December, 2020

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New USPTO trademark fees – increases – coming January 2, 2021

Erik K Pelton

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. Many fees are going up, and several new fees have been created. These fee changes have been in the works for more than a year. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. 6, 2020).

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The path to protection – good trademark strategies start at the beginning

WIPO Magazine

Legal guidance is critical to introducing a new brand successfully and smoothly. Strategic trademark consultant Kathryn Park, former General Counsel for Brand Management at GE, offers lawyers some practical tips on how to conduct an effective trademark search before unveiling a new product.

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How Can I Make Sure I Get Credit for My Work?

Dear Rich IP Blog

Dear Rich: I want to copyright a report I researched and wrote and hope to sell to a museum. My report includes my collection of 19th-century photographs, most of which are extremely rare. W hen researchers use the report, I want them to credit me. How do I do that? When I tried to register my report at the Copyright Office, I was told that I could not claim copyright in the photos, only the text.

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Copyright: Using images for social media

Sander Law

Copyright: Using images on social media. If you ever wondered if you can use that image you found through a Google search on your social media post or on your website, this post is for you. Copyright protection of images. Every photograph or image created is protected under Copyright. Copyright protection is automatic for an original work to the benefit of the its creator and protects the work from copying or publication by others.

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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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New developments: Bracing for Brexit's effects on international IP

IP Blog

As we approach the end of the transition period, during which time the UK was no longer a member of the EU but still followed certain laws and regulations and remained a part of the customs union, this is a reminder that on January 1, 2021, only UK laws will apply.

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Effective Grant Writing for Emerging Artists

Art Law Journal

Artists seeking creative opportunities and funding to continue their work can improve their grant writing skills. Learn how to be present your project or proposal with these tips. The post Effective Grant Writing for Emerging Artists appeared first on Art Business Journal.

More Trending

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Turkmen inventors tackle water scarcity

WIPO Magazine

In countries like Turkmenistan with large expanses of arid land, agricultural development is held back by high levels of soil salinity and acute shortages of fresh water. Turkmen inventors have come up with a range of innovative technologies to tackle soil salinity and optimize management of freshwater.

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Effective Consent Made Easier Under the NOC Regulations

Canadian Intellectual Property Blog

Case introduction: The Patented Medicines (Notice of Compliance) Regulations (“NOC Regulations”) permit the Minister of Health (“Minister”) to issue a notice of compliance (“NOC”) to a generic company where a patentee’s effective consent is obtained. Effective consent under the NOC Regulations requires the patentee’s consent for the making, constructing, using or selling of a drug in Canada (“Activities”).

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Blockchain and Cryptocurrency: What is Blockchain Technology?

Fish & Richardson Trademark & Copyright Thoughts

Blockchain and cryptocurrency technologies are rapidly expanding throughout the world – and with that rapid expansion has come a growing interest in IP protection for blockchain and cryptocurrency inventions. USPTO statistics confirm blockchain’s ascendance. As of July 2020, roughly 7,600 applications containing the word “blockchain” had been filed, up from only 37 in 2014 ( see Figure 1).

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How long does a U.S. patent or trademark application take to grant? (2020 edition)

IP Spotlight

The USPTO recently released its FY2020 Performance and Accountability Report , with contains helpful information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. Each year, IP Spotlight analyzes this report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant?

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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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Artists and Creatives: Document Your Work and Career

Art Law Journal

If you're an artist or creative and don't document your work and career, learn why it's important and tips on how to get started. If you do, congratulations! Here are some best practices and reminders. The post Artists and Creatives: Document Your Work and Career appeared first on Art Business Journal.

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Top Trademark Trends of 2020

Erik K Pelton

By Erik Pelton®. This year – despite the cliché – has been unprecedented in many ways; it featured the COVID-19 pandemic, lockdowns, quarantines, masks, and social distancing, as well as protests in the street, a presidential election, economic volatility, and much more. And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks

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Working ethically with Indigenous cultural and intellectual property: Australia launches new protocols

WIPO Magazine

In September 2020, the Australia Council for the Arts released the latest edition of its Protocols for using First Nations Cultural and Intellectual Property in the Arts, which aims to bridge the existing legal gap and provide traditional knowledge protection by recognizing and engendering respect for customary practice.

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Some Thankful Reflections About 2020

DuetsBlog

We can all think of and relive a multitude of reasons over the past year to embrace Dean’s timely #Flush2020 billboard ad as we prepare to ring in the New Year. We also can look for silver linings before we bid farewell to 2020, some glimmers of hope and thankful reflections to provide fuel for 2021, here are some of mine: Quality-time with our daughter when she studied remotely and still thrived; Trading my commuting time for coffee and conversation with my soul-mate ; Two college graduations i

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Taking the fast lane - New PPH program between Japan and France

IP Blog

English. Français. January 2021 will start with France and Japan strengthening their relationship in the arena of Intellectual Property as a new Patent Prosecution Highway (PPH) agreement between the Japanese Patent Office (JPO) and the French National Institute of Industrial Property (INPI) takes effect.

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You, Me & IP Webinar Series: The Grinch Who Stole Holiday Trademarks

Greenspoon Marder LLP

Featuring: Justin McNaughton, Partner and Sharon Urias, Partner Join us to discuss the Grinch who tried to misappropriate, and therefore assert the right to exclusive use over holiday symbols, slogans, decorations, and cheer. Humbug. Click here to watch the recording. The post You, Me & IP Webinar Series: The Grinch Who Stole Holiday Trademarks appeared first on Greenspoon Marder LLP.

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How to Handle Rejection as an Artist

Art Law Journal

Experiencing rejection as an artist is a part of the job. Here, we talk to five artists and creatives on how they power through rejection and self-doubt. The post How to Handle Rejection as an Artist appeared first on Art Business Journal.

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Trademark Searches – what is a TESS search, a common law search, a clearance search, and more

Erik K Pelton

The following is an edited transcript of my video All About Trademark Searches. Searching for trademark conflicts is one of the most important things about the practice and protection of trademarks and brands. I often speak and wring about conducting a search before you file, but here I want to go a little bit more in depth to talk about some of what these different types of searches and different terms—terminology that we use when talking about searches.

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Genetic scissors: at the cutting-edge of life

WIPO Magazine

The gene-editing tool, CRISPR-Cas9, is one of the most important scientific developments so far this century. In October 2020, the two scientists responsible for developing it, Emmanuelle Charpentier and Jennifer Doudna, were awarded the 2020 Nobel Prize in Chemistry. What is the transformative potential of CRISPR technology and what issues is it raising?

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Protected: Interview with Kae and Cami Creator, Debbie Sullivan

LoTempio Law Blog

There is no excerpt because this is a protected post. The post Protected: Interview with Kae and Cami Creator, Debbie Sullivan appeared first on Vincent LoTempio | Registered Patent Attorney, Trademark, and Copyright | 1-800-866-0039.

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Everyday IP: When were socks invented?

IP Blog

When you work day and night in the trenches of Intellectual Property, it can be difficult not to think of concepts like invention and innovation outside of their oft-complex legal contexts. So many of the IP assets we help creators protect are not even physical objects, let alone practical items you can see daily. However, many times, even the most basic products that we are taking for granted — such as the socks you are likely wearing as you read this — are tied to IP.

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IP and Cannabis: The Current Landscape

Fish & Richardson Trademark & Copyright Thoughts

Cannabis [i] is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. [ii] While marijuana remains a Schedule I controlled substance under federal law, a majority of states have legalized consumption of certain cannabis products under certain conditions.

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Street Art or Vandalism?

Art Law Journal

Nicole Martinez. Street art remains controversial and the rights artists have over their works continues to be a messy subject but is it illegal?

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Peltonism: Naming a new product or service is painting with a blank canvas; be boring or be bold

Erik K Pelton

For more on Building a Bold Brand , see my recently published book. Naming a new product or service is painting with a blank canvas; be boring or be bold. For more Peltonisms®, see [link]. The post Peltonism: Naming a new product or service is painting with a blank canvas; be boring or be bold appeared first on Erik M Pelton & Associates, PLLC.

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ABBA’s Björn Ulvaeus puts artists’ interests center stage

WIPO Magazine

Bjorn Ulvaeus outlines his ambitions as CISAC President and shares his vision of the role that technology will play in placing creators at the heart of a transformed music industry ecosystem.

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Interview with Kae and Cami Creator, Debbie Sullivan

LoTempio Law Blog

For today’s blog post, we had the opportunity to speak with Kae & Cami creator, Debbie Sullivan. Kae & Cami is, as Debbie describes it on her site, a “patented magnetic jewelry and scarf accessory line that helps fit and style your scarf masks, tops, scarves, pashminas, head wraps, cover-ups, dresses and more.” Recently, the […].

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Facing supply chain concerns in the COVID-19 era

IP Blog

In late October, British financial research firm Moody's issued a report indicating that supply chain issues caused by the COVID-19 pandemic would result in rising consumer costs in hospital care. With many countries shifting to domestic manufacturing to counter the spread of coronavirus through international channels, medical supplies like personal protective equipment (PPE) and pharmaceuticals are expected to be more expensive to produce.

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Copyright: What is Fair Dealing?

Sander Law

What is Fair Dealing? Fair Dealing is a type of exception to Copyright infringement and is defined in the Canadian Copyright Act. What is Copyright Infringement? Generally a copyrighted work is infringed when a person reproduces or publishes the copyrighted work (wholly or in part) without permission from the copyright owner. If the use of the copyrighted work falls under one of the categories of Fair Dealing, then there is no copyright infringement.

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Is My Copyright Internationally Protected?

Art Law Journal

Steve Schlackman. In this article, we discuss international copyright treaties, the minimum protection you may see from countries across the globe, as well as the enhanced rights only available in the United States.

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How to Use the Bold Brand Scoresheet

Erik K Pelton

Learn all about the Bold Brand Scoresheet, and how to use it, in this brief video (2:41). For more details and to download your own copy of the scoresheet: see: [link]. The post How to Use the Bold Brand Scoresheet appeared first on Erik M Pelton & Associates, PLLC.

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Diversity and overlapping IP rights in the comic world

WIPO Magazine

A recent WIPO study, "Batman forever? The economics of overlapping rights" explores how comic characters are protected under both copyright law and trademark law and what this means in economic and policy terms.

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EDTX & NDTX Monthly Wrap-Up – November 2020: Texas Trials Come to a Halt

Fish & Richardson Trademark & Copyright Thoughts

COVID in the Courtroom – Texas Trials Come to a Halt. Following a mistrial in a Sherman, Texas courthouse, all four Federal Districts in Texas ordered continuances of their upcoming in-person jury trials. On November 17, Judge Mazzant granted a mistrial after several participants tested positive for COVID-19. [1] The trial began on November 2, but by the sixth day, one of the jurors informed the court that they had tested positive.

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FAQ - Can Employers Require Their Employees To Get Vaccinated?

GDB Firm Blog

As vaccines to prevent COVID-19 become more widely available and accepted, employers might be considering whether they can - or should - require their employees to get vaccinated, as a condition of employment. Here are some considerations.

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The Federal Circuit Reinforces the Breadth of the Printed Matter Doctrine

Bio Law Blog

Over the past decade, the “printed matter doctrine” has rarely been invoked in life sciences cases, but recently on Nov. 10, the Federal Circuit issued a decision in C R Bard Inc. et al. v. Angiodynamics, Inc. , No. 2019-1756, 2019-1934, 2020 WL 6573331 (Fed. Cir. Nov. 10, 2020), where it reviewed the applicability of the printed matter doctrine in the context of patent eligibility under 35 U.S.C. §101 and anticipation under 35 U.S.C. §102.

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Contract Negotiation Tips for Visual Artists

Art Law Journal

Steve Schlackman. What things should artists be negotiating as part of licensing or gallery contracts? We take a look at some of the most important along with a review of several standard provisions.