Creative Law Center
APRIL 10, 2021
You can't just slap your style on someone else's creative work and call it transformative. Fair use guidelines are evolving. The post New Fair Use Guidelines: the Defense Narrows appeared first on Creative Law Center.
Erik K Pelton
APRIL 16, 2021
When new clients ask me about what they should do to fully protect and guard their brand, I point them to the five most common habits of a successful trademark client: They don’t delay. They file early and they file often. If they’ve got a new name, they move quickly to apply for it and start the process because they know that delay can harm the process and harm their ability to protect or use that name.
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Intellectual Property Brief
APRIL 16, 2021
On August 20, 2020, the Federal Circuit held that patent owner Walter A. Tormasi lacked the capacity to sue computer company Western Digital Corp. for patent infringement because Tormasi was barred from conducting business due to his status as a New Jersey inmate. Apparently, inmates do not have the right to sue to enforce their valuable patent rights.
IP Blog
APRIL 16, 2021
It is no secret that Africa is an important continent for the production of minerals and precious metals. Even so, despite an abundance of design creativity that is obvious to anyone who walks down a street in Johannesburg or another African city, very little jewelry made from precious metals and gemstones is manufactured there. The wealth of local expertise and craftsmanship is regrettably overlooked in favor of purely material assets.
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?
Art Law Journal
APRIL 13, 2021
From building a subscriber list to email marketing services, our tips will get you up to speed on creating your own artist newsletter. The post Why You Need to Have an Artist Newsletter appeared first on Art Business Journal.
Erik K Pelton
APRIL 12, 2021
The following is an edited transcript of my video, Great Trademarks Are Everywhere, Even in the Trash. Over the years, I’ve found many interesting trademarks everywhere I go. I think my senses are particularly heightened when I’m traveling and outside of my normal routine around town, work and home. I was recently in New Orleans and I came across one of the best slogans I’ve ever seen.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Selvam & Selvam Blog
APRIL 16, 2021
While the country and the entire world is continuing its fight against the COVID-19 pandemic, offices and governments across the entire globe have not stopped working and have always ensured the best for its countrymen. Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021.
43(B)log
APRIL 16, 2021
Combe Inc. v. Dr. August Wolff Gmbh & Co. Kg Arzneimittel, No. 19-1674 (4 th Cir. Apr. 13, 2021) Not only is this case a good demonstration that courts are willing to give broad rights to marks based on similarities in descriptive elements (here the VAGI- formative in VAGISIL for preparations for use in the vagina), it also has relevance for the current discussion of “use as a mark.
Erik K Pelton
APRIL 14, 2021
Erik speaks to local middle school students about what practicing trademark law is about, how he got to this point in his career, and why he enjoys doing this work. Erik shares some fun trademark tidbits and explains to the future entrepreneurs why communication, analysis, and marketing are three pillars to his long-term success. The post Middle School Career Fair Presentation: trademark attorney appeared first on Erik M Pelton & Associates, PLLC.
BYU Copyright Blog
APRIL 12, 2021
The long-running litigation between Google LLC ("Google") and Oracle America, Inc. ("Oracle") came to an end on Monday, April 5, 2021, when the Supreme Court issued its opinion on the case. The majority held in favor of Google's fair use defense to copyright infringement while Justice Thomas filed a dissenting opinion, joined by Justice Alito. We have previously reported on the extensive procedural history of the case as well as the oral arguments that were given before the Court late last year.
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Fish & Richardson Trademark & Copyright Thoughts
APRIL 12, 2021
Fish & Richardson was named the 2021 IP Boutique Firm of the Year and International Trade Commission (“ITC”) Firm of the Year by Managing Intellectual Property magazine, as well as the regional Patent Contentious (West) Firm of the Year. Managing IP also named principals Betsy Flanagan and Frank Scherkenbach Litigation Practitioners of the Year for Minnesota and Massachusetts, respectively.
43(B)log
APRIL 14, 2021
This poster in a local dry cleaner's, produced by a larger association, gave me pause: I believe that dry cleaning likely destroys most viruses present. but how many viruses are likely to be present? Does the claim of "effective, easier and safer" imply that this is a good way to decrease risks, especially covid-related risks now that we understand that most spread is aerosol-based?
Intellectual Property Brief
APRIL 16, 2021
RideApp, Inc. sued Lyft for patent infringement on its central system which analyzes and calculates data to match passengers to drivers near them. The Federal.
Trademark and Copyright Law Blog
APRIL 13, 2021
Your company has invested in developing its goodwill and protecting its brands, and now seeks to bring in partners. Or perhaps your company seeks to grow by on-boarding third-party brands. Trademarks form a key asset in many business transactions, but overlooking important details and traps for the unwary can lead to unintended consequences. In this one-hour webinar, we cover the fundamentals of protecting trademark rights in the context of an array of transactions, including: Assignments.
Fish & Richardson Trademark & Copyright Thoughts
APRIL 16, 2021
Following up on our recent blog on trade secrets damages , here we look at the Defend Trade Secrets Act (DTSA) ’s provision of injunctive relief. Specifically, the DTSA allows trade secret plaintiffs to request a unique remedy—an ex parte seizure of the defendant’s property. What is an ex parte seizure? An ex parte seizure allows a court to seize property without the property owner’s consent.
43(B)log
APRIL 14, 2021
I just heard this discussed on a GALA (Global Advertising Lawyers Alliance, recommended for international updates) event, and fortuitously I'd decided to get my hands on a copy of the actual special issue. One thing I hadn't realized from the cases is that there were only three ads in the entire special issue. The carmaker must feel good about its choices, but I have to say that if I were the other advertisers I might feel betrayed by SI and the supposed special sponsorship opportunity offered.
Intellectual Property Brief
APRIL 13, 2021
The 2nd Circuit Court of Appeals in New York recently ruled in favor of Lynn Goldsmith, a professional photographer, and held that the leading pop.
GDB Firm Blog
APRIL 15, 2021
Every New York resident knows that living in an apartment, whether a rental, cooperative, or condominium building, is often challenging, especially when your neighbors' actions interfere with your life in unpleasant ways. Controlling the infiltration of odors, such as secondhand smoke, cooking, and pet odors, is one of the most common quality of life issues faced by landlords and boards.
IP Whiteboard
APRIL 15, 2021
In another reminder that being a princess isn’t all it’s cracked up be (after binge-watching the latest season of The Crown ), Meghan Markle (a.k.a. The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) ).
43(B)log
APRIL 14, 2021
Link to report and comment mechanisms. The Working Group did not recommend expanding trademark claimants' preemptive/pre-registration notice rights to include broad matching or algorithmically generated close variants (misses a match by one letter, for example), but I expect that's still on the agenda for some proponents. One of the things that we found out in the process was that the most-searched-for "trademarks," of the set entered into the database maintained for the purpose of simplifying r
Fish & Richardson Trademark & Copyright Thoughts
APRIL 13, 2021
At the end of March in the Eastern District of Texas, Judge Jordan issued two motion to dismiss orders involving patent eligibility under 35 U.S.C. § 101. These cases are discussed in further detail below. Repifi Vendor Logistics, Inc. v. Intellicentrics, Inc. et al. At issue in Repifi was U.S. Patent No. 10,304,268, titled “Visitor Credentialing System for an Access-Controlled Environment.
GDB Firm Blog
APRIL 15, 2021
Several Bills have been introduced in the State legislature to require Boards to give a reason whenever they reject a prospective purchaser, including S. 2874/ A. 1623, and S. 1449. Boards of Directors of Cooperatives may want to consider opposing the legislation by contacting their elected representatives and sending the following article to them.
TraskBritt Intellectual Property
APRIL 10, 2021
The U.S. Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). This copying enabled programmers already familiar with the Java programming language to easily learn to program for Android, jumpstarting the library of applications available on Google’s platform.
43(B)log
APRIL 12, 2021
Inspired by Kali Murray’s great comments at this past week’s Race and IP conference, some notes from recent reading: Virginia DeJohn Anderson, Creatures of Empire: How Domestic Animals Transformed Early America Relevant to TM and sumptuary laws (addressed in Barton Beebe's excellent work ), Anderson recounts how in some places Native people were barred from marking their own livestock, but punished if they killed a marked animal.
The Art Law Blog
APRIL 15, 2021
More on the Warhol decision from David Steiner. Some earlier comments from Steiner in the updates here.
The IP Law Blog
APRIL 16, 2021
Pfizer and BioNTech recently asked the Southern District of California to dismiss a patent infringement claim from Allele Biotechnology related to Pfizer and BioNTech’s Covid-19 vaccine. Allele holds a patent for a fluorescent protein called mNeonGreen, which causes some cells to glow when exposed to certain kinds of light. Allele does not claim that mNeonGreen is used in the vaccine or was used by Pfizer and BioNTech to develop the vaccine, but rather that mNeonGreen is used in one of the clin
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