Erik K Pelton
MARCH 16, 2021
TPAC met last Friday. I was waiting for the USPTO to post the full slide deck, but that hasn’t happened yet and I wanted to share these very important data points and slides. See some of the most important slides that I captured below. TLDR: All of the following are rising considerably : Applications, revenues, examination pendency, USPTO employment, scams and bad faith actors.
Creative Law Center
MARCH 22, 2021
To use song lyrics in your fiction, you need to: (1) Use a song in the public domain; (2) Get permission; (3) Establish fair use ; or (4) Not do it. The post How to Use Song Lyrics in Your Fiction [INFOGRAPHIC] appeared first on Creative Law Center.
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Intellectual Property Law Blog
MARCH 2, 2021
December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Following the abrogation of Form 18, patent infringement claims must satisfy the plausibility standard articulated in Bell Atlantic Corp. v. Twombly , 550 U.S. 544 (2007) and Ashcroft v.
WIPO Magazine
MARCH 14, 2021
Smartphones have revolutionized the interaction between consumers and brands. Zeeger Vink, IP Director at MF Brands Group (Lacoste) offers tips on what companies need to do to optimize app design and protection.
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
MARCH 30, 2021
Apart from talent, artists require a certain level of “buzz” in order to progress to new levels of recognition in their art careers. The post How to Develop a Buzzworthy Artist Branding Strategy appeared first on Art Business Journal.
CopyrightsWorld
MARCH 17, 2021
The short answer to that question is “yes”. Firstly, let’s define what “licensed revenue” is: money earned through the licensed use of intellectual property that has a copyright attached to it. More specifically, it is intellectual property that is permitted to be used by another company for profit by the copyright holder. So, for instance, say one of your photographs is chosen for use by a travel agency for one of their campaigns.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Olartemoure Blog
MARCH 16, 2021
If you need brand protection in Colombia, this information might be useful: Colombian Customs’ Authorities issue alerts by email. Ask your attorney to include your email address as a reference for authorities, so you receive the same alerts your attorney gets. Training sessions in Colombia are still necessary. This way authorities will remember your trademark and provide a way for you to clearly show what your company is doing and what your main products are.
Intellectual Property Law Blog
MARCH 29, 2021
The Situation. Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. As a result, the Examiners may find claims directed to merely applying the blockchain technology to execute legal or commercial contracts, for example, as part of a commerce system, like he
WIPO Magazine
MARCH 14, 2021
Ever wished someone would reinvent the way we charge our mobile devices? Well, that's what Energysquare, a young French startup has done. Find out more about their cool wireless charging technology and how they are building a business around their IP.
JIPL Online
MARCH 15, 2021
By: Baylee Carter. INTRODUCTION. Today, people are watching Netflix more than ever, and Netflix is churning out seemingly endless content. With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.
Advertiser: IPO
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
IP Blog
MARCH 12, 2021
Books have been a cornerstone of education and entertainment for centuries, and are still a key medium for the exploration and sharing of ideas. Therefore, it is no surprise that they occupy a special place in the sphere of Intellectual Property (IP) and the historical development of IP rights.
Erik K Pelton
MARCH 30, 2021
There are numerous and significant differences between the two USPTO TEAS trademark application forms. One question that comes up a lot when people go to file a trademark application at the USPTO (US Patent and Trademark Office) is TEAS PLUS versus TEAS STANDARD application forms. A TEAS Plus application has a lower filing fee, currently $250 per class.
CopyrightsWorld
MARCH 9, 2021
Not panicking is easier said than done, especially when it comes to something you have poured your heart into, perhaps even spent years creating. Nevertheless, reacting too quickly, without enough prep-work, and, potentially, without expert advice, can cause more harm than good. It may even land you, the wronged party, in hot water. Luckily, you are one of many creators today who have to work to protect their work against potential copyright infringement, be it accidental, or very much deliberat
Intellectual Property Law Blog
MARCH 25, 2021
Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art. This boom is creating great opportunities for IP owners who want to license their IP for use in NFTs.
WIPO Magazine
MARCH 15, 2021
Trade secrets are a common and practical way for business to maintain a competitive advantage. Recent improvements in trade secret laws around the world have created more opportunities for SMEs to increase enterprise value and prevent loss of data assets by using them. Find out more.
Art Law Journal
MARCH 16, 2021
Whether or not an artist’s work is selling or being shown extensively shouldn’t be the only factor considered when building an art collection. The post Build an Art Collection that Supports Emerging Artists appeared first on Art Business Journal.
Trademark and Copyright Law Blog
MARCH 11, 2021
March 8 was, according to questionable sources , National Retro Video Game Day in the US. As one of Foley Hoag’s several resident video game nerds, this reminded me of one of my favorite video-game-related IP disputes. In the 1970s, a nearly century-old Japanese playing card company called Nintendo started to branch out into electronic gaming, and in 1979 started a coin-operated arcade gaming division.
Erik K Pelton
MARCH 29, 2021
The following is an edited transcript of my video, Rome Wasn’t Built in a Day and Neither is Trademark Protection. A few years back, I had an incredible opportunity to spend a week in Rome with my family and friends. It was a spectacular trip for many reasons – of course, the food, the culture, but also the history and the architecture are unbelievable.
CopyrightsWorld
MARCH 1, 2021
Since you are reading this article you’re most likely either a designer working on brand identity and logos, or a business owner. Here is what you should know getting started: A logo can be protected by both copyright and trademark, depending on how it is used. A logo copyright protects a creative design or an expression of an idea, while a logo trademark protects things that identify a business on the marketplace.
Intellectual Property Law Blog
MARCH 25, 2021
Everything is being tokenized these days, including art, games, collectibles and much more. The record prices being fetched have created an NFT frenzy. This distribution model has created a new channel for monetization of creative IP. Given some of the unique aspects of NFTs, IP owners need to rethink their IP protection and licensing strategies. IP protection strategies should include specific protection relating to NFTs.
WIPO Magazine
MARCH 14, 2021
The European Union Intellectual Property Office (EUIPO) offers insights from its recent studies which shows the SMEs that own IP rights have a 68 percent higher revenue per employee than those that do not own any IP rights.
IP Blog
MARCH 10, 2021
Asking and answering the question, "What are the four types of Intellectual Property?" in a comprehensive manner will ultimately lead you to the best practices for keeping your intangibles under lock and key.
Art Law Journal
MARCH 9, 2021
Whether or not you manage to sell your artwork is driven not by the product, but what you do with the product. Here are some of the most crucial factors. The post 8 Reasons Why You’re Not Successful Selling Artwork appeared first on Art Business Journal.
Erik K Pelton
MARCH 25, 2021
A ship needs several key elements to be seaworthy and withstand the risks and battering of being out at sea. On a recent trip to the Atlantic Ocean, I was struck by this metaphor – a brand also needs several key features to be “seaworthy” and withstand the uncertainties and dangers that lie ahead. Proper use over time propels the brand, like the sails of a boat.
Corsearch
MARCH 11, 2021
Did you know that in 2020, over 46,000 trademark applications were filed in Class 5 (Pharmaceuticals and Medical Supplies) in the USPTO and the EUIPO?
Intellectual Property Law Blog
MARCH 15, 2021
On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. v. Oki Data Americas, Inc. , No. 20-1189 (Fed. Cir. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention.
WIPO Magazine
MARCH 14, 2021
Julian Crump, President of the International Federation of Intellectual Property Attorneys (FICPI), discusses how IP protection can benefit smaller businesses.
IP Blog
MARCH 29, 2021
The decision of the Pakistani government to accede to the international trademark registration framework administered by the World Intellectual Property Organization (WIPO) could have a notable positive impact on Intellectual Property (IP) protection in South Asia and help galvanize trade in the region.
The IP Law Blog
MARCH 5, 2021
While Shakespeare may have wondered “what is in a name?”, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. Mad Dogg Athletics, located in Venice, CA, is the owner of the trademarks SPIN and SPINNING.
Erik K Pelton
MARCH 23, 2021
At Erik M Pelton & Associates, PLLC , we are very proud of our achievements for pro bono work. We strive to give back to the community in many ways, and pro bono services are one such way. The post Our Pro Bono Achievements appeared first on Erik M Pelton & Associates, PLLC.
Art Law Journal
MARCH 25, 2021
Nicole Martinez. You’re considering a lot of different things when thinking about inking a new tattoo, but copyright infringement probably isn’t one of them. But copyright laws come into play in various ways when tattooing new work – whether you’re the artist whose designs are being inked, the tattoo artists drawing your own work, or an artist […].
Intellectual Property Law Blog
MARCH 3, 2021
Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. In patent examination, the first type, because it recites underlying technology improvement, rarely elicits subject matter rejections.
WIPO Magazine
MARCH 14, 2021
CDK is an emerging fashion line that gives a modern twist to traditional Bhutanese design. The company's owner, Chandrika Tamang, shares her aspirations for fashion to go green, at least in Bhutan, and the challenges she faces as a small entrepreneur.
Traverse Legal Blog
MARCH 3, 2021
Welcome to Tech Law Radio. My name is Enrico Schaefer. Today we are going to have dive into legal issues in the influencer space. There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Each stakeholder in this game has its own point of view and distinct legal issues. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands.
JIPL Online
MARCH 19, 2021
By: Marcus McGinnis. Introduction. In this blog post, I will explain how Twitch found itself in its current DMCA predicament, why its current proposed solution of mass backlog deletion is unsustainable, and why the platform should follow the approach of rival platforms and proactively utilize its vast resources to negotiate a more equitable, private contract solution with music license holders.
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