Erik K Pelton
APRIL 26, 2021
It is not easy to come up with a great new brand name, one that is bold, unique and protectable. Here are some tips: Begin with suffixes, prefixes, root words, and the message to convey to consumers. Use these parts to brainstorm possible combinations and ideas. Check for domain name availability if that is important for your business. Do a preliminary search of major search engines and USPTO TESS database.
Intellectual Property Brief
APRIL 24, 2021
The District Court of the Southern District of Illinois rejected Take-Two Interactive’s Motion for Summary Judgement and the defenses of implied license, fair use, and de minimis use in the company’s battle against Randy Orton’s former tattoo artist.
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43(B)log
APRIL 28, 2021
I've recently seen two examples of the following phenomenon: off of Amazon, an advertiser uses images of its product with another well-known product, and they do go together, but on Amazon, the advertising is different. Anyone know if there's an Amazon policy driving this? For those circuits that require the advertiser to have a good reason to refer to the trademark owner in order to justify nominative fair use, the Amazon ads would seem to show it's possible to advertise without using the other
The IP Law Blog
APRIL 30, 2021
If you pay much attention to sneakers, you might know that the agreement between Nike and the Bryant Estate for Nike’s line of Kobe sneakers recently expired. Although Kobe started his career with Adidas, he changed to Nike in 2003, and he stayed there for the rest of his life. Many people expected the estate to reach a deal with Nike to continue the partnership, but the deal has officially expired without any sort of agreement being reached.
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
APRIL 28, 2021
Just like a vaccine strengthening and boosting your immune system, so does protecting your brand by registering it in the USPTO database. What else can you do to boost your brand protection in this age of the pandemic and beyond? In this episode, Erik injects his insights on how to get better trademark protection. The post Vaccinate Your Brand with Trademark Registration appeared first on Erik M Pelton & Associates, PLLC.
Copyright Lately
APRIL 30, 2021
Nirvana has been sued for using an illustration from a 1949 translation of Dante’s “Inferno” on band merchandise. Here’s why determining the copyright status of old foreign works can be a hellish undertaking. Move over smiley face. Welcome to the Seventh Circle of Hell. Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infri
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Intellectual Property Office Blog
APRIL 30, 2021
This week we're focusing on small to medium sized enterprises (SMEs). Every business starts with an idea, and every business owns or uses intellectual property (IP). Your IP can include your web site, business name or logo. IP assets can also include innovative technology, know how, designs and secret recipes. Here are Ten Top IP Tips for helping SMEs identify and make the most of the intellectual property assets they own.
Intellectual Property Brief
APRIL 26, 2021
Numerous controversies surrounding medical equipment suppliers and manufacturers have arisen throughout the COVID-19 pandemic. Now, 3M, the maker of the N-95 mask, is seeking to.
IP.com
APRIL 29, 2021
Innovative continuous improvement can help companies get (and stay) ahead of the competition. Continuously improving processes and systems reduces errors and waste while increasing productivity. At first, improvements may be focused on minimizing or eliminating major issues within your processes and systems. After these problems are solved, what comes next?
Art Law Journal
APRIL 29, 2021
Art licensing today is a lucrative industry and a great way to supplement your art income. Find out how to approach buyers that may want to license your art or whether it is better for you to just hire a licensing agent to do it for you. The post How to License Your Art Successfully appeared first on Art Business Journal.
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.
Intellectual Property Office Blog
APRIL 27, 2021
Today, the Intellectual Property Office (IPO) has launched its five-year One IPO Transformation - a five-year pro gramme that will transform Intellectual Property (IP) services and enhance the value that the IPO adds to the UK economy. To mark the occasion, Debbie Cooke, Head of the IPO’s Business Change Team, outlines how developing a world leading IP system can make the UK a more attractive place to invest and drive economic growth.
Garrigues Blog
APRIL 27, 2021
Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. Under the nomenclature ‘industrial designs’ , designs were considered industrial property rights in their own right under the Paris Convention for the Protection of Industrial Property (PCPIP) of March 20, 1883, which laid down the ‘ de minimis principles’ applicable to our current legislative systems.
BYU Copyright Blog
APRIL 26, 2021
On April 12, 2021, MMAS Research LLC ("MMAS") and Dr. Donald E. Morisky ("Morisky") (MMAS and Morisky jointly "Plaintiffs") filed suit against the University of Massachusetts and various researchers who have conducted medical research studies at the university (collectively "Defendants"). The Plaintiffs' Complaint alleges that the Defendants violated the Plaintiff's copyright in a medical diagnostic tool called the Morisky Medication Adherence Scale (the "Scale").
Art Law Journal
APRIL 29, 2021
Steve Schlackman. Art licensing today is a lucrative industry and a great way to supplement your art income. Find out how to approach buyers that may want to license your art or whether it is better for you to just hire a licensing agent to do it for you.
JIPEL Copyright Blog
APRIL 26, 2021
“Girl you are not going to enjoy your time here,” read a particularly prophetic comment on Danielle Bernstein’s very first Tik Tok video, published in late February. Just a few days later, she would disable commenting on her profile altogether due to an influx of negative comments on her posts. How does an influencer and fashion designer become so despised?
Intellectual Property Brief
APRIL 26, 2021
The increasing number of dog-related trademark claims raises an interesting question of brand collaboration. In the face of senseless litigation, brands should consider working with.
Managing IP
APRIL 30, 2021
Senior counsel at BMS, HPE, Volvo, Veritas and PAX Labs say IP attorneys should endeavour to become jacks of all trades to help them climb the corporate ladder
Art Law Journal
APRIL 27, 2021
Your best ideas are only as good as how well you can sell them, and mastering the art of the pitch presentation takes time, research, and devotion. The post How to Hit a Home Run with Your Pitch Presentation appeared first on Art Business Journal.
Delaware Intellectual Property Litigation Blog
APRIL 30, 2021
By Standing Order entered on April 30, 2021, the Honorable Colm F. Connolly, of the United States District Court for the District of Delaware, rolled out the new summary judgment motion practice in all patent cases assigned to him. Essentially, Judge Connolly is now requiring parties to number the motions for summary judgment that they file with the Court.
JIPEL Copyright Blog
APRIL 28, 2021
Since the past year in quarantine has given most folks considerably more free time on their hands to explore old hobbies and interests, fanfiction has notably been on the rise. In fact, at the very start of lockdown in March and April 2020, Archive of Our Own (AO3), a very popular fanfiction site, found that their weekly site visits had gone up 60% from the same time the previous year.
Managing IP
APRIL 26, 2021
Attorneys from Canopy Growth, Cresco Labs, Aurora and elsewhere say there’s more IP certainty in the cannabis industry now but still challenges to hash out
Fish & Richardson Trademark & Copyright Thoughts
APRIL 30, 2021
Fish & Richardson obtained a settlement and license agreement for Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products, in a patent infringement lawsuit against Magicfly LLC. In October 2020, Skull Shaver filed suit against eleven entities, including Magicfly, before the United States International Trade Commission in Washington, DC and the United States District Court for the Western District of Texas for infringemen
GDB Firm Blog
APRIL 30, 2021
An upstate court holds that the time to renew a mechanic's lien, which otherwise lapses after a year, can be extended by 228 days when tolled by Governor Cuomo's Executive Orders.
JIPEL Copyright Blog
APRIL 30, 2021
With the COVID-19 pandemic, the business of the video gaming industry has grown more than ever. The global videogame revenue was expected to surge 20% to $179.7 billion in 2020, which was bigger than the global movie and North American sports industries combined. The massive increase was due to the change in lifestyles in the pandemic leading to an increasing number of people longing for indoor games.
Managing IP
APRIL 28, 2021
Mary Rasenberger talks about her work protecting authors’ rights, the CASE Act, and why we shouldn’t expect the next Great American Novel to come from AI
Fish & Richardson Trademark & Copyright Thoughts
APRIL 30, 2021
This post reviews two April 2021 opinions from the Eastern District of Texas deciding post-trial motions. The first case involves the denial of enhanced damages by the Honorable Amos L. Mazzant, III. In the second case, the Honorable J. Rodney Gilstrap denied the defendants’ motions to enter judgment as a matter of law of no induced infringement and to alter the court’s findings of no inequitable conduct.
Bio Law Blog
APRIL 29, 2021
On May 19, 2021, Kramer Levin will present a webinar titled “IPRs in 2021 — Key Strategies in a Changed Environment.” Over the past year, inter partes review (IPR) proceedings have been fundamentally transformed and integrated into the broader framework for resolving patent disputes in the United States. We will cover the following areas where change has been the greatest: Serial patent challenges and multiple petitions.
43(B)log
APRIL 30, 2021
With Christine Farley and Pam Samuelson : our brief addresses the effect of Google v. Oracle, which the Second Circuit has explicitly asked for more briefing about. I would expect other amicus interest, including on Goldsmith's side, given the stakes of whether Gv.O is a software case or a fair use case at heart. [link].
Managing IP
APRIL 29, 2021
With the CJEU signalling the end of reverse payment settlements, sources advise how pharma can avoid making contracts that conflict with competition law
Above the Fold
APRIL 30, 2021
Every day we are inundated with countless advertisements. TV ads, radio ads, internet ads, billboard ads. But have you stopped to think, what exactly qualifies as an advertisement? Luckily for us, the National Advertising Division (“NAD”) recently issued a decision that sheds some light on exactly how broad agencies monitoring the advertising industry view “advertising.”.
CoCal IP Law Institute
APRIL 27, 2021
Our weekly SoCal IP Institute meeting on Monday, May 3, 2021 will be a discussion of a Federal Circuit case finding quantum entanglement subject matter ineligible for patent and a TTAB opposition surviving a Rule 12(b)(6) motion to dismiss: In In re: Huping Hu, Maoxin Wu (Fed. Cir. March 17, 2021) (available here), Applicant claimed [.].
Fish & Richardson Trademark & Copyright Thoughts
APRIL 26, 2021
For World IP Day, Fish Principal and chair of Fish’s Diversity & Inclusion Initiative , Ahmed Davis , authored the article “Celebrating Black Inventors on World IP Day” for the National Law Journal, which celebrates the contributions of Black inventors who all too often get overlooked. Click here to read the full article PDF: “ Celebrating Black Inventors on World IP Day ” As World IP Day 2021 approaches, we should celebrate the incredible achievements of the wo
Managing IP
APRIL 26, 2021
Counsel from Kraft Heinz, Nestlé and Ziff Davis say distinctive graphics and strong clearance searches can help firms enforce marks such as 'Vagisil'
The Art Law Blog
APRIL 26, 2021
Jeanne Fromer's reaction to the recent Warhol fair use decision was that (to put the matter mildly) "fair use in art has become a bit messy in the Second Circuit with each panel pointing in a somewhat different direction" and to "hope the Second Circuit uses one of its rare en bancs to revisit this decision." The Warhol Foundation has now petitioned for rehearing , and rehearing en banc, which you can read here.
Clancco
APRIL 26, 2021
I.e.- for the entire 2nd Circuit to reconsider their fair use argument. Question: why not just give an Andy Warhol Foundation grant to Goldsmith and call it a day? ;o).
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