Erik K Pelton
JUNE 22, 2021
We are excited to to announce that we are hiring an Associate Attorney in our trademark firm! Details and application information below: Erik M Pelton & Associates – Job Posting Associate Attorney Trademark by Erik Pelton on Scribd. The post We’re hiring! Seeking Associate Attorney, Trademark appeared first on Erik M Pelton & Associates, PLLC.
Hugh Stephens Blog
JUNE 23, 2021
Canadian artist E.J. Hughes, although likely not a household name to many outside Canada, is nonetheless one of the iconic artists of the west coast of Canada. His paintings chronicle the relatively recent history of the coast of British Columbia (BC), as the example above shows.
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Patently-O
JUNE 30, 2021
by Dennis Crouch. Many patent applications are not fully reduced-to-practice by the time the patent application is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement. Still, the application must fully satisfy the disclosure requirements of 35 U.S.C. 112(a), namely written description, enablement, and best mode.
The IPKat
JUNE 27, 2021
One of the UK's leading patent attorney firms is facing a claim brought by their client, chemical company BASF. BASF is suing Carpmaels for a reported €1.05 billion , because of a missed EPO appeal deadline. Whilst the court proceedings are ongoing, some interesting background to the case can be found in arguments made by Carpmaels in the request for re-establishment of the appeal deadline.
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?
Copyright Alliance
JUNE 22, 2021
There are many differences between plagiarism and copyright infringement, yet it can be easy to confuse these concepts. While both plagiarism and copyright infringement can be characterized as the improper […]. The post The Difference Between Plagiarism and Copyright Infringement appeared first on Copyright Alliance.
Corsearch
JUNE 17, 2021
The shift towards a global, digital economy has resulted in the demise of some of the traditional assumptions about measuring the value of a business. Globalization, coupled with a fast-emerging digital economy geared towards service and technology markets, has accelerated this change even faster. It has resulted in the emergence of many important companies whose value no longer solely resides in tangible, physical assets.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Hugh Stephens Blog
JUNE 14, 2021
Source: National Post I was at my local newsstand the other day, perusing the morning papers. My usual modus operandi is to scan them quickly, deciding which catchy headline will entice me to swipe my credit card for my daily “news fix” delivered in that most traditional of formats, the daily newspaper.
Michael Geist
JUNE 22, 2021
The Liberal government strategy of multiple gag orders and a “super motion” to limit debate bore fruit last night as Bill C-10 received House of Commons approval at 1:30 am. The Parliamentary process took hours as the government passed multiple motions to cut short debate, re-inserted amendments that had been previously ruled null and void , and rejected a last-ditch attempt to restore the Section 4.1 safeguards for user generated content.
The IPKat
JUNE 22, 2021
Do platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive ? At what conditions is the hosting safe harbour under Article 14(1) of the Ecommerce Directive available? What may be the requirements for injunctions under Article 8(3) of the InfoSoc Directive? These are some of the questions that the German Federal Court of Justice had referred to the Court of Justice of the European Union (CJEU) in two separate cases, which
Kashishipr
JUNE 30, 2021
What is Modularity? The concept of modularity has become a common debate due to the vast outreach of consumers and industrial growth. The concept focuses on the notion of distributed innovation in the contemporary global economy. Modularity allows firms and companies with complex technical systems to divide the components therein, called the modules, which are capable of being designed independently, but to function, they need to be looked at together as a whole.
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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.
Kluwer Copyright Blog
JUNE 30, 2021
Photo by Geoff Gill via Pixabay. In February 2019, Tamita Brown, Glen S. Chapman, and Jason T. Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.
Erik K Pelton
JUNE 24, 2021
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.
Hugh Stephens Blog
JUNE 8, 2021
Source: [link] Think of yourself as Ian Rye, CEO of Pacific Opera Victoria (POV), my hometown opera company. You’ve been planning ahead for the next season, and advance planning is very much a requirement in the opera scene.
Copyright Lately
JUNE 20, 2021
The First Circuit rules that the classic 1960 board game “The Game of Life” was created as a work made for hire. Here’s why it matters. If you’ve ever played “The Game of Life,” you know there are lots of important decisions to make on your way to Millionaire Acres. Do you take the career or college path? Do you buy the overpriced home insurance that costs nearly as much as the house itself?
Michael Geist
JUNE 30, 2021
The Senate Bill C-10 debate wrapped up yesterday with several speeches and a vote to send the bill to committee for further study. Given that the Senate declined to approve summer hearings for the bill, the earliest possible time for the study to begin is the week of September 20th. If there is a late summer/early fall election as most observers expect, Bill C-10 will die.
Copyright Alliance
JUNE 29, 2021
On June 18, the Texas Supreme Court held that a violation of copyright is not an unconstitutional taking of property. The decision stems from a years-long battle by Jim Olive […]. The post Texas Supreme Court Ruling is Further Proof that Congress Must Abrogate Sovereign Immunity appeared first on Copyright Alliance.
IAM Magazine
JUNE 28, 2021
Developments elsewhere suggest the British government may not be overly concerned that obligations under the trans-Pacific partnership could well contradict its commitments as a member of the European Patent Organisation.
Erik K Pelton
JUNE 21, 2021
The following is a transcript of my video Bold Brands Are Like Bees to Pollinate Marketing. As you know, one of my slogans is “Making Trademarks Bloom Since 1999” As a result, I use a lot of plant and flowering—in particular sunflower imagery and terminology—in my marketing, on my website, social media, and incorporate it into other episodes of our videos and podcast in some ways.
Hugh Stephens Blog
JUNE 1, 2021
In a unanimous decision, on May 26 Canada’s Federal Court of Appeal (FCA) dismissed the appeal by internet service provider (ISP), Teksavvy, against Canada’s first site blocking order for copyright infringement issued in November 2019.
Kashishipr
JUNE 23, 2021
What is Big Data? Big data is a relatively new concept that has created a greater conundrum in the realm of Intellectual Property (IP) laws. Big data refers to the large and diverse sets of information that can grow at an ever-increasing rate. Such collection of massive structured, unstructured, and multi-structured data is due to our constant interaction with smart gadgets and technologies like mobile phones, credit cards, televisions, computers, smart watches, etc.
Michael Geist
JUNE 29, 2021
In a day that started with Canadian Heritage Minister Steven Guilbeault urging the Senate to focus on passing Bill C-10, Senators from across the political spectrum again signalled that they believe that Guilbeault’s bill requires extensive hearings given the flawed legislative approach in the House of Commons and a resulting bill that raises a wide range of policy concerns.
WIPO Magazine
JUNE 24, 2021
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.
IP.com
JUNE 23, 2021
In order to patent an invention, it must be novel, non-obvious, and useful. A patent examiner determines whether or not an invention fits these criteria with a prior art search. The post The When, How, and Why of Patent Validity Search appeared first on IP.com - IP Innovation and Analytics.
Erik K Pelton
JUNE 17, 2021
My office has filed thousands of responses to trademark office actions from the USPTO, and I’ve worked as a USPTO examiner issuing Office Actions and reviewing responses from applicants. Because I kept getting asked to share details about what goes into crafting a good response, I created a unique resource to help those looking to learn more about effective office action responses.
The IPKat
JUNE 24, 2021
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
IP Tech Blog
JUNE 18, 2021
To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents. The resulting changes mirror some well-recognized provisions of the American Bar Association’s (ABA) Rules of Professional Conduct.
Michael Geist
JUNE 24, 2021
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.
The IP Law Blog
JUNE 17, 2021
I’m experiencing déjà vu. I wrote about a similar topic prior to Allegiant Air becoming the official sponsor of the Las Vegas stadium that the Raiders now call home. In fact, I covered the topic at a time when Allegiant Air claimed that it was not involved in any negotiations for the naming rights of any professional sports facilities despite having filed an application with the United States Patent and Trademark Office for use of Allegiant in connection with stadium or training facilities.
Kluwer Copyright Blog
JUNE 16, 2021
Image by 453169 from Pixabay. In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). Marshmello, an American electronic music producer and DJ, won the case as Judge Philip S.
Erik K Pelton
JUNE 14, 2021
The following is an edited transcript of my video, Why Suggestive Trademarks and Brand Names Are My Favorite. I get asked all the time about what type of brand names I prefer. The answer for me is easy: for commercial, marketing, and legal purposes, I strongly suggest that clients choose suggestive brand names. What do I mean by suggestive brand names?
GDB Firm Blog
JUNE 12, 2021
Cooperatives Granted Relief From Restrictions Imposed By The Tenant Protection Act On June 10, 2021, the New York State legislature exempted most cooperatives from important restrictions imposed by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). The bill will become law immediately when the governor signs it and will apply to actions and proceedings commenced after it is signed.
Trading Secrets
JUNE 14, 2021
The 2021 edition of The Legal 500 United States recommends Seyfarth Shaw’s Trade Secrets group as one of the best in the country. Nationally, for the sixth consecutive year, our Trade Secrets practice earned Top Tier. Based on feedback from corporate counsel, Seyfarth partners Michael Wexler, Robert Milligan, and Kate Perrelli are ranked in the editorial’s “Leading Lawyers,” Joshua Salinas is ranked in the editorial’s “Rising Starts,” and Erik Weibust and Dawn Mertineit were also recommended in
IP.com
JUNE 16, 2021
Comprehensive business intelligence requires data from multiple sources. To fully understand the competitive landscape and your place within it, you need a deep understanding of internal and external factors, including. The post How to Turn Patent Search Into Business Intelligence appeared first on IP.com - IP Innovation and Analytics.
CopyrightsWorld
JUNE 10, 2021
Whether you’re an entrepreneur looking to find photography clients, a freelancer struggling to get clients on UpWork, or a creative seeking employment, you need a portfolio website. With an online website, you can target a global audience. It is one of the best means of advertising your business. As more and more people visit your site, you can turn them into qualified leads and happy customers.
Kashishipr
JUNE 9, 2021
Internet streaming in India contributes to the majority of revenues of the recorded music industry. With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year.
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