LexBlog IP

NOVEMBER 3, 2023

On September 29, 2023, the Trademark Trial and Appeal Board (“TTAB” or the “Board”) issued its 28 th precedential decision of the year, this time focusing on appropriate discovery submissions and procedure. RLP Ventures, LLC v. Panini America, Inc. , 91268816 (TTAB 2023).

Confidentiality 52

Confidentiality Registration Trademark Intellectual Property 52

Patently-O

NOVEMBER 16, 2023

Rob Merges on the topic. The framework provided a key procedural process and hundreds of decisions gave the opportunity to work through ambiguities. by Dennis Crouch I have really enjoyed reading the new article by Professors Rantanen and Datzov providing empirical evidence that eligibility outcomes are now quite predictable.

Patent Prosecution 49

Patent Prosecution Patent Application Law Patent 49

The IPKat

MAY 8, 2022

Rarer still is where the UK IPO raises an allegation of bad faith of its own motion during examination of a trade mark application. Precisely this situation arose during examination of two recent trade mark applications for marks that included the name of famous footballers. 3587268 and No.

Licensing 92

Licensing Related Rights Registration Publishing 92

SpicyIP

MARCH 4, 2024

Malobika is a 2nd year PhD scholar and a full-time Teaching Assistant at WBNUJS, Kolkata, who is working on examining the need for, and contribution of “Experts” in IP dispute adjudication. Baghla Sanitaryware is the classic case when trademark justice to prevent infringement clashes with procedural rigors. Malobika Sen!

Invention 59

Invention Trademark IP Patent 59

The IPKat

JUNE 21, 2022

Harper continues with the topic of IP as complex phenomena in Chapter 2. Zappalaglio’s contribution covers the history of EU sui generis regime (including its roots in national systems of EU Member States), the bureaucratic procedures to register a GI, as the concept of origin in EU GI law.

Intellectual Property 126

Intellectual Property Invention Social Media IP 126

The IPKat

JANUARY 27, 2023

It is also worth noting that Opposition and Examining Division proceedings are another matter when it comes to ViCo (which was not directly considered in G 1/21 , which only related to Boards of Appeal oral proceedings). but no opportunity has been provided to input free text comments on this topic.

Reporting 85

Reporting Patent 85

Kashishipr

JANUARY 12, 2022

They qualify as a metadata tag and aid the user to create, identify, follow, and contribute to a particular conversation or a topic on social networking sites and across other internet applications. Soon, this may turn up as a hot topic soaring attention from the legal fraternity. ? Answer the Big Question. For more visit: [link].

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 49

Art Business Patent Settlement 49

Kluwer Copyright Blog

DECEMBER 28, 2021

Through a comparative perspective, the Report examines the scope of protection of audiovisual sports content in the national framework of the 27 EU member states and the UK. The Resolution of the European Parliament on protection of live sports events and Frosio, G. and Bulayenko, O.,

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

Erik K Pelton

DECEMBER 28, 2020

Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. The summer protests following the killing of George Floyd also led to dozens of trademark filings related to the protest topics. There are now more than 2,000,000 active U.S. trademark registrations!

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

JULY 5, 2023

During the process of registering a trademark, an applicant may encounter two obstacles: a) Objections; b) Contradictions Trademark Objections Trademark objections are those that a client encounters during the early stages of the registration procedure. During the course of reviewing the request, the registrar may propose changes.

Trademark 59

Trademark Registration Branding Brands 59

IP and Legal Filings

FEBRUARY 5, 2024

Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance.

Government 78

Government Business Reporting Confidentiality 78

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

The USPTO also has a Trademark Manual of Examining Procedure (the “TMEP”). The TTAB often defers to the Federal Rules of Civil Procedure when an issue has not already been resolved by precedential case law or otherwise explored in the TBMP. Keep in mind that all Federal Circuit case law is binding on the TTAB.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

The IPKat

DECEMBER 28, 2021

ViCo oral proceedings were reserved for a minority of Examining divisional oral proceedings, at the request of the applicant. A referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence ( Case Law of the Boards of Appeal, I-D-4.6 ).

Invention 67

Invention Publishing Patent Law 67

IP and Legal Filings

JANUARY 15, 2024

It also covered topics including job security and workplace discrimination against expectant workers. The following topics are covered under the act: Eligible Employee: Women working in factories, mines, plantations, stores, and establishments with ten or more employees are covered by the act. It built on the 1957 amendment.

Law 84

Law Government Publishing Business 84

Herbert Smith Freehills

MARCH 9, 2023

I would expect most procedural hearings, for example, to be held virtually from now on. For example, witnesses who are unwilling or unable to travel to a hearing can easily be examined virtually. Diversity remains a hot topic, but there are signs of progress – particularly as regards gender. I can't see that going away.

Business 52

Business Reporting Government Publishing 52

IP and Legal Filings

AUGUST 4, 2022

This article seeks to examine the impact and effect of the trade of Geographical Indication around the globe. It further depends upon flexible marketing strategies, long term strict regulations and safeguard procedures.

Artwork 80

Artwork Intellectual Property Intellectual Property Law Business 80

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

The topic of interest is related to both the cellular and molecular aspects of biological objects. This multistage process comprised the filling of an application, processing, screening and classification, publication, examination, hearing if required, pre-grant opposition (if any), grant, or rejection.

Patent 92

Patent Inventor Invention Intellectual Property 92

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): 1 Case; Procedure / Standing: 6 Cases; Eligibility ( AmAxle Redux): 3 Cases; and. Randomness (don’t bother with these): 2 Cases.

Patent Law 125

Patent Law Law Patent Invention 125

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright. Image by Gerd Altmann from Pixabay.

Technology 96

Technology Marketing Marketing Copyright 96

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Obviously, these examiners also need to be given adequate time to scrutinize the ever-increasing number of new patent applications per year thoroughly.

Blogging 64

Blogging Law IP Copyright 64

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. Enter the AI Act: Transparency and Content Moderation Safeguards Before we proceed, it is important to clarify at what stage we are in the legislative procedure of the EU AI Act.

Copyright 138

Copyright Fair Use Copyright Law Law 138

The IPKat

JANUARY 4, 2023

The session will provide an up to date understanding of relevant procedures and considerations, as well as how these differ from local practice. In this webinar, Amanda Murphy and Darren Jiron of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP will provide an overview of post-grant challenges and procedures in the U.S.

IP 67

IP Government Designs Design 67

Copyright Lately

OCTOBER 24, 2022

The desire to avoid litigation at all costs has helped to create a “clearance culture” in which the standard operating procedure is for content creators to obtain a license (often at substantial expense) for every use of copyrighted material appearing in a production, regardless of whether permission is legally required.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

LexBlog IP

SEPTEMBER 29, 2022

The sound of the engine, like that of the pull-top, just did not impress the examiners and others as distinctive. As one commentator noted , “[t]he USPTO’s regulatory guidelines for the examination and registration of sound marks are set forth in Section 1202.15

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. The present order is being widely seen as a ‘historic win for farmer’s rights in India, despite its effect being limited to procedural diligence. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

The Director’s de novo review yields no deference to the panel’s decision, a stark contrast to the rehearing procedure, which is limited to issues “the Board misapprehended or overlooked,” 37 C.F.R. Likewise, as with rehearing, the interim procedures do not reserve briefing for the non-requesting party. Institution Reviewability.

Reporting 52

Reporting Art Invention Patent 52

IP and Legal Filings

DECEMBER 21, 2023

The States are required to provide “the same opportunities to participate actively in sports and physical education” to “men and women” according to Article 10(g) of this treaty, which deals with the topic at hand. The responsibility includes putting in place defined rules, moral standards, and reporting procedures.

Reporting 72

Reporting Journalism Government Law 72

LexBlog IP

JANUARY 17, 2022

Topics and speakers. In the event your business is involved in a contract dispute, your best chance for a successful outcome may depend on the terms and dispute resolution procedures set forth in your agreements and contracts. Click here to download the brochure.

Registration 52

Registration Contracts Business Intellectual Property 52

Trading Secrets

DECEMBER 29, 2022

Employee compensation thresholds must be carefully examined to determine if covenants are prohibited under state law for lower earning employees. its training procedures, and its off-boarding policies. Particular attention should be paid to timing for notifying employees of covenant provisions and providing agreements for review.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Employee compensation thresholds must be carefully examined to determine if covenants are prohibited under state law for lower earning employees. its training procedures, and its off-boarding policies. Particular attention should be paid to timing for notifying employees of covenant provisions and providing agreements for review.

Confidentiality 40

Confidentiality Business Law Contracts 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Alvotech hf. See -2289 Dkt. 761; see also Dkt. 3d 66 (D.D.C.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. Section 230 does more than gap–it’s also a procedural fast lane to reach the inevitable result. “there’s no First Amendment right for censors to select their targets.”

Social Media 136

Social Media Publishing Law Blogging 136

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. High procedural costs in time and money, insufficient remedies. Administrative remedies: injunction; civil compensation; some criminal penalties.

IP 59

IP Marketing Marketing Patent 59