April, 2020

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8 Parts of a Perfect Copyright Page

Creative Law Center

There are no rules for crafting the perfect copyright page. You can set it up however you like. The copyright police won't come for you. Here's a template you can start with. The post 8 Parts of a Perfect Copyright Page appeared first on Creative Law Center.

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IP - facing a different kind of global challenge

Intellectual Property Office Blog

Sunday 26 April is World IP Day, when the IPO celebrates intellectual property, or IP. It's our opportunity to showcase the significant impact that IP has on our society, making our lives and our economies better. This year though, things are different. Celebrating doesn’t feel quite right. A few weeks ago, the IPO was busy making plans to honour this year’s #WorldIPDay theme: ‘innovate for a greener future’.

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Can Smells be Trademarks?

Greenspoon Marder LLP

By: Justin McNaughton, Senior Counsel Recently we published an article about trademarking Pitbull’s grito, about the history of the sound, and what it means. In the days since then, we’ve seen some interesting tweets and comments. For instance, here was a question posted to LinkedIn on NYU’s Law School page: Well, are smells next? It’s actually a trick question, but […].

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Computer and Internet Weekly Updates for 2020-04-25

Barry Sookman

Computer and Internet Weekly Updates for 2020-04-18 [link] 2020-04-19 Racing Head-On Into Artists’ Nightmares: An Examination of danah boyd’s ‘Facing the Great Reckoning… by… [link] 2020-04-19 Announcement: Commissioner publishes framework to assess privacy-impactful initiatives in response to COVID-19 – Of… [link] 2020-04-20 Message from the Privacy Commissioner of Canada – Office of the Privacy Commissioner of Canada [link] 2020-04-20 Ottawa pursuing technological approaches to COV

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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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SCOTUS Willfully Unfastens Infringer’s Profits From Its Mental State

Trademark and Copyright Law Blog

Yesterday, the Supreme Court decided a trademark damages question that has long divided courts across the country. For decades, a trademark owner’s chances of recovering an infringer’s profits in litigation varied depending on where the case was pending. The Lanham Act allows an award of an infringer’s profits “ subject to the principles of equity ” – but what does that mean?

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Is "The Naked Kiss" Missing Copyright Notice?

Dear Rich IP Blog

Criterion's pristine version of "The Naked Kiss" Dear Rich: I'm having a debate over the legitimacy of a chain of title of the motion picture, "The Naked Kiss" (1964). There are very clear records in the post-1978 Copyright Office database indicating copyright ownership but this person is insisting it is an invalid copyright because there is no “©” insignia anywhere on head or tail.

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New York City Is Offering Loans And Grants To Small Businesses Affected By The Coronavirus

GDB Firm Blog

New York City is offering grants up to $27,000 to businesses with fewer than five employees, and zero interest loans up to $75,000 to businesses with fewer than 100 employees, that have suffered a decrease in revenue of 25% or more due to the COVID-19 pandemic. Please see update to this article in a new blog post (4/13/20).

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Can You Copyright an Idea?

Art Law Journal

Chris Reed. At what point does a creative work become protectable? Find out so you can ensure that your work is copyright protected.

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Computer and Internet Weekly Updates for 2020-04-18

Barry Sookman

Computer and Internet Weekly Updates for 2020-04-11 [link] 2020-04-12 GERMANY TO INTRODUCE CORONAVIRUS 'IMMUNITY CERTIFICATES' FOR RECOVERED PUBLIC [link] 2020-04-12 Evaluating contact tracing privacy questions, [link] 2020-04-12 Reasonable expectation of privacy in securities context Re North America Frac Sand, Inc., 2020 ABASC 40 (CanLII) —… [link] 2020-04-12 No reasonable expectation of privacy in message sent in a group chat R. v.

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10 Years of Biosimilars: Lessons and Trends

Bio Law Blog

Intellectual Property partner Irena Royzman and scientific advisor Khushbu Shah authored a Nature Reviews Drug Discovery article titled “10 Years of Biosimilars: Lessons and Trends” on May 1, 2020. This article examines the first 10 years of the US regulatory and litigation pathway for biosimilars (the Biologics Price Competition and Innovation; BPCIA) and the lessons and trends going forward.

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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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Can I Copy from an Unpublished Library Manuscript?

Dear Rich IP Blog

Dear Rich: I am in the final stages of publishing an academic monograph. I am seeking to cite a few lines of text from an unpublished manuscript that is held by the Beinecke Library. Is depositing the book at the library a form of "publishing?" I asked the estate for permission to publish small citations but they claimed I would give away the plot and thus their ability to make money on it if they were to publish.

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What to know about obtaining a patent

Texas Intellectual Property Law Blog

If you create a new electronic device in your Texas workshop, it may be possible to patent it. In some cases, it may be possible to apply for protection under both American and international laws. This means that it may not possible for people or companies to copy your idea whether those parties are based in Texas or in another country. How to determine if a creation qualifies for a patent As a general rule, a patent is granted to creations that are useful, novel and not obvious.

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?Supreme Court Makes It Easier for Plaintiffs to Obtain an Award for Trademark Profits

GDB Firm Blog

In a decision last week, Romag Fasteners, Inc. v. Fossil Group, Inc. et. al., the United States Supreme Court made it easier for plaintiffs to obtain an award for profits in trademark infringement cases, by holding that plaintiffs are not required to prove that the defendant had acted "willfully" as a precondition for an award of profits under the federal trademark law, known as the Lanham Act, 15 U.

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Use caution before taking advantage of extended IP filing deadlines under CARES Act

IP Spotlight

(Note: This post was updated June 30, 2020 to reflect the new extension dates that the USPTO published on that date.). The newly-enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides patent and trademark applicants the opportunity for temporary relief from certain deadlines as more and more businesses face mandatory shutdowns due to effects of COVID-19.

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Computer and Internet Weekly Updates for 2020-04-11

Barry Sookman

Computer and Internet Weekly Updates for 2020-04-04 [link] 2020-04-05 Trade mark infringement and passing off found Natural Instinct Ltd v Natures Menu Ltd [2020] EWHC 617 (IPEC) (20 Ma… [link] 2020-04-07 Public policy associated with arbitrations leaves materials confidential 79411 USA Inc. c. Mondofix Inc., 2020 QCCS… [link] 2020-04-07 Behind the global efforts to make a privacy-first coronavirus tracking app [link] 2020-04-07 Google publishes tracking data showing 59 per cent drop in normal m

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Biopharma Develops Antibody and Stem Cell Therapies in the Fight Against COVID-19

Bio Law Blog

SARS-CoV-2, the virus that causes COVID-19, is a novel coronavirus never before seen in humans. To date, it has caused 60,000 deaths in the United States – 56,000 of those in the last month alone. There does not yet exist an FDA-approved treatment for it. While existing antivirals and anti-inflammatory drugs are undergoing clinical testing against COVID-19 now , biopharmaceutical companies are taking a variety of approaches to develop new therapies.

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CORONASPLOITATION-19: A Brief Survey of Recent COVID-19-Related Trademark Applications

Trademark and Copyright Law Blog

Benjamin Franklin famously said that “nothing in this world can be said to be certain, except death, taxes, and the entrepreneurial spirit of Americans to turn a crisis into a business opportunity.” That quote may not be entirely accurate, but the U.S. federal trademark register serves as a historical record of this entrepreneurial spirit, from the various applications related to 9/11 in the wake of that tragedy, to the dozen BOSTON STRONG trademark applications filed soon after the Boston Mara

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What to know about obtaining a patent

Texas Intellectual Property Law Blog

If you create a new electronic device in your Texas workshop, it may be possible to patent it. In some cases, it may be possible to apply for protection under both American and international laws. This means that it may not possible for people or companies to copy your idea whether those parties are based in Texas or in another country. How to determine if a creation qualifies for a patent As a general rule, a patent is granted to creations that are useful, novel and not obvious.

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?Social Media Accounts Provide a New Twist in the Law Governing the Right To Use Photographs

GDB Firm Blog

A recent New York federal court decision adds a new twist to the law governing the right to use photographs that are posted on social media platforms, and gives a new possible legal defense to individuals and businesses accused of copyright infringement for using photographs that are directly sourced from those platforms.

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Seven Practical Ways Federal Trademarks Help Your Brand

Patentably Defined

Your brand matters. After all, your brand is WHO you are, WHA T you do, and WHY you do it. Remember – people are loyal to brands, not products. Trademarks protect brands. They are the foundation of every successful brand. The single best way to do that is with a Federal trademark registration. Here are seven practical reasons why you need to get a Federal trademark for your brand.

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Computer and Internet Weekly Updates for 2020-04-04

Barry Sookman

Computer and Internet Weekly Updates for 2020-03-28 [link] 2020-03-29 The Week in Tweets: The End of the Techlash Edition? [link] 2020-03-29 US court rules that unlicensed reproduction of NBA players' tattoos in their videogame avatars is not copyright inf… [link] 2020-03-29 Interlocutory injunction not granted in trademark infringement case VisionWerx Investment Properties Inc. v.

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A Therapeutic Solution for COVID-19: Repurposing Existing Drugs

Bio Law Blog

For decades, antiviral drugs have been used to combat viral infections, including HIV/AIDS and influenza. Now they are a source of hope in the fight against the COVID-19 pandemic. While there is a global effort to develop and test new drugs to fight SARS-CoV-2, the virus that causes COVID-19, that process takes time, during which the disease is rapidly spreading and taking thousands of lives.

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Outreach to Improve Mental Health During These Unprecedented Times

GDB Firm Blog

Isolation - and the myriad health issues which accompany it - is now more prevalent than ever. Landlords, and condominium and cooperative boards of multi-family buildings can provide a support system to their residents to help them cope during this pandemic.

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Be Prepared for PPP Loans, Round 2

GDB Firm Blog

The floodgates on the $349 billion SBA guaranteed, forgivable, loan program slammed shut last Thursday morning when the SBA's guarantee authorization ran out. Congress is about to increase the amount of loans that the SBA is permitted to guarantee.

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Some State Franchise Regulators Extend Deadlines for Renewal Registration in Light of Coronavirus Pandemic

GDB Firm Blog

Six of the 13 franchise registration states have formally extended the deadline for filing renewal applications in light of the Coronavirus pandemic, including Illinois, Indiana, Maryland, Minnesota, New York, and Virginia.

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3M Trademark Claims Stemming from the COVID-19 Crisis

GDB Firm Blog

A recent lawsuit, stemming out of the COVID-19 crisis, demonstrates an egregious case of a company improperly using the brand name of another company to profit from the association with the brand, and demonstrates the need for trademark owners to closely monitor how other companies are using their name.

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Trademark Filing Extensions Due To The COVID-19 Crisis

GDB Firm Blog

The United States Patent and Trademark Office (USPTO) is extending trademark filing and fees provided anyone seeking advantage of the extension shows that it has been personally affected by the COVID-19 outbreak. The USPTO will continue to accept new applications with examiners working remotely.

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Copyright Office Introduced Emergency Modifications for Persons Affected by COVID-19

GDB Firm Blog

Electronic filing before the Copyright Office is still available during the COVID-19 national emergency. However, the Copyright Office recently introduced emergency modifications for persons affected by COVID-19 which will be in effect until May 12, 2020, unless the Copyright Office issues an announcement stating that the period of disruption has ended or that another extension is necessary.

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Patent Filings — Extensions, Modifications and Waivers due to COVID-19

GDB Firm Blog

For information related to patent filings, extensions, modifications and waivers due to the COVID-19 outbreak please visit: [link]. For further information and consultation please contact us.

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Mandatory Face Coverings For Employees Are The Latest In New York's Efforts To Combat The Spread Of Coronavirus

GDB Firm Blog

Executive Order 202.16, issued on April 12, 2020, has now made it mandatory (as of 8:00 p.m. on April 15, 2020) for all essential employees who come into direct contact with customers or members of the public to wear "face coverings." While many have already opted to undertake this precautionary measure, Governor Cuomo has now made it a requirement for certain employees.

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Businesses Must Protect Private Information

GDB Firm Blog

On July 25, 2019, New York Governor Cuomo signed the SHIELD Act into law and on March 21, 2020, it became effective. The SHIELD Act is a cybersecurity law that protects the private information of any New York resident or employee. Any violation of this law could lead to severe penalties.

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Additional Tax Deadlines Extended to July 15, 2020

GDB Firm Blog

We previously advised that due to Coronavirus, deadlines for filing federal and state income tax returns have been extended to July 15, 2020. This week, in Notice 2020-23, the IRS provided additional extensions of time to file tax returns and pay taxes.

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New York City Small Business Relief Programs Stop Taking Applications

GDB Firm Blog

New York City has been offering relief to certain eligible businesses affected by COVID-19. As of April 10, 2020, the NYC Small Business Continuity Loan Fund has paused application intake due to overwhelming interest in the fund. Additionally, the NYC Employee Retention Grant is no longer accepting applications. It is unclear at this moment when application intake will resume, if at all.

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Guidance for Landlords When the Rent is Due During the COVID-19 Pandemic

GDB Firm Blog

With so many of us unemployed or with significantly reduced income, New Yorkers shuttered in their homes must make difficult choices - do they pay rent or pay for other necessities such as food and medicine. While reports show that most tenants paid April's rent, potential defaults in payment of May rent loom large. Typically, landlords are free to send notices, start collection proceedings, and ultimately evict non-paying tenants.

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?New Statewide Mandatory Sick Leave For New York Employers Effective September 2020 Requiring Sick Leave Which Can Be Taken Starting January 2021

GDB Firm Blog

Little noticed in the recently-enacted legislation which provides for sick leave to employees directly affected by the Coronavirus, described in our previous alert, New York also took the opportunity to enact legislation which will require next year that all New York employers of any size throughout the state offer mandatory sick leave to all employees for any illness or health condition.

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