Erik K Pelton
SEPTEMBER 2, 2020
There are several critical questions you should ask your trademark lawyer before hiring their services. In this podcast Erik shares some of these important questions. Listen and avoid some of the key mistakes. The post Questions to Ask Your Trademark Lawyer appeared first on Erik M Pelton & Associates, PLLC. There are several critical questions you should ask your trademark lawyer before hiring their services.
WIPO Magazine
SEPTEMBER 15, 2020
In 2019, Dr. Akira Yoshino was awarded the Nobel Prize for his work in inventing the world’s first lithium-ion battery. Dr. Yoshino talks about the challenges he overcame in developing lithium-ion batteries and the role that strategic use of patent rights has played in the commercialization of these power packs.
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IP Blog
SEPTEMBER 30, 2020
Intellectual Property rights (IPRs) are generally known as "negative rights" because the owner enforces them by stopping third parties from exploiting the rights' subjects. An IPR is typically infringed when a third party performs an act that is legally restricted to either the owner of the IPR or a person who has the owner's permission to exploit the right (a licensee).
Sander Law
SEPTEMBER 21, 2020
Trademark Examiner Reports: Common Objections. The objections raised by a Trademark Examiner generally fall into one or more of the following categories: Goods & Services Statement. One common objection is that the listing of products and/or services sold under the trademark are not described in "ordinary commercial terms". These objections may be overcome by submitting an amendment to the goods and services statement.
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?
Art Law Journal
SEPTEMBER 29, 2020
Steve Schlackman. A team of scientists, programmers and historians have created an algorithm that created a physical work of art that mimics the look of a genuine Rembrandt painting. But can a computer generated work have copyright protection?
Traverse Legal Blog
SEPTEMBER 23, 2020
By now, most celebrities are used to being captured in photos by the paparazzi and other professional photographers. But something that celebrities may not be used to is facing copyright infringement claims for reposting such photos to their personal Instagram accounts. The Houston Texans’ QB Deshaun Watson is the latest in a string of celebrities to be sued for copyright infringement by posting photos of himself to his official Instagram account.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
WIPO Magazine
SEPTEMBER 15, 2020
Meet WIPO’s first Intellectual Property (IP) Youth Ambassador, award-winning writer, Santiago Mena López. The young author talks about his novel and shares his views about the importance of IP to creators and the need to raise IP awareness among young people.
IP Blog
SEPTEMBER 8, 2020
In the 1880s, Thomas Edison used his patent of the electric light bulb as collateral to secure the capital for the foundation of General Electric. There is no question that patents have become one of the leading sources of wealth globally. So, let us talk about assets for a moment, particularly intangible ones, which can provide long-term benefits to a business.
Sander Law
SEPTEMBER 8, 2020
Trademarks: Descriptiveness Objection. One potential objection an Examiner may raise in an Examiner Report is that the applied for trademark is either: 1) clearly descriptive of the products or services sold under the trademark; or. 2) deceptively misdescriptive of the products or services sold under the trademark. Clearly Descriptive. The rationale for not allowing clearly descriptive marks is that it would give one person or company a monopoly over a word or phrase that other businesses should
Art Law Journal
SEPTEMBER 9, 2020
Steve Schlackman. Many people think if they pay for creative work, they own the copyright but as you'll see in this article, that isn't always the case.
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.
Dear Rich IP Blog
SEPTEMBER 30, 2020
Dear Rich: If a movie falls into the public domain, are all of the individual images in it also public domain? What if the image is of a movie star? Yes, you are free to copy the individual frames or images from a public domain movie without permission. Film elements such as music or promotional photos are also usually public domain as well although, on rare occasions, they may be under separate copyright.
Erik K Pelton
SEPTEMBER 28, 2020
When a trademark application is “approved for publication,” it is good news. But it also means that the application has not yet reached the final conclusion. In this podcast Erik explain the long and winding road process towards getting your trademark fully approved, and the “publication” stop along the way. The post What does it when a USPTO trademark application is “Approved for Publication”?
WIPO Magazine
SEPTEMBER 15, 2020
Francis Gurry reflects on his experience over the past 12 years at the helm of the World Intellectual Property Organization (WIPO) and discusses some of the major challenges that lie ahead for the international intellectual property (IP) community.
Canadian Intellectual Property Blog
SEPTEMBER 30, 2020
The Federal Court in a recent decision found a wide-reaching examination practice respecting purposive construction that was introduced by The Canadian Intellectual Property Office (CIPO) 7 years ago, to be against principles of purposive construction set forth by the Supreme Court and damaging to the prosecution of patents in several technology areas.
IP Blog
SEPTEMBER 22, 2020
More than two years ago, Romanian legislators introduced the initial draft of Law 112 in an effort to integrate the European Union (EU) 2015 Trademark Directive (Directive 2015/2436) with national law. Although implementation took longer than anticipated, which spurred the European Commission (EC) to warn of possible penalties in early July 2020, Romanian lawmakers worked hard to ensure the directive's transposition, completing this task on July 13.
GDB Firm Blog
SEPTEMBER 30, 2020
A court will not strike a mechanic's lien, no matter how bogus, so long as it appears to be valid on its face. This continues to be one of the most vexing elements of the NY Lien Law.
Dear Rich IP Blog
SEPTEMBER 21, 2020
Dear Rich, I wrote a book as part of my employment. While others did provide input, no one else actually wrote any of the content. My employer is requiring that they be listed as the second author. They are also requesting that only they are listed on the copyright. As I understand it, this is a work for hire situation, so they of course should be on the copyright.
Erik K Pelton
SEPTEMBER 23, 2020
Some may think that it is pretty straight forward to file a trademark application. You may want to think twice after listening to this episode. The post The Many Pieces of a UPSTO Trademark Application appeared first on Erik M Pelton & Associates, PLLC. Some may think that it is pretty straight forward to file a trademark application. You may want to think twice after listening to this episode.
WIPO Magazine
SEPTEMBER 15, 2020
Amid the economic turmoil triggered by the COVID-19 pandemic, the 2020 edition of the GIobal Innovation Index explores the question of who will finance innovation? Sacha Wunsch-Vincent, Senior Economist at WIPO and co-editor of the report, discusses some of its key findings.
Canadian Intellectual Property Blog
SEPTEMBER 24, 2020
For a non-infringing alternatives defence to be successful, each component of the test for the defence must be established. In Apotex Inc. and Apotex Pharmachem Inc. v. ADIR and Servier Canada Inc. (F.C.) (Civil) (By Leave) the Supreme Court of Canada (“SCC”) dismissed an application for leave to appeal brought by Apotex Inc. and Apotex Pharmachem Inc.
IP Blog
SEPTEMBER 18, 2020
Employ your Intellectual Property (IP) assets' value to finance further innovation and, while creating new IP values, lay the foundation for the next funding. The Global Innovation Index 2020 shows the importance of obtaining venture capital from investors.
GDB Firm Blog
SEPTEMBER 29, 2020
New York City indoor pools, except spa pools (whirlpools and hot tubs) located in gyms and fitness centers, are permitted to re-open tomorrow, September 30, 2020, provided they meet the NYC and NYS Department of Health guidelines.
Dear Rich IP Blog
SEPTEMBER 16, 2020
Dear Rich: A company in Florida filed a trademark on "Louise Brooks" and has used that to remove all Louise Brooks items off of Etsy in order for its company to sell its own Louise Brooks products. My understanding is that all publicity photos taken back in the 1920s and 1930s were never copyrighted, therefore, in the public domain, especially if the photographer is unidentified.
Erik K Pelton
SEPTEMBER 22, 2020
For more on Building a Bold Brand , see my recently published book. An unregistered trademark is unprotected, unfulfilled, and undervalued. For more Peltonisms®, see [link]. The post Peltonism: an unregistered trademark is unprotected, unfulfilled, and undervalued appeared first on Erik M Pelton & Associates, PLLC.
DuetsBlog
SEPTEMBER 8, 2020
Welcome back to another edition of Merely Informational and Incapable Marks. The above neighborhood Applebee’s is on my usual route to going anywhere from our home, so I’m predicting I’ve passed by well more than 10,000 times. The temporary “Dining Room Open” signage is a recent addition from a few months ago, when Minnesota restaurants began to re-open their dining rooms.
Canadian Intellectual Property Blog
SEPTEMBER 16, 2020
This article is part of a series on commonly held misconceptions about patents. Many prospective patentees often have unfounded reservations about patenting their inventions. The aim of this series of short articles is to debunk these common myths around patent protection. Patent Myth #4: Even if I publicly disclose my invention, I can still get a patent application filed by the 12-month mark from the disclosure, without any repercussions.
IP Blog
SEPTEMBER 2, 2020
Among the many varieties of Intellectual Property, software certainly stands out as one of the most challenging types of creations to protect. This is true in numerous countries, but especially in the United States. Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Copyrighting, meanwhile, only offers partial coverage for the exact source code, while other types of IP protection simply do not apply.
GDB Firm Blog
SEPTEMBER 25, 2020
Our clients have recently experienced an uptick in problems with real estate documents that were either incorrectly or "secretly" recorded against property in the New York City Register's office. Problems arising from such recordings were discovered years after the documents were recorded, when solving the problems had become difficult.
Dear Rich IP Blog
SEPTEMBER 11, 2020
Dear Rich: I am an independent artist, possessing all of my songs and sound recording material. For uploading my music to Spotify and other platforms I use a music distribution company called Tunecore, which states ''Keep 100% of your sales revenue & copyrights''. If I want to have a Sync Licensing for a TV or movie of one of the music that I licensed to the TuneCore service, would I have any problem or reduction of my percentage?
Erik K Pelton
SEPTEMBER 21, 2020
Watch this brief (under 3 minutes) video explain what a trademark ” disclaimer” is and what they mean in trademark applications and registrations. For more videos and information about trademark protection, see www.ErikPelton.com, or listen to Erik’s podcast at www.ErikPelton.com. The post What is a “disclaimer” in a trademark filing?
Erik K Pelton
SEPTEMBER 18, 2020
The following is an edited transcript of my video, TEAS PLUS Trademark Application vs TEAS STANDARD. One question that comes up a lot when people go to file a trademark application at the USPTO (US Patent and Trademark Office) is TEAS PLUS versus TEAS STANDARD application forms. This is pretty technical information, but it’s also quite important, because it affects not only the cost of the application in terms of the government filing fees, but the filing requirements and the way that the
Erik K Pelton
SEPTEMBER 15, 2020
The following is an excerpt from my book, Building a Bold Brand. To learn more about the book, visit www.buildingaboldbrand.com. . There are FIVE basic types of marks. In descending order, from those with. the most protection to the least, they are: Coined: Completely new and made-up terms, such as Exxon® for. oil and gas and Kodak® for film and cameras.
Erik K Pelton
SEPTEMBER 14, 2020
If Apple does not use the ® with their trademark why should you? In this video Erik presents the pros and cons of using your registration symbol with your trademarks, when eligible. The post Do I need to use the ® registration symbol with my trademark? (video) appeared first on Erik M Pelton & Associates, PLLC.
Erik K Pelton
SEPTEMBER 11, 2020
Registration is the ultimate ‘level up’ in the game of trademark protection. The post Registration is the ultimate ‘level up’ in the game of trademark protection appeared first on Erik M Pelton & Associates, PLLC.
Erik K Pelton
SEPTEMBER 10, 2020
As all businesses face some level of crisis right now due to COVID-19, Erik shares some keys for brands and businesses to navigate these choppy waters. For more details and the checklist, see [link]. The post A brand management checklist for time of crisis appeared first on Erik M Pelton & Associates, PLLC.
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