Erik K Pelton
MARCH 1, 2021
If WTP sent you mail about publication in a trademark directly (see image below), beware. Trash it. It is a scam. The cost of the scam has changed over the years, but the essence of this trick is the same. For $ 1420.00, WTP offers publication in its “directory,” which has no real value. And their form, sent to recent trademark applicants, looks official.
Intellectual Property Law Blog
MARCH 2, 2021
December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Following the abrogation of Form 18, patent infringement claims must satisfy the plausibility standard articulated in Bell Atlantic Corp. v. Twombly , 550 U.S. 544 (2007) and Ashcroft v.
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CopyrightsWorld
MARCH 1, 2021
Since you are reading this article you’re most likely either a designer working on brand identity and logos, or a business owner. Here is what you should know getting started: A logo can be protected by both copyright and trademark, depending on how it is used. A logo copyright protects a creative design or an expression of an idea, while a logo trademark protects things that identify a business on the marketplace.
The IP Law Blog
MARCH 5, 2021
While Shakespeare may have wondered “what is in a name?”, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. Mad Dogg Athletics, located in Venice, CA, is the owner of the trademarks SPIN and SPINNING.
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?
Erik K Pelton
MARCH 4, 2021
I was quoted in an article by World Trademark Review this week about the ongoing and growing scams targeting trademark owners in the US as suggesting a taskforce to help tackle this complex issue on multiple fronts. The full World Trademark Review article, USPTO urged to set up task force to address scams following massive Pakistan fraud case , can be found here.
Intellectual Property Law Blog
MARCH 3, 2021
Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. In patent examination, the first type, because it recites underlying technology improvement, rarely elicits subject matter rejections.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Art Law Journal
MARCH 4, 2021
Patrick J. Concannon. Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners.
Erik K Pelton
MARCH 2, 2021
The following is an edited transcript of my video, How to Use the Bold Brand Scoresheet. The Bold Brand Scoresheet is a metric that I created to help assess a brand and how well protected it is. Using the table below, take the assessment and give your brand an honest rating and score in each category. The result will be a total score between 0 and 12.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 3, 2021
Fish & Richardson obtained more U.S. utility patents in 2020 than any other firm, securing 2,957 patents – over 500 more than its nearest competitor, according to data from Juristat. Fish & Richardson’s patent prosecution and counseling team has a rare combination of technical prowess and legal knowledge that is essential for providing top-notch patent representation.
Canadian Intellectual Property Blog
MARCH 2, 2021
Companies large and small often think long and hard about whether to patent their products. For small companies and startups, it is often a question of limited time and money. For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional.
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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.
Art Law Journal
MARCH 4, 2021
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. The post How to Protect Your Fashion Designs appeared first on Art Business Journal.
Erik K Pelton
MARCH 3, 2021
Part of keeping a brand and trademark strong requires monitoring for and addressing infringements. In this episode, Erik explains trademark monitoring and provides some free tips for brand owners. The post How to Monitor for Infringements appeared first on Erik M Pelton & Associates, PLLC. Part of keeping a brand and trademark strong requires monitoring for and addressing infringements.
azrights
MARCH 5, 2021
The post EP 76: Catherine Lang – Cline – Things to Consider When Hiring a Designer appeared first on Azrights.
IP Spotlight
MARCH 5, 2021
Tech companies and other employers note: H1-B cap registration opens March 9, 2021. Full details are available at this blog post by my partner Catherine Wadhwani , published on Fox Rothschild’s Immigration View.
Art Law Journal
MARCH 2, 2021
Redefining your artistic intention and drawing inspiration from others is a useful approach when returning to your art studio after a long hiatus or break. The post Returning to Your Art Studio After a Hiatus appeared first on Art Business Journal.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 2, 2021
Fish & Richardson obtained denial of eight petitions for inter partes review (IPR) filed by Globus Medical Inc. that challenged several spinal surgery patents of Fish client Moskowitz Family LLC, a Maryland neurosurgery practice. The Patent Trial and Appeal Board (PTAB) found that Globus, a publicly-traded medical device company, failed to meet its burden and was not likely to prove any of the challenged claims of Moskowitz’s U.S.
GDB Firm Blog
MARCH 1, 2021
You may have seen news reports on CNN and other news outlets that a federal judge has declared the Center for Disease Control's residential eviction moratorium to be unconstitutional. In September 2020, and recently extended, the CDC ordered a halt to all residential evictions nationwide because of the coronavirus pandemic, but the court negated the effect of that order.
Clancco
MARCH 1, 2021
For those that are still in awe of copyright infringement cases, here’s an update on the Koons/Pompidou/Pig controversy. In brief, Koons and the Pompidou lost the appeal and won themselves an increase in monetary awards due to the photographer of the girl/pig image. As of this moment, Koons still displays the image of the pig and girl on his website.
The Art Law Blog
FEBRUARY 28, 2021
The Baltimore Museum of Art announced three gifts to help fund the diversity and equity initiatives it initially had planned to support through deaccessioning but changed course in the face of a storm of criticism. Brian Boucher's artnet story describing the gifts also includes a fascinating interview with BMA director Christopher Bedford, which includes these highlights: Boucher says that "some are calling on boards to step up yet further.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 2, 2021
This month, the Eastern District of Texas issued four opinions across two cases that considered motions to strike portions of expert reports that were based on allegedly untimely disclosures. Wapp Tech Ltd. P’ship v. Seattle SpinCo, Inc. , No. 4:18-CV-00469 (E.D. Tex.). Plaintiff Wapp Tech moved to strike and exclude six new witnesses and 843 pages of documents that Defendants disclosed after the close of fact discovery.
IIPRD
FEBRUARY 27, 2021
“Music is art, and art is important and rare. Important, rare things are valuable. Valuable things should be paid for.” – Taylor Alison Swift. The Big Move. On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”.
The IP Law Blog
MARCH 2, 2021
©2021. Published in Landslide , Vol. 13, No. 3, January/February 2021, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
The Art Law Blog
FEBRUARY 28, 2021
Another interesting deaccession-related interview today. I loved this bit: "The debates have a kind of theological tint to them. There's a great deal of passion and conviction and categorical statements around issues which by their nature are highly complex. I think they also reflect a certain lack of faith in institutions to make the right judgments.
The Art Law Blog
MARCH 3, 2021
So the Boy Scouts of America, "faced with tens of thousands of sex-abuse claims," is planning to sell 60 works by Norman Rockwell to "help raise money for a settlement fund of at least $300 million for sexual abuse victims." I don't think even the Deaccession Police will have a problem with this -- Deborah Solomon tweets out what I assume will be the consensus view: "Should the Boy Scouts de-accession their art?
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