May, 2021

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Should User-Generated Content (UGC) be Exempt from Law and Regulation? Should Internet Platforms Bear any Responsibility for UGC they Distribute?

Hugh Stephens Blog

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?

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Waiver Of Intellectual Property Protections For COVID-19 Vaccine Unlikely To Have Meaningful Impact In Short Term

Intellectual Property Law Blog

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

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Can You Change a Trademark?

Erik K Pelton

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.

Trademark 130
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Beer: You Know It When You Taste It, Or Maybe Not

The IP Law Blog

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.

Licensing 103
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Supporting Mental Health Awareness Month: Resources for Creators

Copyright Alliance

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.

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Can Intellectual Property Rights Safeguard Your Blog?

Kashishipr

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.

More Trending

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$1 Billion+ Patent Damages Awards, and Many Over $100M, are Rarely Paid

IP Close Up

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.

Patent 98
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Amazon Brand Registry for trademark applicants

Erik K Pelton

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.

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The Sleekcraft Factors and “Reverse Confusion” Trademark Infringement

The IP Law Blog

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.

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Meet Melody Peterson! The Newest Member of Stock Legal

Stock Legal Blog

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.

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IPO Diversity in Innovation Toolkit

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.

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Digital dreams at the Philippines’ IP office

Managing IP

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.

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Using Copyrighted Broadcast Content without Authorization to Produce Political Attack Ads: “All’s Fair” Rules the Federal Court in Canada

Hugh Stephens Blog

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.

Copyright 246
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Patent Assertion Entities: A Boon or a Bane?

Kashishipr

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

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What does a trademark portfolio look like?

Erik K Pelton

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.

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OECD Competition Open Day 2021: What is the role of competition authorities in promoting economic recovery?

Olartemoure Blog

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

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The Etsy Copyright Infringement Problem

Art Law Journal

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?

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Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

“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.

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Closing the loop on your feedback

Intellectual Property Office Blog

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.

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Geographical Indications for Food Products

Kashishipr

What are Geographical Indications? Geographical indications (GIs) are place names used to identify products that come from these regions and protect the quality and reputation of a distinctive product originating in a certain region. GI tagging is attributed in such a manner that quality, reputation, and other salient features of the commodity are linked to the location of origin.

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How to Monitor for Trademark Infringements

Erik K Pelton

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.

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Spotlight on Commerce: Jennifer Kim, Assistant Division Chief, Decennial Census Management Division, U.S. Census Bureau

U.S. Department of Commerce

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.

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District Court Denies Defendant’s Motion for Attorney’s Fees Even After Granting Clear Summary Judgment on Noninfringement Grounds

The IP Law Blog

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.” .

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Crypto patent boss: bitcoin lawsuit filed to help industry ‘grow’

Managing IP

Max Sills, general manager at the Cryptocurrency Open Patent Alliance and counsel for Square, sets out his ambitions for IP and cryptocurrencies

Patent 98
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Warner Bros. Seeks to Muzzle Rin Tin Tin Lawsuit

Copyright Lately

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.

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Anti-piracy: Tips for making physical and online enforcement easier

Olartemoure Blog

La entrada Anti-piracy: Tips for making physical and online enforcement easier se publicó primero en OlarteMoure | Intellectual Property.

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Customs and Border Patrol Registration for Your Trademark

Erik K Pelton

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.

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Everyday IP: When were cars invented?

IP Blog

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).

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Can a Patent Violate the Laws of Chemistry and Physics?

The IP Law Blog

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.

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Philippines: Cannabis bills likely to be indefinitely postponed

Managing IP

Editha R Hechanova of Hechanova & Co Inc explains the hurdles that are preventing Filipino lawmakers from legalising medical cannabis

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How to Submit a Copyright Takedown Notice

Art Law Journal

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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Proposal for a regulation on the use of artificial intelligence: fundamental rights mark the red lines

Garrigues Blog

Proposal for a regulation on the use of artificial intelligence: fundamental rights mark the red lines. Rita Gomes, Associate, Intellectual Property Department. The European Commission has just published its proposal for a Regulation laying down harmonized rules on Artificial Intelligence (AI) which seeks to strike a balance between its intention to promote the use of artificial intelligence, while at the same time establishing certain limits and rules on its use in order to offset certain risks

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What is a Likelihood of Confusion?

Erik K Pelton

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.

Trademark 100
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Breaking Down the Instagram Photo Embedding Class Action Lawsuit

Copyright Lately

In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. Do the plaintiffs have a case? I finally had a chance to take a closer look at the new copyright class action complaint filed last week against Instagram. In a nutshell, the lawsuit alleges that the social media app induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own web

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Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers

U.S. Department of Commerce

Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. May 27, 2021. KCPullen@doc.gov. Thu, 05/27/2021 - 09:16. Export and investment promotion. Intellectual property. Minority business growth. Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. The Department of Commerce is proud to join the Nation in recognizing the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, also known as Asian Amer

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MIP Asia-Pacific Awards 2021: shortlists revealed

Managing IP

We have published the Asia-Pacific shortlists for the 16th annual Managing IP Awards, which will be hosted online this year