Sat.May 01, 2021 - Fri.May 07, 2021

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How to Monitor for Trademark Infringements

Erik K Pelton

The following is an edited transcript of my video, How to Monitor for Infringements. In the past, you’ve heard me talk about some of the ways to keep a trademark strong over time and some of the things that brand owners must do with their trademarks even after they’re registered. One of those important tips is to monitor for infringements.

Trademark 130
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Patent Assertion Entities: A Boon or a Bane?

Kashishipr

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition. It is what gets in easy money and therefore, often termed as a ‘patent shark,’ ‘dealer,’ ‘marketer,’ or ‘pirate.’ A patent troll operation may

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Closing the loop on your feedback

Intellectual Property Office Blog

We ask our customers to provide us with feedback so we can improve our services. But you may feel that once you’ve provided us with your feedback, you often don't find out what we did or how we used it to help us make improvements. We want to give you an insight into how we ‘close the loop’ on your feedback to show you why providing us with feedback is so important.

Designs 96
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District Court Denies Defendant’s Motion for Attorney’s Fees Even After Granting Clear Summary Judgment on Noninfringement Grounds

The IP Law Blog

In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc. , 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” .

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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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Bold Brands Are Like Bees to Pollinate Marketing

Erik K Pelton

What does bee pollination have to do with marketing? In this episode, Erik explains this analogy and details you should consider to better pollinate your brand and marketing initiatives. The post Bold Brands Are Like Bees to Pollinate Marketing appeared first on Erik M Pelton & Associates, PLLC. What does bee pollination have to do with marketing?

Branding 100
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Warner Bros. Seeks to Muzzle Rin Tin Tin Lawsuit

Copyright Lately

The studio argues that a complaint seeking an accounting of profits from its planned Rin Rin Tin film doesn’t arise under the Copyright Act. Here’s a quick update on a case I first wrote about back in November involving Rin Tin Tin. He’s the canine film and television star made famous in the 1920’s, which makes him nearly 700 if you’re counting in dog years.

More Trending

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What is Blockchain Technology ?

Biswajit Sarkar Copyright Blog

A Blockchain is a digital ledger that tracks assets in a business network. An asset can be tangible (cash, land, car) or intangible (patent, copyright, trademark). On a blockchain network it becomes possible to track and trade any asset in a risk free and cost saving method. Importance of Blockchain. Accurate information is crucial to run a business.

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Branding Due Diligence – Make it or Break it

Selvam & Selvam Blog

“Buyers make most decisions by relying on their two-second first impressions based on stored memories, images and feelings.”. – Malcolm Gladwell, Blink: The Power of Thinking Without Thinking. Most of us know intuitively that first impressions are important. We don’t like to think that we judge a book by its cover or a person by what they are wearing, but the reality is that we often do.

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How Important Is Reading the Terms of Service?

Art Law Journal

Terms of Service lay out the rules for using a website and those rules aren’t always in your favor. Maybe, instead, you should be asking yourself if you still want to maintain the exclusive rights to your art? That may sound severe but it is something people need to consider, especially for sites like Flickr, […]. The post How Important Is Reading the Terms of Service?

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US backs COVID-19 IP waiver

Managing IP

Despite concerns from the pharma industry, the Biden administration sides with waiving IP rights to vaccines

IP 98
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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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What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain.

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Logo Branding Challenges In The Pharmaceutical And Healthcare Industry

Corsearch

Companies have used IP branding techniques such as word marks and logos for many decades as a means of achieving a competitive advantage. While all potential trademarks face similar challenges in terms of development and registration, there are several unique issues facing those developing new brands in the pharmaceutical sector. The differences in regulations of marketing and selling drugs mean that many of the traditional strategies used to market consumer goods are not acceptable when it come

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How Important Is Reading the Terms of Service?

Art Law Journal

Steve Schlackman. Terms of Service lay out the rules for using a website and those rules aren’t always in your favor. Maybe, instead, you should be asking yourself if you still want to maintain the exclusive rights to your art? That may sound severe but it is something people need to consider, especially for sites like Flickr, […].

Art 52
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Lights, Camera, Action: Why Non-Competes Should Be Banned in the Broadcasting Industry

JIPEL Copyright Blog

“Imagine getting in your car in the morning and switching the radio to your favorite morning station to listen to the familiar voices of personalities you listened to for years. Inexplicably, you find that they are gone and that switching to other stations feels unsatisfying. You are left driving to work in silence, without the laughter to which you have become accustomed.

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What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain.

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Scale models and intellectual property: does size matter?

Garrigues Blog

Nothing is lost beforehand when it comes to defending intellectual property rights from small or large-scale reproductions of a product. The scope of protection and the scenarios in which you can enjoy such protection will depend on the type of IP rights on which you rely. Think for example of a handbag by a well-known clothing brand. What would happen if a third party were to decide to make a replica miniature of the original handbag including the brand, to sell it as a toy accessory for dolls?

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How to Ace Your Creative Job Interview

Art Law Journal

So you've landed an interview for a dream job. Learn more about successfully applying to creative jobs with these proven interview strategies. The post How to Ace Your Creative Job Interview appeared first on Art Business Journal.

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The Real George Costanza and the Right to Privacy

JIPEL Copyright Blog

This past fall, I started watching one of the most successful TV shows ever made : not Game of Thrones , not Breaking Bad , but Seinfeld. The show follows comedian Jerry Seinfeld and his three friends: Cosmo Kramer, Elaine Benes, and George Costanza. George was instantly my favorite. He’s short, stocky, bald, dramatic, and incredibly unlucky with women and work.

Privacy 52
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What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain.

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Supreme Court to Decide Fate of Assignor Estoppel

IP Intelligence

In Hologic, Inc. v. Minerva Surgical, Inc. (Fed. Cir. April 22, 2020), the Federal Circuit declined the “invitation to ‘abandon the doctrine’ of assignor estoppel” and, after concluding that the district court did not abuse its discretion in applying the doctrine, affirmed the district court’s grant of summary judgment of no invalidity. Opinion at 16, 18.

Patent 52
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Does Gordon v. Drape really mean what it says about explicit misleadingness?

43(B)log

Testing Gordon v. Drape with the paintings of Tom Sachs, some of which reproduce famous product labels in their entirety (or nearly so). The introduction to the coffee table book I just bought says, From Reese’s Peanut Butter Cups and Snickers bars to images of American flags and Air Force One, Sachs takes familiar brands, symbols, and commodities as his subjects.

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Trademark Modernization Act: how in-house are preparing

Managing IP

Counsel from Coty, Conair and two other companies reveal how the Trademark Modernization Act will shape clearance and enforcement strategies

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Trademark War for THE. Can it be Trademarked?

Biswajit Sarkar Copyright Blog

Battle for -“THE”! The Word “THE” is a very important word used in the English language without which any sentence would be incomplete. However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

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Can the U.S. Government Use Patents to Address the Coronavirus?

JIPEL Copyright Blog

Last semester I worked with NYU Law’s Technology Law and Policy Clinic to publish a Guide to Government Patent Use under 28 U.S.C. § 1498. The Guide explains how, with very few procedural hurdles and little administrative fanfare, the U.S.

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Tootsie Pups

43(B)log

Acquired from a seller before the inevitable shutoff. The rare occasion where I see the harm story, since Tootsie Pops theoretically contain chocolate, which one would not want to give a dog. [link].

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Flat fees v billable: how in-house conquer cost challenges

Managing IP

Counsel from Red Lobster, Novartis, 3M, and two other companies reveal how they make the most of flat fees and billable hours

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Trademark War for THE

Biswajit Sarkar Copyright Blog

Battle for -“THE”! The Word “THE” is a very important word used in the English language without which any sentence would be incomplete. However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

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SoCal IP MCLE meeting May 10, 2021

CoCal IP Law Institute

Our weekly SoCal IP Institute meeting on Monday, May 10, 2021 will be a discussion of two Federal Circuit cases: Functional Claim “Raises the Bar for Enablement” In Amgen v. Sanofi and Regeneron (Fed. Cir.

IP 40
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Today's IP artifact: Cuervo bottle with dripping red wax seal

43(B)log

This decision remains one of my least favorite, but perhaps I will nonetheless get a bottle of Maker's Mark to pose beside it. [link].

IP 52
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The American Lawyer Named Fish Principal Christina McDonough a 2021 “Northeast Trailblazer”

Fish & Richardson Trademark & Copyright Thoughts

Fish principal Christina McDonough was named to The American Lawyer ’s 2021 “Northeast Trailblazers” list. The inaugural list honors lawyers in the Northeast region of the U.S. who “have moved the needle in the legal industry and are agents of change, making significant marks on the practice, policy, and technological advancements in their sector.”.

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Trademark War for THE

Biswajit Sarkar Copyright Blog

Battle for -“THE”! The Word “THE” is a very important word used in the English language without which any sentence would be incomplete. However to trademark the same would be quite difficult due to it being very generic in nature. In order for “THE” to be trademarked it must be used with other additional words to make it more unique and less generic.

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Northern District of Illinois Allows Filing of Non-Sealed Audio/Video Exhibits

Chicago IP

The Northern District of Illinois has begun to allow electronic filing of non-sealed digital audio/video exhibits (MP4, MP3, MOV, etc.). The exhibits will be available for purchase and download via the Certified Copy Desk. If you want to file a document: Go to the Northern District’s digital submission page and fill out the form; Upload the digital audio/video file(s) (note that it will not accept PDFs, presumably because they are neither audio nor video); and.

Copying 40
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When Your Next-Door Neighbor Starts Excavating.

GDB Firm Blog

The Building Code imposes strict liability on a builder who damages a neighbor's property while excavating. The neighbor must grant a license to the builder to come on to their property and protect the existing building. But what if the excavator never asks for the license?

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Reading list: race and GIs

43(B)log

Reading list: Mathilde Cohen, The Whiteness of French Food : Law, Race, and Eating Culture in France (forthcoming in French Politics, Culture, and Society, 2021) English Abstract: Food is fundamental to French identity. So too is the denial of structural racism and racial identity. Both tenets are central to the nation’s self-definition, making them difficult, yet all the more important to think about together.

Law 40
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Medical alert over Counterfeit Vaccines, authorities to be Vigilant

Biswajit Sarkar Copyright Blog

Due to the sudden attack of the COVID phase II, the whole world is now under the crying need of mass vaccination. In the present situation, the COVID Phase II is spreading like wildfire in many countries. Lives are fighting against the death. Thus, to counter such crisis, the mass production of vaccines as well as other medicinal preparations are essentially required to protect the lives of the masses in the world.