Sat.Jun 12, 2021 - Fri.Jun 18, 2021

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An Open Letter to Justin Trudeau: Canada’s News Publishers up the Pressure on Facebook and Google

Hugh Stephens Blog

Source: National Post I was at my local newsstand the other day, perusing the morning papers. My usual modus operandi is to scan them quickly, deciding which catchy headline will entice me to swipe my credit card for my daily “news fix” delivered in that most traditional of formats, the daily newspaper.

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Want to learn all about trademark Office Action responses?

Erik K Pelton

My office has filed thousands of responses to trademark office actions from the USPTO, and I’ve worked as a USPTO examiner issuing Office Actions and reviewing responses from applicants. Because I kept getting asked to share details about what goes into crafting a good response, I created a unique resource to help those looking to learn more about effective office action responses.

Trademark 130
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Opportunities And Challenges In IP Valuation Services

Corsearch

The shift towards a global, digital economy has resulted in the demise of some of the traditional assumptions about measuring the value of a business. Globalization, coupled with a fast-emerging digital economy geared towards service and technology markets, has accelerated this change even faster. It has resulted in the emergence of many important companies whose value no longer solely resides in tangible, physical assets.

IP 117
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Taking Another Page from the ABA: The USPTO Enacts New Rules of Professional Responsibility for Patent Attorneys and Agents

IP Tech Blog

To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents. The resulting changes mirror some well-recognized provisions of the American Bar Association’s (ABA) Rules of Professional Conduct.

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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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Will Starbucks Become the Next Corporate Sponsor of a Professional Sports Facility?

The IP Law Blog

I’m experiencing déjà vu. I wrote about a similar topic prior to Allegiant Air becoming the official sponsor of the Las Vegas stadium that the Raiders now call home. In fact, I covered the topic at a time when Allegiant Air claimed that it was not involved in any negotiations for the naming rights of any professional sports facilities despite having filed an application with the United States Patent and Trademark Office for use of Allegiant in connection with stadium or training facilities.

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Suggestive trademark and brand names are better than the rest. Here’s why:

Erik K Pelton

The following is an edited transcript of my video, Why Suggestive Trademarks and Brand Names Are My Favorite. I get asked all the time about what type of brand names I prefer. The answer for me is easy: for commercial, marketing, and legal purposes, I strongly suggest that clients choose suggestive brand names. What do I mean by suggestive brand names?

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How to Turn Patent Search Into Business Intelligence

IP.com

Comprehensive business intelligence requires data from multiple sources. To fully understand the competitive landscape and your place within it, you need a deep understanding of internal and external factors, including. The post How to Turn Patent Search Into Business Intelligence appeared first on IP.com - IP Innovation and Analytics.

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Seyfarth’s Trade Secrets Group Earns Top Tier Ranking from Legal 500 for Sixth Consecutive Year

Trading Secrets

The 2021 edition of The Legal 500 United States recommends Seyfarth Shaw’s Trade Secrets group as one of the best in the country. Nationally, for the sixth consecutive year, our Trade Secrets practice earned Top Tier. Based on feedback from corporate counsel, Seyfarth partners Michael Wexler, Robert Milligan, and Kate Perrelli are ranked in the editorial’s “Leading Lawyers,” Joshua Salinas is ranked in the editorial’s “Rising Starts,” and Erik Weibust and Dawn Mertineit were also recommended in

Editing 98
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Preventing Trademark Problems is Like Preventing Cavities!

Erik K Pelton

What are the similarities between preventing cavities and preventing trademark problems? In this episode Erik shares five facts that will help strengthen your trademark protection while avoiding trademark problems and at the same time he will even help you improve your dental hygiene. The post Preventing Trademark Problems is Like Preventing Cavities!

Trademark 100
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Cooperatives Granted Relief From Restrictions Imposed By The Tenant Protection Act

GDB Firm Blog

Cooperatives Granted Relief From Restrictions Imposed By The Tenant Protection Act On June 10, 2021, the New York State legislature exempted most cooperatives from important restrictions imposed by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). The bill will become law immediately when the governor signs it and will apply to actions and proceedings commenced after it is signed.

Law 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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Intellectual Property Theft: A Menace

Kashishipr

With the advancement of technology and the overreaching effect of cyberspace, cyber crimes have also witnessed a surge. Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., by using the internet and computers as a medium. Copyright and trade secrets like software, secret formula/recipes, music, etc., account to be the most frequently stolen forms of IP, which may result in a huge loss for the company that crea

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The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Kluwer Copyright Blog

Image by stokpic from Pixabay. In the midst of the economic and social paralysis arising from the COVID 19 pandemic, the tireless discipline of law has prevailed as always, if anything with increased activity. The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required).

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Work-Life Balance: Do you have the Legal Right to Disconnect?

Nelligan Law

After over a year of working from home for many Canadians, some experts are calling for the legal right to disconnect. While remote work has allowed many employees to enjoy a more flexible schedule, this shift has proven to be a double-edged sword. Having your workstation at arm’s length makes it difficult to unplug, and. Read more » The post Work-Life Balance: Do you have the Legal Right to Disconnect?

Law 97
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Can Teaming IBM’s blockchain with Spangenberg’s IPwe Turn Patents Into a Trillion-Dollar Market?

IP Close Up

IBM and IPwe, believe that NFTs, Non-Fungible Tokens – one-of-a-kind limited digital editions – can transform stagnant patent monetization into a trillion dollar market. Two IP icons Continue reading.

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IP.com Announces Contract Renewal with USPTO

IP.com

Rochester, NY – June 14, 2021 – IP.com, a global leader in intellectual property intelligence and innovation solutions, has renewed its multi-year contract to provide InnovationQ Plus®, its IP search. The post IP.com Announces Contract Renewal with USPTO appeared first on IP.com - IP Innovation and Analytics.

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Copyright Academy: Why You Should Watch

Copyright Alliance

At the Copyright Alliance, our creator members lie at the heart of everything we do. Whether it is advocating for strong copyright policies or providing educational resources, creators are the […]. The post Copyright Academy: Why You Should Watch appeared first on Copyright Alliance.

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Unicolors v. H&M Raises Some Thorny Issues for Copyright Owners

The Illusion of More

On June 1, the U.S. Supreme Court agreed to hear a case of a highly clerical nature, but one of particular interest to photographers and other visual artists who typically register multiple works in Group registrations with the Copyright Office. To reduce filing fees and provide some organizational structure to certain applications, the Copyright Office […].

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IP Consideration for Tech Companies

IP and Legal Filings

With tech companies playing a massive role in the economic generation, these companies must understand multiple considerations that they must be cautious about. These considerations arise in multiple forms for a company. With IP forming a major role in the company wealth generation, the company must ensure that such IP issues are met perfectly so that the company can have maximum output and wealth generation.

IP 84
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My Appearance Before the Senate Committee on Transport and Communications: Why Copyright Reform Isn’t the Answer to the Challenges Faced by the News Media Sector

Michael Geist

Yesterday I took a break from talking about Bill C-10 to appear before the Senate Standing Committee on Transport and Communications as part of its study on Bill S-225 , Senator Claude Carignan’s bill that proposes copyright reform as a mechanism to address the challenges faced by the news media sector (the bill is the focus of this week’s Lawbytes podcast , featuring a conversation with Senator Paula Simons).

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Fish Attorneys Richard Sterba and Kyle Fleming Author IPWatchdog Article, “Expanding Access to the ‘100-Day’ Program: ITC Announces Pilot Program Authorizing Interim Initial Determinations”

Fish & Richardson Trademark & Copyright Thoughts

Fish attorneys Rich Sterba and Kyle Fleming recently wrote an overview of a new International Trade Commission (ITC) pilot program that was published by IPWatchdog. The pilot program provides Administrative Law Judges (ALJs) a new mechanism to bring investigations to a swift conclusion by expressly permitting the ALJs to initiate expedited proceedings leading to interim initial determinations on fewer than all issues in an investigation, thereby focusing the investigation on a potentially dispos

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Who Owns Archaeological Treasures and Artifacts

Art Law Journal

Steve Schlackman. The treaties and laws around archaeological treasures and cultural heritage sites makes it difficult to know who owns the artifacts from the discoveries.

Law 60
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New Amendment Simplifies New York's Power of Attorney Form

GDB Firm Blog

A new amendment to New York's General Obligations Law §15-501 et. seq., which became effective as of June 13, 2021, is intended to simplify the process of drafting, and using, a power of attorney, while clarifying the powers and obligations of an agent.

Law 52
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Future-proofing investments: The role of IP in a successful deal

IP Blog

Given the tremendous economic adversity inflicted by the COVID-19 pandemic and the unprecedented burden placed on businesses, one would expect M&A activity to have spiked over the past year. However, this surge in business consolidations has yet to manifest for a couple of reasons suggested by Deloitte practitioners in a recent analysis.

IP 52
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Malini Vijaykumar weights in on Maj-Gen. Fortin’s removal as head of Canada’s COVID-19 vaccine rollout

Nelligan Law

Reading Time: < 1 minute Employment lawyer Malini Vijaykumar was recently interviewed by Global news to weigh in on Maj-Gen. Fortin’s removal as head of Canada’s COVID-19 vaccine rollout and his subsequent legal challenge. She discusses Fortin’s application for judicial review, the notion of procedural fairness, and the systemic issue of sexual misconduct in the military.

Law 52
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Who Owns Archaeological Treasures and Artifacts

Art Law Journal

The treaties and laws around archaeological treasures and cultural heritage sites makes it difficult to know who owns the artifacts from the discoveries. The post Who Owns Archaeological Treasures and Artifacts appeared first on Art Business Journal.

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All New York Businesses Must Be Alert - The Amendments of the New York Power of Attorney Statute Are Effective

GDB Firm Blog

Important amendments to the New York Statutory Short Form Power of Attorney (POA) statute became effective June 13. The revisions are based on the recommendations of a New York State Bar Association Task Force to fix problems with the prior law. I was the Business Law Section representative to the task force.

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Can you see what I’m saying?

LoTempio Law Blog

Today’s blog post introduces you to Alexandra Cartier, the founder and CEO of Vü. Vü is looking to bridge the gap between those who can and cannot hear. Members of the Deaf or Hard of Hearing community (DHH) experience lower rates of graduation and higher rates of unemployment or underemployment. However, Cartier and her company, […]. The post Can you see what I’m saying?

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Access to information and competition concerns enter the sui generis right’s infringement test – The CJEU redefines the database right

Kluwer Copyright Blog

Photo by mcmurryjulie via Pixabay. On 3 June 2021, the CJEU handed down its judgment in CV-Online Latvia v Melons (with Ileši? as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. The facts of the case are expertly described by Tatiana Synodinou in her comment on the AG’s Opinion and we refer the readers to them.

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Malini Vijaykumar weights in on Maj-Gen. Fortin’s removal as head of Canada’s COVID-19 vaccine rollout

Nelligan Law

Employment lawyer Malini Vijaykumar was recently interviewed by Global news to weigh in on Maj-Gen. Fortin’s removal as head of Canada’s COVID-19 vaccine rollout and his subsequent legal challenge. She discusses Fortin’s application for judicial review, the notion of procedural fairness, and the systemic issue of sexual misconduct in the military.

Law 52
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Smart Consumer Devices at the Centre of the EU Internet of Things (IoT) Sector Inquiry

IP Tech Blog

The European Commission published the preliminary results of its IoT sector inquiry and tech giants come under pressure for the alleged “gatekeeper” role that their voice assistant apps (such as Siri, Alexa, and Google Assistant) play in smart homes and with other connected consumer devices. The EU sector inquiry has so far collected over 200 responses from IoT market players from across the world.

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Rapala Continues Fishing for Attention

DuetsBlog

Over the past dozen years, we’ve been admiring Rapala’s annual creative billboard campaign that continues to maintain the same eye-catching look and feel. Love the white canvas, the red stylized Rapala brand name, the Original Floating lure, and a creative and often humorous attention-getting term or phrase in black ink, sandwiched in between (and hooked by) the lure and the brand name: In case you’re wondering, I’ve listed my 2021 favorites in order above, with “Smooth whopperator” receiving to

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Copyrighting the Idea of a Vocational School?

BYU Copyright Blog

On May 14, 2021, Garner Group International, LLC; James A. Garner; Dr. Sally Thompson; and Dr. Ervin V. Griffin, Sr. (collectively the "Garner Group" or "Garner") filed suit against the Academy Charter School (the "Academy"), alleging copyright infringement. The Garner Group is a consulting business, and, according to its Complaint, it approached the Academy about designing a vocational training program through which Academy students could earn college credit.

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World Elder Abuse Awareness Day

Nelligan Law

Today is World Elder Abuse Awareness Day (WEAAD), a time to recognize a global social issue that affects the health and human rights of millions of older persons around the world. Communities around the world use this day to raise the visibility of elder abuse, by sharing information about abuse and neglect and promoting the resources and services that increase seniors’ safety and well-being.

Law 52
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Supreme Court: Bad Intent Not Enough to Violate the Computer Fraud and Abuse Act

McBayer IP Blog

Posted In Intellectual Property , Trade Secrets In an unlikely 6-3 decision where Justices Barrett, Gorsuch, and Kavanaugh joined the three so-called “liberal justices,” the United States Supreme Court held on June 3, 2021, that a police officer did not violate the Computer Fraud and Abuse Act, 18 U.S.C. §1030(a)(2) (“CFAA”), by accessing a law enforcement database to retrieve information to commit a crime.

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Texas Decision Highlights Concerns Regarding Limiting Enforceability of Non-Compete Agreements During COVID-19 Pandemic

Trading Secrets

With unemployment levels reaching a new high during the global pandemic, courts across the country have become increasingly reluctant to enforce non-compete agreements in employment contracts. As an example, a recent district court case, Robert Garcia v. USA Industries, Inc. , demonstrates what may be a shift in Texas’ formerly lenient approach to non-competes.