June, 2020

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Record Label Trademark: What's the Proper Class?

Dear Rich IP Blog

Dear Rich: I am trying to trademark my record label name, but am stuck on which class of goods best describes what I want to sell as a label. I plan on selling vinyl records and digital downloads. Which goods class would be most appropriate? International Class 009 (IC 009 - Electrical and Scientific Apparatus) is your best choice if you are applying to federally register your record label trademark.

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Biosimilar Maker Leverages IPR to Avoid Patent Dance and Obtain Early Market Entry

Bio Law Blog

Amgen Inc. and Alexion Pharmaceuticals Inc. settled three Inter Partes Review (IPR) proceedings concerning patents covering Alexion’s blockbuster humanized monoclonal antibody drug Soliris®, with Amgen obtaining a royalty-free license for marketing a biosimilar prior to expiration of the patents at issue. Alexion is the maker of Soliris (eculizumab), a humanized monoclonal antibody against complement protein C5, indicated for the treatment of paroxysmal nocturnal hemoglobinuria (PNH)

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Rapala Billboard Ad Collection for 2020

DuetsBlog

Obi-Wan Kenobi , Chuck Norris , and a Walleye Sandwich have what in common? Well, each of the three are called to mind in Rapala’s 2020 billboard ad campaign. If you’ve been with us since the beginning , more than eleven years ago now, you’ll appreciate that we look forward to seeing Rapala’s creativity each year. And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)?

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Generic.com Terms Are Not Per Se Generic

KMK Blog

The U.S. Supreme Court ruled today that a generic word like “booking” combined with “ com” can achieve trademark registration even if the generic word alone cannot. The opinion , authored by Justice Ruth Bader Ginsberg, rejected the U.S. Patent and Trademark Office’s nearly per se argument that “generic.com” terms are ineligible for trademark registration regardless of consumer perception evidence. “Whether any given ‘generic.com’ term

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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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IP and the Open Covid Pledge

IP Spotlight

Are you developing new technologies, treatments or other inventions that are useful to combat the COVID-19 epidemic? If so, my colleagues Gunjan Agarwal and Chipo Jolibois recently wrote a useful article discussing the Open COVID Pledge and how it can be used when patenting COVID-19-related inventions. For the full article on Law360 , click here.

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The "Emergency Rent Relief Act of 2020," Signed By Governor Cuomo on June 17, Establishes Rent Relief For Residential Low-Income Tenants

GDB Firm Blog

??The "Emergency Rent Relief Act of 2020," signed by Governor Cuomo on June 17, establishes rent relief for residential low-income tenants by providing up to $100,000,000 in voucher payments to landlords to subsidize rent owed by low-income tenants.

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In Two Life Sciences Cases, the Supreme Court Declines to Address the Constitutionality of IPRs of Pre-AIA Patents

Bio Law Blog

Last week, the U.S. Supreme Court declined to review the constitutionality of inter partes review proceedings (IPRs) challenging patents issued before the Leahy-Smith America Invents Act (AIA). The AIA, enacted in September 2011, introduced IPRs and other post-grant review proceedings enabling third parties to challenge the validity of issued patents before the Patent Office under a lower standard of proof than in district court.

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Consumer Recollection and Car Logos

DuetsBlog

Here’s a question for our design-minded readers: If survey evidence told you that consumers recalled only certain elements of a beloved logo, would you remove the rest, and reduce it to only the most commonly remembered features? . Most likely, your answer doesn’t involve analysis under trademark law. . So, maybe, this post will influence how you think about the answer to that question. .

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Unauthorized Photographs: The Rights Of The People We Capture

Canadian Intellectual Property Blog

We live in the digital age of smartphones and social media, where the large scale capturing and sharing of photographs has become a global run-of-the-mill form of communication and expression. The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted. This is because the authors of these works, the photographers, own copyright in the images they create.

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Project Group Issues New Guidelines About Selling Franchises During the Pandemic

GDB Firm Blog

Franchisors and state regulators have been struggling with the issue of how franchisors can continue to sell franchises in the midst of the coronavirus pandemic in a way that is not misleading, particularly if their franchise disclosure document (FDD) contains historical information from 2019 about franchisee financial performance which predates the pandemic?

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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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Housing Court Is Reopening, But Don't Expect Business As Usual For A Long Time

GDB Firm Blog

Although Housing Court is reopening on June 22, 2020 business will not be as usual for tenants, landlords and lawyers. New filings, summary proceedings and warrants may be submitted but with caveats.

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?Federal Reserve Main Street Lending Facility Approaches Implementation

GDB Firm Blog

For over 100 years, the Federal Reserve has acted as a liquidity facility for the banking industry, meaning that the Federal Reserve lends money to banks when they need it. With the advent of the COVID-19 pandemic and the CARES Act stimulus program, Congress provided a budget authorization that allows the Federal Reserve to make or purchase interests in loans to "Main Street" businesses.

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Price Gouging Protection Expanded to Pandemic Supplies

GDB Firm Blog

One result of COVID-19 — the price gouging of health, safety and welfare supplies — has caught the attention of lawmakers in New York. Existing law prohibits price gouging "during periods of abnormal disruption in the market" with respect to consumer goods "bought or rendered primarily for personal, family or household purposes." An amendment that became law last week extends the anti-price gouging mandate to medical supplies and services that are essential for "the care, cur

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Updated FAQs Based on June 5th Amendment of PPP Loan Statute

GDB Firm Blog

On Friday, June 5, the President signed the Paycheck Protection Program (PPP) Flexibility Act, which made significant changes in the PPP as it had been initially enacted on March 27, 2020. These FAQs, divided into 5 separate subject matter areas, represent our answers, based upon the current state of the law, to questions we have been asked by clients and by over 2000 participants in webinars we have given on the Paycheck Protection Program in the past 2 months.

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?New Legislation Provides Further Relief to Businesses, Restaurants and Tenants

GDB Firm Blog

On May 26, 2020, seven bills focused on the protection of small businesses, restaurants, and tenants of New York City were signed into law by Mayor Bill de Blasio. These new laws provide some reprieve for the many individuals, businesses and restaurants that have been hit hard by the pandemic. See press announcement here.

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New York City Council Limits Personal Liability in Commercial Leases

GDB Firm Blog

The New York City Council has attempted to give some business owners additional relief from the economic effects of COVID-19. If a commercial lease provides that a natural person who is not the tenant is personally liable under the lease, the statute prohibits landlords from enforcing that personal liability provision if the tenant has been impacted by COVID-19.

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New NYC Law Limits Personal Liability of Guarantors of Restaurant Leases

GDB Firm Blog

?In response to the COVID-19 pandemic, the New York City Council has passed legislation that gives significant relief to restaurant owners.

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