Sat.Oct 30, 2021 - Fri.Nov 05, 2021

Poppy Time Again: Watch Out for Infringers!?

Hugh Stephens Blog

For the past couple of years at this time, as Remembrance Day (November 11) approaches, I have posted a blog on the copyright and trademark implications of the commemorative red poppies that become so ubiquitous on people’s lapels at this time of year, at least in certain countries.

What Is a Brand Style Guide

Erik K Pelton

The following is an edited transcript of my video, What Is a Brand Style Guide. A style guide is a wonderful asset for any brand that has grown beyond just one name or one logo to a portfolio of marks and logos and slogans.


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Venue Mandamus Petitions Continue to Flow to the Federal Circuit


by Dennis Crouch. We’ve been writing a lot about venue and mandamus petitions at the Federal Circuit. The cases continue to flow to the court, and will continue so long as appellate panels continue to entertain them. Placed on Piracy Blacklist Following Copyright Claim Error


One of the key anti-piracy tools at the disposal of rightsholders in Russia is the memorandum signed by leading tech and entertainment companies in 2018. The agreement saw the creation of a centralized database of allegedly infringing content that is queried every few minutes by internet companies.

Data Governance Act. Blowing away barriers to accessing data held by public entities

JD Supra Law

The European Union has already enacted several Directives to allow (or mandate) the possibility for companies to access and re-use the data held by EU public administrations in the European Union.

Having Trademark Registration is Like Double Insurance for Your Brand

Erik K Pelton

The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand.

Who Watches the Watchmen? – Empirically Examining Examination Reports (Part 1)


We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process.

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PTAB Agrees to Review Novartis’ Patent for an Ophthalmic Injection Syringe

JD Supra Law

On October 26, 2021, the Patent Trial and Appeal Board (PTAB) granted Regeneron’s petition to institute an inter partes review (IPR) of Novartis’s patent U.S. 9,220,631 (“the ’631 patent”), which covers a pre-filled glass syringe for injecting a VEGF-antagonist into the eye.

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Technology & Marketing Law Blog

This is the latest dubious Internet Law ruling from the Eighth Circuit. Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. Reisch ).

Guest Post: Patents in Islamic Law


Professor Tabrez Y. Ebrahim is visiting at Iowa Law this semester, where he’s teaching Cybercrime & Security and Entrepreneurship Law & Ethics. His research interests are broad, and he recently completed a comparative work examining patents in Islamic law. Below he offers a synopsis of his work. Companies and law firms with a transnational presence in Islamic countries should recognize that patents may present different considerations in countries with less secular legal systems.

Law 83

Police Arrest Six in Connection With Private Torrent Sites & Seedboxes


At the beginning of 2021, anti-piracy group Rights Alliance declared victory over piracy services in Denmark after a major push to wipe out the big players. In October 2020, private torrent tracker DanishBits went offline after the 33-year-old owner was arrested in Morocco.

2021 Year-End Checklist for Businesses

JD Supra Law

There may be last minute planning possibilities for 2021. Be proactive. Consult with your tax advisors while you still have time to act in 2021. You don’t want to be scrambling on December 31.

SpicyIP Tidbit: Applications open for WIPO’s Young Expert Program


WIPO has started up an interesting looking 2 year “Young Expert Program” for promising candidates that are 35 and younger, with an application due in approximately 2 weeks from now. The program’s landing page states that the deadline is on November 19th.

Signed, sealed and delivered

Likelihood of Confusion

That just about seals it for puns of this nature: As John Welch informs us, the Federal Circuit has affirmed the decision by the TTAB to reject the applications by. The post Signed, sealed and delivered appeared first on LIKELIHOOD OF CONFUSION™. Government Seals

Dune Piracy Spiked After HBO Release, Due to Quality or PR?


After a long wait, the 2021 installment of the sci-fi classic Dune finally premiered in the United States last week. The film had already come out in other parts of the world a month earlier, which caused quite a bit of frustration among eager fans.

U.S. Chamber of Commerce Urges Administration to "Double Down" on Global Vaccine Distribution

JD Supra Law

In a letter sent to U.S. Trade Representative Katherine Tai last week, the U.S. Chamber of Commerce expressed disappointment that the Biden Administration "continues to entertain actions, such as a waiver of the TRIPS Agreement, that would undermine the pandemic response."


[Guest post] At last Spain transposes the DSM Directive

The IPKat

Despite the deadline of 7 June 2021, most Member States are still busy transposing the DSM Directive into their own laws. This week it was the turn of Italy (more on that over the weekend) and Spain.

Press publishers’ right: social media enter the stage

Kluwer Copyright Blog

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive.

YouTube Terminates Account of ‘Fraudulent’ Copyright Takedown Sender


YouTube’s copyright takedown policy poses one of the biggest threats to the platform’s content creators. YouTubers who receive three copyright infringement strikes can easily lose their channels, which for some equates to their livelihood.

Music 96

Federal Circuit Reverses PTAB’s Invalidation of Patent Claims for an Artificial Heart Valve (Snyders vs St. Jude)

JD Supra Law

On October 5, 2021, the U.S. Federal Circuit reversed a finding of invalidity by the Patent Trial and Appeal Board (PTAB) for patent claims related to an “artificial valve for repairing a damaged heart valve.” . By: Knobbe Martens

Joint trademark “ownership”: Tea for two? (Best of 2016)

Likelihood of Confusion

Originally published January 25, 2016. It’s been almost ten years ago since the March 2006 blog post, which got a bit of play as it turned out, in which I expressed a. The post Joint trademark “ownership”: Tea for two? Best of 2016) appeared first on LIKELIHOOD OF CONFUSION™.

Book Review: The Future of Intellectual Property

The IPKat

This is a book review of The Future of Intellectual Property , edited by Daniel J. Gervais , Milton R. Underwood Chair in Law at Vanderbilt University Law School, US.

Pirates Seem Happy to Trust Applinked But Caution May Be Advised


Back in June, the hugely popular Filelinked service, which enabled Amazon Fire TV users to easily install piracy-related apps, disappeared in mysterious circumstances.

[Audio] Fish Post-Grant Radio: Episode #14: Tom Rozylowicz

JD Supra Law

This episode of Fish Post-Grant Radio, hosted by Rick Bisenius, touches on AI and Machine Learning with Tom Rozylowicz, a principal in our Washington, D.C. office.

Olympic and Retrolympic: Trademark Protection

IP and Legal Filings

The trademark dispute between Olympic and Retrolympic was a bit interesting owing to the dispute about the likelihood of confusion between the competing marks. The marks are Retrolympic and IOC trademark ‘Olympic.’

Previewing the “Lessons from the First Internet Ages” Symposium

Technology & Marketing Law Blog

As I mentioned , I’m part of a team organizing a special virtual event called the “Lessons from the First Internet Ages Symposium.” ” The event starts tomorrow 10am Pacific, and it’s not too late to sign up !

OnlyFans ‘Models’ Drop Piracy Liability Lawsuit Against Cloudflare


Last year, Texas-based model Deniece Waidhofer sued Thothub for copyright infringement after the site’s users posted many of her ‘exclusive’ photos. Soon after the complaint was filed at the federal court Thothub went offline. This prompted Waidhofer to change priorities.

PTAB’s Structure and Funding Pass Due Process Muster

JD Supra Law

On October 13, in Mobility Workx v. Unified Patents, LLC, the Federal Circuit rejected a series of due process challenges to the structure of the Patent Trial and Appeal Board (PTAB), leaving the PTAB to continue with business as usual.

CardioNet’s Signal Transform Invention is Ineligible


by Dennis Crouch. CardioNet v. InfoBionic ( Fed. 2021 ). CardioNet lost at the district court with a summary judgment of non-infringement. On appeal, the Federal Circuit has shifted its judgment–now finding the heart monitor claims ineligible under Section 101. Patent Number 7,941,207. The patent covers a heart monitor that includes a “T wave filter” that helps make sure the signal processor does not confuse the T-wave with the R-wave.

The Time I Got a Negative Review

Erik K Pelton

Erik once received a negative review from a client, amidst dozens of positive ones. Erik explains why he has never challenged the review as there can be no guaranteed approvals in the world of trademark applications. The post The Time I Got a Negative Review appeared first on Erik M Pelton & Associates, PLLC. Erik once received a negative review from a client, amidst dozens of positive ones.

Manga Publisher Wants to Sue Huge Piracy Network, Needs Google’s Help


With a fanatical audience that now reaches beyond Japan and around the globe, demand for manga and anime content is soaring. Publishers would prefer fans to go legit but in common with any premium content, there are those who prefer not to pay.

Belcher Pharms., LLC v. Hospira, Inc.

JD Supra Law

Case Name: Belcher Pharms., LLC v. Hospira, Inc., 2020-1799, 2021 WL 3889810 (Fed. Sept. 1, 2021) (Circuit Judges Reyna, Taranto, and Stoll presiding; Opinion by Reyna, J.) Appeal from D. Stark, J.) - Drug Product and Patent(s)-in-Suit: Epinephrine; U.S. Patent No.

Top 5 Reasons Not to Sign your Severance Package Without Obtaining Legal Advice

Nelligan Law

Reading Time: 3 minutes You have just been called into a meeting with your boss and told that your employer is terminating your employment. Your boss then hands you a letter that sets out a severance package containing various financial payments they say you are entitled to.

CCC Now Offering Semantic Search Capability Within RightFind Navigate Through Partnership with SciBite

Velocity of Content

Pharmaceutical and life science companies must keep current with the latest biomedical research relevant to their own therapeutic programs.

Digital Textbook Pirate Handed Suspended Prison Sentence


Publishers around the world regularly engage in various actions aimed at preventing the unauthorized reproduction and distribution of academic publications and eBooks.

The Move to the Metaverse and Beyond Series: Basic Trademark and Branding Considerations

JD Supra Law

Is it here? Not yet. But virtual performances featuring such stars as Travis Scott and Ariana Grande and attracting over 27 million unique players and 78 million viewers, respectively, suggest that it might be coming sooner than you think.

$13.375 Million Settlement Approved in Norman Barwin Class Action

Nelligan Law

Reading Time: 2 minutes. Today, Regional Senior Justice Calum MacLeod of the Ontario Superior Court approved the ground-breaking settlement reached earlier this year in the class action involving Ottawa fertility doctor, Norman Barwin.