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by Dennis Crouch. VoIP-Pal.com, Inc. Apple, Inc. , 20-1809 (Supreme Court 2021). VoIP-Pal sued Apple for infringing its U.S. Patent Nos. 9,537,762; 9,813,330; 9,826,002; and 9,948,549. Apple filed four petitions for for inter partes review, but all four were denied by the PTAB. MORE
Over the past decades, the entertainment industries have tried out numerous anti-piracy PSAs. One of the most iconic videos is without doubt the “You Wouldn’t Steal a Car” campaign, which has proven to be a fertile breeding ground for memes and satire. MORE
In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. That primer proved to be quite popular, and I posted annual updated versions in summer 2019 and 2020. MORE
[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow. MORE
Sometime in 2004, a new site appeared hoping to provide a better service to fans of the growing video emulation scene. MORE
This lawsuit involves the Rachel Maddow Show on MSNBC. Based on a story from the Daily Beast , Maddow ran a segment claiming that an OANN employee was on the Kremlin’s payroll, concluding that OANN “really literally is paid Russian propaganda.” MORE
A “brand” is the sum total of a number of things that go to the heart of a business’ relationship with its customers and within the marketplace of competitors: For more about Building a Bold Brand , see my book ! The post What is a brand made of? MORE
If you’ve had any issues with copyright over the past few years, whether you are on YouTube, Facebook or even operating your own website, it’s probable that your issue didn’t start with a human, but with a bot. MORE
Disclosure: Though I have no relationship or connection with this story, I am a long-time fan of James Rolfe and his work. James Rolfe is one of the most famous YouTubers working today. MORE
On May 21, the popular K-pop band BTS released their latest single, Butter. However, despite the popularity of the track and solid reviews for it, the release itself has been anything but buttery smooth. MORE
by Dennis crouch. In re Surgisil, LLP , — 4th — ( Fed. 2021 ). This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. MORE
On Friday, Buzzfeed published an article that highlights the widespread and long-running plagiarism of Snopes CEO and co-founder David Mikkelson. MORE
The CASE Act explained. A cost effective way to enforce copyright and fight infringement for small businesses, creatives, and entrepreneurs. The post Copyright Small Claims: How the CASE Act Works appeared first on Creative Law Center. Copyright & Content Protection MORE
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. Copyright & Content Protection MORE
The independent life of fictional characters. Consider them an additional creative asset in a writer’s intellectual property portfolio. The post Are Fictional Characters Protected Under Copyright Law? appeared first on Creative Law Center. Copyright & Content Protection MORE
This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. MORE
The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing. MORE
On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent. MORE
BitTorrent is an excellent distribution mechanism but, for a file to live on, at least one person has to keep sharing it. This means that most torrents eventually die after the public loses interest. However, some torrents seem to live on forever. The Fanimatrix. MORE
As it says in the tweet-within-a-tweet above, today the New York State Supreme Court dismissed all claims against our client, Logan Cook. He’s “Carpe Donktum,” and this is the infamous. The post Why can’t we all just meme along? appeared first on LIKELIHOOD OF CONFUSION™. MORE
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Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. MORE
Overview - It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that domain name rights are in jeopardy. MORE
by Dennis Crouch. In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia. MORE
We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021. MORE
Steve Schlackman. If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Intellectual Property copyright Public Domain MORE
Singapore’s long awaited and long debated revisions to its copyright law were tabled in Parliament at the beginning of July with a view to enactment by the end of summer. This follows a two-month public consultation by the Law Ministry and Intellectual Property Office. MORE
Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. MORE
The Canadian government released its plans yesterday for online harms legislation with a process billed as a consultation, but which is better characterized as an advisory notice, since there are few questions, options or apparent interest in hearing what Canadians think of the plans. MORE
Image with the text ‘open the gate’ (Image from here ). As is well known now, the Parliamentary Standing Committee on Commerce tabled its Report on the IPR regime in India last week. In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. MORE
A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. See all the details here: [link]. MORE
We are excited to to announce that we are hiring an Associate Attorney in our trademark firm! Details and application information below: Erik M Pelton & Associates – Job Posting Associate Attorney Trademark by Erik Pelton on Scribd. The post We’re hiring! MORE
Last week I posted a blog on the American Music Fairness Act (AMFA), draft US legislation that seeks to end the exemption that US terrestrial broadcasters enjoy with respect to payment of broadcast royalties to performers and labels for playing recorded music. MORE
At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed. MORE
The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. As I record this episode, I’m in between my first and second dose of getting the Pfizer vaccine. I actually heard a friend of mine yesterday refer to it as half-cinated. MORE
In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO. MORE
Plagiarism Today
JULY 27, 2021
On May 21, the popular K-pop band BTS released their latest single, Butter. However, despite the popularity of the track and solid reviews for it, the release itself has been anything but buttery smooth.
Hugh Stephens Blog
AUGUST 9, 2021
Singapore’s long awaited and long debated revisions to its copyright law were tabled in Parliament at the beginning of July with a view to enactment by the end of summer. This follows a two-month public consultation by the Law Ministry and Intellectual Property Office.
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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. Copyright & Content Protection
Erik K Pelton
AUGUST 19, 2021
A “brand” is the sum total of a number of things that go to the heart of a business’ relationship with its customers and within the marketplace of competitors: For more about Building a Bold Brand , see my book ! The post What is a brand made of?
Intellectual Property Law Blog
SEPTEMBER 1, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.
Patently-O
OCTOBER 6, 2021
by Dennis crouch. In re Surgisil, LLP , — 4th — ( Fed. 2021 ). This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases.
JD Supra Law
OCTOBER 4, 2021
On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
AUGUST 25, 2021
This lawsuit involves the Rachel Maddow Show on MSNBC. Based on a story from the Daily Beast , Maddow ran a segment claiming that an OANN employee was on the Kremlin’s payroll, concluding that OANN “really literally is paid Russian propaganda.”
Michael Geist
JULY 30, 2021
The Canadian government released its plans yesterday for online harms legislation with a process billed as a consultation, but which is better characterized as an advisory notice, since there are few questions, options or apparent interest in hearing what Canadians think of the plans.
SpicyIP
AUGUST 21, 2021
We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021.
Plagiarism Today
AUGUST 16, 2021
On Friday, Buzzfeed published an article that highlights the widespread and long-running plagiarism of Snopes CEO and co-founder David Mikkelson.
Hugh Stephens Blog
AUGUST 16, 2021
Creative Law Center
JANUARY 1, 2021
The CASE Act explained. A cost effective way to enforce copyright and fight infringement for small businesses, creatives, and entrepreneurs. The post Copyright Small Claims: How the CASE Act Works appeared first on Creative Law Center. Copyright & Content Protection
Erik K Pelton
AUGUST 14, 2021
A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. See all the details here: [link].
Intellectual Property Law Blog
OCTOBER 8, 2021
This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021.
Patently-O
OCTOBER 8, 2021
by Dennis Crouch. In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia.
JD Supra Law
AUGUST 20, 2021
Overview - It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that domain name rights are in jeopardy.
TorrentFreak
SEPTEMBER 27, 2021
Sometime in 2004, a new site appeared hoping to provide a better service to fans of the growing video emulation scene.
Technology & Marketing Law Blog
AUGUST 18, 2021
In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. That primer proved to be quite popular, and I posted annual updated versions in summer 2019 and 2020.
Likelihood of Confusion
JULY 9, 2021
As it says in the tweet-within-a-tweet above, today the New York State Supreme Court dismissed all claims against our client, Logan Cook. He’s “Carpe Donktum,” and this is the infamous. The post Why can’t we all just meme along? appeared first on LIKELIHOOD OF CONFUSION™.
SpicyIP
JULY 31, 2021
Image with the text ‘open the gate’ (Image from here ). As is well known now, the Parliamentary Standing Committee on Commerce tabled its Report on the IPR regime in India last week. In about 150 pages the Report suggests a major reevaluation of the IP framework in the country.
Plagiarism Today
SEPTEMBER 23, 2021
If you’ve had any issues with copyright over the past few years, whether you are on YouTube, Facebook or even operating your own website, it’s probable that your issue didn’t start with a human, but with a bot.
Hugh Stephens Blog
JULY 26, 2021
Last week I posted a blog on the American Music Fairness Act (AMFA), draft US legislation that seeks to end the exemption that US terrestrial broadcasters enjoy with respect to payment of broadcast royalties to performers and labels for playing recorded music.
Creative Law Center
AUGUST 21, 2021
The independent life of fictional characters. Consider them an additional creative asset in a writer’s intellectual property portfolio. The post Are Fictional Characters Protected Under Copyright Law? appeared first on Creative Law Center. Copyright & Content Protection
Erik K Pelton
JUNE 22, 2021
We are excited to to announce that we are hiring an Associate Attorney in our trademark firm! Details and application information below: Erik M Pelton & Associates – Job Posting Associate Attorney Trademark by Erik Pelton on Scribd. The post We’re hiring!
Intellectual Property Law Blog
SEPTEMBER 20, 2021
At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed.
Patently-O
JULY 6, 2021
by Dennis Crouch. VoIP-Pal.com, Inc. Apple, Inc. , 20-1809 (Supreme Court 2021). VoIP-Pal sued Apple for infringing its U.S. Patent Nos. 9,537,762; 9,813,330; 9,826,002; and 9,948,549. Apple filed four petitions for for inter partes review, but all four were denied by the PTAB.
JD Supra Law
AUGUST 13, 2021
The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing.
TorrentFreak
SEPTEMBER 5, 2021
Over the past decades, the entertainment industries have tried out numerous anti-piracy PSAs. One of the most iconic videos is without doubt the “You Wouldn’t Steal a Car” campaign, which has proven to be a fertile breeding ground for memes and satire.
Technology & Marketing Law Blog
SEPTEMBER 28, 2021
[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow.
Michael Geist
AUGUST 5, 2021
Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated.
SpicyIP
AUGUST 27, 2021
A photograph of Prof. (Dr.) Shamnad Basheer.
Plagiarism Today
OCTOBER 5, 2021
Disclosure: Though I have no relationship or connection with this story, I am a long-time fan of James Rolfe and his work. James Rolfe is one of the most famous YouTubers working today.
Hugh Stephens Blog
AUGUST 3, 2021
Art Law Journal
JULY 15, 2021
Steve Schlackman. If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Intellectual Property copyright Public Domain
Erik K Pelton
JULY 6, 2021
The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. As I record this episode, I’m in between my first and second dose of getting the Pfizer vaccine. I actually heard a friend of mine yesterday refer to it as half-cinated.
Intellectual Property Law Blog
AUGUST 30, 2021
In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO.
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