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Should user-generated content (UGC) on social media platforms be free from any regulation and the rule of law, simply because it is user-generated? Should social media platforms be given a pass when it comes to any responsibility for the UGC that they distribute? That seems to be the message from those busy attacking Canadian Heritage … Continue reading "Should User-Generated Content (UGC) be Exempt from Law and Regulation?
On Wednesday, May 7, 2021, the United States officially endorsed waiving intellectual property protections for COVID-19 vaccines. While the United States has taken the opposite position in recent months, the administration asserts that its departure is guided, at least in part, by the goal “to get as many safe and effective vaccines to as many people as fast as possible.” [1] That goal, however, is unlikely to be affected by such a waiver in the short term due to uncertainty in World Trade Organ
The following is an edited transcript of my video, Can You Change a Trademark? Brands often evolve over time, and sometimes brand names or logos change or evolve. Some changes are subtle – such as Coke at one point evolving (temporarily) into New Coke. Sometimes they’re more dramatic – when a brand shifts its name entirely, or when two companies merge, Exxon becoming ExxonMobil, for example.
Hard seltzer first hit the marketplace about five years ago and rapidly grew in popularity with sales exceeding $4.5 billion in 2020. Wanting to ride the wave of success, many companies have introduced hard seltzers into this now crowded space. But what is a hard seltzer? Is it a form of beer or something else? Based on its popularity, most would say, “Who cares whether hard seltzer is beer, just give me one.
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?
May is Mental Health Awareness Month, and this national movement is exceptionally important as the COVID-19 pandemic has affected how creators work and make a living. Isolation, combined with the […]. The post Supporting Mental Health Awareness Month: Resources for Creators appeared first on Copyright Alliance.
In the ongoing struggle against content piracy, a global scourge that undermines and competes unfairly with legitimate content producers and distributors, blocking offshore web and streaming sites that distribute pirated content has proven to be an effective tool in many countries.
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In the ongoing struggle against content piracy, a global scourge that undermines and competes unfairly with legitimate content producers and distributors, blocking offshore web and streaming sites that distribute pirated content has proven to be an effective tool in many countries.
A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. A blog may contain an amalgamation of such rights since blogs do not merely utilize words and phrases but also videos, eBooks, music, etc.
The following is a transcript of my video Amazon Brand Registry Update for Trademark Owners. For those of you who sell online, you’ve probably heard of the Amazon Brand Registry. We have worked with many, many clients who have participated in the Amazon Brand Registry or otherwise sellers on Amazon. Sometimes, they’re exclusively sellers on Amazon.
What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. This was the scenario the Ninth Circuit faced in its recent decision in: Ironhawk Technologies, Inc. v.
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.
What’s in a number? Apparently, not much. While headline-grabbing patent damages awards were up in 2020 and 2021, payouts on these verdicts are exceedingly rare. Continue reading.
Using Copyrighted Broadcast Content without Authorization to Produce Political Attack Ads: “All’s Fair” Rules the Federal Court in Canada We all know that politics is a blood sport. If you can discredit your opponent by casting doubt on their integrity, intelligence, judgment or whatever, this is perceived to bring political gain.
Hello everyone! I am so excited to join the Stock legal family as a legal assistant! In the couple of days, I have been a part of the Stock legal family, I have felt nothing but positivity and brilliance amongst all I have met. I am delighted to be a part of all that makes Stock Legal great.
A portfolio of trademarks entails multiple brand names, logo, slogans, and/or other source indicators protected by a business. Many, or even most, businesses have more than one trademark that could be protected – different brands, or a good slogan or logo. For example, I list my portfolio below – I certainly like to practice what I preach.
The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition. It is what gets in easy money and therefore, often termed as a ‘patent shark,’ ‘dealer,’ ‘marketer,’ or ‘pirate.’ A patent troll operation may
“Saturday Night Live’s” literal beat down of “The Muppet Show” so closely resembled the classic Jim Henson characters that some viewers thought the Muppets had really made an appearance on the show. Did SNL go too far? Parody is tricky, both as an art form and as a matter of copyright law. Any effective parody requires the audience to immediately recognize the underlying work held up to ridicule.
Steve Schlackman. Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements?
The following is an edited transcript of my video, How to Monitor for Infringements. In the past, you’ve heard me talk about some of the ways to keep a trademark strong over time and some of the things that brand owners must do with their trademarks even after they’re registered. One of those important tips is to monitor for infringements.
We ask our customers to provide us with feedback so we can improve our services. But you may feel that once you’ve provided us with your feedback, you often don't find out what we did or how we used it to help us make improvements. We want to give you an insight into how we ‘close the loop’ on your feedback to show you why providing us with feedback is so important.
The Intellectual Property Office of the Philippines was among many businesses forced to operate under the country’s enhanced community quarantine measures during the pandemic.
The economic toll of the COVID-19 crisis has not been trivial to any country. There are, however, countries that have received a stronger financial impact than others. For this reason, expecting market forces to swiftly stabilize the (now severed) economic flow that capitalism enables is probably wishful thinking. Now, more than ever, we must consider the relevant role that competition authorities and competition policy can play in a vigorous economic bounce-back, both through competition enforc
Spotlight on Commerce: Jennifer Kim, Assistant Division Chief, Decennial Census Management Division, U.S. Census Bureau. May 26, 2021. KCPullen@doc.gov. Wed, 05/26/2021 - 09:42. Jennifer Kim, Assistant Division Chief, Decennial Census Management Division, U.S. Census Bureau. Guest blog post by Jennifer Kim, Assistant Division Chief, Decennial Census Management Division, U.S.
Many business owners may not realize that if they deal with tangible goods, they can protect their brand with U.S. Customs and Border Protection in addition to the USPTO. In this episode, Erik details how to add this tool to your brand protection toolkit. The post Customs and Border Patrol Registration for Your Trademark appeared first on Erik M Pelton & Associates, PLLC.
In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc. , 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” .
The studio argues that a complaint seeking an accounting of profits from its planned Rin Rin Tin film doesn’t arise under the Copyright Act. Here’s a quick update on a case I first wrote about back in November involving Rin Tin Tin. He’s the canine film and television star made famous in the 1920’s, which makes him nearly 700 if you’re counting in dog years.
Seeking the answer to the question "When were cars invented?" uncovers quite a few notable and surprising developments in the history of Intellectual Property (IP).
In trademark applications and disputes, a common issue is whether or not there is a likelihood of confusion. In this segment, Erik breaks down the main factors surrounding an analysis of likelihood of confusion between two trademarks. The post What is a Likelihood of Confusion? appeared first on Erik M Pelton & Associates, PLLC. In trademark applications and disputes, a common issue is whether or not there is a likelihood of confusion.
Quick answer: no! The Federal Circuit Court of Appeals recently tangled with a patent application for an invention that did not have scientific support. The court affirmed a decision of the Patent Trial and Appeal Board rejecting a patent application on these grounds. While this is not a common occurrence, in this case, it’s an easy conclusion to reach.
Steve Schlackman. If a U.S. website is using your images without your permission, the easiest and fastest way to stop the infringement is to send the website a “DMCA Takedown Notice.” DMCA stands for the “Digital Millennium Copyright Act.” Websites that host user-generated material are immune from prosecution for infringement (Safe Harbor) if the site implements notice […].
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