July, 2020

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My trademark application received a ‘Notice of Allowance’ – now what?

Erik K Pelton

The following is an edited transcript of a video entitled, I received a Notice of Allowance, Now what? Understanding the Notice of Allowance, and what it means, is important for trademark applicants who file an “intent to use” application. An application filed under intent to use that gets approved by the USPTO initially, and then gets published in the public record without any opposition or extension filed, will then be issued what’s called a Notice of Allowance.

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Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter?

Trademark and Copyright Law Blog

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v. Booking.com B.V. In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness.

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How Much Money Can I Get from a Copyright Infringement?

Art Law Journal

Steve Schlackman. Registering your work with the U.S. Copyright Office is the most effective way to ensure you'll be fairly compensated in a copyright infringement lawsuit.

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Creative writing: A new chapter

Intellectual Property Office Blog

I love reading. It allows our imaginations to run wild and provides a sense of escapism from everyday life, which is so important in these uncertain times. It also helps us switch off from our mobile phones, TVs and dare I say it … our partners. Reading also provides a number of physical and mental health benefits such as reducing stress, alleviating depression and aiding sleep.

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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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Beer trademarks lead to litigation

Texas Intellectual Property Law Blog

Texas residents may have heard that a Massachusetts brewery is under pressure by Duke University to change its name over allegations that its name, Iron Duke, infringed on the university’s trademark. Although it’s important to defend a company or organization’s intellectual property, some companies can push the boundary lines with copyright litigation.

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Green Tech Patents - How Canadian Government is Helping the Process

Canadian Intellectual Property Blog

With the world beginning to reopen following the COVID-19 pandemic, many of us may be feeling a new mindfulness when it comes to the environment and the effects that our civilization has had on it. Similarly, with many inventors focusing on technologies that either help resolve or mitigate environmental impacts, or conserve the natural environment and resources that are present, perhaps it is a good time to turn our attention towards the intersection of patent rights and the environment.

More Trending

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“No one can own the law” – United States confirms copyright protection does not extend to works of legislators or judges

IP Whiteboard

On 27 April 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in Georgia Et Al v Public Resource Org, Inc. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. The decision extends the United States “government edicts doctrine” which embodies the principle that “no one can own the law”.

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Fair Use of Copyright Images in Your Blog

Art Law Journal

Nicole Martinez. Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits.

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Can Auto Company Use Same Name as Band?

Dear Rich IP Blog

Dear Rich: A musician friend of mine has had a musical project for 20+ years. He uses a name that he made up (not a real word) and he has included the name on several albums (on several different labels). He has achieved some international acclaim. Well, along comes a Korean automobile company, announcing that they have a new camper/car with the same name.

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Beer trademarks lead to litigation

Texas Intellectual Property Law Blog

Texas residents may have heard that a Massachusetts brewery is under pressure by Duke University to change its name over allegations that its name, Iron Duke, infringed on the university’s trademark. Although it’s important to defend a company or organization’s intellectual property, some companies can push the boundary lines with copyright litigation.

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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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Tips For Startups: How To Make Sure Your IP Is Working For You

Canadian Intellectual Property Blog

Two things that startups never seem to have enough of are: time and money. It can be difficult to carve out enough of both to properly identify, manage, and protect your intellectual property (IP). Your IP, including your patents, industrial designs and trademarks, is at the center of your company’s value. As a result, protecting your IP is crucial and will give your company the boost it needs to succeed in a competitive marketplace.

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The Palette for Building a Bold Brand

Erik K Pelton

Trademarks are more of an art than a science. In this video, I share some insights comparing the tools for building bold brands to palette of colors used by an artist. For more, see [link]. The post The Palette for Building a Bold Brand appeared first on Erik M Pelton & Associates, PLLC.

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Applications for a Rental Subsidy

GDB Firm Blog

Eligible New York households are able to fill out and submit their application for a rental subsidy via the New York state's website. Applications will be accepted during a two-week application period.

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Should An Artist Trademark Their Name?

Art Law Journal

Steve Schlackman. Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. A trademark may be the answer.

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Confirmed Booking: Booking.com secures trade mark registration in the United States

IP Whiteboard

On 30 June 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in United States Patent And Trademark Office, Et. Al, Petitioners v. Booking.Com B.V. This decision considers whether booking.com is protectable as a trade mark in the United States. The United States Patent and Trademark Office ( USPTO ), who had rejected the trade mark application for booking.com , argued that booking.com is a generic name for online hotel-reservation services and that, as a rule

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Patents help protect novel inventions

Texas Intellectual Property Law Blog

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. It prevents other people from creating an identical product for use, for sale or for profit. The patent is supposed to be internationally recognized, but that may be hard to enforce.

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The Right of Publicity’s Place in Intellectual Property Law

Chicago-Kent Intellectual Property Journal Blog

By: Cameron Verbeke A longstanding feud between the NCAA and its student-athletes may finally be coming to an end. Recently, the NCAA Board of Governors’ voted to recommend that student-athletes be allowed compensation for use of their name and likeness. [1] This battle has frequently come through litigation in … The post The Right of Publicity’s Place in Intellectual Property Law appeared first on Chicago-Kent | Journal of Intellectual Property.

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The palette for building a bold brand

Erik K Pelton

As I discuss in depth in Building a Bold Brand , there are a variety of tools that can be used to make strong, creative, unique and brand names. they are the palette for building a bold brand: The post The palette for building a bold brand appeared first on Erik M Pelton & Associates, PLLC.

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?2021 Fiscal Year Property Taxes Will Have Lowered Interest Rates

GDB Firm Blog

Two bills have been passed by New York City Council and signed into law by Mayor Bill de Blasio, which allow property owners to defer the payment of real estate taxes due during the pandemic. The bills provide certain property owners the ability to defer real property tax bills at a lower interest rate for certain commercial properties and without interest for certain residential properties whose owners were adversely affected by the COVID-19 pandemic.

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NEVER Means Forever, Until it Doesn’t

DuetsBlog

Never is supposed to last forever. Forever is never supposed to come to an end. Neither are possible to measure in time, for as long as they continue to be true. The wait for either to fail, can last for an infinite period of time, until they collide. We have witnessed such a collision during the past week in our Nation’s Capital. Despite majority owner Daniel Snyder’s 2013 promise to “NEVER “ change it , the Washington R*dskins NFL franchise team name is about to become history.

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Large entity, small entity or micro-entity: which type of patent applicant are you?

IP Spotlight

When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 50%. Applicants who are micro entities can reduce certain fees by 75%. An applicant who is neither a small entity nor a micro-entity is considered to be a large entity and must pay standard fees.

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Patents help protect novel inventions

Texas Intellectual Property Law Blog

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. It prevents other people from creating an identical product for use, for sale or for profit. The patent is supposed to be internationally recognized, but that may be hard to enforce.

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The Role of the American Trademark in the 21st Century

Chicago-Kent Intellectual Property Journal Blog

By: Adam Grodman I. Introduction The term “trademark” includes any word, name, symbol, or device, or any combination thereof used by a person to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, … The post The Role of the American Trademark in the 21st Century appeared first on Chicago-Kent | Journal of Intellectual Property.

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8 Brand Tips for the Age of Corona Virus and Any Challenging Times

Erik K Pelton

Listen to this podcast and to Erik reflecting on how individuals and his clients are handling this crisis and receive his special free eBook download offer. Free eBook: Brand Management Tools During and After a Crisis. [link]. The post 8 Brand Tips for the Age of Corona Virus and Any Challenging Times appeared first on Erik M Pelton & Associates, PLLC.

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PPP Loan Program Extended

GDB Firm Blog

With well over $130 billion of unused Small Business Administration ("SBA") guaranty authorization, out of $658 billion approved by Congress, Congress voted last week to extend the SBA's authority to guarantee Paycheck Protection Program loans through August 8. The President signed the extension on July 4. The SBA has not issued rules on the extension, but we anticipate that there will be no major changes.

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USPTO Trademark Fee Increases Proposed

Erik K Pelton

Several different fee changes and penalty have been proposed by the USPTO and are certain to happen. Listen to Erik explaining what they are and what to expect. The post USPTO Trademark Fee Increases Proposed appeared first on Erik M Pelton & Associates, PLLC. Several different fee changes and penalty have been proposed by the USPTO and are certain to happen.

Trademark 100
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What is an “Extension of Time to Oppose” a trademark application at the USPTO?

Erik K Pelton

When an application gets approval from the US Patent and Trademark Office, the next step is for it to be published in what’s called the Official Gazette, which used to be an actual physical publication, but now it’s just an online publication. Every week, hundreds or thousands of approved trademark applications are published in this Official Gazette.

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Trademark News Roundup for July 2020

Erik K Pelton

Did you know that filing statistics are actually up? How about the fact that the Washington Redskins are changing their name? In this podcast, Erik shares some important and fascinating trademark news you ought to hear about. The post Trademark News Roundup for July 2020 appeared first on Erik M Pelton & Associates, PLLC. Did you know that filing statistics are actually up?

Trademark 100
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Introduction to Copyright Law

Chicago-Kent Intellectual Property Journal Blog

By: Adam Grodman I. Introduction to Copyright Law Every day, millions of people interact with copyrighted material. Copyright law has been around since at least 1710, when Britain enacted the Statute of Anne. [1] The invention of the printing press spurred the need to protect authors and publishers from … The post Introduction to Copyright Law appeared first on Chicago-Kent | Journal of Intellectual Property.

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The Tenant Safe Harbor Act Provides Relief to Residents Who Cannot Pay Rent Due to the Pandemic

GDB Firm Blog

While the court-imposed moratorium on all evictions is still in effect, the recently adopted Senate Bill S8192B (the "Tenant Safe Harbor Act") provides specific relief for residential tenants who cannot pay rent that accrued or becomes due during the COVID-19 covered period.

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How Do I File New Cases or Documents in the Re-Opened Courts?

GDB Firm Blog

This Q&A clears up some of the inconsistencies between the Court's website and GDB's experience navigating the newly re-opened courts.

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Booking.com Court Decision: Consumer Perception is "Key" in Trademark Law

GDB Firm Blog

Yesterday, the United States Supreme Court issued a decision in the Booking.com case.

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Details on USPTO’s trademark fee increase proposal – public comments due by August 3rd

Erik K Pelton

A few weeks ago, the USPTO published a Notice of Proposed Rulemaking to adjust fees for trademark filings. The proposed adjustments include many fee increases, as well as some new fees. Last fall, I spoke and wrote about the preliminary proposal. The update proposal features some modifications, but I still believe it will disproportionately impact small businesses, and I still believe the USPTO ought to provide more detail about its budget needs and in particular its IT troubles.

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