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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.
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.
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.
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.
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?
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.
“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.
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).
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 […].
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 exactly is the mark filed in your trademark application or registration? One of the most common errors in a trademark application is a mismatch between the mark shown in a trademark application drawing and the mark shown in submitted specimens. The USPTO rule is that the specimens of use must display a mark that is a substantially exact representation of the mark applied for or registered.
Spotlight on Commerce: Thomas Choi, International Program Specialist, Commercial Law Development Program (CLDP). May 18, 2021. KCPullen@doc.gov. Tue, 05/18/2021 - 08:47. Intellectual property. Thomas Choi, International Program Specialist, Commercial Law Development Program (CLDP). Guest blog post by Thomas Choi, International Program Specialist, Commercial Law Development Program (CLDP).
Philadelphia Business Journal has included Nitika Gupta Fiorella in its 2021 “40 Under 40” list. The annual list profiles the region’s top young professionals across a broad range of industries, including law, the arts, health care, finance, and entertainment. This year’s honorees were selected from a pool of more than 300 nominees. A principal in Fish’s Delaware office, Fiorella’s practice focuses on complex patent litigation and combines novel, strategic thinking with a deep understanding of s
Artists: Learn how to manage your art business in a financially responsible way aimed toward sustainable growth! The post Financial Planning for Artists to Grow Your Business appeared first on Art Business Journal.
Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Our You, Me & IP series joins Innovation Week to discuss the considerations and issues businesses can encounter while registering trademarks to stop infringing imports. The post GM Innovation Week: Catch You at the Border: Registering Trademarks With U.S. Customs and Border Protection to Stop Infringing Imports appeared first on Greenspoon Marder LLP.
Spotlight on Commerce: MiYong Kim, Operating Committee Chair, Bureau of Industry and Security. May 17, 2021. KCPullen@doc.gov. Mon, 05/17/2021 - 09:08. MiYong Kim, Operating Committee Chair, Bureau of Industry and Security. . Guest blog post by MiYong Kim, Operating Committee Chair, Bureau of Industry and Security. I am the Chair of the Operating Committee (OC) at the Commerce Department’s Bureau of Industry and Security (BIS).
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 […].
Mobile apps can certainly be profitable, especially if you maintain in-app purchases and "freemium" business models, and so it is worth your while to protect them from imitators and copycats. Fortunately, apps can be patented in some jurisdictions.
Spotlight on Commerce: Hannah Wang, Primary Patent Examiner, U.S. Patent and Trademark Office (USPTO). May 20, 2021. KCPullen@doc.gov. Thu, 05/20/2021 - 10:51. Intellectual property. Hannah Wang, Primary Patent Examiner, U.S. Patent and Trademark Office (USPTO). Guest blog post by Hannah Wang, Primary Patent Examiner, U.S. Patent and Trademark Office (USPTO).
In our fifth and final data-led article on EUTM filings, Managing IP speaks to a division of pharma company Servier, and others, to assess trademark filing trends in France
Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. U.S. patent law further divides patents into three different types: utility, design, and plant patents. Each type of patent serves a similar purpose of spurring innovation while protecting the ideas of inventors for a limited time.
On March 8, 2021, Pearson Education, Inc.; Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning; Cengage Learning, Inc.; and McGraw Hill LLC (collectively the "Publishers") filed suit against Bookholders LLC, a textbook retailer ("Bookholders"). The Complaint alleges that, at least since 2017, Bookholders has been distributing counterfeit copies of legitimate textbooks produced by the Publishers.
CALL FOR: 2021 Sustainability, Energy, and Environmental Ambassador Nominations. May 19, 2021. ASowah@doc.gov. Wed, 05/19/2021 - 11:34. The Department of Commerce is calling for nominations for the fourth annual Sustainability, Energy, and Environmental (SEE) Ambassadors program. The SEE Ambassadors program recognizes individual Departmental employees for outstanding performance in implementing exceptional projects or programs helping the Department meet sustainability, energy and water reducti
By Memorandum Opinion entered by The Honorable Colm F. Connolly in CareDx, Inc. v. Natera, Inc. , Civil Action No. 19-662-CFC-CJB (D.Del. May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” CareDx sought to offer the damages expert’s testimony at trial in support of its claims for damages against Natera under § 1117(a)(2) of the Lanham Act.
Karl Renner , Fish & Richardson principal and co-chair of the firm’s post-grant practice group, was named President of the PTAB Bar Association following the Association’s annual meeting on May 17, 2021. Renner, who helped found the organization, has been an active board member since its inception and an officer for the past three years. The first national bar association of its kind to form in over 30 years, the PTAB Bar Association was , to preserve and promote the highest professional and
Spotlight on Commerce: Ava Jamerson, International Trade Specialist, International Trade Administration. May 19, 2021. KCPullen@doc.gov. Wed, 05/19/2021 - 15:54. Trade enforcement. Ava Jamerson, International Trade Specialist, International Trade Administration. Guest blog post by Ava Jamerson, International Trade Specialist, International Trade Administration.
Shenzhen Buxian Network Tech. Co., Ltd. d/b/a Veken v. Bodum USA, Inc. , Slip Op., No. 20 C 1726 (N.D. Ill. Jan. 25, 2021) (Aspen, Sen. J.). Judge Aspen denied plaintiff’s motion to certify an interlocutory appeal in this trade dress dispute involving French press coffee makers. A jury previously held that the identical French press Chambord design was non-functional and to have secondary meaning.
Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright? Rachel Dolezal, who now goes by the name Nkechi Diallo, became the subject of intense public scrutiny back in 2015 after it was revealed that she lied for years about being black. Dolezal, then a college instructor and NAACP chapter president in Spokane, Washington, was accused of cultural misappropriation, and the whole episode s
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
For our weekly SoCal IP Institute meeting on Monday, May 24, 2021, 1:00 pm PT, Michael Harris will lead a discussion of the Trademark Modernization Act. The Trademark Modernization Act of 2020 (TMA) (tm modernization act) is now law, but it needs PTO rules before TMA will become effective. The proposed rules are at TMA [.].
Five counsel in LATAM and the US say they’ll need to change prosecution tactics and scrutinise their portfolios as a result of the Direct Action 5,529 decision
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