Erik K Pelton
JUNE 28, 2021
The number of influencers who generate significant revenue, sometimes millions of dollars, stemming from their personal brand and yet have never filed for trademark registration is astonishing. The post An influencer essentially is a brand, and should be protected with trademark filings appeared first on Erik M Pelton & Associates, PLLC.
SpicyIP
JULY 1, 2021
Image from here. Although education has the potential to be a significant leveller of inequalities, online education because of the pandemic, has brought into stark relief the digital divide and widening socio-economic inequalities in India. Of late, there have been multiple reported cases of suicides by students (see here and here ) on account of lack of access to the means of education.
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Patently-O
JUNE 30, 2021
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.
The IPKat
JUNE 27, 2021
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.
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
JUNE 30, 2021
There are seven letters in the word “success”, and in this episode former USPTO examiner Erik revels seven keys to branding success for a business’ trademark. For more details and the accompanying visual, see [link]. The post 7 Keys to Branding Success appeared first on Erik M Pelton & Associates, PLLC. There are seven letters in the word “success”, and in this episode former USPTO examiner Erik revels seven keys to branding success for a business’ trademark.
Kashishipr
JUNE 30, 2021
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Kluwer Copyright Blog
JUNE 30, 2021
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.
JD Supra Law
JULY 2, 2021
Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the National Collegiate Athletic Association (NCAA) Board of Directors agreeing this week (Wednesday, June 30) to waive enforcement of its prohibition against collegiate athletes making money off of their NIL rights (their fame) amid interim guidance to schools, we find ourselves.
Copyright Alliance
JUNE 29, 2021
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.
Patently-O
JULY 1, 2021
by Dennis Crouch. In re Samsung Electronics Co., LTD ( Fed. Cir. 2021 ). The Federal Circuit has again granted mandamus and ordered Judge Albright to transfer two cases case out of his W.D.Tex. court to a more convenient forum (N.D.Cal.). The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics.
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.
Kluwer Copyright Blog
JULY 1, 2021
Photo by Mizter_X94 via Pixabay. The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) , concerning platform liability for copyright-infringing user uploads under Art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time. Such a long time – almost a year has passed since the Advocate General opinion (see here ) – that a casual observer of copyright law may conclude that the judgment has lost its practical significance.
IAM Magazine
JUNE 28, 2021
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.
The Illusion of More
JUNE 29, 2021
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). […].
Managing IP
JULY 1, 2021
With the interplay between street art and IP hitting headlines recently, Rebecca Newman of Stobbs runs through what the law says and what artists (and brands) need to know
IP and Legal Filings
JUNE 26, 2021
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.
The IP Law Blog
JULY 1, 2021
Patents protect inventions. However, patents protect only certain inventions. In order to be patentable, an invention must fall within one of four categories of patent-eligible subject matter: articles of manufacture, machines, processes, and compositions of matter. 35 U.S.C. §101. There are some things that are not patentable (i.e. are patent-ineligible subject matter): laws of nature, natural phenomena, and abstract ideas.
More Than Your Mark
JULY 2, 2021
The Supreme Court of the United States recently held in the case of Minerva Surgical, Incorporated v. Hologic, Incorporated that the doctrine of assignor estoppel (a rule that prevents people who assign their patents to a company from then challenging the validity of their patent) is alive and well, but subject to certain important exceptions. The Validity of a Patent.
SpicyIP
JULY 2, 2021
We’re pleased to carry an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. For further details, please see the announcement below: USPTO and LexisNexis Reed Tech Extend their 50-year Partnership with a New 10-year Deal.
IP and Legal Filings
JUNE 29, 2021
With the highly developed economy in the world, Japan sets itself apart as the global center of a technologically advanced country. As per the data released by IMF and World Bank, Japan is the third-largest economy in the world by nominal GDP and fourth-largest in terms of purchasing power parity. It’s the world’s second-largest developed economy. With such huge economic power, Japan also plays a leading role in the organization such as G7 and G20.
IP.com
JUNE 29, 2021
Raspberry Pi is a low-cost computing solution originally developed to get kids excited about programming and digital making. Since the itty-bitty computer launched in 2012, its popularity has expanded well. The post Here’s How All Kinds of Innovators are Using Raspberry Pi Right Now appeared first on IP.com - IP Innovation and Analytics.
Patently-O
JUNE 29, 2021
by Dennis Crouch. Minerva Surgical Inc. v. Hologic Inc. ( Supreme Court 2021 ). In my property law course, I spend a good bit of time walking through post-conveyance rights and obligations. What warranties are are promised to the buyer? Do these need to be express or may they be implied? Can you disclaim the warranties by selling via quitclaim deed or “as is”?
The Illusion of More
JULY 1, 2021
“Congress, however, barely considered the availability of state remedies for patent infringement and hence whether the States’ conduct might have amounted to a constitutional violation under the Fourteenth Amendment. It did hear a limited amount of testimony to the effect that the remedies available in some States were uncertain. The primary point made by these […].
SpicyIP
JUNE 28, 2021
We are pleased to bring you a guest post from Rounak Doshi, discussing the position of law on arbitrability of trademark disputes in light of Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. Rounak is a 2nd year student at NLIU Bhopal. Our previous posts on questions of IPR and arbitration can be viewed here.
IP.com
JUNE 29, 2021
Whether you’re an inventor trying to grow a startup or part of a research and development team at an established organization, existing patents will impact how you approach innovation. Patented. The post How to Search for Existing Patents appeared first on IP.com - IP Innovation and Analytics.
Patently-O
JUNE 30, 2021
by Dennis Crouch. The USPTO has released some implementation information for Arthrex. In its decision, the Supreme Court held that the USPTO Director has power to review any IPR decision by the PTAB. The Agency’s basic approach is as follows: At times, the PTO Director might initiate review of an IPR Decision sua sponte. This is unlikely. A party may request review of a final written decision for an IPR/PGR.
Michael Geist
JUNE 28, 2021
The Liberal government strategy to push through Bill C-10 bore fruit last week as the controversial Broadcasting Act reform bill, received House of Commons approval at 1:30 am on Tuesday morning. Bill C-10 proceeded to receive first reading in the Senate later that same day and after a series of Senate maneuvers, received second reading from Senator Dennis Dawson the following day.
IAM Magazine
JUNE 30, 2021
Following a surge in patent filings, the China National IP administration has released a notice and draft measures, which aim to dampen the enthusiasm of opportunistic domestic filers, divert the focus of patent filers and practitioners from quantity to quality and encourage innovation.
IP.com
JUNE 27, 2021
In the early years of AI, computer scientists believed that artificial intelligence would soon match “the general intelligence of an average human being” and maybe even replace subject matter experts, The post AI is Living Up to Expectations, Just Not How We Thought It Would appeared first on IP.com - IP Innovation and Analytics.
Copyright Alliance
JULY 1, 2021
As most are aware, the Fourth of July is the celebration of the political separation of the 13 original American colonies from England, which was marked by the signing of […]. The post Celebrating America’s Independence through Music and Copyright appeared first on Copyright Alliance.
The IPKat
JULY 2, 2021
People create books, or movies, to be read, or viewed, by others. For sure, a handful write for their own pleasure, keeping their literary output out of sight in a drawer. But they are a rare breed. For the rest, the reader is an essential element in the author’s creative activity. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer.
The Trichordist
JUNE 27, 2021
Chris Castle interviews Blake Morgan on the launch of the American Music Fairness Act.
IP Close Up
JUNE 29, 2021
Despite the increasing value of intellectual property in general, and trade secrets in particular, suits filed have remained remarkably steady over the past several years. Continue reading.
Intellectual Property Office Blog
JUNE 29, 2021
The Alliance for Intellectual Property (AIP) is a coalition of organisations representing creators and intellectual property (IP) rich businesses. AIP organises an annual British IP Day. Dan Guthrie, Director General of the AIP, tells us more about how the organisation plans to mark its special day. Each year, we at the Alliance for IP, organise British IP Day.
SpicyIP
JUNE 29, 2021
We’re pleased to inform you that a free online course on intellectual property starting on 1 st July 2021 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Assistant Professor of Law, in-charge of the IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Join the Online Course on Intellectual Property.
Delaware Intellectual Property Litigation Blog
JUNE 28, 2021
By Memorandum Order entered by The Honorable Maryellen Noreika in Sentient Sensors, LLC v. Cypress Semiconductor Corp. , Civil Action No. 19-1868-MN (D.Del. June 24, 2021), the Court denied Defendant Cypress Semiconductor Corporation’s motion seeking further construction of the claim term “embedded” which appears in numerous claims of the patent-in-suit, U.S.
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