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The proper trademark symbol is generally use on the right shoulder of the word or logo. See image below to see where it is placed on the sample BRAND logo design. The same applies in text — so I would show that BRAND is registered like this: BRAND ®. For more about which symbol you should be using, see here. The post Where to place your trademark symbol – TM, SM, or R appeared first on Erik M Pelton & Associates, PLLC.
Next week, sections of the American Law Institute’s (ALI) Copyright Restatement will be offered for approval for the first time at the ALI’s annual membership meeting. If approved by the […]. The post The American Law Institute Proceeds with its Misstatement of Copyright Project appeared first on Copyright Alliance.
Eduardo Kleinberg and Santiago Zubikarai of Basham Ringe y Correa explain how to prepare for when the Mexican Institute of Industrial Property decides damages in IP cases
On May 19, two California photographers filed a class action suit alleging that Instagram is liable for inducement of copyright infringement, contributory copyright infringement, and vicarious copyright infringement due to the platform’s implementation and promotion of its “embed” function. The complaint begins: “This case is about Instagram’s scheme to generate substantial revenue for its parent, […].
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?
The following is an excerpt from my video 5 Trademark Lessons from a Year of Pandemic and Quarantine. In some ways, it’s hard to believe that it’s been more than a year of living in times of the coronavirus pandemic and being quarantined; and of course in some ways it feels like it’s been a very long time and much longer than a year.
Earlier this year, New York state legislators introduced a bill (S2890, and its companion A5837-B) which would purport to create a compulsory license, requiring book publishers to offer licenses to […]. The post Preempted Copyright Legislation on the Move in Several States appeared first on Copyright Alliance.
The economic toll of the COVID-19 crisis has not been trivial to any country. There are, however, countries that have received a stronger financial impact than others. For this reason, expecting market forces to swiftly stabilize the (now severed) economic flow that capitalism enables is probably wishful thinking. Now, more than ever, we must consider the relevant role that competition authorities and competition policy can play in a vigorous economic bounce-back, both through competition enforc
In this episode, Erik explains the value of a brand style guide, and provides examples of the key elements in a style guide to help ensure that a brand is used harmoniously by employees, contractors, and more. The post What is a Brand Style Guide? appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik explains the value of a brand style guide, and provides examples of the key elements in a style guide to help ensure that a brand is used harmoniously by employees, contracto
Those in the print industry have been eager to adopt quick response codes over the past few years. The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. A QR (shorthand for ‘Quick Response’) code is a machine-readable matrix barcode.
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.
On June 7 and 8, the membership of the American Law Institute will vote on several sections of the Restatement of Copyright, covering a range of topics, including categories of works, scope of protection, ownership, and transfers of rights. Restatements of Law are the primary work product of the ALI, and the century-old institution has […]. The post ALI Proceeds Toward Vote on Restatement of Copyright, Critics Ignored appeared first on The Illusion of More.
What is a trademark audit? A trademark audit is a USPTO program to check random trademark registrations to see if the registered trademark is still in use. Known as the Post Registration Audit Program , the goal of the USPTO is to bolster the accuracy and reliability of its trademark register. Audits give the USPTO a way to cancel registrations for trademarks no longer in use with the exception of marks with excusable nonuse.
We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram. In that case, the court held that Instagram’s terms of use (which were accepted by the plaintiff, a photographer, when he created an Instagram account) were insufficiently clear to allow Mashable to escape liability for publishing Instagram content through the process of embedding.
By Memorandum Opinion entered by the Honorable Richard G. Andrews in Peleton Interactive, Inc. v. ICON Health & Fitness, Inc. , Civil Action No. 20-662-RGA (D.Del. May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. In doing so, among other things, the Court concluded that Peleton’s statements describing itself in its advertisements as an “innovator” and “hardcore technology company” are non-actionable puffery u
Are research tools protected from patent infringement under the Hatch-Waxman safe harbor, section 271(e)(1)? [1] While different courts have reached different conclusions on this question, [2] one recent district court decision answered it with a resounding “No.” [3]. Statutory Background. The safe harbor was enacted to overrule Roche Prods., Inc. v.
On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. See Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20-915. In 2008, Congress amended the Copyright Act to acknowledge the validity of copyright registrations that were based on applications with ministerial, nonmaterial errors.
Help Us Find the Next National Medal of Technology and Innovation Laureates. June 2, 2021. KCPullen@doc.gov. Wed, 06/02/2021 - 13:42. Intellectual property. National Medal of Technology and Innovation (Photo by Jay Premack/USPTO). Blog post by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the U.S.
It can make you want to tear your hair out if your patent gets rejected, but that won’t help you achieve your dreams. What can help is appealing the USPTO’s decision, and this article is about how you can do that. Reasons For Appeals. Before you embark on the appeals process, you will want to know if your appeal is worth making. Your first step should be reading the rejection form.
It’s the first anniversary of the Garrigues IP Blog. An orbit around the sun full of new developments, trends and reflections on intellectual property, with the analysis of our professional experts on the subject. During this period we have been able to count on the unwavering support of our readers and subscribers to our date every Tuesday – which we have never missed – with over 25,000 visits.
Sale of a digital limited edition associated with the development of a Nobel Prize recognized cancer-fighting invention, a precursor to the patent, may provide businesses, Continue reading.
Sources from Continental and the telecoms industry disagree on whether Nokia and Daimler’s patent settlement will put an end to the automotive FRAND wars
Patent infringement encompasses unauthorized making, use, sale, or offering for sale any patented invention within the United States jurisdiction. As a result of this infringement, a patentee whose patent is infringed may file a lawsuit seeking appropriate relief from the federal court. That being said, here’s what you need to know about patent infringement.
One advantage of filing a patent infringement complaint at the U.S. International Trade Commission (“ITC”) instead of in U.S. District Court is that a Complainant does not need to use the Hague Service Convention process or other treaty to serve the complaint on foreign entities. As explained here, recent ITC decisions expand the methods through which service can be effected to include service via a Respondent’s Amazon.com seller profile page contact links.
S tephen Hayes & Kali Schellenberg, Discrimination is "Unfair": Interpreting UDA(A)P to Prohibit Discrimination [link] This Article explores a theory that discrimination is a type of “unfair” practice covered by federal and state laws prohibiting unfair, deceptive (and sometimes abusive) acts and practices (“UDA(A)Ps”). An “unfair” practice is defined by statute as something “(1) likely to cause substantial injury to consumers; (2) which is not reasonably avoidable; and (3) that is not outwe
Generics and innovators explain the possible ramifications of the European Commission’s investigation into Teva’s divisional filing practices for Copaxone
Tattoo Copyright Infringement and Post-Brexit Trademark Considerations For our weekly SoCal IP Institute meeting on Monday, June 7, 2021, Chris Kopitzke will lead a discussion of the legal issues arising from unauthorized copying of a photograph for a tattoo and will highlight selected trademark responsibilities resulting from Brexit. What happens when a celebrity tattoo [.].
What does “obvious” mean in patent language? The everyday colloquial use of the term “obvious” is so simple that it can be hard to define. Both dictionary.com and Merriam-Webster share a common definition of easily seen or understood. You can say that obviousness refers to something that is evident or recognizable. In the patent world, “obvious” has a particular meaning that is, frankly speaking, not so obvious.
Computer and Internet Weekly Updates for 2021-05-22 [link] 2021-05-23. Minding the FLoCs: Google’s Marketing Moves, AI, Privacy and the Data Commons – Centre for International Governance… [link] 2021-05-25. What Can Canadian Law Makers Draw from the New UK Online Safety Bill? – Centre for International Governance Innovat… [link] 2021-05-25.
Today, companies are increasingly placing a huge amount of enterprise value on Intellectual Property (IP). In a few instances, the value attributed to IP assets by companies is greater than the entire net worth of the corporation itself. In the modern world, things such as overseas inter-company transactions of IP, franchising models, licensing, mergers, and acquisitions, etc., have attracted taxation on IP as a global issue.
Nominations Open for 2021 National Minority Enterprise Development Week Awards. June 2, 2021. KCPullen@doc.gov. Wed, 06/02/2021 - 10:30. Minority business growth. 2021 Call for Nominations for Minority Enterprise Development Week Awards is Now Open. The U.S. Department of Commerce, Minority Business Development Agency (MBDA) is currently accepting nominations for their 2021 National Minority Enterprise Development (MED) Week Awards.
As the Court of Justice of the EU prepares to battle the question of platform liability yet again, brands ask whether alternative dispute resolution measures could ease their troubles
In a unanimous decision, on May 26 Canada’s Federal Court of Appeal (FCA) dismissed the appeal by internet service provider (ISP), Teksavvy, against Canada’s first site blocking order for copyright infringement issued in November 2019.
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