Sat.Jun 26, 2021 - Fri.Jul 02, 2021

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An influencer essentially is a brand, and should be protected with trademark filings

Erik K Pelton

The number of influencers who generate significant revenue, sometimes millions of dollars, stemming from their personal brand and yet have never filed for trademark registration is astonishing. The post An influencer essentially is a brand, and should be protected with trademark filings appeared first on Erik M Pelton & Associates, PLLC.

Branding 130
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Copyright Ownership in State Board Textbooks: Impediments to Accessibility

SpicyIP

Image from here. Although education has the potential to be a significant leveller of inequalities, online education because of the pandemic, has brought into stark relief the digital divide and widening socio-economic inequalities in India. Of late, there have been multiple reported cases of suicides by students (see here and here ) on account of lack of access to the means of education.

Ownership 133
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Do you Tell the PTO that the Disclosed Embodiments are Merely Prophetic?

Patently-O

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.

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Carpmaels & Ransford sued for missed appeal deadline

The IPKat

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.

Patent 127
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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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7 Keys to Branding Success

Erik K Pelton

There are seven letters in the word “success”, and in this episode former USPTO examiner Erik revels seven keys to branding success for a business’ trademark. For more details and the accompanying visual, see [link]. The post 7 Keys to Branding Success appeared first on Erik M Pelton & Associates, PLLC. There are seven letters in the word “success”, and in this episode former USPTO examiner Erik revels seven keys to branding success for a business’ trademark.

Branding 100
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Modularity and Intellectual Property Rights: A Strategic Consideration

Kashishipr

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.

More Trending

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[Sponsored] USPTO and LexisNexis Reed Tech Extend Their 50-year Partnership with a New 10-year Deal

SpicyIP

We’re pleased to carry an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. For further details, please see the announcement below: USPTO and LexisNexis Reed Tech Extend their 50-year Partnership with a New 10-year Deal.

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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

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.

Fair Use 101
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Sports & Entertainment Spotlight: The Dawn of the NIL Era in College Sports

JD Supra Law

Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the National Collegiate Athletic Association (NCAA) Board of Directors agreeing this week (Wednesday, June 30) to waive enforcement of its prohibition against collegiate athletes making money off of their NIL rights (their fame) amid interim guidance to schools, we find ourselves.

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Bald-Faced Attempt to Manipulate Venue Rejected

Patently-O

by Dennis Crouch. In re Samsung Electronics Co., LTD ( Fed. Cir. 2021 ). The Federal Circuit has again granted mandamus and ordered Judge Albright to transfer two cases case out of his W.D.Tex. court to a more convenient forum (N.D.Cal.). The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics.

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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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The Senate Bill C-10 Debate Concludes: “I Don’t Think This Bill Needs Amendments. It Needs a Stake Through the Heart.”

Michael Geist

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.

Editing 98
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Texas Supreme Court Ruling is Further Proof that Congress Must Abrogate Sovereign Immunity

Copyright Alliance

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.

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The UK must find a way to align CPTPP and EPO grace period regimes - or maybe not

IAM Magazine

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.

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Word on the street: graffiti and IP

Managing IP

With the interplay between street art and IP hitting headlines recently, Rebecca Newman of Stobbs runs through what the law says and what artists (and brands) need to know

IP 98
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The CRTC “Will Be Picking Winners and Losers”: A Report on Day Two of the Senate Bill C-10 Debate

Michael Geist

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.

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Podcast: Photography, Art & Copyright with Eric O’Connell

The Illusion of More

In this episode, I talk to art and commercial photographer Eric O’Connell, who is also an associate professor of practice at Northern Arizona University. We talk about his work, about photography in general, his students, and of course copyright. O’Connell’s photo recently won Off the Clock 2021 Best in Show from American Photographic Artists (APA). […].

Art 97
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Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes

SpicyIP

We are pleased to bring you a guest post from Rounak Doshi, discussing the position of law on arbitrability of trademark disputes in light of Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. Rounak is a 2nd year student at NLIU Bhopal. Our previous posts on questions of IPR and arbitration can be viewed here.

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Once Again, Generic Computer Systems That Do Routine Functions are Not Patentable!

The IP Law Blog

Patents protect inventions. However, patents protect only certain inventions. In order to be patentable, an invention must fall within one of four categories of patent-eligible subject matter: articles of manufacture, machines, processes, and compositions of matter. 35 U.S.C. §101. There are some things that are not patentable (i.e. are patent-ineligible subject matter): laws of nature, natural phenomena, and abstract ideas.

Patent 95
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Challenging the Validity of a Patent: The Supreme Court Minerva Decision

More Than Your Mark

The Supreme Court of the United States recently held in the case of Minerva Surgical, Incorporated v. Hologic, Incorporated that the doctrine of assignor estoppel (a rule that prevents people who assign their patents to a company from then challenging the validity of their patent) is alive and well, but subject to certain important exceptions. The Validity of a Patent.

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Here’s How All Kinds of Innovators are Using Raspberry Pi Right Now

IP.com

Raspberry Pi is a low-cost computing solution originally developed to get kids excited about programming and digital making. Since the itty-bitty computer launched in 2012, its popularity has expanded well. The post Here’s How All Kinds of Innovators are Using Raspberry Pi Right Now appeared first on IP.com - IP Innovation and Analytics.

IP 86
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Assignor Estoppel Persists — But Only for Claims Specifically Assigned

Patently-O

by Dennis Crouch. Minerva Surgical Inc. v. Hologic Inc. ( Supreme Court 2021 ). In my property law course, I spend a good bit of time walking through post-conveyance rights and obligations. What warranties are are promised to the buyer? Do these need to be express or may they be implied? Can you disclaim the warranties by selling via quitclaim deed or “as is”?

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Getting your Trademark in Japan

IP and Legal Filings

With the highly developed economy in the world, Japan sets itself apart as the global center of a technologically advanced country. As per the data released by IMF and World Bank, Japan is the third-largest economy in the world by nominal GDP and fourth-largest in terms of purchasing power parity. It’s the world’s second-largest developed economy. With such huge economic power, Japan also plays a leading role in the organization such as G7 and G20.

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Decision in Photographer Jim Olive’s Case Confirms What We Already Knew

The Illusion of More

“Congress, however, barely considered the availability of state remedies for patent infringement and hence whether the States’ conduct might have amounted to a constitutional violation under the Fourteenth Amendment. It did hear a limited amount of testimony to the effect that the remedies available in some States were uncertain. The primary point made by these […].

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How to Search for Existing Patents

IP.com

Whether you’re an inventor trying to grow a startup or part of a research and development team at an established organization, existing patents will impact how you approach innovation. Patented. The post How to Search for Existing Patents appeared first on IP.com - IP Innovation and Analytics.

Patent 78
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PTO Director Review Process following Arthrex

Patently-O

by Dennis Crouch. The USPTO has released some implementation information for Arthrex. In its decision, the Supreme Court held that the USPTO Director has power to review any IPR decision by the PTAB. The Agency’s basic approach is as follows: At times, the PTO Director might initiate review of an IPR Decision sua sponte. This is unlikely. A party may request review of a final written decision for an IPR/PGR.

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[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (July 1 – October 31) [Register by August 31]

SpicyIP

We’re pleased to inform you that a free online course on intellectual property starting on 1 st July 2021 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Assistant Professor of Law, in-charge of the IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Join the Online Course on Intellectual Property.

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When the movie is derived from a literary classic—are you an “All-In”, or a “Well, Maybe”, viewer?

The IPKat

People create books, or movies, to be read, or viewed, by others. For sure, a handful write for their own pleasure, keeping their literary output out of sight in a drawer. But they are a rare breed. For the rest, the reader is an essential element in the author’s creative activity. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer.

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AI is Living Up to Expectations, Just Not How We Thought It Would

IP.com

In the early years of AI, computer scientists believed that artificial intelligence would soon match “the general intelligence of an average human being” and maybe even replace subject matter experts, The post AI is Living Up to Expectations, Just Not How We Thought It Would appeared first on IP.com - IP Innovation and Analytics.

IP 75
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CNIPA clamps down on ‘abnormal’ application practices in fresh drive for patent quality

IAM Magazine

Following a surge in patent filings, the China National IP administration has released a notice and draft measures, which aim to dampen the enthusiasm of opportunistic domestic filers, divert the focus of patent filers and practitioners from quantity to quality and encourage innovation.

Patent 98
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Celebrating America’s Independence through Music and Copyright

Copyright Alliance

As most are aware, the Fourth of July is the celebration of the political separation of the 13 original American colonies from England, which was marked by the signing of […]. The post Celebrating America’s Independence through Music and Copyright appeared first on Copyright Alliance.

Music 75
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@TheBlakeMorgan Interview on the American Music Fairness Act Launch and #IRespectMusic–MusicTechPolicy

The Trichordist

Chris Castle interviews Blake Morgan on the launch of the American Music Fairness Act.

Music 98
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Logo Battles in Fashion Forever

SpicyIP

We’re pleased to bring to you a guest post by Tanya Saraswat. Tanya is a 3rd year BBA LLB student at Kirit P Mehta School of Law, NMIMS, Navi Mumbai. Logo Battles in Fashion Forever. Intellectual property rights, including trademarks, patents and copyright, protect the innovations and inventions of creators from other companies or individuals.

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73% of Trade Secret Suits Now Contain Federal Claims; 74% of Merit Judgements Result in Injunctions

IP Close Up

Despite the increasing value of intellectual property in general, and trade secrets in particular, suits filed have remained remarkably steady over the past several years. Continue reading.

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The Law Bytes Podcast, Episode 94: Former CRTC Vice Chair Peter Menzies Reflects on the Battle over Bill C-10

Michael Geist

The Liberal government strategy to push through Bill C-10 bore fruit last week as the controversial Broadcasting Act reform bill, received House of Commons approval at 1:30 am on Tuesday morning. Bill C-10 proceeded to receive first reading in the Senate later that same day and after a series of Senate maneuvers, received second reading from Senator Dennis Dawson the following day.

Law 63
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District of Delaware Denies Defendant’s Motion for Further Construction of Previously Construed Claim Term in Dispute But Leaves Door Open that It May Further Construe the Same Term Again Before or During Infringement Trial

Delaware Intellectual Property Litigation Blog

By Memorandum Order entered by The Honorable Maryellen Noreika in Sentient Sensors, LLC v. Cypress Semiconductor Corp. , Civil Action No. 19-1868-MN (D.Del. June 24, 2021), the Court denied Defendant Cypress Semiconductor Corporation’s motion seeking further construction of the claim term “embedded” which appears in numerous claims of the patent-in-suit, U.S.

Copying 66