Creative Law Center
JANUARY 1, 2021
The CASE Act explained. A cost effective way to enforce copyright and fight infringement for small businesses, creatives, and entrepreneurs. The post Copyright Small Claims: How the CASE Act Works appeared first on Creative Law Center.
Erik K Pelton
JANUARY 27, 2021
A seaworthy ship has several elements that help it survive the challenges and unknowns of the ocean. Similarly, a protected brand and trademark must also have several key elements to ensure it can weather a storm. Listen as Erik explains the details from beachside on the Atlantic Ocean. The post Is your brand seaworthy? appeared first on Erik M Pelton & Associates, PLLC.
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Traverse Legal Blog
JANUARY 26, 2021
With the legalization of various forms of marijuana in some states, products involving Cannabidiol (CBD) and hemp have been rapidly entering the market, and businesses are seeking to protect their brands in this growing market. Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if t
Corsearch
JANUARY 28, 2021
For IP professionals and trademark owners, Brexit and the EU-UK Trade and Cooperation Agreement , agreed to on December 24, 2020, impacts both the right to access EU markets and the registration of trademarks. In this article, we examine what the Brexit deal will mean for IP professionals and trademark owners.
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?
Intellectual Property Office Blog
JANUARY 27, 2021
According to the DCMS, around 196,000 people work in Britain’s publishing industry. Evidence suggests that during lockdown, there has been an uptake in book sales of around 15% percent. Within that sector, crime fiction in particular is enjoying a new ‘golden age’. Gone are the whimsical creations of Dorothy L Sayers and Agatha Christie. ‘In’ are a hardboiled eclectic bunch of crime-solvers, many, but not all, from Scotland.
Art Law Journal
JANUARY 13, 2021
What do you do when your quote or rates aren't accepted? Our negotiation strategies will help artists and creatives sort out a tricky financial agreement. The post Should I Negotiate the Price of My Artwork? appeared first on Art Business Journal.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
JANUARY 26, 2021
The following is an edited transcript of my video “How Can You Avoid Losing Your Trademark Rights Over Time?” There are four things that a trademark owner should do to ensure that they don’t lose the strength or protection in their trademark, even after it’s registered. The first one, perhaps the easiest one, is use the ® R with a circle symbol frequently in connection with the registered trademark.
Biswajit Sarkar Copyright Blog
JANUARY 29, 2021
On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. The dispute emerged after Beverly Hills Polo Club (BHFP) owner Lifestyle Equities accused Amazon of infringing on its patent rights by allowing its licenced products to be listed on Amazon’s UK and EU websites.
Dear Rich IP Blog
JANUARY 31, 2021
Dear Rich: We are filming a travel series with a professional surfer highlighting important cultural and historic locations. One location is the beach where the ending for Planet of the Apes was filmed (the scene with the Statue of Liberty). We filmed the surfer re-enacting Charlton Heston beating the sand as was done in the original film. We'd like to use 20-30 seconds from Planet of the Apes.
IP Blog
JANUARY 29, 2021
In our fast-paced business world, it can be tempting to look for shortcuts wherever possible, including in the patent drafting process. While this impulse is understandable, if it comes at the cost of the quality of your patent application, such a strategy might backfire. Knowing the rules of the game and being aware that patent offices are leveraging artificial intelligence (AI) to expedite application reviews will be beneficial.
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.
Art Law Journal
JANUARY 26, 2021
Practicing good time management for artists can challenging, but is a must-do for juggling all your professional and personal activities, so you can focus on making art. The post Wait a Minute! Time Management for Artists appeared first on Art Business Journal.
Canadian Intellectual Property Blog
JANUARY 20, 2021
C.M. Callow Inc. v. Zollinger, 2020 SCC 45 This case is applicable to all types of contracts including those involving Intellectual Property. The duty of honest performance requires that parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of a contract. In a 5-3-1 split decision, the Supreme Court of Canada (the “SCC”) re-affirmed the duty of honest performance in a contract, formulated originally in Bhasin v.
Erik K Pelton
JANUARY 22, 2021
The following is an edited transcript of my video, What is a Disclaimer in a Trademark Filing? A request for a “disclaimer” from the USPTO is common during the application process, but for many it may not be clear exactly what a disclaimer means. A disclaimer, or a request for a disclaimer by the USPTO, means that particular wording in the mark is considered descriptive and that the applicant is being asked to essentially concede that that descriptive wording in the trademark is not
Biswajit Sarkar Copyright Blog
JANUARY 29, 2021
On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. The dispute emerged after Beverly Hills Polo Club (BHFP) owner Lifestyle Equities accused Amazon of infringing on its patent rights by allowing its licenced products to be listed on Amazon’s UK and EU websites.
Larson & Larson
JANUARY 10, 2021
Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. With a patent, an inventor can exclude competition by enforcing the patent, license the invention to other parties for royalty payments, sue for damages in the case of infringement, and sell the invention to a third party.
IP Blog
JANUARY 27, 2021
A trademark will last forever – but only if it is regularly renewed. Whether you have a large or small portfolio, it is essential to have a system to manage trademark and other records to avoid accidental loss of rights. Good record-keeping and attention to deadlines will ensure your valuable trademarks never expire.
Art Law Journal
JANUARY 5, 2021
Financial experts share tips and insights to help manage artist debt while budgeting for a creative business and lifestyle. The post A Guide to Eliminating Artist Debt and Sticking to a Budget appeared first on Art Business Journal.
Dear Rich IP Blog
JANUARY 5, 2021
Dear Rich: Which (if any) US postage stamp images are in the public domain? I have read that stamps issued prior to 1978 are in the public domain. Is this true? According to the Copyright Office , U.S. postage stamps issued before 1971 are definitely in the public domain. In 1971, the U.S. Post Office (a federal agency) became the U.S. Postal Service (an independent agency of the executive branch).
Erik K Pelton
JANUARY 4, 2021
The following is an edited transcript of my video Do Restaurants Need Trademark Protection ? Over the years I’ve had the fortune to work with a tremendous variety of businesses as clients, from accountants, to real estate agents, to software companies, to clothing companies, to bloggers and websites. But I have a soft spot for restaurant clients, and that’s because not only do I love food and love restaurants, but my wife and my brother-in-law are actually the owners of two local res
Biswajit Sarkar Copyright Blog
JANUARY 28, 2021
The government of Japan is taking into consideration the best way to regulate cosplay using copyright law protecting both the rights of the cosplayer and the owners of the relevant IP. Cosplay means costume play and is defined as the practice of dressing up as a character from a film, book, or video game and often depict their role and appearance. The main sources of such cosplay characters are from animation, comics, and graphic novels which are copyrighted by their writers.
Larson & Larson
JANUARY 10, 2021
Historically, the first person to invent something had the patent rights to the invention, regardless of when they filed their patent application. However, with the America Invents Act which went into effect in 2013, the United States’ patent system has switched to a “first-to-file” system. This means that the first person to file a patent application with the US Patent and Trademark Office (USPTO) claims priority, or ownership, over the invention.
IP Blog
JANUARY 22, 2021
If you are new to the field of Intellectual Property, you may need help understanding the thickets of jargon in legal documents and formal conversations. Here is a sampling of some of the most important terms you will encounter (and a few that are too intriguing not to mention). In addition, we have put together a comprehensive glossary that can help you further broaden the knowledge of this industry, available for download below.
Art Law Journal
JANUARY 14, 2021
Steve Schlackman. Picking a name for a business or product is one of the first steps for any new venture. However, many companies don’t register their trademarks during the start-up phase, usually waiting until a later time when sufficient cash is available if registered at all. That decision is a bit of a gamble. In reality, businesses […].
Canadian Intellectual Property Blog
JANUARY 6, 2021
Some of the most valuable inventions are software implemented methods. Many software methods are business method patents designed to make business more efficient. These include Artificial Intelligence (AI) / machine learning applications and Financial Technology (Fintech) applications. Software patents, historically, were not considered patentable. This is because mathematical algorithms (scientific principles and abstract theorems) are generally not patentable in Canada and computer programs we
Erik K Pelton
JANUARY 20, 2021
Different types of brand names – like Hotels.com and Travelocity – have different levels of protection. In this episode Erik explains the differences in strength of various trademarks, and shares why his favorite brand names are suggestive. The post Why Suggestive Brand Names Are the Best appeared first on Erik M Pelton & Associates, PLLC.
Biswajit Sarkar Copyright Blog
JANUARY 28, 2021
A new online platform has been launched aiming at brand owners by Stobbs, IP and brand law consultancy. The service called iaido provides data analysis to brand owners who wish to track the effectiveness of their trademark portfolio by blending real-time consumer purchasing patterns with their brand IP. The global drinks company AB InBev has also been enlisted.
Fish & Richardson Trademark & Copyright Thoughts
JANUARY 28, 2021
Firm earns a perfect score of 100 for LGBTQ-inclusive workplace policies and practices. Fish & Richardson has earned a 100% rating on the Human Rights Campaign Foundation’s 2021 Corporate Equality Index (CEI), a national benchmarking survey that assessed more than 1,000 companies on corporate policies and practices related to lesbian, gay, bisexual, transgender and queer (LGBTQ) workplace equality.
IP Blog
JANUARY 20, 2021
The Everyday IP blog series was triggered by a brainstorming session in which we realized how many people — including us, sometimes! — do not think about the connections between commonplace objects and the complexities of Intellectual Property. As we saw in the first installment , the links can be quite significant. Socks, of all things, factor into the early patent laws of the U.K., Europe and the U.S., and indirectly helped bring about the Industrial Revolution.
Art Law Journal
JANUARY 28, 2021
Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value. The post Estate Planning for Artists and Collectors appeared first on Art Business Journal.
GDB Firm Blog
JANUARY 29, 2021
Globs of sealant dripping from windows led to the litigation HTRF Ventures, LLC v. Permasteelisa North America Corp., First Department January 26, 2021 (discussed by Randy Heller in his blog). The owner could not invoke a latent defect insurance policy to fix the defect. That insurance is unavailable in the United States. Thus, the owner turned to the design-build curtain wall contractor to honor a post-completion warranty.
Erik K Pelton
JANUARY 12, 2021
Solid trademark protection takes time to build and strengthen. A creative name is the first step in the journey. In this episode, Erik details the multiple steps that businesses should consider to create, build, and nurture strong brands. The post Rome Wasn’t Built in a Day and Neither is Trademark Protection appeared first on Erik M Pelton & Associates, PLLC.
Biswajit Sarkar Copyright Blog
JANUARY 28, 2021
The government of Japan is taking into consideration the best way to regulate cosplay using copyright law protecting both the rights of the cosplayer and the owners of the relevant IP. Cosplay means costume play and is defined as the practice of dressing up as a character from a film, book, or video game and often depict their role and appearance. The main sources of such cosplay characters are from animation, comics, and graphic novels which are copyrighted by their writers.
Fish & Richardson Trademark & Copyright Thoughts
JANUARY 29, 2021
Fish is proud to be one of the participating firms in the COVID-19 Relief Coalition , and is honored that the Boston Bar Association has chosen the Coalition for its Empowerment Award. The BBA presented the Empowerment Award to the COVID-19 Relief Coalition at the Beacon Awards, which celebrate work that advances diversity, equity & inclusion, on January 28.
IP Blog
JANUARY 18, 2021
If you have just taken on the responsibility of serving as an IP counsel in a new organization, congratulations! You are in for an exciting ride, full of innovative projects and positive transformations. However, your early tenure in this position can also be hectic, particularly if you move too quickly without getting the lay of the land.
Art Law Journal
JANUARY 28, 2021
Nicole Martinez. Artists and collectors can minimize estate taxes on artworks by employing a planning strategy and understanding the complexities involved with assessing the work's fair market value.
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