February, 2021

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Which trademark or copyright symbol do I use?

Erik K Pelton

One of the most common questions I get is about which symbol to use. Here is a handy cheat sheet I made: ® – a.k.a “circle-R” – Registered trademark with the USPTO. TM – Unregistered mark, used with products and tangle items. SM – Unregistered service mark, used with services. © – Beginning of copyright notice (along with year of creating and author — see lower right corned of the above graphic for example); not necessarily registered with the Libr

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How to Successfully Obtain Blockchain Patents

Intellectual Property Law Blog

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts. This trend strongly suggests that the number of blockchain-related patents will surge in the next couple of years. However, due to recent changes in patent law, it is more important than ever to ensure that you analyze the patentability of blockchain inventions in light

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THE CONSUMER IS ALWAYS RIGHT: BOOKING-DOT-WHAT, BOOKING-DOT-TRADEMARKED

JIPL Online

By: Mickey Tomlinson. If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services.

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How to protect your photos from unauthorized use online

CopyrightsWorld

For photographers and image creators, digital photos’ infringement is a cruel reality. Based on statistics , 2.5 billion photos were stolen daily in 2019. Copyright infringement of digital photos differs in important ways from infringement in the markets of music and movies. Opportunities for photo infringement are numerous as an infringer need not actively log into a peer-to-peer file-sharing network to infringe; one need only right-click an image found via an online search.

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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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Is Commercial Agency Litigation in Colombia over?

Olartemoure Blog

Commercial agency contracts’ regulation in Colombia remains a challenge for both attorneys and clients. Colombian Commercial Code defines Commercial Agency as a contract by means of which an independent merchant takes on a mandate to exploit commercially or promote another’s merchant business in a particular branch, with stability, in a prefixed zone of the country’s territory, as representative or agent of a national or foreign manufacturer or distributor of one or more of its products.

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Essential Tips for UX Designer Portfolios

Art Law Journal

In our increasingly digital world, UX designers are some of the most sought-after creative talents out there. Here are some tips for UX portfolios. The post Essential Tips for UX Designer Portfolios appeared first on Art Business Journal.

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Class Action Filed Against Total Life Changes, LLC.

Traverse Legal Blog

TRAVERSE LEGAL, PLC, and KRONENBERGER ROSENFELD, LLP have filed a class action complaint against Total Life Changes, LLC in the Federal District Court for the Eastern District of Michigan. Class Action Complaint Against Total Life Changes. This consumer class action concerns deceptive and unfair business practices by Total Life Changes in the advertisement and sale of its raspberry-flavored Iaso® Instant Tea (its “Raspberry Tea”).

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Pleading Fraud? Don't Forget Some Basic Rules

GDB Firm Blog

In a world filled with lies, deception and misleading claims, it is easy to feel that you have been "defrauded." However, in the world of construction contracts, it is not so easy to establish fraud, as a recent appellate decision reminds us.

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How to use a takedown notice

CopyrightsWorld

Copyright infringement and how to stop it is a question in the minds of most of us these days. While even individuals face this challenge, digital creators like photographers, writers, publishers, poets, visual artists, logo designers, illustrators, music & video creators and lyricists are being affected tremendously and left wondering what to do to protect their rights?

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Infographic | Colombia: Overview of the recent and upcoming changes in the Healthcare Landscape 2020-2021

Olartemoure Blog

Click to download the infographic. La entrada Infographic | Colombia: Overview of the recent and upcoming changes in the Healthcare Landscape 2020-2021 se publicó primero en OlarteMoure | Intellectual Property.

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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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The Art Business Documents You Need to Sell Your Work

Art Law Journal

Want to sell your artwork on your own? These essential art business documents are crucial to ensure that your sale is professional and protected. The post The Art Business Documents You Need to Sell Your Work appeared first on Art Business Journal.

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Invest in your brand protection, and watch it grow

Erik K Pelton

I confess that I’m no expert on investing, stocks, and finance. But I do know that over time, the stock market almost always goes up. Even where there are downswings, playing the long game tends to lead to significant gains. A savings account will grow over time as well – with compound interest – and brand protection works much the same way: invest in good trademark protection early on in a brand, and over time watch it grow and grow.

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The evolution of IP in high-growth companies

IP Blog

High-growth inventions based on IP are likely to come from expert inventors who operate within a structure for research and development, whether as a large company, as a small or medium-sized enterprise, or as a research specialist. Such companies or institutions can receive hundreds of invention submissions a year.

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Understanding Entrepreneurial Skills

azrights

In today’s day and age, this digital revolution that we’re going through, what we find is there’s uncertainty all across the organization. And so everybody needs entrepreneurial skills, they don’t all apply to the same degree. But the entrepreneurial skills are ones whenever you face uncertainty, you have to be in learning mode instead of just execution mode.

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Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

CopyrightsWorld

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft. The battle between these two tech giants began with a simple question: “Who invented the graphical user interface (GUI)?

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Infographic | What’s in the Entrepreneurship Act. ACT 2069 OF 2020

Olartemoure Blog

La entrada Infographic | What’s in the Entrepreneurship Act. ACT 2069 OF 2020 se publicó primero en OlarteMoure | Intellectual Property.

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How to Network in Artist Communities

Art Law Journal

Artist communities help you build support, collaboration and connections. These tips for networking will help you reach your highest potential and give back. The post How to Network in Artist Communities appeared first on Art Business Journal.

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Invest in Your Brand Protection and Watch it Grow

Erik K Pelton

Are you investing in the stock market or other investment vehicles? Erik strongly believes that investing in your brand protection can yield significant benefits and results. Listen as he explains how investments in trademark protection pay large dividends over time. The post Invest in Your Brand Protection and Watch it Grow appeared first on Erik M Pelton & Associates, PLLC.

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Ripped and Unclipped: Camming and Reaction Videos

Dear Rich IP Blog

Dear Rich: I plan to record an entire episode of a Netflix series through a webcam (therefore seriously depreciating its visual value) and record the audio through a microphone picking up the sound through a speaker (thus very much ruining the audio) and angle the camera so that I am visible and can make commentary. Is it fair use to use the entire unclipped episode, if, throughout my recording, I am making commentary on the episode I am watching?

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Can Artists Use Their Sale Contracts to Game the System?

Clancco

Great article by Lauren van Haaften-Schick on the artists’ contract. In March 1971, a broadside boldly labelled The Artist’s Reserved Rights Transfer and Sale Agreement rolled off an independent press in New York. Across the poster’s front was a manifesto by Seth Siegelaub, the innovative conceptual art curator-publisher and former dealer, outlining ‘some generally acknowledged inequities in the art world’.

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IP management in a changing work environment

IP Blog

English. Français. The Dennemeyer Group has just released the findings from our latest IP Trend Monitor study, which we conduct each year, together with CTC Legal Media, to identify the most notable trends in Intellectual Property (IP) management. For 2021's edition, we focused on the sector's work environment and its dramatic transformation in response to the COVID-19 pandemic.

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Recent Updates on CAR T-Cell Therapy: FDA Approvals and Patent Litigation

Bio Law Blog

On Feb. 5, 2021, the Food and Drug Administration (FDA) granted approval for a new CAR T-cell therapy, Breyanzi® (lisocabtagene maraleucel), to Juno Therapeutics, a subsidiary of Bristol-Myers Squibb (BMS). Breyanzi® is indicated for the treatment of relapsed/refractory large B-cell lymphoma in adults who have not responded to at least two other systemic treatments.

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When Do My Angry Statements Become Defamation?

Art Law Journal

Steve Schlackman. Whenever an artist or writer portrays a living person in an unflattering light, they are likely to receive a letter or angry phone call saying things like “I am going to sue you for defamation” or “you’ll be hearing from my lawyer,” along with plethora of swear words. It sounds pretty serious and scary, but […].

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Building a Bold Brand: What Makes This Book Different

Erik K Pelton

There are three things that I believe set Building a Bold Brand: The foundations of trademark protection apart from any other book that’s been written on the topic of trademarks and branding. The first is it’s a blend of perspectives. It’s a perspective from a lawyer, for businesses, and about marketing. I bring a unique perspective to this because not only have I worked with thousands of businesses over 20 years, but I myself have grown, built, and run a successful business wi

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An Overly Broad Indemnification Clause Strikes Again!

GDB Firm Blog

As indemnification clauses in construction contracts get broader and broader, they can sometimes sweep up companies that had nothing to do with the accident at all. Contractor beware.

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Trademarks Protecting The Future of Pharma Innovation

Corsearch

In recent decades, the pharmaceutical industry has contributed significantly to the great strides that have been made against diseases including; cancer, HIV/Aids, and tropical diseases such as malaria. In 2020, when the world was engulfed by the COVID-19 pandemic, pharma companies entered into an unprecedented race to find effective treatments, resulting in the global collaborative efforts of pharmas, government agencies, and higher education institutions.

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You, Me & IP Webinar Series: Getting Back to Basics

Greenspoon Marder LLP

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner “YOU, ME & IP” are monthly webinar discussions on the latest intellectual property trends. Join our monthly webinar as we discuss descriptive, suggestive, fanciful, and arbitrary trademarks. Our speakers will also cover the advantages and disadvantages of each type of trademark other considerations when choosing a new trademark.

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IP law looms large over U.S.-China relations

IP Blog

In late 2019, China pledged reforms of its Intellectual Property law, a move that played a major part in curtailing the U.S.-China trade war. More than a year later, the degree to which those promised reforms are actually implemented may well have similarly large effects on the nations' relationship.

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Who Owns Works Created by a Freelancer?

Art Law Journal

Steve Schlackman. As a general rule, when an artistic or literary work is created, the author is the one that holds the copyright. Nobody can copy, distribute, or display the work without the author’s permission. When a painting is sold, the buyer owns the painting itself, but does not have the right to use that image for […].

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Building a Strong Office Action Response

Erik K Pelton

There are four key elements to a strong office response and finding compelling evidence. Listen as Erik explains these four separate components and why they are important to increasing the odds of success. The post Building a Strong Office Action Response appeared first on Erik M Pelton & Associates, PLLC. There are four key elements to a strong office response and finding compelling evidence.

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Why is a patent search so important?

Texas Intellectual Property Law Blog

Individuals and companies in the process of patenting an invention must conduct a thorough patent search. A comprehensive patent search involves reviewing related patents and publications to ensure the new invention meets patent eligibility requirements. Review these basics about the patent search process before applying for a patent. Patentability requirements The United States Patent and Trademark Office will only issue a patent when an invention meets these standards: The patent application m

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Foreign Prosecution History: To Admit, Or Not To Admit, That Remains a Puzzle To Canadian Courts

Canadian Intellectual Property Blog

CanMar Foods Ltd. v. TA Foods Ltd. , 2021 FCA 7 Section 53.1 of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. Prosecution files are now admissible to rebut a patentee’s representation that attempts to recapture ground conceded during the patent prosecution to avoid prior art.

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You, Me & IP Webinar Series: It’s Time to Confirm You’re Properly Using Trademarks in Commerce

Greenspoon Marder LLP

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Join our monthly webinar series to discuss the Trademark Modernization Act of 2020 and the new, less expensive process of canceling trademarks. In particular, Sharon and Justin will dive into what applicants need to focus on to ensure that every good or service listed in a trademark application or registration is actually […].

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Requirement of Disclosure in Patent Specification

Intepat

? A patent comes with a bundle of rights regarding an invention granted to the applicant to reward their ingenuity and incentivize the spirit of innovation in industries. It is one of the most important and significant ways any government and any business field can ensure that creativity and progress are rewarded but provided and a way to make sure that that very same creativity and progress do not stagnate.

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When Do My Angry Statements Become Defamation?

Art Law Journal

Whenever an artist or writer portrays a living person in an unflattering light, they are likely to receive a letter or angry phone call saying things like “I am going to sue you for defamation” or “you’ll be hearing from my lawyer,” along with plethora of swear words. It sounds pretty serious and scary, but […]. The post When Do My Angry Statements Become Defamation?