June, 2021

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We’re hiring! Seeking Associate Attorney, Trademark

Erik K Pelton

We are excited to to announce that we are hiring an Associate Attorney in our trademark firm! Details and application information below: Erik M Pelton & Associates – Job Posting Associate Attorney Trademark by Erik Pelton on Scribd. The post We’re hiring! Seeking Associate Attorney, Trademark appeared first on Erik M Pelton & Associates, PLLC.

Trademark 246
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An Open Letter to Justin Trudeau: Canada’s News Publishers up the Pressure on Facebook and Google

Hugh Stephens Blog

Source: National Post I was at my local newsstand the other day, perusing the morning papers. My usual modus operandi is to scan them quickly, deciding which catchy headline will entice me to swipe my credit card for my daily “news fix” delivered in that most traditional of formats, the daily newspaper.

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Do you Tell the PTO that the Disclosed Embodiments are Merely Prophetic?

Patently-O

by Dennis Crouch. Many patent applications are not fully reduced-to-practice by the time the patent application is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement. Still, the application must fully satisfy the disclosure requirements of 35 U.S.C. 112(a), namely written description, enablement, and best mode.

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Carpmaels & Ransford sued for missed appeal deadline

The IPKat

One of the UK's leading patent attorney firms is facing a claim brought by their client, chemical company BASF. BASF is suing Carpmaels for a reported €1.05 billion , because of a missed EPO appeal deadline. Whilst the court proceedings are ongoing, some interesting background to the case can be found in arguments made by Carpmaels in the request for re-establishment of the appeal deadline.

Patent 125
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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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The Difference Between Plagiarism and Copyright Infringement

Copyright Alliance

There are many differences between plagiarism and copyright infringement, yet it can be easy to confuse these concepts. While both plagiarism and copyright infringement can be characterized as the improper […]. The post The Difference Between Plagiarism and Copyright Infringement appeared first on Copyright Alliance.

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Midnight Madness: As Canadians Slept, the Liberals, Bloc and NDP Combined to Pass Bill C-10 in the House of Commons

Michael Geist

The Liberal government strategy of multiple gag orders and a “super motion” to limit debate bore fruit last night as Bill C-10 received House of Commons approval at 1:30 am. The Parliamentary process took hours as the government passed multiple motions to cut short debate, re-inserted amendments that had been previously ruled null and void , and rejected a last-ditch attempt to restore the Section 4.1 safeguards for user generated content.

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Adapting Opera in the Age of COVID: From “Grand Rights” to “Synchronization Licenses”

Hugh Stephens Blog

Source: [link] Think of yourself as Ian Rye, CEO of Pacific Opera Victoria (POV), my hometown opera company. You’ve been planning ahead for the next season, and advance planning is very much a requirement in the opera scene.

Licensing 246
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Opportunities And Challenges In IP Valuation Services

Corsearch

The shift towards a global, digital economy has resulted in the demise of some of the traditional assumptions about measuring the value of a business. Globalization, coupled with a fast-emerging digital economy geared towards service and technology markets, has accelerated this change even faster. It has resulted in the emergence of many important companies whose value no longer solely resides in tangible, physical assets.

IP 118
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CJEU rules on platform liability under copyright law, safe harbours, and injunctions

The IPKat

Do platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive ? At what conditions is the hosting safe harbour under Article 14(1) of the Ecommerce Directive available? What may be the requirements for injunctions under Article 8(3) of the InfoSoc Directive? These are some of the questions that the German Federal Court of Justice had referred to the Court of Justice of the European Union (CJEU) in two separate cases, which

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Modularity and Intellectual Property Rights: A Strategic Consideration

Kashishipr

What is Modularity? The concept of modularity has become a common debate due to the vast outreach of consumers and industrial growth. The concept focuses on the notion of distributed innovation in the contemporary global economy. Modularity allows firms and companies with complex technical systems to divide the components therein, called the modules, which are capable of being designed independently, but to function, they need to be looked at together as a whole.

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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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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

Photo by Geoff Gill via Pixabay. In February 2019, Tamita Brown, Glen S. Chapman, and Jason T. Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 101
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Standard character vs design mark trademark applications

Erik K Pelton

One of the key choices at the start of a trademark application process for many is whether to protect a name alone (standard character) or a logo (design mark). Below are some of the key differences to consider when making that choice. For more, see my video Protecting Words vs. Logos when applying for trademark registration. The post Standard character vs design mark trademark applications appeared first on Erik M Pelton & Associates, PLLC.

Designs 130
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A “Game of Life” That Can’t Be Terminated

Copyright Lately

The First Circuit rules that the classic 1960 board game “The Game of Life” was created as a work made for hire. Here’s why it matters. If you’ve ever played “The Game of Life,” you know there are lots of important decisions to make on your way to Millionaire Acres. Do you take the career or college path? Do you buy the overpriced home insurance that costs nearly as much as the house itself?

Copyright 100
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Texas Supreme Court Ruling is Further Proof that Congress Must Abrogate Sovereign Immunity

Copyright Alliance

On June 18, the Texas Supreme Court held that a violation of copyright is not an unconstitutional taking of property. The decision stems from a years-long battle by Jim Olive […]. The post Texas Supreme Court Ruling is Further Proof that Congress Must Abrogate Sovereign Immunity appeared first on Copyright Alliance.

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The UK must find a way to align CPTPP and EPO grace period regimes - or maybe not

IAM Magazine

Developments elsewhere suggest the British government may not be overly concerned that obligations under the trans-Pacific partnership could well contradict its commitments as a member of the European Patent Organisation.

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The Interplay of Big Data and Intellectual Property Rights

Kashishipr

What is Big Data? Big data is a relatively new concept that has created a greater conundrum in the realm of Intellectual Property (IP) laws. Big data refers to the large and diverse sets of information that can grow at an ever-increasing rate. Such collection of massive structured, unstructured, and multi-structured data is due to our constant interaction with smart gadgets and technologies like mobile phones, credit cards, televisions, computers, smart watches, etc.

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The When, How, and Why of Patent Validity Search

IP.com

In order to patent an invention, it must be novel, non-obvious, and useful. A patent examiner determines whether or not an invention fits these criteria with a prior art search. The post The When, How, and Why of Patent Validity Search appeared first on IP.com - IP Innovation and Analytics.

Patent 98
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Bold Brands Are Like Bees to Pollinate Marketing

Erik K Pelton

The following is a transcript of my video Bold Brands Are Like Bees to Pollinate Marketing. As you know, one of my slogans is “Making Trademarks Bloom Since 1999” As a result, I use a lot of plant and flowering—in particular sunflower imagery and terminology—in my marketing, on my website, social media, and incorporate it into other episodes of our videos and podcast in some ways.

Brands 130
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GI protection revives caper production on Pantelleria

WIPO Magazine

Gabriele Lasagni, CEO of Bonomi&Giglio, a leading producer of capers on the island of Pantelleria in Italy explains how GI protection has supported caper production on the island and enabled his company to thrive as well as his plans for the future.

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Event reminder - next week's rapid response panel discussion on CJEU's YouTube/Cyando ruling

The IPKat

As reported by The IPKat, earlier this week the Court of Justice of the European Union (CJEU) issued its keenly and long-awaited ruling in YouTube , C-682/18 and Cyando , C-683/18. As announced several weeks ago, on Thursday, 1 July, The IPKat will be joining forces with the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University and the British Literary and Artistic Copyright Association (BLACA) and organising a rapid response panel discussion on the content and implic

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Taking Another Page from the ABA: The USPTO Enacts New Rules of Professional Responsibility for Patent Attorneys and Agents

IP Tech Blog

To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents. The resulting changes mirror some well-recognized provisions of the American Bar Association’s (ABA) Rules of Professional Conduct.

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Will Starbucks Become the Next Corporate Sponsor of a Professional Sports Facility?

The IP Law Blog

I’m experiencing déjà vu. I wrote about a similar topic prior to Allegiant Air becoming the official sponsor of the Las Vegas stadium that the Raiders now call home. In fact, I covered the topic at a time when Allegiant Air claimed that it was not involved in any negotiations for the naming rights of any professional sports facilities despite having filed an application with the United States Patent and Trademark Office for use of Allegiant in connection with stadium or training facilities.

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Remixing and Remastering Music in US Copyright Law: Some Reflections after Arty v Marshmello

Kluwer Copyright Blog

Image by 453169 from Pixabay. In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). Marshmello, an American electronic music producer and DJ, won the case as Judge Philip S.

Music 98
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Want to learn all about trademark Office Action responses?

Erik K Pelton

My office has filed thousands of responses to trademark office actions from the USPTO, and I’ve worked as a USPTO examiner issuing Office Actions and reviewing responses from applicants. Because I kept getting asked to share details about what goes into crafting a good response, I created a unique resource to help those looking to learn more about effective office action responses.

Trademark 130
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Work-Life Balance: Do you have the Legal Right to Disconnect?

Nelligan Law

After over a year of working from home for many Canadians, some experts are calling for the legal right to disconnect. While remote work has allowed many employees to enjoy a more flexible schedule, this shift has proven to be a double-edged sword. Having your workstation at arm’s length makes it difficult to unplug, and. Read more » The post Work-Life Balance: Do you have the Legal Right to Disconnect?

Law 98
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Cooperatives Granted Relief From Restrictions Imposed By The Tenant Protection Act

GDB Firm Blog

Cooperatives Granted Relief From Restrictions Imposed By The Tenant Protection Act On June 10, 2021, the New York State legislature exempted most cooperatives from important restrictions imposed by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). The bill will become law immediately when the governor signs it and will apply to actions and proceedings commenced after it is signed.

Law 98
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Seyfarth’s Trade Secrets Group Earns Top Tier Ranking from Legal 500 for Sixth Consecutive Year

Trading Secrets

The 2021 edition of The Legal 500 United States recommends Seyfarth Shaw’s Trade Secrets group as one of the best in the country. Nationally, for the sixth consecutive year, our Trade Secrets practice earned Top Tier. Based on feedback from corporate counsel, Seyfarth partners Michael Wexler, Robert Milligan, and Kate Perrelli are ranked in the editorial’s “Leading Lawyers,” Joshua Salinas is ranked in the editorial’s “Rising Starts,” and Erik Weibust and Dawn Mertineit were also recommended in

Editing 98
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How to Turn Patent Search Into Business Intelligence

IP.com

Comprehensive business intelligence requires data from multiple sources. To fully understand the competitive landscape and your place within it, you need a deep understanding of internal and external factors, including. The post How to Turn Patent Search Into Business Intelligence appeared first on IP.com - IP Innovation and Analytics.

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How to Build a Winning Portfolio That’ll Make Everyone Want to Hire You (With Examples)

CopyrightsWorld

Whether you’re an entrepreneur looking to find photography clients, a freelancer struggling to get clients on UpWork, or a creative seeking employment, you need a portfolio website. With an online website, you can target a global audience. It is one of the best means of advertising your business. As more and more people visit your site, you can turn them into qualified leads and happy customers.

Designs 98
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Suggestive trademark and brand names are better than the rest. Here’s why:

Erik K Pelton

The following is an edited transcript of my video, Why Suggestive Trademarks and Brand Names Are My Favorite. I get asked all the time about what type of brand names I prefer. The answer for me is easy: for commercial, marketing, and legal purposes, I strongly suggest that clients choose suggestive brand names. What do I mean by suggestive brand names?

Brands 130
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A legal timeline of 2SLGBTQ+ Rights in Canada

Nelligan Law

2SLGBTQ+ rights have come a long way in Canada. Our Family Law group has created a timeline that revisits key legal decisions and events that have contributed towards progression 2SLGBTQ + rights in our country. While progress has been made, it is still important to recognize that there is a large gap between legislated rights. Read more » The post A legal timeline of 2SLGBTQ+ Rights in Canada appeared first on Nelligan Law.

Law 98
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Statutory Licensing in India in the Age of Online Music Streaming: A Comment on Tips vs. Wynk

Kashishipr

Internet streaming in India contributes to the majority of revenues of the recorded music industry. With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year.

Music 98
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The American Law Institute Proceeds with its Misstatement of Copyright Project

Copyright Alliance

Next week, sections of the American Law Institute’s (ALI) Copyright Restatement will be offered for approval for the first time at the ALI’s annual membership meeting. If approved by the […]. The post The American Law Institute Proceeds with its Misstatement of Copyright Project appeared first on Copyright Alliance.

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Podcast: Photography, Art & Copyright with Eric O’Connell

The Illusion of More

In this episode, I talk to art and commercial photographer Eric O’Connell, who is also an associate professor of practice at Northern Arizona University. We talk about his work, about photography in general, his students, and of course copyright. O’Connell’s photo recently won Off the Clock 2021 Best in Show from American Photographic Artists (APA). […].

Art 98
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IPLF: Getting your LLP Registered

IP and Legal Filings

With the rise in entrepreneurship and start-ups, multiple forms of organization are being preferred by entrepreneurs. Out of all, Limited Liability Partnership has become more preferred due to its nature of incorporating both partnership firm and company in a single form. Introduced in 2008, the Limited Liability Partnership Act, 2008 regulates the LLP, wherein a minimum of two partners are required to incorporate an LLP, with no upper limit on the maximum number of partners of an LLP.