Erik K Pelton
APRIL 7, 2021
More and more businesses are using Amazon to sell their products. In this segment, Erik discusses some of these recent changes made by Amazon, and the impact for trademark applicants and registrants seeking to use the Brand Registry to promote their products. The post Amazon Brand Registry Update for Trademark Owners appeared first on Erik M Pelton & Associates, PLLC.
Intellectual Property Law Blog
APRIL 5, 2021
This article originally appeared in The Intellectual Property Strategist. © 2021 ALM Media LLC. Reprinted with permission. Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. For instance, members of a patent pool may agree to pool and license their patent rights to a third party in exchange for fees or royalties.
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JIPL Online
APRIL 9, 2021
By: Taylor Bussey. INTRODUCTION. Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] Memes are also a form of communication that distinguishes generations.
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?
IP Blog
APRIL 7, 2021
Though we may not all admit it, few among us can resist the appeal of a candy bar. But did you know the history of these confections and their value as Intellectual Property assets?
Art Law Journal
APRIL 6, 2021
We sat down with Gallery Owner MK Semos for her take on making a living in the arts, developing an awesome gallery-program, and why she chooses to take on an artist. The post How An Art Dealer Decides appeared first on Art Business Journal.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JIPL Online
APRIL 7, 2021
By: Tyler Dysart. While this year’s Super Bowl held in Tampa, Florida looked quite different in many aspects from previous Super Bowls due to the COVID-19 pandemic, some things remained the same: Tom Brady hoisting a Lombardi trophy and counterfeit sports merchandise flooding the largest sporting event of the year. [i] At this year’s Super Bowl alone, the Department of Homeland Security (DHS) announced that they had seized 169,000 items of counterfeit, unlicensed sports merchandise worth approxi
Art Law Journal
APRIL 8, 2021
Steve Schlackman. Let’s start with some advice: Any graphic materials that promote something; whether products, businesses, or charitable causes, and the graphics contain images of recognizable people, — always have those people sign a model release. Of course, there are non-commercial uses that may also require a model release, (see When To Use A Model Release) but commercial uses almost […].
Biswajit Sarkar Copyright Blog
APRIL 9, 2021
The post IPR Webinar appeared first on Biswajit Sarkar Blog.
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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.
Intepat
APRIL 9, 2021
Enforcement of Trademark Rights is ensured through the provision of both civil and criminal remedies. A civil suit can be instituted for infringement and passing off, and alternatively, Plaintiff can file a criminal complaint with the Magistrate’s court. TRADEMARK INFRINGEMENT. Section 29 of the Trademarks Act, 1999 provides that a registered proprietor gets a right to sue any rival trader in cases involving the use of an identical or similar mark regarding identical or similar goods or services
The IP Law Blog
APRIL 8, 2021
Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. The platform allows “computer programmers to develop new programs and applications” for Android-based devices.
Art Law Journal
APRIL 8, 2021
Let’s start with some advice: Any graphic materials that promote something; whether products, businesses, or charitable causes, and the graphics contain images of recognizable people, — always have those people sign a model release. Of course, there are non-commercial uses that may also require a model release, (see When To Use A Model Release) but commercial uses almost […].
Biswajit Sarkar Copyright Blog
APRIL 9, 2021
The post IPR Webinar appeared first on Biswajit Sarkar Blog.
GDB Firm Blog
APRIL 6, 2021
Recently enacted amendments to the federal Lanham Act trademark statute (Trademark Modernization Act of 2020) which took effect last month, create new procedures and rules that will benefit trademark owners by: A) clearing up the "clutter" of fraudulent trademark registrations which makes it difficult for business people launching a new business or product/service to find a new brand name that is not already registered, and B) giving trademark owners who prevail in court proceedings stro
BYU Copyright Blog
APRIL 5, 2021
On March 24, 2021, MMAS Research LLC ("MMAS") and Dr. Donald E. Morisky ("Morisky") (MMAS and Morisky jointly "Plaintiffs") filed a Complaint against Duke University and various university researchers (jointly "Defendants"). The Plaintiffs claim that the Defendants continued to use a diagnostic tool called the Morisky Medical Adherence Scale (the "Scale"), after their license to the Scale had expired.According to the Complaint, on August 19, 2013, the Plaintiffs and Defendants entered into a Lic
Selvam & Selvam Blog
APRIL 4, 2021
In this current age, with counterfeit goods on the rise, measures such as recording one’s intellectual property with the customs authority in order to curb infringement is a necessity. More information regarding the procedure and requirements for recordal with the customs authority are available here and here. It is pertinent to note that although World Intellectual Property Organization (WIPO) has specifically mandated that trademarks and copyrights be protected under Articles 51 to 60 of the A
Biswajit Sarkar Copyright Blog
APRIL 3, 2021
We are honoured to be a part of the International Webinar hosted by Neotia University’s School of Legal Studies on April 27, 2021. Mr. Biswajit Sarkar, Senior Attorney, and Mr. Donald O’ Connell, MD Chawton Innovation Services, UK, will give a keynote speech at the online lecture session titled “Changing Scenario of IPR during COVID – 19 Pandemic.” He’ll be concentrating on the different things that have changed as a result of the COVID pandemic’s emergence.
JIPL Online
APRIL 9, 2021
By: Taylor Bussey Internet memes are a unique derivative use of otherwise copyrightable content. In this blog post I will discuss whether or not protection matters. Given the nature of the internet—very fleeting content—and of intellectual property litigation—traditionally, painfully slow—does copyright of a meme even matter? I will include a law and economics analysis, using the Cosean placement-of-entitlement matrix, regarding whether the placement of the entitlement will ultimately affect bar
43(B)log
APRIL 9, 2021
The Harvard Journal of Sports and Entertainment Law (JSEL) is accepting submissions for Volume 13, set to publish during AY21-22. Submissions for Issue 1 will be reviewed and accepted through August 2021. JSEL is looking for articles on topics related to sports and entertainment law, and especially encourages law professors to send in articles. We want to err on the side of encouraging submissions, so if you have a nearly completed draft that just needs to be fleshed out a bit more, we would pre
Fish & Richardson Trademark & Copyright Thoughts
APRIL 7, 2021
Fish is proud to announce that thirty attorneys from its Washington D.C. office have been honored with recognition on the 2020 Capital Pro Bono Honor Roll, for contributing 50 hours or more of pro bono work to those who cannot afford counsel. The 2020 Capital Pro Bono Honor Roll is an initiative of the D.C. Courts, in partnership with the D.C. Access to Justice Commission and the D.C.
Biswajit Sarkar Copyright Blog
APRIL 3, 2021
The post Internship programme appeared first on Biswajit Sarkar Blog.
JIPL Online
APRIL 7, 2021
By: Tyler Dysart The sports apparel market is plagued by counterfeit products that reproduce athletic teams’ trademarks at a fraction of the cost. This problem is catalyzed by exclusive licensing deals granted to manufacturers by sports teams, which drive up costs of these officially licensed goods and in turn forcing many consumers to go to black market websites to purchase apparel.
43(B)log
APRIL 8, 2021
Eyal Peer & Dalia Shilian, Improving Consumers’ Ability To Detect Native AdvertisingUsing Identified Disclosure : Native advertising of online content, such as articles embedded within news websites, is a covert attempt by marketers to affect consumer attitudes and behavior. Because such marketing can have detrimental consequences for consumers, regulators worldwide have begun mandating that disclosures accompany marketing content.
GDB Firm Blog
APRIL 6, 2021
A new New York City law effective July 4, 2021 will fundamentally alter the employment relationship between "fast food" employees and their employers, by severely limiting a "fast food" employer's legal right to fire or discipline its hourly employees.
Biswajit Sarkar Copyright Blog
APRIL 3, 2021
We are honoured to be a part of the International Webinar hosted by Neotia University’s School of Legal Studies on April 27, 2021. Mr. Biswajit Sarkar, Senior Attorney, and Mr. Donald O’ Connell, MD Chawton Innovation Services, UK, will give a keynote speech at the online lecture session titled “Changing Scenario of IPR during COVID – 19 Pandemic.” He’ll be concentrating on the different things that have changed as a result of the COVID pandemic’s emergence.
The Art Law Blog
APRIL 5, 2021
"Whether they quite meant to or not, their ruling had the effect of declaring that the landmark inventions of Duchamp and Warhol — the 'appropriation' they practiced, to use the term of art — were not worthy of the legal protection that other creativity is given under copyright law." Blake Gopnik on the recent Warhol fair use decision. UPDATE: More Gopnik here : "It’s a really messy situation.
43(B)log
APRIL 7, 2021
A couple of small Google v. Oracle thoughts: The majority clearly says that, as with other categories of protected works, distinctions can be made within the categories, drawing lines “among” computer programs, books, and films. Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do. Likewise, while the recent Warhol case at times seems to imply that the derivative works right overrides fair use, the same GvO passage says that copyright
Biswajit Sarkar Copyright Blog
APRIL 3, 2021
The post Internship programme appeared first on Biswajit Sarkar Blog.
The Art Law Blog
APRIL 5, 2021
The Supreme Court issued its Google v. Oracle decision today. Adam Liptak's New York Times story is here. The opinion is here.
The Art Law Blog
APRIL 4, 2021
This one upholding the use of the plaintiff's photo of Eddie Van Halen playing guitar in an exhibition of rock n’ roll instruments on the Met’s website. Story here. Opinion here. The use passed the transformativeness test because "the exhibition transformed the Photo by foregrounding the instrument rather than the performer." Whereas the photographer's "stated purpose" in creating the photo was to show “what Van Halen looks like in performance,” the Met exhibition "highlights the unique design o
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