Hugh Stephens Blog

MAY 24, 2021

Should user-generated content (UGC) on social media platforms be free from any regulation and the rule of law, simply because it is user-generated? Should social media platforms be given a pass when it comes to any responsibility for the UGC that they distribute? That seems to be the message from those busy attacking Canadian Heritage … Continue reading "Should User-Generated Content (UGC) be Exempt from Law and Regulation?

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Erik K Pelton

MAY 24, 2021

The following is an edited transcript of my video, Can You Change a Trademark? Brands often evolve over time, and sometimes brand names or logos change or evolve. Some changes are subtle – such as Coke at one point evolving (temporarily) into New Coke. Sometimes they’re more dramatic – when a brand shifts its name entirely, or when two companies merge, Exxon becoming ExxonMobil, for example.

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The IP Law Blog

MAY 27, 2021

Hard seltzer first hit the marketplace about five years ago and rapidly grew in popularity with sales exceeding $4.5 billion in 2020. Wanting to ride the wave of success, many companies have introduced hard seltzers into this now crowded space. But what is a hard seltzer? Is it a form of beer or something else? Based on its popularity, most would say, “Who cares whether hard seltzer is beer, just give me one.

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Copyright Alliance

MAY 27, 2021

May is Mental Health Awareness Month, and this national movement is exceptionally important as the COVID-19 pandemic has affected how creators work and make a living. Isolation, combined with the […]. The post Supporting Mental Health Awareness Month: Resources for Creators appeared first on Copyright Alliance.

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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?

Technology

Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. A blog may contain an amalgamation of such rights since blogs do not merely utilize words and phrases but also videos, eBooks, music, etc.

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Erik K Pelton

MAY 26, 2021

Many business owners may not realize that if they deal with tangible goods, they can protect their brand with U.S. Customs and Border Protection in addition to the USPTO. In this episode, Erik details how to add this tool to your brand protection toolkit. The post Customs and Border Patrol Registration for Your Trademark appeared first on Erik M Pelton & Associates, PLLC.

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Managing IP

MAY 26, 2021

Khin Myo Myo Aye of Tilleke & Gibbins provides an update on Myanmar’s IP department during the ‘soft-opening’ period

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Copyright Lately

MAY 27, 2021

In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. Do the plaintiffs have a case? I finally had a chance to take a closer look at the new copyright class action complaint filed last week against Instagram. In a nutshell, the lawsuit alleges that the social media app induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own web

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines.

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U.S. Department of Commerce

MAY 27, 2021

Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. May 27, 2021. KCPullen@doc.gov. Thu, 05/27/2021 - 09:16. Export and investment promotion. Intellectual property. Minority business growth. Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. The Department of Commerce is proud to join the Nation in recognizing the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, also known as Asian Amer

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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.

Patent

GDB Firm Blog

MAY 27, 2021

Emails from a contractor to the City setting forth the nature of a claim and the amount of damages were held insufficient to meet the strict notice requirements of a public construction contract.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 27, 2021

Fish & Richardson is proud to announce that six of its attorneys were named recipients of the Pro Bono Achievement Certificate by the United States Patent and Trademark Office (USPTO). This recognition acknowledges those law firms and attorneys who help make the Patent Pro Bono Program a success. The Fish attorneys recognized and their respective programs include: Timothy Riffe – California Inventors Assistance Program.

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TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? A provisional patent application allows a patent applicant to reserve priority in an invention before committing to the full utility patent application process.

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Barry Sookman

MAY 27, 2021

In a landmark decision released by the Federal Court of Appeal in Teksavvy Solutions Inc. v. Bell Media Inc. 2021 FCA 100, the Court affirmed the blocking order made against the pirate streaming service GoldTV and confirmed that blocking orders are available in Canada to combat illicit online services that target the Canadian market with infringing copyright content.

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GDB Firm Blog

MAY 27, 2021

An appellate court reiterates the sad truth that even the government's knowledge of a contractor's claim does not relieve the contractor of the duty to give formal notice of such claim in strict compliance with the contract's requirements.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 27, 2021

Fish & Richardson is proud to announce that 10 of its attorneys were named 2020 North Star Lawyers. Launched in 2013, the program recognizes Minnesota State Bar members who provide 50 hours or more of pro bono legal services per year to those who otherwise could not afford representation. In 2020, 757 North Star Lawyers provided more than 86,000 hours of pro bono service to people of low income at no fee, for a total value of $21.5 million in free legal advice.

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Selvam & Selvam Blog

MAY 26, 2021

The Vienna Classification which originated from the Vienna Agreement (1973) is an international classification of the figurative elements of marks (more on the Vienna Agreement and classification can be found here and more on India’s accession to the Vienna agreement could be found here ). The first edition of the said Classification was published in 1973, with the Agreement effective from 1985.

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Corsearch

MAY 26, 2021

Saturday, May 29, 2021, sees the final match of the UEFA Champions League. Will you be supporting Chelsea or Manchester City? Regardless of which team comes out on top, the event will be enjoyed by millions of fans who have waited for their team to reach the pinnacle of the European club football game.

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GDB Firm Blog

MAY 28, 2021

On May 5, 2021, Governor Cuomo signed a new law directing the state Department of Labor (DOL), in consultation with the NYS Department of Health (DOH), to issue regulations giving employers clear guidance on specific measures they must take to prevent the spread of airborne infectious diseases in the workplace.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 26, 2021

The firm also received top “Band 1” rankings for patent and ITC practices in Chambers Global. Fish & Richardson received top “Band 1” nationwide rankings for its Intellectual Property (IP) and International Trade: IP (Section 337 Proceedings) practices in the 2021 edition of Chambers USA. The “Band 1” designation – the highest ranking possible – recognizes Fish as among the world’s best law firms based on in-depth, objective research with thousands of lawyers and clients.

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IP Blog

MAY 26, 2021

For the latest edition of the IP Trend Monitor's study, we focused on how Intellectual Property (IP) management is evolving in response to the COVID-19 pandemic and other societal factors. In addition to transforming IP professionals' work environments, recent events have brought trends like digitalization, automation and artificial intelligence (AI) to the forefront of industry discussion.

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Chicago IP

MAY 26, 2021

CampaignZERO, Inc. v. StayWoke, Inc. , Slip Op., No. 20 C 6765 (N.D. Ill. Dec. 4, 2020) (Valderrama, J.). Judge Valderrama granted in part plaintiff CampaignZERO’s motion for expedited discovery related to its motion for a preliminary injunction in this trademark dispute involving CampaignZERO’s CAMPAIGNZERO mark. Of particular note, the Court held as follows: As an initial matter, filing a preliminary injunction motion alone does not warrant expedited discovery.

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GDB Firm Blog

MAY 27, 2021

The Spanish Flu pandemic of 1918 was followed by the Roaring Twenties, and some are now predicting a modern version of a roaring 20's following our own Coronavirus plague. Just as in the Roaring Twenties, people today are gathering again and celebrating and much of this human interaction is taking place in restaurants. While the pandemic has decimated much of the restaurant industry, the industry is on the brink of a colossal rebound.

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Managing IP

MAY 24, 2021

Beau de Loménie explain the timelines set out in France for the release of court rulings to the public, although further patience is required in concern of first instance decisions

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IP Close Up

MAY 22, 2021

Secretary of Commerce Gina Raimondo recently told interviewer David Rubenstein: “That experience [as a venture capitalist investing in medical device and IT health companies] enables Continue reading.

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Above the Fold

MAY 27, 2021

On May 20, 2021, the TTAB issued a lengthy and comprehensive precedential opinion canceling Proof Research, Inc.’s registration for the trade dress of a gun barrel (as shown below) on grounds of de jure functionality under Section 2(e)(5). The registered trade dress “consists of trade dress applied to gun barrels formed with a mottled pattern of irregularly-sized, rippled patches, resembling a quilt having striated patches of varying shapes and reflectivity depending on the ambient light source

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GDB Firm Blog

MAY 27, 2021

A project owner was held to have diverted building loan trust funds even though it replenished them with other funds to which it had access.

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Managing IP

MAY 26, 2021

With the patent subsidy coming to an end in June, some counsel predict a sharp decline in low-quality patent applications and a possible rise in litigation

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Chicago IP

MAY 24, 2021

Norix Group, Inc. v. Correctional Techs., Inc. d/b/a Cortech USA, et al. , Slip Op., No. 20 C 1158 (N.D. Ill. Jan. 19, 2021) (Feinerman, J.). Judge Feiinerman granted in part defendant Cortech’s motion to stay pending ex parte reexam and denied Coretech’s Fed. R. Civ. P. 12(b)(6) in this patent case involving “intensive use” beds and shelving units used in prisons.

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43(B)log

MAY 24, 2021

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. L. Rev. 211 (2020) Intro: The University of Michigan released a startling study (“the Michigan Study”) in October 2018 which unveiled that “manipulative and disruptive” advertisements are deceptively built into phone applications (“apps”) designed for children.

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Selvam & Selvam Blog

MAY 26, 2021

Introduction. Trademarks have over time, distinguished themselves as the popular kids among the Intellectual Property rights. This is so because they are perhaps the most protected amongst the bundle of IP rights and well, inevitably the face of your business. A trademark builds your brand value by rendering it exclusive, by distinguishing your business from the millions of competitors that emerge in the market every single day.

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Managing IP

MAY 27, 2021

Parties must do their homework before initiating one of the Trademark Modernization Act’s new proceedings, but this may not be enough to deter bad actors

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U.S. Department of Commerce

MAY 25, 2021

Recognizing AANHPI Heritage Month: Commerce Department Offers Valuable Resources and Services for Entrepreneurs and Minority and Women-Owned Businesses. May 25, 2021. KCPullen@doc.gov. Tue, 05/25/2021 - 09:00. Export and investment promotion. Intellectual property. Investing in communities and workers. Space commerce. Graphic of Asian American and Native Hawaiian/Pacific Islander (AANHPI) Businesses. .

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IP Intelligence

MAY 27, 2021

Earlier this month, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rule-making [1] to implement provisions of the Trademark Modernization Act (TMA), which Congress passed in December 2020. [2] The public has until July 19, 2021, to comment on the proposed rule-making before implementation. The proposed rules create new nonuse cancellation procedures, shorten office action response deadlines and expand on the USPTO’s Letter of Protest procedures, among other cha

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Patent Trademark Blog

MAY 25, 2021

What is the probability of a trademark rejection or delay in a trademark application? According to the USPTO trademark dashboard , statistics show that about 43% of trademark applications filed via TEAS receive an approval without any Office Actions. So, less than half of trademark applications filed via TEAS will receive a “first action approval” or “first action allowance.” This means that there is a greater than 50% chance that a TEAS trademark application will be deni

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