts by email. Ask your attorney to include your email address as a reference for authorities, so you receive the same alerts your attorney gets. Training sessions in Colombia are still necessary. This way authorities will remember your trademark and provide a way for you to clearly show what your company is doing and what your main products are.

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Protecting IP and Limiting Liability When Licensing IP for Digital Art and NFTs

Intellectual Property Law Blog

Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art. This boom is creating great opportunities for IP owners who want to license their IP for use in NFTs.

Art 100
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Energysquare makes wireless recharging a reality

WIPO Magazine

Ever wished someone would reinvent the way we charge our mobile devices? Well, that's what Energysquare, a young French startup has done. Find out more about their cool wireless charging technology and how they are building a business around their IP.

IP 98
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HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

By: Baylee Carter. INTRODUCTION. Today, people are watching Netflix more than ever, and Netflix is churning out seemingly endless content. With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

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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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Everyday IP: The history and evolution of books

IP Blog

Books have been a cornerstone of education and entertainment for centuries, and are still a key medium for the exploration and sharing of ideas. Therefore, it is no surprise that they occupy a special place in the sphere of Intellectual Property (IP) and the historical development of IP rights.

IP 98
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Differences between TEAS Plus and TEAS Standard trademark filings with USPTO

Erik K Pelton

There are numerous and significant differences between the two USPTO TEAS trademark application forms. One question that comes up a lot when people go to file a trademark application at the USPTO (US Patent and Trademark Office) is TEAS PLUS versus TEAS STANDARD application forms. A TEAS Plus application has a lower filing fee, currently $250 per class.

Trademark 130
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DON’T PANIC: What to Do When Someone Steals Your Work

CopyrightsWorld

Not panicking is easier said than done, especially when it comes to something you have poured your heart into, perhaps even spent years creating. Nevertheless, reacting too quickly, without enough prep-work, and, potentially, without expert advice, can cause more harm than good. It may even land you, the wronged party, in hot water. Luckily, you are one of many creators today who have to work to protect their work against potential copyright infringement, be it accidental, or very much deliberat

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NFTs and Intellectual Property: What IP Owners and NFT Creators Need to Know

Intellectual Property Law Blog

Everything is being tokenized these days, including art, games, collectibles and much more. The record prices being fetched have created an NFT frenzy. This distribution model has created a new channel for monetization of creative IP. Given some of the unique aspects of NFTs, IP owners need to rethink their IP protection and licensing strategies. IP protection strategies should include specific protection relating to NFTs.

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Secrecy: the IP right most often used by SMEs

WIPO Magazine

Trade secrets are a common and practical way for business to maintain a competitive advantage. Recent improvements in trade secret laws around the world have created more opportunities for SMEs to increase enterprise value and prevent loss of data assets by using them. Find out more.

IP 98
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Build an Art Collection that Supports Emerging Artists

Art Law Journal

Whether or not an artist’s work is selling or being shown extensively shouldn’t be the only factor considered when building an art collection. The post Build an Art Collection that Supports Emerging Artists appeared first on Art Business Journal.

Art 98
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A Tale of Two Gorillas: An Underdog (Under-Ape?) Story

Trademark and Copyright Law Blog

March 8 was, according to questionable sources , National Retro Video Game Day in the US. As one of Foley Hoag’s several resident video game nerds, this reminded me of one of my favorite video-game-related IP disputes. In the 1970s, a nearly century-old Japanese playing card company called Nintendo started to branch out into electronic gaming, and in 1979 started a coin-operated arcade gaming division.

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Rome Wasn’t Built in a Day and Neither is Trademark Protection

Erik K Pelton

The following is an edited transcript of my video, Rome Wasn’t Built in a Day and Neither is Trademark Protection. A few years back, I had an incredible opportunity to spend a week in Rome with my family and friends. It was a spectacular trip for many reasons – of course, the food, the culture, but also the history and the architecture are unbelievable.

Trademark 130
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How to protect your Logo: Copyright or Trademark?

CopyrightsWorld

Since you are reading this article you’re most likely either a designer working on brand identity and logos, or a business owner. Here is what you should know getting started: A logo can be protected by both copyright and trademark, depending on how it is used. A logo copyright protects a creative design or an expression of an idea, while a logo trademark protects things that identify a business on the marketplace.

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“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite

Intellectual Property Law Blog

On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. v. Oki Data Americas, Inc. , No. 20-1189 (Fed. Cir. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention.

Patent 100
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Managing intellectual property rights in innovation: the key to reaching the market

WIPO Magazine

The European Union Intellectual Property Office (EUIPO) offers insights from its recent studies which shows the SMEs that own IP rights have a 68 percent higher revenue per employee than those that do not own any IP rights.

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What are the four types of Intellectual Property and how do you protect them?

IP Blog

Asking and answering the question, "What are the four types of Intellectual Property?" in a comprehensive manner will ultimately lead you to the best practices for keeping your intangibles under lock and key.

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8 Reasons Why You’re Not Successful Selling Artwork

Art Law Journal

Whether or not you manage to sell your artwork is driven not by the product, but what you do with the product. Here are some of the most crucial factors. The post 8 Reasons Why You’re Not Successful Selling Artwork appeared first on Art Business Journal.

Artwork 97
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Is your brand seaworthy?

Erik K Pelton

A ship needs several key elements to be seaworthy and withstand the risks and battering of being out at sea. On a recent trip to the Atlantic Ocean, I was struck by this metaphor – a brand also needs several key features to be “seaworthy” and withstand the uncertainties and dangers that lie ahead. Proper use over time propels the brand, like the sails of a boat.

Branding 130
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Pharma Trademark Activity — A Look Back at Class 5 in 2020

Corsearch

Did you know that in 2020, over 46,000 trademark applications were filed in Class 5 (Pharmaceuticals and Medical Supplies) in the USPTO and the EUIPO?

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Blockchain Patentability Through The Lens Of A Recent PTAB Decision

Intellectual Property Law Blog

Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. In patent examination, the first type, because it recites underlying technology improvement, rarely elicits subject matter rejections.

Patent 100
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IP protection: building value and growth for small businesses

WIPO Magazine

Julian Crump, President of the International Federation of Intellectual Property Attorneys (FICPI), discusses how IP protection can benefit smaller businesses.

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Pakistan joins the Madrid System: facts and key takeaways

IP Blog

The decision of the Pakistani government to accede to the international trademark registration framework administered by the World Intellectual Property Organization (WIPO) could have a notable positive impact on Intellectual Property (IP) protection in South Asia and help galvanize trade in the region.

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SPIN Trademark Has Peloton Wrapped Around the Axel

The IP Law Blog

While Shakespeare may have wondered “what is in a name?”, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. Mad Dogg Athletics, located in Venice, CA, is the owner of the trademarks SPIN and SPINNING.

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Our Pro Bono Achievements

Erik K Pelton

At Erik M Pelton & Associates, PLLC , we are very proud of our achievements for pro bono work. We strive to give back to the community in many ways, and pro bono services are one such way. The post Our Pro Bono Achievements appeared first on Erik M Pelton & Associates, PLLC.

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Who Owns the Copyright in Your Tattoo Art?

Art Law Journal

Nicole Martinez. You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them. But copyright laws come into play in various ways when tattooing new work – whether you’re the artist whose designs are being inked, the tattoo artists drawing your own work, or an artist […].

Art 77
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TIME TO CUT THE MUSIC?: TWITCH’S UNFAIR SOLUTION TO AN INEVITABLE DIGITAL MILLENIUM COPYRIGHT ACT PROBLEM

JIPL Online

By: Marcus McGinnis. Introduction. In this blog post, I will explain how Twitch found itself in its current DMCA predicament, why its current proposed solution of mass backlog deletion is unsustainable, and why the platform should follow the approach of rival platforms and proactively utilize its vast resources to negotiate a more equitable, private contract solution with music license holders.

Music 76
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CDK: driving sustainable fashion in Bhutan

WIPO Magazine

CDK is an emerging fashion line that gives a modern twist to traditional Bhutanese design. The company's owner, Chandrika Tamang, shares her aspirations for fashion to go green, at least in Bhutan, and the challenges she faces as a small entrepreneur.

Designs 85
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What every Freelance Writer & Copywriter Needs to Know about Copyright

CopyrightsWorld

Our working environment has changed a lot over the last few years and drastically over the last one. The digital economy is flourishing and shifting the way we work forever. It’s not new that along with the digital revolution we see professions and disciplines being born and other rising generating job and income opportunities. Which ones? Well if you are reading this article you already know one of the most prominent ones.

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The rise in remote working and how DIAMS iQ can help

IP Blog

English. Français. Just as for so many people, the COVID-19 pandemic has forced Intellectual Property (IP) professionals to change the way they work. Remote working has become the norm as lockdowns have forced the closure of offices, factories and university campuses. This has been accompanied by greater investment and reliance on digital and automation tools to facilitate work processes and ensure business continuity.