Erik K Pelton
MARCH 9, 2021
The following is an edited transcript of my video, What Are the Potential Costs of an Unprotected Trademark. I recently spoke with a small business owner who bought a restaurant, rebranded it, opened it to the public, and received critical acclaim. Of course, as part of this process, they ordered new menus, hung a new sign, and poured quite a bit of money, time, and energy into this new venture.
IP Blog
MARCH 12, 2021
Books have been a cornerstone of education and entertainment for centuries, and are still a key medium for the exploration and sharing of ideas. Therefore, it is no surprise that they occupy a special place in the sphere of Intellectual Property (IP) and the historical development of IP rights.
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Corsearch
MARCH 11, 2021
Did you know that in 2020, over 46,000 trademark applications were filed in Class 5 (Pharmaceuticals and Medical Supplies) in the USPTO and the EUIPO?
CopyrightsWorld
MARCH 9, 2021
Not panicking is easier said than done, especially when it comes to something you have poured your heart into, perhaps even spent years creating. Nevertheless, reacting too quickly, without enough prep-work, and, potentially, without expert advice, can cause more harm than good. It may even land you, the wronged party, in hot water. Luckily, you are one of many creators today who have to work to protect their work against potential copyright infringement, be it accidental, or very much deliberat
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 10, 2021
Many influencers, despite building huge followings and generating revenue from their brand, have failed to protect some of their most valuable assets. Trademark protection is especially important for social media influencers. In this episode, Erik sheds light on this topic and shares examples why influencers ought to protect their brands. The post Influencers Need Trademark Protection Too appeared first on Erik M Pelton & Associates, PLLC.
Trademark and Copyright Law Blog
MARCH 11, 2021
March 8 was, according to questionable sources , National Retro Video Game Day in the US. As one of Foley Hoag’s several resident video game nerds, this reminded me of one of my favorite video-game-related IP disputes. In the 1970s, a nearly century-old Japanese playing card company called Nintendo started to branch out into electronic gaming, and in 1979 started a coin-operated arcade gaming division.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Art Law Journal
MARCH 9, 2021
Whether or not you manage to sell your artwork is driven not by the product, but what you do with the product. Here are some of the most crucial factors. The post 8 Reasons Why You’re Not Successful Selling Artwork appeared first on Art Business Journal.
More Than Your Mark
MARCH 12, 2021
According to the U.S. patenting courts, “new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention merely because … no one else ever did the particular thing upon which the applicant asserts his right to a patent.
The IP Law Blog
MARCH 12, 2021
We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast ( The Briefing on YouTube ). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by photographers against celebrities who reposted photos on their social media accounts. Two specific celebs who have taken a stand are Emily Ratajkowski and LeBron James.
Clancco
MARCH 8, 2021
After hearing that Metro Pictures gallery would close at the end of this year, I woke this morning thinking of an interview I did with artist and dean of the CalArts School of Arts, Tom Lawson, almost 15 years ago , which contains Lawson’s poignant thoughts on the origins of Metro Pictures.
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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 11, 2021
Louis Smoller. If the owner of a copyrighted work cannot be found, can I use it? It may be possible if you analyze the orphan work properly.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 11, 2021
On March 1, the Supreme Court heard arguments in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1458. The case presented two questions: (1) whether, for purposes of the Appointments Clause, administrative patent judges (APJs) are principal officers who must be appointed by the President with the Senate’s advice and consent, and (2) whether, if APJs are principal officers, the United States Court of Appeals for the Federal Circuit cured the Appointments Clause defect in the statute by severing
azrights
MARCH 11, 2021
The post EP 77: Ross Kimbarovsky – Engaging Services for Your Brand appeared first on Azrights.
43(B)log
MARCH 10, 2021
I'm excited to announce the publication of this Note by my former student Grace McLaughlin, which addresses the fascinating topic of marks optimized to get into Amazon's system rather than to function as indications of source for humans. Highly recommended! [link].
Art Law Journal
MARCH 11, 2021
If the owner of a copyrighted work cannot be found, can I use it? It may be possible if you analyze the orphan work properly. The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 11, 2021
Fish & Richardson secured a Federal Circuit reversal on behalf of Samsung in a patent infringement dispute with Rain Computing Inc. over technology for delivering software applications. In a March 2 order, the Federal Circuit reversed a Massachusetts federal court’s decision that found the asserted claims of Rain Computing’s patent were not invalid as indefinite.
Selvam & Selvam Blog
MARCH 8, 2021
To alleviate the difficulties faced by lawyers and litigants across the country due to the nationwide lockdown imposed due to the COVID-19 pandemic, the Supreme Court on 23 rd March 2020 passed an order in In Re: Cognizance for Extension of Limitation granting an indefinite extension of the limitation period in all proceedings, irrespective of the limitation prescribed under General law or Special Laws whether condonable or not, with effect from March 15, 2020.
Clancco
MARCH 8, 2021
A Massachusetts judge has dismissed a lawsuit by a woman claiming that she, not Harvard University, is the rightful owner of haunting images of an enslaved father and daughter who she says were her ancestors. More here.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 11, 2021
Trade secret owners who decide to enforce their rights in court must demonstrate that they took reasonable measures to protect their trade secrets. Frequently, however, trade secret owners enforcing their rights are required to disclose their trade secrets to the court. [1] How can a trade secret owner continue to protect its trade secrets when it has to reveal them to the judge, jury, and potentially everyone else in the courtroom?
Fish & Richardson Trademark & Copyright Thoughts
MARCH 8, 2021
Trade secrets are one of the four major types of intellectual property and have many unique features, a number of which we have covered in other blogs. Unlike patents, which can only be enforced by private parties in civil court, trade secret misappropriation can lead to criminal liability. This blog discusses the basic concepts surrounding the criminal theft of trade secrets.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 8, 2021
Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond. In particular, the authors review FDA’s preparation for the March 23, 2020 transition date, as well as FDA’s efforts to address biosimilar competition, interchangeability, and the
Clancco
MARCH 8, 2021
More here.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 12, 2021
Fish & Richardson announced today that Frank Scherkenbach , a principal in the firm’s Boston office , has been inducted as a Fellow of the American College of Trial Lawyers (ACTL), one of the premier legal associations in North America. Scherkenbach joins Fish attorneys Ruffin Cordell and Tommy Jacks, who are also ACTL Fellows. Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada and Puerto Rico.
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