Erik K Pelton
DECEMBER 31, 2021
Top Trademark Trends of 2021. By Erik Pelton®. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Here are what I found to be the most important trademark issues of the year: Trademark Modernization Act of 2020 (“TMA”) goes into effect.
TorrentFreak
DECEMBER 27, 2021
With more ways to stream online video than ever before, protecting video continues to be a key issue for copyright holders. This is often achieved through Digital Rights Management, which is often referred to by the initials DRM. In a nutshell, DRM is an anti-piracy tool that dictates when and where digital content can be accessed. Widevine DRM is one of the leading players in the field.
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Technology & Marketing Law Blog
DECEMBER 27, 2021
This case involves vegan chef Chloe Coscarelli , the first vegan to win Food Network’s Cupcake Wars. That win made her a legend in the vegan community, and she has parlayed her fame into some great vegan cookbooks. She also connected with a management group to build a vegan fast-casual restaurant chain called “By Chloe.” Unfortunately, that relationship did not go well.
IP Watchdog
DECEMBER 27, 2021
As of today, the 2022 Supreme Court docket is light on intellectual property cases, with the Court having granted review of only one copyright case. However, one other major case lurks in the background on an issue—patent ineligibility—upon which the Supreme Court has already demonstrated its interest. These two cases are examined in greater detail below.
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
DECEMBER 28, 2021
Did you know that the recipe for storing trademark protection requires just a few ingredients? In this episode, Erik discussed those ingredients and the steps needed to create a delicious dish of brand protection for your business. The post The Recipe for Strong Trademark Protection appeared first on Erik M Pelton & Associates, PLLC. Did you know that the recipe for storing trademark protection requires just a few ingredients?
TorrentFreak
DECEMBER 25, 2021
At the end of every year, we take a look at the most-downloaded TV episodes among torrenting pirates. For several years in a row the list was headed by Game of Thrones but that reign came to an end last year after the series ended. This changing of the guard coincided with the launch of several Disney+ exclusives, which do particularly well among the pirating public.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
DECEMBER 31, 2021
The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. Whilst this is not the first time the EPO has considered whether there would be any benefits to introducing a patent grace period, so far widespread support for introducing a grace period in Europe h
The Illusion of More
DECEMBER 30, 2021
Yesterday, New York State Governor Kathy Hochul vetoed A5837, the eBook lending bill, which is almost identical to bills in Rhode Island, Massachusetts, and Maryland. The Maryland law, set to take effect on the first of the new year, triggered litigation by the American Association of Publishers (AAP), primarily on the basis that these bills […].
TorrentFreak
DECEMBER 28, 2021
Sharing copyrighted content online is certainly nothing new but over the years the sharing mechanisms have expanded to incorporate new methods of distribution. Where once peer-to-peer services were the obvious choice, these days people also utilize platforms such as WhatsApp, Discord and Facebook, which add social elements to the sharing experience by bringing like-minded people together, often around a central topic.
IP Watchdog
DECEMBER 30, 2021
Even as Europe and the rest of the world continued to face the unprecedented challenges of the COVID-19 pandemic in 2021, the development of 5G and other Standard Essential Patent (SEP)-enabled technology standards has continued at an unabated pace. While the year has not yet ended, more than 100,000 technical contributions have already been submitted at 3GPP meetings for 2G, 3G, 4G and 5G in 2021 – a near-record yearly contribution count.
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The IPKat
DECEMBER 29, 2021
The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020. The report Previously, the results of enforcement of intellectual property rights (IPRs) in the EU had been published separately by the DG TAXUD and EUIPO.
JD Supra Law
DECEMBER 31, 2021
As the world marched forward in the face of the lingering covid-19 global pandemic, the Supreme Court and Federal Circuit followed suit, issuing several noteworthy decisions of which patent litigators should be aware in 2022. Selected decisions are summarized below. Supreme Court Declines Opportunity to Dismantle Patent Trial and Appeal Board: U.S. v.
TorrentFreak
DECEMBER 29, 2021
Strike 3 Holdings is a familiar name in U.S. federal courts. This year alone the adult entertainment company has filed hundreds of lawsuits against alleged BitTorrent pirates. While many of these lawsuits have resulted in private settlements, Strike 3 also encountered pushback from some of the people it sued. In the Central District of California, for example, a “John Doe” defendant denies any wrongdoing.
Technology & Marketing Law Blog
DECEMBER 29, 2021
Benjamin Crosswhite traveled in Jerry Falwell Jr.’s orbit. Reuters published allegedly defamatory stories about Crosswhite in August and September 2019. Crosswhite sued Reuters for defamation in March 2021. Virginia has a 1 year statute of limitations (SOL), which had a 4-month tolling in 2020 due to COIVD. Given the dates, this should be an easy dismissal.
The IPKat
DECEMBER 27, 2021
Just a few days before Holidays season, the Legal Board of Appeal announced its ruling in the cases J 8/20 and J 9/20, thus confirming the decisions of the Receiving Section of the European Patent Office, both of which has refused the DABUS applications EP 18 275 163 and EP 18 275 174. These well-known applications designated an artificial intelligence system as the inventor.
JD Supra Law
DECEMBER 31, 2021
While the Federal Circuit has patent law as its principal focus, as a U.S. Circuit Court of Appeals, questions come before the Court on more mundane, procedural matters (which, sometimes being dispositive, does not reduce their importance to the parties and occasionally the rest of us). One such case was decided on December 16th in Alpek Polyester, S.A. v.
TorrentFreak
DECEMBER 28, 2021
When we first read about White Rabbit years ago , we initially dismissed it as yet another attempt to make pirates voluntarily pay for the content they consume. We have seen a few of these services come and go over the years. They all failed due to a lack of support from both content creators and pirates. That White Rabbit first sought interest from the press during the 2018 “ ICO craze ” didn’t help either.
Copyright Lately
DECEMBER 29, 2021
Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. I don’t know about you, but my 2021 actually made 2020 look pretty, prettay, prettaay good by comparison. This was the year we actually had to try to pretend everything was back to normal when, frankly, it was anything but. So, forget all the “best of” lists that I’m sure are clogging up your feeds right now.
The IPKat
DECEMBER 29, 2021
Just before closing down for Christmas, the European Commission published the “Evaluation on geographical indications (GIs) and traditional specialities guaranteed (TSGs) protection in the EU” [to download the evaluation, click here and scroll down to the bottom of the page]. The evaluation is the penultimate step in the revision of the GI system in the EU.
JD Supra Law
DECEMBER 30, 2021
The commercial landscape of college athletics has experienced significant change in recent months. The release of the new NCAA “interim policy,” prompted in part by the U.S. Supreme Court decision in NCAA v. Alston, has allowed college athletes and businesses to benefit from new endorsement and income opportunities involving the licensing of an athlete’s name, image, and likeness (“NIL”).
TorrentFreak
DECEMBER 26, 2021
In a summer 2020 lawsuit , Amazon Content Services, publisher Penguin Random House and several authors including John Grisham and Lee Child, accused several pirate eBook sites of infringing their copyrights. The sites, which operated under the ‘Kiss Library’ brand, were available from domains including Kissly.net, Wtffastspring.bid, Libly.net, and Cheap-Library.com.
SpicyIP
DECEMBER 26, 2021
We’re pleased to bring to you a guest post by Arun Mohan on the recent order by the PPV & FR Authority dated 03.12.2021 in the “revocation application relating to FL 2027- Kavita Kuruganti” Arun has been a regular guest blogger for SpicyIP and you can find his bio and posts here and here. Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection.
The IPKat
DECEMBER 27, 2021
Last week, the UK Intellectual Property Office (UKIPO) released an intriguing report measuring and analyzing (apparently for the first time) the influence that social media influencers exert on consumers also when it comes to purchasing counterfeits. This kind of research is timely, also considering – among other things – recent initiatives in which brand owners and Amazon joined forces to bring judicial proceedings – now settled out of court – in the USA against influencers over the advertising
JD Supra Law
DECEMBER 28, 2021
As we close out another calendar year, we look back at the top legal developments of 2021 that could influence the market for biologics and biosimilars. There were many interesting decisions and other developments in district court, at the Federal Circuit, at the PTAB, and even at the ITC. .
TorrentFreak
DECEMBER 31, 2021
There is no doubt that over the past 20 years, online piracy has transformed in many ways. While still not completely dead, the original “sharing is caring” ethos is now overshadowed by what is a largely commercial web of for-profit piracy services. In most jurisdictions, the operators of commercial piracy services commit crimes ranging from criminal copyright infringement to money laundering and fraud.
Technology & Marketing Law Blog
DECEMBER 31, 2021
This case involves the Twitter account “@ CallMeMoneyBags ,” a pseudonymous account. In October 2020, the user posted 6 tweets attacking Brian Sheth , a private equity billionaire, that included photos “depicting a woman or portions of a woman’s body.” The opinion doesn’t clarify who is depicted in the photos or who owns those photos, other than to note that “Bayside registered its copyrights in the photos on November 2, 2020.” The relationship bet
Kluwer Copyright Blog
DECEMBER 26, 2021
Photo by Markus Spiske on Unsplash. Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.
JD Supra Law
DECEMBER 27, 2021
Following a telephone conference held on August 16th between the Board and representatives of Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) and Senior Party Sigma-Aldrich, the Board issued its Order on September 20th authorizing motions and setting times under 37 C.F.R. §§ 104(c) and 121.
TorrentFreak
DECEMBER 30, 2021
The closing weeks of 2021 have been packed with new pirate site-blocking orders around the globe. From Australia through the UK to Spain , several courts granted new blocking orders to make it harder for the public at large to access pirate sites. In India, the local piracy blocklist is expanding as well. This week we reviewed a decision from the High Court in Delhi, which targets the popular torrent site RARBG.
The Illusion of More
DECEMBER 27, 2021
During a recent scan of the Authors Guild discussion boards, where I look for copyright related comments, I noticed a couple of authors mentioning how dismayed they were to hear the NPR show 1A host a one-sided conversation about the Internet Archive being sued by several major publishers. The program, which aired on December 7, […]. The post Why is the press so bumfuzzled about copyright issues?
IP.com
DECEMBER 30, 2021
Determining patentability and freedom to operate is essential to the ROI your organization will see from an invention. Conducting both patentability and FTO searches at strategic points during the innovation. The post FAQ: What is Patentability vs Freedom to Operate? appeared first on IP.com - IP Innovation and Analytics.
JD Supra Law
DECEMBER 27, 2021
There are some cases where the Federal Circuit makes its decision based on the eternal verities of patent law (insofar as there are any eternal verities in patent law). One such decision arose earlier this month when the Federal Circuit affirmed a determination of non-obviousness by the Patent Trial and Appeal Board in an inter partes review proceeding, that opinion captioned Teva Pharmaceuticals USA, Inc. v.
TorrentFreak
DECEMBER 27, 2021
After eight months, Triller’s legal campaign against sites that allegedly streamed the Jake Paul vs Ben Askren boxing match on April 17 is still ongoing. Named in its initial $100m lawsuit and described as “cyber-criminals”, one of Triller’s early targets were the operators of Online2LiveStreams.us. The platform was accused of diverting a share of 2,000,000 streams away from Triller’s legal services.
Kashishipr
DECEMBER 28, 2021
Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement.
IP Watchdog
DECEMBER 29, 2021
With the close of another year upon us, IPWatchdog is returning to an annual feature with its Top 10 list of issued U.S. patents during 2021. While it’s impossible to produce a definitive list of the ten most important patents in terms of future commercialization, the following list reflects a series of innovations that either represent important advances in burgeoning areas of technology, or practical innovations that address many of the recurring problems that our world has been facing during
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