Erik K Pelton
OCTOBER 20, 2020
If you think you might have received a trademark scam letter or. solicitation, here are some tips: Do not pay it. Search the internet for information about the material you. received. Use particular language or addresses from the material. and place it in quotations (“ ”) to make the search more direct. Contact an attorney if you have any questions.
Traverse Legal Blog
OCTOBER 14, 2020
Is there a class-action lawsuit filed against Airbnb? As many of you know, we have been filing AAA arbitration cases against Airbnb on behalf of Airbnb hosts for COVID-19 refund issues which violated the agreed cancellation policies between the hosts and their guests. We have been asked by many hosts about filing a class-action lawsuit against Airbnb, and have been retained by hosts to pursue a class action case in California, where Airbnb and Airbnb Payments are located.
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IP Blog
OCTOBER 13, 2020
Early on in a business's life cycle, you may not have concerns more urgent than keeping operations on track and maintaining a reasonably steady cash flow. Nevertheless, before you find some stability by developing and selling a product or service that meets a unique demand, you must think strategically and do so with the long term in mind. Establishing legal protection early on is pivotal for your company's inventions, methods, processes and branding.
Sander Law
OCTOBER 19, 2020
Standard vs. Non-standard trademarks. The types of trademarks that can be filed are grouped into 2 categories: Standard character marks & Non-standard character marks. Standard character trademarks. The Canadian Intellectual Property Office (CIPO) has a standard character set comprised of letters, numbers & symbols. If the trademark contains a combination of these elements, it may be filed as a Standard character trademark.
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?
DuetsBlog
OCTOBER 21, 2020
Hotels, Ice Cream, and Shoes as Canvases for Great Brands. . Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . So, let me ask a slightly weirder question: If Nike were an ice cream flavor, what would it taste like? . My guess would be something like a lemon zest sorbet, perhaps. (I’ll look for your best guess in the comments.). .
Canadian Intellectual Property Blog
OCTOBER 28, 2020
With the ever-increasing presence of social media, including websites like YouTube where content can generate income, copyright infringement is escalating at alarming rates. Unfortunately, it is no secret that the cost of enforcing copyright through the courts is expensive. To mitigate these costs, this article will provide some tips on how to enforce copyright outside the courtroom.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Dear Rich IP Blog
OCTOBER 27, 2020
Dear Rich: My band released a CD in 2005, and we never filed Form SR or PA for the album and underlying works. I am planning a vinyl reissue (with expanded artwork) this year, the songs are in the same order and have been remastered, but the artwork will be slightly different. Should I file the SR and PA for the 2005 release? Or should I treat the 2020 vinyl reissue as a new entity?
IP Blog
OCTOBER 30, 2020
The average person may hear the term "counterfeit" and immediately think of scam artists in Hollywood crime films, printing batches of fake money. Such is the imprint of pop culture! Nevertheless, in truth, dealings in counterfeit goods are far more common and detrimental to the global economy. A valid IP management strategy must include provisions that account for the risk of counterfeit in your particular industry.
Sander Law
OCTOBER 5, 2020
IP Assignments. An IP Assignment is a document that transfers IP rights from one party to another. The IP rights may be for example a Patent or Trademark Registration, but pending rights can also be transferred like a patent or trademark application. When would you use an IP Assignment? Monetizing your IP. If you have IP that you no longer use or need, you may want to consider selling your IP rights to someone else for a profit.
DuetsBlog
OCTOBER 5, 2020
Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. By all accounts, the Midwest IP Institute was a great success this year despite the limitations of delivering knowledge in a virtual format, thanks Zoom. Hearty thanks to Draeke Weseman for his great work in helping pull together Chapter 7 in the IP Book, which can be purchased here from Minnesota CLE.
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.
Greenspoon Marder LLP
OCTOBER 23, 2020
By: Justin McNaughton, Senior Counsel The Eleventh Circuit Court of Appeals reversed a Georgia U.S. District Court’s grant of Summary Judgment to Gorilla Glue in a trade dress infringement case brought by J-B Weld over adhesive packaging. In a 42-page decision, the Eleventh Circuit confirmed the prevailing rule regarding trade dress infringement: it’s a sticky business and even if you […].
Erik K Pelton
OCTOBER 8, 2020
When choosing a trademark attorney, applicants are best served by focusing on the value provided by the protection and the counsel, not the costs. The post When choosing a trademark attorney: focus on value, not cost appeared first on Erik M Pelton & Associates, PLLC.
Trademark and Copyright Law Blog
OCTOBER 20, 2020
While all eyes have been trained on the confirmation hearings from last week, the Supreme Court made news in the IP world. The Court granted certiorari in Arthrex v. Smith & Nephew (Nos. 19-1434, -1452, -1458), a decision analyzing the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2. In Arthrex , a panel of the Federal Circuit held that the statutory scheme for appointing administrative patent judges (APJs) of the Patent Trial and Appeal Board violates the Appointments Clause.
IP Blog
OCTOBER 20, 2020
When dealing with our clients and talking to people in the IP industry, we acknowledge that costs are always an important issue, even more so in times of crisis. However, maintaining a balanced budget while keeping up a high level of IP protection can be quite challenging. Fortunately, this is not a case of "you cannot have your cake and eat it too.
Dear Rich IP Blog
OCTOBER 14, 2020
Dear Rich: I bought several $1 squishy animals and have taken pictures of them and shared the pictures with friends. If I use these pictures in a book do I infringe on the toy company’s trademark? It's unlikely that your book will trigger an infringement lawsuit or a response from the toy company. Here's why: Most squishy animals ("SA") have a generic appearance with indistinguishable features.
Shades of Gray
OCTOBER 12, 2020
Any party involved in a dispute over the alleged unauthorized use of content protected by copyright wants to understand quickly what’s at stake. How much might the plaintiff recover, and the defendant be on the hook for, if the matter goes to trial? Here is a summary of the categories of money damages available in a copyright infringement litigation.
Greenspoon Marder LLP
OCTOBER 13, 2020
Featuring: Justin McNaughton, Partner and Sharon Urias, Partner The Washington Redskins name and logo was used from 1933 to 2020 by the National Football League (NFL), and sits as a $3.4B franchise. In July, the decision was made to retire the name and logo for the 2020 season. Now, they are playing as the Washington Football Team pending adoption of […].
Erik K Pelton
OCTOBER 6, 2020
The following is an excerpt from my book, Building a Bold Brand. To learn more about the book, visit www.buildingaboldbrand.com. . Trademark registration with the United States Patent and Trademark. Office (USPTO) has tremendous value. The basic government filing fee is. as low as $225, and the resulting trademark registration provides a. myriad of benefits to its owner: Using the registration symbol (®) looks nice, and the official. registration certificate looks great framed on an office wall
Art Law Journal
OCTOBER 6, 2020
Nicole Martinez. Artists and lawyers don’t usually get to work together. But the perfect opportunity arises when you want to take an art business to the next level.
IP Blog
OCTOBER 16, 2020
There are just 75 days left until the end of the Brexit transition period on December 31, 2020. Although the negotiations between the EU and the UK government on a free-trade deal are still ongoing, it is almost certain that the end of the transition period will not be extended.
GDB Firm Blog
OCTOBER 28, 2020
One of the casualties of the COVID-19 Pandemic was the cancellation of the spring 2020 annual meeting season for cooperatives and condominiums. However, now that life is slowly returning to a new normal, many buildings around New York City are gearing up for the fall 2020 annual meeting season. Whether your building delayed holding its annual meeting since the spring, or normally holds its annual meeting in the fall, there is now a rush to conduct annual meetings before year's end.
Texas Intellectual Property Law Blog
OCTOBER 19, 2020
Nearly 50 years after “Stairway to Heaven” became a staple for the rock band Led Zeppelin, a recent intellectual property battle over its origins ended. Texas residents may have heard that members of former U.S. rock band Spirit accused Led Zeppelin of pinching the iconic opening guitar riff from one of that band’s recorded works entitled “Taurus” and using it in “Stairway to Heaven.” The song has since become an all-time rock classic and a signature tune for
IP Whiteboard
OCTOBER 15, 2020
Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ). The UK Intellectual Property Office ( UK IPO ) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI. The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets.
Erik K Pelton
OCTOBER 5, 2020
I recently published a free short ebook to help businesses navigate through challenging times and rough waters. To download your copy, visit here. The post 8 Brand Tips for the Age of Corona Virus – and other Challenging Times appeared first on Erik M Pelton & Associates, PLLC.
Canadian Intellectual Property Blog
OCTOBER 14, 2020
It has been almost two years since the federal legalization of cannabis, and Canada’s legal cannabis market is quickly blossoming into a massive industry. The market is constantly growing with many US states (e.g., Illinois) and Europe embracing regulatory change. Market research predicts that the global legal cannabis market could reach CAD $100 billion by 2027 [1].
IP Blog
OCTOBER 2, 2020
While Artificial Intelligence (AI) has been known as a scientific discipline since the 1950s, companies have only begun to use it significantly in internal processes and their products during the last 10 years. This is because the necessary computing power and mass data storage have only been available at economically reasonable costs for a few years.
GDB Firm Blog
OCTOBER 21, 2020
The battle to define the dividing line between two business models (franchisee versus employee) continues in the courts, state legislatures, and federal agencies, as employee activists continue to press the case that certain franchise relationships actually constitute an employment relationship. ? Franchisors need to be aware of the legal developments in this area.
Texas Intellectual Property Law Blog
OCTOBER 19, 2020
Nearly 50 years after “Stairway to Heaven” became a staple for the rock band Led Zeppelin, a recent intellectual property battle over its origins ended. Texas residents may have heard that members of former U.S. rock band Spirit accused Led Zeppelin of pinching the iconic opening guitar riff from one of that band’s recorded works entitled “Taurus” and using it in “Stairway to Heaven.” The song has since become an all-time rock classic and a signature tune for
Erik K Pelton
OCTOBER 28, 2020
Episode 137: Did you know that sometime candy shapes or costumes can be registered trademarks? Erik shares details in this fun and spooky episode about hallowed trademarks. The post Episode 137: Special Spooky Halloween Episode appeared first on Erik M Pelton & Associates, PLLC. Episode 137: Did you know that sometime candy shapes or costumes can be registered trademarks?
Erik K Pelton
OCTOBER 21, 2020
When it comes to applying to register a trademark and protect a brand, sooner is almost always better than later – and applications can be filed at USPTO even prior to use a name commercially. In this episode, Erik provides more info about the timing of trademark applications. The post Episode 136: When is the Right Time to Register a Trademark?
Erik K Pelton
OCTOBER 14, 2020
Did you know that restaurants are actually a prime candidate for trademark protection? Erik discusses why small businesses including restaurants can benefit tremendously by applying for trademark registration. The post Do Restaurants Need Trademark Protection? appeared first on Erik M Pelton & Associates, PLLC. Did you know that restaurants are actually a prime candidate for trademark protection?
Erik K Pelton
OCTOBER 7, 2020
Brands may evolve over time and sometimes brand names or logos change. Erik explains what is allowed and what is not when it comes to changing your trademarks. The post Can You Change a Trademark? appeared first on Erik M Pelton & Associates, PLLC. Brands may evolve over time and sometimes brand names or logos change. Erik explains what is allowed and what is not when it comes to changing your trademarks.
GDB Firm Blog
OCTOBER 19, 2020
What should the Board do in the event there is a COVID-19 infected person in the building or a person who must quarantine because of contact with an infected person or return to the building from a COVID "hot spot"?
GDB Firm Blog
OCTOBER 19, 2020
When the tax law changed in 2017, the benefits to taxpayers were expected to last through 2025. The favorable tax changes included an increase in the amount exempt from estate tax, from $5 million to $11 million per person, and a maximum capital gains tax rate of 20%. With the upcoming presidential and congressional elections, and calls by politicians to undo these favorable tax laws, our clients wonder what they should do now, before the tax law changes again.
GDB Firm Blog
OCTOBER 12, 2020
New York State has assisted businesses suffering economic hardship from the COVID-19 crises by enacting legislation over the past few months granting eviction moratoria and relief to individual guarantors of commercial leases. A new bill is being considered by the legislature which may offer long-term property tax abatements to commercial landlords who agree to limit rent increases and settle arrears owed by commercial tenants who have been impacted financially by the pandemic.
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