2005 - Intellectual Property Pulse

Journey Through “Mays” on SpicyIP (2005 – Present)

SpicyIP

SEPTEMBER 8, 2024

We aimed to explore SpicyIP’s history, which began in October 2005, ‘from the sprawling cornfields of Illinois, Champaign,’ by our beloved Professor Shamnad Basheer. I began the series with a sense of Sankofa —aiming to fetch what was left behind (if any) and see how we can take things forward.

Advertising

Advertising Advertising IP Patent

Best of 2005: Culture Killers or Pains in the Neck?

Likelihood of Confusion

MAY 14, 2024

First posted on February 17, 2005. Says the review in Wired: To prove his point that the commons is under attack, Bollier has filled Bullies with example after example of […] The post Best of 2005: Culture Killers or Pains in the Neck?

Branding

Branding Branding Brands Reporting

SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From the Judicial Side

SpicyIP

AUGUST 31, 2023

Image from studio tdes here Right to Information (RTI) Act, 2005 has been in the news for the last few days, especially for its dilution at the hands of the Digital Personal Data Protection Act, 2023 which takes away the public interest test while exempting personal information from the RTI Act. See here and here for more on this).

Publishing

Publishing IP Trademark Copyright

Journey Through “Augusts” on SpicyIP (2005 – Present)

SpicyIP

SEPTEMBER 11, 2023

In this post, let’s continue the journey and sift through SpicyIP’s “August” pages from 2005 to the present and see where we have arrived after all these years. If you have missed the previous posts of this series or want to follow it, please check SpicyIP Flashbacks !

IP

IP Reporting Plagiarism Government

Journey Through “Julys” on SpicyIP (2005 – Present)

SpicyIP

AUGUST 3, 2023

Now, once more, guided by Sankofa sense, I set out to sift through the SpicyIP pages, starting from 2005 and journeying through the “Julys” of years past, to see what we have got or lost over the years.

Registration

Registration IP Copyright Blogging

Journey Through “Novembers” on SpicyIP (2005 – Present)

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Image from here November has passed. We stand on the cusp of bidding farewell to 2023 with just 10 days remaining! As you may know, this is part of our monthly series “ Sifting Through SpicyIP Pages.”

Personality Rights

Personality Rights IP Licensing Copyright

Best of 2005: Reversal Strummed Up in Gibson Guitars Case

Likelihood of Confusion

NOVEMBER 25, 2022

The post Best of 2005: Reversal Strummed Up in Gibson Guitars Case appeared first on LIKELIHOOD OF CONFUSION™. Nashville-based Gibson Guitar Corporation has lost a legal battle. A federal appeals court has ruled that a competitor‘s copy of Gibson’s popular Les Paul model.

Copying

Copying Reporting Trademark Law Music

Journey Through “Januarys” on SpicyIP (2005 – Present)

SpicyIP

FEBRUARY 27, 2024

This time, I have journeyed through the pages “Januarys” on SpicyIP since 2005 and got you some stories that, I think, have kept us occupied over the years. Image from here Welcome back to the “ Sifting Through SpicyIP Pages ” series! It’s the 8th post of this monthly series.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Business Moral Rights

Should I Register 2020 Vinyl Re-Release or 2005 Original CD?

Dear Rich IP Blog

OCTOBER 27, 2020

Dear Rich: My band released a CD in 2005, and we never filed Form SR or PA for the album and underlying works. Should I file the SR and PA for the 2005 release? The date for the song publication would be 2005.) Or should I treat the 2020 vinyl reissue as a new entity?

Artwork

Artwork Music Registration Copyright

Journey Through “Octobers” on SpicyIP (2005 – Present)

SpicyIP

NOVEMBER 8, 2023

Image from here As October passed, Halloween festivities and the Day of the Dead provided a backdrop for contemplating the past. After all, reflecting on what’s passed helps us anticipate what’s ahead. This brings me to my Octobers’ sift – a sift that yielded some sinuous IP stories.

Trademark

Trademark Publishing Journalism Copyright

Journey Through “Septembers” on SpicyIP (2005 – Present)

SpicyIP

OCTOBER 19, 2023

Basheer discussing the study he conducted on opposition to pharmaceutical patent applications between 2005 and 2008 showing their abysmal number (3 % of the total applications filed!). Patent Opposition: Navigating SpicyIP’s September pages, I chanced upon a 2009 piece from Prof.

Patent Prosecution

Patent Prosecution Reporting Blogging Patent

Patent Case Summaries | Week Ending October 2024

JD Supra Law

OCTOBER 31, 2024

2022-1815, -2005, -2113 (Fed. NexStep, Inc. Comcast Cable Communications, LLC, Nos. Opinion by Chen, joined by Taranto. Opinion concurring in part and dissenting in part by Reyna. By: Alston & Bird

Patent

Loper Bright Limits Federal Agencies' Ability To Alter Course

IP Law 360

AUGUST 7, 2024

Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

Branding

Branding Brands Branding

Hooters Overreaching on Trade "Dress": You can look but you’d better not touch

Likelihood of Confusion

NOVEMBER 15, 2024

Originally posted 2005-01-27 09:21:00. Republished by Blog Post PromoterIP News Blog at Pierce reports that the high-class joint Hooters has lost an attempt to claim trade dress rights in the colors worn by their high-class waitresses. What was this “trade dress”?

Blogging

Blogging Reporting

Federal Circuit Patent Watch: Expert’s “Word Salad” Testimony Not Sufficient to Support a Finding of Infringement under the Doctrine of Equivalents

JD Supra Law

NOVEMBER 6, 2024

COMCAST CABLE COMMUNICATIONS, LLC [OPINION] (2022-1815, 2022-2005, 2022-2113, 10/24/2024) (Reyna, Taranto, Chen) - Chen, J. Precedential and Key Federal Circuit Opinions - NEXSTEP, INC. The Court affirmed the district court’s judgment of non-infringement in favor of Comcast.

Patent

Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference

Intellectual Property Law Blog

DECEMBER 15, 2023

VSI”), asserted that the claimed invention of the challenged patents was conceived in early 2005. Teleflex, owner of the challenged patents that were developed by Vascular Solutions Inc. (“VSI”), Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. §

Art

Art Inventor Invention Patent

'Sophie's Choice' Theatrical Rights Deal Long Over, Court Told

IP Law 360

OCTOBER 9, 2024

The 95-year-old widow of "Sophie's Choice" author William Styron urged a judge on Wednesday to dismiss a lawsuit alleging that she broke a deal for the theatrical rights to the 1979 novel, saying the agreement signed between the playwright plaintiff and her late husband in 2005 and several later agreements expired more than five years ago.

Protecting the ‘Look’ of a Product Can Dramatically Increase Its Value; Listen to Ep6 of ‘Understanding IP Matters’, Now Available

IP Close Up

FEBRUARY 13, 2024

Between 2005 and 2020 the number of U.S. design patent grants almost tripled. The increased focus on product form (“look”) as a part of function, Continue reading

Design Patent

Design Patent Designs Design IP

Affaire Servier : la Cour de justice de l’Union censure l’arrêt du Tribunal et lui renvoie la balle

JD Supra Law

JULY 16, 2024

Le 27 juin 2024, le laboratoire pharmaceutique Servier – qui, entre 2005 et 2007, avait conclu plusieurs accords transactionnels en matière de brevets impliquant des paiements inversés avec des génériqueurs (Niche/Unichem, Matrix, Teva, Lupin et Krka) – a largement perdu son combat contre la Commission européenne (la « Commission »).

Amici File Briefs Supporting Competing Petitions in $1 Billion Copyright Case Between Cox and Sony

IP Watchdog

SEPTEMBER 23, 2024

If the Supreme Court grants either or both of the petitions, it could result in the Court’s greatest foray into indirect liability in the digital copyright infringement context since its 2005 ruling in MGM Studios v. Grokster.

Copyright

Copyright Copyright Infringement Music Publishing

iDiots

Likelihood of Confusion

AUGUST 12, 2024

Originally posted 2005-04-26 19:45:00. Republished by Blog Post PromoterThe AP reports that Apple has responded to a new book about Steve Jobs entitled iCon Steve Jobs: The Greatest Second Act in the History of Business by yanking all the books by the publisher, John Wiley & Sons, off the shelves of its Apple stores.

Blogging

Blogging Publishing Reporting Business

For Sale: Cabbage Patch Dolls, Pet Rocks

Likelihood of Confusion

AUGUST 17, 2023

Originally posted 2005-01-04 11:01:11. See, the Blog Herald is asking the same question I did: Is 2005 the “Year of the Blog Backlash”? Republished by Blog Post Promoter Aha! The post For Sale: Cabbage Patch Dolls, Pet Rocks appeared first on LIKELIHOOD OF CONFUSION™.

Blogging

The PREP Immunity Question Won't Be Decided Yet

IP Law 360

MAY 14, 2024

The Federal Circuit opted Tuesday not to say whether a 2005 public health law provides any legal immunity in a patent dispute between rival manufacturers of COVID-19 test swabs, leaving the thorny question unanswered.

Law

Law Patent

Linker from a Grok Land

Likelihood of Confusion

AUGUST 24, 2024

Originally posted 2005-01-28 09:36:00. Republished by Blog Post PromoterDoing my morning website traffic analysis, I noticed an extraordinary traffic spike, not to the blog, but to our firm website. What gives? Thankfully, my terrific hosting company, Capalon in Baltimore, provides great tracking tools.

Blogging

Kärcher successfully enforces its abstract colour trade mark

The IPKat

NOVEMBER 11, 2024

305255835 for ‘zinc yellow’ (RAL 1018): The trade mark was registered in 2005 on the basis of acquired distinctiveness for ‘motor-driven cleaning devices that work with a high-pressure water jet; the aforementioned devices for use outside the home’ in class 7. Kärcher had submitted three surveys from 2005, 2018 and 2022.

Law

Law Designs Design Marketing

NCAA Loses Bid To Sink Reggie Bush Defamation Suit

IP Law 360

MAY 30, 2024

The NCAA has failed in its bid to get an early toss of the defamation suit filed by 2005 Heisman Trophy winner Reggie Bush, with an Indiana court ruling a dismissal is premature at this point because the former running back has met the pleading standards.

Reggie Bush Scores Heisman Back After Nearly 15 Years

IP Law 360

APRIL 24, 2024

Nearly 15 years after being stripped of his records and awards, former University of Southern California running back and football legend Reggie Bush is getting his 2005 Heisman Trophy back, with the Heisman Trophy Trust citing "enormous changes" in the college football environment.

NCAA, Bush Tussle Over Strength Of Defamation Claims

IP Law 360

APRIL 29, 2024

Former USC running back Reggie Bush's defamation brawl with the NCAA continued on Monday as the 2005 Heisman Trophy winner urged an Indiana state court to keep his lawsuit alive, arguing it is too early to throw the case out as the NCAA wishes.

Divided PTAB Sinks Wildseed Mobile IP In Wins For Google

IP Law 360

MAY 30, 2024

The Patent Trial and Appeal Board has issued a pair of rulings wiping out claims in two patents asserted by a litigation outfit targeting the way that ads work on YouTube, but the decisions included a rare dissent-in-part from an administrative judge who disagreed on how a 2005 Sony patent application fit into the dispute.

Patent Application

Patent Application IP Litigation Patent

Inducing More Blogging

Likelihood of Confusion

JUNE 27, 2024

Originally posted 2005-02-23 23:16:00. Republished by Blog Post PromoterKevin Heller announces on Tech Law Advisor that I have joined the Induce Act Blog, which means I must have. (If If there’s one thing everyone agrees on by now, it’s that bloggers can be trusted implicitly.)

Blogging

Blogging Law

Tips From a Former Examiner: Pre-Appeal Brief Review

IP Watchdog

MAY 24, 2022

Since 2005, the USPTO has provided an ongoing pilot program in which an appellant, upon the filing of a notice of appeal, may also request a pre-appeal brief review. Why make this request?

Patent Application

Patent Application Patent Trademark Patent Prosecution

Taking A Closer Look At Fed. Circ. Claim Construction Split

JD Supra Law

JANUARY 30, 2024

decision in 2005 that purported to establish the definitive standard for claim construction, two disparate lines of claim construction case law have emerged in Federal Circuit panel decisions. Despite the U.S. Court of Appeals for the Federal Circuit's en banc Phillips v.

Law

"MEET THE BLOGGERS" Postponed Until 2025

The TTABlog

APRIL 11, 2024

MEET THE BLOGGERS - San Diego 2005 (Click on photo from larger picture) Read comments and post your comment here. Marty Schwimmer and yours truly, the TTABlogger , have decided to postpone our next MEET THE BLOGGERS get-together until next year. For some reason, I think it will be in Philadelphia. Does that ring a bell? Text Copyright John L.

Copyright

False Declaration of Incontestability Not Enough to Cancel US Trademark Registration

JD Supra Law

DECEMBER 20, 2023

2929764 for DANTANNA’S, in association with “steak and seafood restaurant[s]”, since March 2005. Great Concepts has owned Registration No. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark based on a likelihood of confusion with his common law DAN TANA mark, used in association with restaurant services.

Registration

Registration Trademark Law

Cross-Border Inventing

Patently-O

NOVEMBER 17, 2022

From 2005 to 2022, the average number of inventors per patent rose from 2.5 By 2005, only 37% of utility patents were single inventor endeavors. Further, residence is typically designated at the time the patent application is filed, and inventors may have moved in the interim between inventing and their US filing. up to over 3.

Invention

Invention Inventor Patent Application Reporting

MasterCard Loses Another Attempt To End Patent Case

IP Law 360

FEBRUARY 28, 2024

The Federal Circuit ruled Wednesday that MasterCard will have to continue litigating against a patent litigation outfit that the credit card company has been fighting for almost a decade over language in a 2005 patent licensing agreement, with one judge pointing out that the case "illustrates the importance of carefully reviewing the language in a (..)

Patent

Patent Litigation Licensing

Judge Finds IP Asserted Against Netflix Was Sold Years Ago

IP Law 360

JANUARY 8, 2024

A federal judge in Oakland dismissed a Finnish executive's infringement case against Netflix, finding Monday that the patent had actually been sold off in 2005 and rejecting arguments that cited Scandinavian ownership disputes involving unclaimed shipwrecks and piles of leather found "in a waste pile."

Ownership

Ownership IP Patent

Nickelback Can Beat 'Rockstar' Copyright Suit, Judge Advises

IP Law 360

FEBRUARY 16, 2023

A Texas federal judge has been advised to hand a victory to Nickelback in a copyright infringement suit claiming the rock band's 2005 hit "Rockstar" ripped off a Texas singer's earlier track called "Rock Star."

Copyright

Copyright Copyright Infringement

FDA Issues Draft Guidance for Software Contained in Medical Devices

JD Supra Law

NOVEMBER 10, 2021

The final version will eventually replace the FDA’s “Guidance for the Content of Premarket Submissions for Software Contained in Medical Devices,” originally released in May 2005. By: Knobbe Martens

Black History Month in 2023

The Illusion of More

FEBRUARY 21, 2023

But from there, one might say, as Morgan Freeman suggested in a 2005 interview with Mike Wallace, […] The post Black History Month in 2023 appeared first on The Illusion of More. On its face, it affirms that no honest or thorough narrative about the United States can possibly exclude the Black story.

Copyright

5th Circ. Sides With Nickelback In 'Rockstar' Copyright Fight

IP Law 360

FEBRUARY 20, 2024

The Fifth Circuit on Monday ruled against an artist who claims Canadian rock band Nickelback ripped off his song for its 2005 hit "Rockstar," saying that singing about making lots of money or referencing sports are rockstar clichés and does not show a striking similarity.

Copyright

Free Expression vs. Copyright in the Digital Age

Likelihood of Confusion

MARCH 4, 2024

Here’s a “sneak preview” that was excerpted [when this item was first posted] from a paper to be delivered at Emory University’s Conference on Free Culture & the Digital Library in October 2005. The Free Expression Policy Project. We get a little mention.

Copyright

Copyright Fair Use Copyright Law Law

Nickelback Says TM Challenger Strikes Sour Note At 5th Circ.

IP Law 360

JANUARY 10, 2024

An attorney for the band Nickelback told the Fifth Circuit on Wednesday that a Houston-area man is making "too many leaps of logic" by claiming the band stole one of his songs to make its 2005 hit "Rockstar," telling the court that his allegation that the band's label got a copy of his song and passed it along to Nickelback is thin at best.

Copying

'My Poops' Rips 'My Humps': BMG Says Jingle Is Fake Fergie

IP Law 360

JANUARY 19, 2023

s Poopsie Slime Surprise toy line infringe the copyright of the Black Eyed Peas' 2005 smash hit "My Humps," BMG Rights Management said in a complaint filed in New York federal court on Thursday. A song called "My Poops" voiced by a Fergie-like singer and an accompanying music video promoting MGA Entertainment Inc.'s

Music

Music Copyright

Journey Through “Mays” on SpicyIP (2005 – Present)

Best of 2005: Culture Killers or Pains in the Neck?

Trending Sources

SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From the Judicial Side

Journey Through “Augusts” on SpicyIP (2005 – Present)

Journey Through “Julys” on SpicyIP (2005 – Present)

Journey Through “Novembers” on SpicyIP (2005 – Present)

Best of 2005: Reversal Strummed Up in Gibson Guitars Case

Journey Through “Januarys” on SpicyIP (2005 – Present)

Should I Register 2020 Vinyl Re-Release or 2005 Original CD?

Journey Through “Octobers” on SpicyIP (2005 – Present)

Journey Through “Septembers” on SpicyIP (2005 – Present)

Patent Case Summaries | Week Ending October 2024

Loper Bright Limits Federal Agencies' Ability To Alter Course

Hooters Overreaching on Trade "Dress": You can look but you’d better not touch

Federal Circuit Patent Watch: Expert’s “Word Salad” Testimony Not Sufficient to Support a Finding of Infringement under the Doctrine of Equivalents

Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference

'Sophie's Choice' Theatrical Rights Deal Long Over, Court Told

Protecting the ‘Look’ of a Product Can Dramatically Increase Its Value; Listen to Ep6 of ‘Understanding IP Matters’, Now Available

Affaire Servier : la Cour de justice de l’Union censure l’arrêt du Tribunal et lui renvoie la balle

Amici File Briefs Supporting Competing Petitions in $1 Billion Copyright Case Between Cox and Sony

iDiots

For Sale: Cabbage Patch Dolls, Pet Rocks

The PREP Immunity Question Won't Be Decided Yet

Linker from a Grok Land

Kärcher successfully enforces its abstract colour trade mark

NCAA Loses Bid To Sink Reggie Bush Defamation Suit

Reggie Bush Scores Heisman Back After Nearly 15 Years

NCAA, Bush Tussle Over Strength Of Defamation Claims

Divided PTAB Sinks Wildseed Mobile IP In Wins For Google

Inducing More Blogging

Tips From a Former Examiner: Pre-Appeal Brief Review

Taking A Closer Look At Fed. Circ. Claim Construction Split

"MEET THE BLOGGERS" Postponed Until 2025

False Declaration of Incontestability Not Enough to Cancel US Trademark Registration

Cross-Border Inventing

MasterCard Loses Another Attempt To End Patent Case

Judge Finds IP Asserted Against Netflix Was Sold Years Ago

Nickelback Can Beat 'Rockstar' Copyright Suit, Judge Advises

FDA Issues Draft Guidance for Software Contained in Medical Devices

Black History Month in 2023

5th Circ. Sides With Nickelback In 'Rockstar' Copyright Fight

Free Expression vs. Copyright in the Digital Age

Nickelback Says TM Challenger Strikes Sour Note At 5th Circ.

'My Poops' Rips 'My Humps': BMG Says Jingle Is Fake Fergie

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