Patently-O

JANUARY 12, 2023

The Patent Eligibility Restoration Act should be modified to prevent the reintroduction of patents on naturally-occurring genomic sequences that are isolated and purified in the lab, a change that will enable international pathogen research to continue while interfering little with private incentives to develop new biomedical technologies.

Business 90

Business Patent Technology Marketing 90

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok owns a patent on a system and method for suppressing fire in electrical boxes using intumescent material. The labels of both products include the Underwriter Laboratories (UL) certification mark.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Patently-O

JANUARY 26, 2024

The USPTO particularly focused on confusion among applicants that the doctrine imposes a categorical bar against registering marks with informational content. The USPTO subsequently requested that the court re-issue the opinion as precedential, citing Fed. The opinion here is more nuanced.

Registration 63

Registration Trademark Service Mark Trademark Law 63

The IPKat

OCTOBER 25, 2022

meanwhile the genius was sleeping " by extraterila is licensed under CC BY 2.0. 28 October 2022 | UWI St Augustine Faculty of Law: " Researching transnational law in local context: what questions to ask, what methods to use, and how can we study transnational law? " (online) UWI STA organises a series of sessions held on Fridays.

Intellectual Property 67

Intellectual Property Registration IP Technology 67

The TTABlog

DECEMBER 31, 2021

Guess What? Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)? Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)? TTABlog Test: Is "ICY (Stylized)" Confusable With "ICEE" for Clothing?

Cinema 67

Cinema Registration Trademark Reporting 67

The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. The IPWatchdog published an article discussing controversial aspects of state compulsory ebook and audiobook licensing from a legal and policy perspective, bearing in mind the supremacy of the US Copyright Act over state laws.

Blogging 78

Blogging IP Designs Design 78

The IPKat

JULY 4, 2023

But what happens when the pun consists of a well-known trade mark? This question is explored by the German Patent Court in a recently published decision (case 30 W (pat) 15/19 ). The German Patent and Trade Mark Office rejected the opposition. British Airways appealed to the German Patent Court.

Art 106

Art Intellectual Property Registration Patent 106

43(B)log

JULY 15, 2022

So a lot of interesting discussion of what suffices for a profits and damages award. For years, Max Rack sold Max Racks through licensing agreements with defendant Core. Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. This appeal followed.

Advertising 59

Advertising Advertising Licensing False Advertising 59

SpicyIP

OCTOBER 9, 2023

Wondering what IP developments took place last week? Some of the issues that they discuss are how FRAND disputes have different stakes than the ones involved in other patent infringement cases; the issues with national courts determining global FRAND rates; and how “Standard Essential Patents” could be a misnomer.

Social Media 59

Social Media IP Government Copyright 59

The IPKat

FEBRUARY 8, 2023

This Kat then finds it amusing to try to determine on what basis the fast food company could sue Saint Laurent, if such a dispute where ever to arise. An example of a Happy Meal box Thoughts Patent law is ruled out from the analysis. It's not always about being new-new because who is new-new?".

Designs 62

Designs Design Law Copyright 62

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

MAY 20, 2024

The Controller on working examples is surely going to interest patent lawyers. Remanding the matter back to the Patent Office, the Court clarified that a working example does not define the patent’s scope. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Anything we are missing out on?

Trademark 45

Trademark Advertising Advertising Copyright 45

Technology & Marketing Law Blog

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

43(B)log

FEBRUARY 19, 2022

Sari Mazzurco, The Law of Social Roles for the Platform Internet Law’s expressive function: how law tells people what social roles various institutions are supposed to carry out. Social roles are fundamental: shorthand that help us understand what behavior is appropriate or inappropriate based on relationship context.

Law 119

Law Branding Brands Branding 119

43(B)log

AUGUST 18, 2021

It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.” Rushmore Photo & Gifts, Inc., 2021 WL 1176242, No. 11-5052-JLV (D.S.D. 29, 2021) This is part of a long-running trademark case, now over 10 years old. to the exclusive right to use ‘MOTOR CLASSIC’ or ‘RALLY & RACES BLACK HILLS S.D.’

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

The IPKat

JANUARY 9, 2022

Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms. Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms. Adam Ernette (UIC) reports on the seminar.

Reporting 57

Reporting Law IP Patent 57

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

NOVEMBER 30, 2022

So, it is with intellectual property matters as well—there are matters, some previously addressed, where recent developments require us to use what we have before it gets too stale. For some Americans, they’re the whole point: Nearly three-quarters say that a fridge teeming with surplus food is the best part of the holiday.

IP 52

IP Intellectual Property Fair Use Trademark 52

IP Whiteboard

OCTOBER 15, 2020

The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. The UK IPO is keen to understand the role of the patent system in encouraging use and development of AI.

IP 40

IP Intellectual Property Invention Copyright 40