Hugh Stephens Blog

MAY 24, 2021

Should user-generated content (UGC) on social media platforms be free from any regulation and the rule of law, simply because it is user-generated? Should social media platforms be given a pass when it comes to any responsibility for the UGC that they distribute? That seems to be the message from those busy attacking Canadian Heritage … Continue reading "Should User-Generated Content (UGC) be Exempt from Law and Regulation?

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Intellectual Property Law Blog

MAY 11, 2021

On Wednesday, May 7, 2021, the United States officially endorsed waiving intellectual property protections for COVID-19 vaccines. While the United States has taken the opposite position in recent months, the administration asserts that its departure is guided, at least in part, by the goal “to get as many safe and effective vaccines to as many people as fast as possible.” [1] That goal, however, is unlikely to be affected by such a waiver in the short term due to uncertainty in World Trade Organ

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Erik K Pelton

MAY 24, 2021

The following is an edited transcript of my video, Can You Change a Trademark? Brands often evolve over time, and sometimes brand names or logos change or evolve. Some changes are subtle – such as Coke at one point evolving (temporarily) into New Coke. Sometimes they’re more dramatic – when a brand shifts its name entirely, or when two companies merge, Exxon becoming ExxonMobil, for example.

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The IP Law Blog

MAY 27, 2021

Hard seltzer first hit the marketplace about five years ago and rapidly grew in popularity with sales exceeding $4.5 billion in 2020. Wanting to ride the wave of success, many companies have introduced hard seltzers into this now crowded space. But what is a hard seltzer? Is it a form of beer or something else? Based on its popularity, most would say, “Who cares whether hard seltzer is beer, just give me one.

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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

Copyright Alliance

MAY 27, 2021

May is Mental Health Awareness Month, and this national movement is exceptionally important as the COVID-19 pandemic has affected how creators work and make a living. Isolation, combined with the […]. The post Supporting Mental Health Awareness Month: Resources for Creators appeared first on Copyright Alliance.

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Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. A blog may contain an amalgamation of such rights since blogs do not merely utilize words and phrases but also videos, eBooks, music, etc.

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IP Close Up

MAY 18, 2021

What’s in a number? Apparently, not much. While headline-grabbing patent damages awards were up in 2020 and 2021, payouts on these verdicts are exceedingly rare. Continue reading.

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Erik K Pelton

MAY 12, 2021

The following is a transcript of my video Amazon Brand Registry Update for Trademark Owners. For those of you who sell online, you’ve probably heard of the Amazon Brand Registry. We have worked with many, many clients who have participated in the Amazon Brand Registry or otherwise sellers on Amazon. Sometimes, they’re exclusively sellers on Amazon.

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The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. This was the scenario the Ninth Circuit faced in its recent decision in: Ironhawk Technologies, Inc. v.

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Stock Legal Blog

MAY 19, 2021

Hello everyone! I am so excited to join the Stock legal family as a legal assistant! In the couple of days, I have been a part of the Stock legal family, I have felt nothing but positivity and brilliance amongst all I have met. I am delighted to be a part of all that makes Stock Legal great.

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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.

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Managing IP

MAY 13, 2021

The Intellectual Property Office of the Philippines was among many businesses forced to operate under the country’s enhanced community quarantine measures during the pandemic.

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Hugh Stephens Blog

MAY 19, 2021

Using Copyrighted Broadcast Content without Authorization to Produce Political Attack Ads: “All’s Fair” Rules the Federal Court in Canada We all know that politics is a blood sport. If you can discredit your opponent by casting doubt on their integrity, intelligence, judgment or whatever, this is perceived to bring political gain.

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Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition. It is what gets in easy money and therefore, often termed as a ‘patent shark,’ ‘dealer,’ ‘marketer,’ or ‘pirate.’ A patent troll operation may

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Erik K Pelton

MAY 10, 2021

A portfolio of trademarks entails multiple brand names, logo, slogans, and/or other source indicators protected by a business. Many, or even most, businesses have more than one trademark that could be protected – different brands, or a good slogan or logo. For example, I list my portfolio below – I certainly like to practice what I preach.

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Olartemoure Blog

MAY 31, 2021

The economic toll of the COVID-19 crisis has not been trivial to any country. There are, however, countries that have received a stronger financial impact than others. For this reason, expecting market forces to swiftly stabilize the (now severed) economic flow that capitalism enables is probably wishful thinking. Now, more than ever, we must consider the relevant role that competition authorities and competition policy can play in a vigorous economic bounce-back, both through competition enforc

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U.S. Department of Commerce

MAY 26, 2021

Spotlight on Commerce: Jennifer Kim, Assistant Division Chief, Decennial Census Management Division, U.S. Census Bureau. May 26, 2021. KCPullen@doc.gov. Wed, 05/26/2021 - 09:42. Jennifer Kim, Assistant Division Chief, Decennial Census Management Division, U.S. Census Bureau. Guest blog post by Jennifer Kim, Assistant Division Chief, Decennial Census Management Division, U.S.

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Art Law Journal

MAY 13, 2021

Steve Schlackman. Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements?

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Copyright Lately

MAY 17, 2021

“Saturday Night Live’s” literal beat down of “The Muppet Show” so closely resembled the classic Jim Henson characters that some viewers thought the Muppets had really made an appearance on the show. Did SNL go too far? Parody is tricky, both as an art form and as a matter of copyright law. Any effective parody requires the audience to immediately recognize the underlying work held up to ridicule.

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Intellectual Property Office Blog

MAY 5, 2021

We ask our customers to provide us with feedback so we can improve our services. But you may feel that once you’ve provided us with your feedback, you often don't find out what we did or how we used it to help us make improvements. We want to give you an insight into how we ‘close the loop’ on your feedback to show you why providing us with feedback is so important.

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Erik K Pelton

MAY 6, 2021

The following is an edited transcript of my video, How to Monitor for Infringements. In the past, you’ve heard me talk about some of the ways to keep a trademark strong over time and some of the things that brand owners must do with their trademarks even after they’re registered. One of those important tips is to monitor for infringements.

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The IP Law Blog

MAY 7, 2021

In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc. , 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” .

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Managing IP

MAY 17, 2021

Max Sills, general manager at the Cryptocurrency Open Patent Alliance and counsel for Square, sets out his ambitions for IP and cryptocurrencies

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IP Blog

MAY 21, 2021

Seeking the answer to the question "When were cars invented?" uncovers quite a few notable and surprising developments in the history of Intellectual Property (IP).

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Copyright Lately

MAY 7, 2021

The studio argues that a complaint seeking an accounting of profits from its planned Rin Rin Tin film doesn’t arise under the Copyright Act. Here’s a quick update on a case I first wrote about back in November involving Rin Tin Tin. He’s the canine film and television star made famous in the 1920’s, which makes him nearly 700 if you’re counting in dog years.

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Art Law Journal

MAY 21, 2021

Steve Schlackman. If a U.S. website is using your images without your permission, the easiest and fastest way to stop the infringement is to send the website a “DMCA Takedown Notice.” DMCA stands for the “Digital Millennium Copyright Act.” Websites that host user-generated material are immune from prosecution for infringement (Safe Harbor) if the site implements notice […].

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Erik K Pelton

MAY 26, 2021

Many business owners may not realize that if they deal with tangible goods, they can protect their brand with U.S. Customs and Border Protection in addition to the USPTO. In this episode, Erik details how to add this tool to your brand protection toolkit. The post Customs and Border Patrol Registration for Your Trademark appeared first on Erik M Pelton & Associates, PLLC.

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The IP Law Blog

MAY 14, 2021

Quick answer: no! The Federal Circuit Court of Appeals recently tangled with a patent application for an invention that did not have scientific support. The court affirmed a decision of the Patent Trial and Appeal Board rejecting a patent application on these grounds. While this is not a common occurrence, in this case, it’s an easy conclusion to reach.

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Managing IP

MAY 31, 2021

Editha R Hechanova of Hechanova & Co Inc explains the hurdles that are preventing Filipino lawmakers from legalising medical cannabis

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U.S. Department of Commerce

MAY 27, 2021

Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. May 27, 2021. KCPullen@doc.gov. Thu, 05/27/2021 - 09:16. Export and investment promotion. Intellectual property. Minority business growth. Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. The Department of Commerce is proud to join the Nation in recognizing the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, also known as Asian Amer

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Garrigues Blog

MAY 17, 2021

Proposal for a regulation on the use of artificial intelligence: fundamental rights mark the red lines. Rita Gomes, Associate, Intellectual Property Department. The European Commission has just published its proposal for a Regulation laying down harmonized rules on Artificial Intelligence (AI) which seeks to strike a balance between its intention to promote the use of artificial intelligence, while at the same time establishing certain limits and rules on its use in order to offset certain risks

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Copyright Lately

MAY 27, 2021

In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. Do the plaintiffs have a case? I finally had a chance to take a closer look at the new copyright class action complaint filed last week against Instagram. In a nutshell, the lawsuit alleges that the social media app induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own web

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Erik K Pelton

MAY 18, 2021

In trademark applications and disputes, a common issue is whether or not there is a likelihood of confusion. In this segment, Erik breaks down the main factors surrounding an analysis of likelihood of confusion between two trademarks. The post What is a Likelihood of Confusion? appeared first on Erik M Pelton & Associates, PLLC. In trademark applications and disputes, a common issue is whether or not there is a likelihood of confusion.

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Patent Trademark Blog

MAY 20, 2021

What exactly is the mark filed in your trademark application or registration? One of the most common errors in a trademark application is a mismatch between the mark shown in a trademark application drawing and the mark shown in submitted specimens. The USPTO rule is that the specimens of use must display a mark that is a substantially exact representation of the mark applied for or registered.

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Managing IP

MAY 6, 2021

We have published the Asia-Pacific shortlists for the 16th annual Managing IP Awards, which will be hosted online this year

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Art Law Journal

MAY 11, 2021

The first step in identifying where your work belongs to ask yourself is: What kind of work do I love? Who is my audience? The post Understanding your Market As An Illustrator appeared first on Art Business Journal.

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