Hugh Stephens Blog
JUNE 8, 2021
Source: [link] Think of yourself as Ian Rye, CEO of Pacific Opera Victoria (POV), my hometown opera company. You’ve been planning ahead for the next season, and advance planning is very much a requirement in the opera scene.
Erik K Pelton
JUNE 10, 2021
The USPTO has received record numbers of filings in the last few months and the last few years. And the numbers continue to climb. This has led to record backlogs and delays. The delays are not only impacting new applications getting reviewed (used to take approximately 3 months, currently taking 5-6 months), but also responses, evidence of use filings, renewal filings, and much more.
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Intellectual Property Law Blog
JUNE 9, 2021
The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This is especially hazardous for counterfeit medical items, mechanical parts, and food products, to name a few. What is more, the reputational damage inflicted by low-quality products can be devastating.
Nelligan Law
JUNE 11, 2021
2SLGBTQ+ rights have come a long way in Canada. Our Family Law group has created a timeline that revisits key legal decisions and events that have contributed towards progression 2SLGBTQ + rights in our country. While progress has been made, it is still important to recognize that there is a large gap between legislated rights. Read more » The post A legal timeline of 2SLGBTQ+ Rights in Canada appeared first on Nelligan Law.
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?
CopyrightsWorld
JUNE 10, 2021
Whether you’re an entrepreneur looking to find photography clients, a freelancer struggling to get clients on UpWork, or a creative seeking employment, you need a portfolio website. With an online website, you can target a global audience. It is one of the best means of advertising your business. As more and more people visit your site, you can turn them into qualified leads and happy customers.
Erik K Pelton
JUNE 7, 2021
The following is an edited transcript of my video, Building a Strong Office Action Response for a Trademark Application. An office action is when an examiner at the USPTO issues a letter to the applicant asking for more information, notifying them of a procedural issue, or notifying them of a substantive issue. Responses to Office Actions are something that I’ve spent a lot of time thinking about over the years.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Nelligan Law
JUNE 10, 2021
As more Canadians become vaccinated, the reality of the return to the office is setting in. Watch as Malini Vijaykumar discusses what employers and employees who are working from home need to consider to have a safe and efficient return to the office. The post Malini Vijaykumar on CTV News appeared first on Nelligan Law.
Copyright Alliance
JUNE 10, 2021
This week we’d like to introduce you to the CEO of CreativeFuture, Ruth Vitale. 1. Please share some information about CreativeFuture and your role as CEO with the organization. CreativeFuture […]. The post Creator Spotlight with Ruth Vitale, CEO of CreativeFuture appeared first on Copyright Alliance.
Erik K Pelton
JUNE 8, 2021
Explosive growth combined with the pandemic are two main reasons contributing to the trademark applications backlog. But what can you do to mitigate this? In this episode, Erik reveals several tips to help navigate the long and winding road that is the USPTO trademark application process. The post Why are USPTO Trademark Applications Taking Longer Than Ever?
The TTABlog
JUNE 8, 2021
In the latest twist in this long-running saga, the United States District Court for the Western District of North Carolina has found the term PRETZEL CRISPS to be generic for pretzel crackers. The court therefore upheld the decision of the TTAB [ here ] ordering cancellation of the PRETZEL CRISPS Supplemental Registration. The court observed that there was no dispute that the product was "hugely successful, due in no small part to Plaintiffs’ extensive marketing efforts and the PRETZEL CRISPS tr
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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
JUNE 5, 2021
In today's age, artists are required to be social media savvy. Learn how to keep your guard up and know when you're being scammed into a faulty sale. The post How To Spot The Scam appeared first on Art Business Journal.
Kluwer Copyright Blog
JUNE 8, 2021
In this case, the court held that according to the Facebook Terms of Service it is permissible to post copyright protected content on a Facebook timeline if this content has been already published on Facebook. The court also emphasised that the defendant would have been entitled to publish the post under Section 19 4) of the Estonian Copyright Act (free use exemption for journalists to report a public event) in any case.
Managing IP
JUNE 9, 2021
Gang Hu of CCPIT Patent and Trademark Law Office discusses the Economic and Trade Agreement between China and the US regarding the protection of geographical indications
Copyright Alliance
JUNE 8, 2021
The creative arts offer individuals a voice to showcase their unique experiences while navigating the complex world we live in. And for the LGBTQ+ community, art and creativity are particularly […]. The post Nine Influential LGBTQ+ Artists You Should Know appeared first on Copyright Alliance.
The IP Law Blog
JUNE 10, 2021
New York’s post mortem right-of-publicity statute recently came into effect. Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without. written consent” can sue for an injunction and damages. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem.
The Illusion of More
JUNE 6, 2021
Justice O’Connor, in Harper & Row v. Nation Enterprises (1985), called copyright “the engine of free expression.” This was not a novel idea. The Justice was merely summarizing a well-established relationship between an author’s copyrights and the freedom to express herself as she wishes. Freedom in artistic expression requires that the author have a degree […].
Fish & Richardson Trademark & Copyright Thoughts
JUNE 10, 2021
This month’s EDTX & NDTX Wrap-Up summarizes a decision from the Eastern District of Texas granting a new trial on patent validity. The court addressed the admissibility of uncorroborated testimony about prior art and whether there was a legally sufficient evidentiary basis for the jury’s invalidity determination. The court ultimately granted a new trial but denied judgment as a matter of law (“JMOL”).
GDB Firm Blog
JUNE 11, 2021
With more than 45% of New York City residents fully vaccinated, New York and the CDC have adopted new, relaxed guidelines for requiring COVID-19 safety measures to be used in certain spaces as of May 19, 2021. But should these guidelines be followed in all buildings?
IP Blog
JUNE 11, 2021
The path to stopping infringement of your Intellectual Property (IP) rights begins with two key questions: "Should I send a cease and desist letter?" and "Is a cease and desist letter enforceable?".
Kluwer Copyright Blog
JUNE 10, 2021
Photo by Gerd Altmann via Pixabay. Introduction. The long-awaited European Commission Guidance on art. 17 of the Copyright in the Digital Single Market Directive (CDSMD) was finally published on 4 June 2021, a mere working day before the transposition deadline of 7 June. Since then, there have already been several pieces published weighing in on the Guidance’s merits and shortcomings (mostly the latter), namely from civil society outfits like COMMUNIA , EDRi and EFF , as well as in this very bl
TraskBritt Intellectual Property
JUNE 10, 2021
An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Generally, several milestones mark the road to securing patent rights: (1) patentability search, (2) application filing and Notice of Acceptance, (3) Office Actions (if any), and hopefully (4) a Notice of Acceptance.
GDB Firm Blog
JUNE 10, 2021
Cases interpreting the revised adverse possession law reflect how hard it is to establish ownership of part of your neighbor's property. And if you fail to establish adverse possession, you may be liable for trespass.
BYU Copyright Blog
JUNE 9, 2021
On May 22, 2021, Ivy Coach, Inc. ("Ivy") filed a lawsuit against Lehren Education, Inc. ("Lehren"). Both companies assist and guide prospective university and college students in their application process.In its complaint, Ivy accuses Lehren of copying “significant portions of Ivy Coach’s content from a page explaining the benefits of using an admissions consultant.
The TTABlog
JUNE 9, 2021
Applicant SICPA Holding SA ran into double trouble when it applied to register the mark SHIFTMAG for "security consulting in the nature of professional consulting on magnetic stripe color shifting smart designs based on liquid crystal technology for visual card authentication, embed protection and brand identity customization.” In a dubiously precedential opinion, the Board agreed with Examining Attorney Brian Pino that SICPA's recitation of services was fatally indefinite, and the Board also up
43(B)log
JUNE 9, 2021
Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. Rev. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. Contradiction is not unknown to the law, of course. This contradiction, though, is acute.
GDB Firm Blog
JUNE 9, 2021
New York State has implemented the Emergency Rental Assistance Program (the "Program"), and applications are being accepted as of June 1, 2021. To qualify, the tenant's household gross income must be at or below 80 percent of the Area Median Income, which differs by county and household size.
Olartemoure Blog
JUNE 8, 2021
Lexology Getting the Deal Through 2021 patents edition, Colombian chapter, written by OlarteMoure. Download the complete chapter in pdf in the link below. Download pdf. By: Carlos R. Olarte. Partner. Alexander Agudelo. Partner | Patents Director. Liliana Galindo. Patent Litigation and PVR Coordinator. Monica Guevara. Patents Quality Coordinator. La entrada Patents – Lexology (GTDT) 2021 se publicó primero en OlarteMoure | Intellectual Property.
Garrigues Blog
JUNE 7, 2021
EU legislation has chosen intellectual property law as the main way of protecting computer programs – an essential asset to increase the competitive edge of both European companies and their products worldwide. Protection is easy to obtain because it is sufficient for the software in question to be original; there is no need to register it and no further formalities are necessary.
Barry Sookman
JUNE 8, 2021
This is my submission to the Consultation on a Modern Copyright Framework for Online Intermediaries. It addresses whether the Copyright Act should be amended to: “Recalibrate the Knowledge Standard for Eligibility” for safe harbors; “Clarify the Permitted Involvement of Qualifying Intermediaries”; create “New Obligations for Qualifying Intermediaries”; “Compel Remuneration Through Collective Licensing”; and “Strengthen Enforcement Tools Aga
IP Tech Blog
JUNE 6, 2021
A recent order from a patent infringement lawsuit in the Northern District of Illinois serves as a good reminder that factual information about attempts to design around a patent are generally discoverable. This case also distinguishes discoverable factual information from privileged opinion and mental impressions of design-around efforts. In addition, the order suggests “exceptional circumstances” that could be established to “obtain facts or opinions” of design-around efforts from a non-testif
IP Blog
JUNE 9, 2021
There are more than a few fascinating stories regarding Intellectual Property in sports, ranging from the origin of basketball to the thousands of patents in golf.
Managing IP
JUNE 9, 2021
Counsel at three semiconductor firms say managing confidentiality and procedural differences between the US and other countries is one of their biggest issues
IP Close Up
JUNE 8, 2021
Streaming may have saved the recording industry from the loss of CD sales, but it has not helped most musicians earn a basic living. Recent Continue reading.
IP Tech Blog
JUNE 11, 2021
In a recent post , we discussed the importance of complying with the US Patent and Trademark Office’s duty of disclosure under Rule 56 of the Rules of Practice. This post focuses on the existence of this duty throughout the entire prosecution of a patent application, in a specialized factual context involving a priority application outside the US. Consider the following fact pattern: Within one year of an inventor’s public disclosure of an invention outside the US, a PCT application is filed.
The TTABlog
JUNE 11, 2021
For some reason that completely escapes me, the Board has re-designated as precedential its February 2021 decision affirming a Section 2(e)(1) mere descriptiveness refusal of the proposed mark ONLINETRADEMARKATTORNEYS.COM for "legal services," Applicant Saucer Summers claimed acquired distinctiveness under Section 2(f) but its submissions were woefully inadequate to satisfy the heightened burden of proof for this highly descriptive mark.
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