Erik K Pelton
JUNE 22, 2021
We are excited to to announce that we are hiring an Associate Attorney in our trademark firm! Details and application information below: Erik M Pelton & Associates – Job Posting Associate Attorney Trademark by Erik Pelton on Scribd. The post We’re hiring! Seeking Associate Attorney, Trademark appeared first on Erik M Pelton & Associates, PLLC.
Copyright Alliance
JUNE 22, 2021
There are many differences between plagiarism and copyright infringement, yet it can be easy to confuse these concepts. While both plagiarism and copyright infringement can be characterized as the improper […]. The post The Difference Between Plagiarism and Copyright Infringement appeared first on Copyright Alliance.
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The IPKat
JUNE 22, 2021
Do platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive ? At what conditions is the hosting safe harbour under Article 14(1) of the Ecommerce Directive available? What may be the requirements for injunctions under Article 8(3) of the InfoSoc Directive? These are some of the questions that the German Federal Court of Justice had referred to the Court of Justice of the European Union (CJEU) in two separate cases, which
Michael Geist
JUNE 22, 2021
The Liberal government strategy of multiple gag orders and a “super motion” to limit debate bore fruit last night as Bill C-10 received House of Commons approval at 1:30 am. The Parliamentary process took hours as the government passed multiple motions to cut short debate, re-inserted amendments that had been previously ruled null and void , and rejected a last-ditch attempt to restore the Section 4.1 safeguards for user generated content.
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
JUNE 24, 2021
One of the key choices at the start of a trademark application process for many is whether to protect a name alone (standard character) or a logo (design mark). Below are some of the key differences to consider when making that choice. For more, see my video Protecting Words vs. Logos when applying for trademark registration. The post Standard character vs design mark trademark applications appeared first on Erik M Pelton & Associates, PLLC.
Copyright Lately
JUNE 20, 2021
The First Circuit rules that the classic 1960 board game “The Game of Life” was created as a work made for hire. Here’s why it matters. If you’ve ever played “The Game of Life,” you know there are lots of important decisions to make on your way to Millionaire Acres. Do you take the career or college path? Do you buy the overpriced home insurance that costs nearly as much as the house itself?
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
JUNE 24, 2021
As reported by The IPKat, earlier this week the Court of Justice of the European Union (CJEU) issued its keenly and long-awaited ruling in YouTube , C-682/18 and Cyando , C-683/18. As announced several weeks ago, on Thursday, 1 July, The IPKat will be joining forces with the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University and the British Literary and Artistic Copyright Association (BLACA) and organising a rapid response panel discussion on the content and implic
Erik K Pelton
JUNE 21, 2021
The following is a transcript of my video Bold Brands Are Like Bees to Pollinate Marketing. As you know, one of my slogans is “Making Trademarks Bloom Since 1999” As a result, I use a lot of plant and flowering—in particular sunflower imagery and terminology—in my marketing, on my website, social media, and incorporate it into other episodes of our videos and podcast in some ways.
Kashishipr
JUNE 23, 2021
What is Big Data? Big data is a relatively new concept that has created a greater conundrum in the realm of Intellectual Property (IP) laws. Big data refers to the large and diverse sets of information that can grow at an ever-increasing rate. Such collection of massive structured, unstructured, and multi-structured data is due to our constant interaction with smart gadgets and technologies like mobile phones, credit cards, televisions, computers, smart watches, etc.
IP.com
JUNE 23, 2021
In order to patent an invention, it must be novel, non-obvious, and useful. A patent examiner determines whether or not an invention fits these criteria with a prior art search. The post The When, How, and Why of Patent Validity Search appeared first on IP.com - IP Innovation and Analytics.
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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.
Copyright Lately
JUNE 24, 2021
The judge rejects a claim that SiriusXM violated the right of publicity by broadcasting old Howard Stern shows featuring “Stuttering John” Melendez’s name, voice and likeness. Quick but important update on a case I first wrote about last December involving “Stuttering John” Melendez , a former Howard Stern show staffer whose schtick consisted of asking ridiculous “gotcha” questions during interviews with celebrities and politicians.
Erik K Pelton
JUNE 23, 2021
Is your brand’s fuel tank full or running on empty? Is your brand protection in the green or possibly in the red zone? Learn more as Erik discussed the Trademark Instrument Panel in this episode. For more about the panel, see [link]. The post The Trademark Instrument Panel appeared first on Erik M Pelton & Associates, PLLC. Is your brand’s fuel tank full or running on empty?
WIPO Magazine
JUNE 24, 2021
An overview of ways smaller businesses can draw on IP rights to protect and manage their IP assets and some of the complex issues that can arise.
The IP Law Blog
JUNE 24, 2021
5-4 Opinion Offers Judicial Workaround by Giving More Oversight to the USPTO Director. In U.S. v. Arthrex , case number 19-1434; Smith & Nephew v. Arthrex , case number 19-1452; and Arthrex v. Smith & Nephew , case number 19-1458, the Supreme Court of the United States recently held that Patent Trial and Appeal Board (PTAB) judges are unconstitutionally appointed.
GDB Firm Blog
JUNE 21, 2021
A Mitchell-Lama Reform Bill sponsored by State Sen. Brian Kavanaugh and Manhattan Assemblywoman Linda Rosenthal has passed both Houses and now heads for Gov. Andrew Cuomo's desk for signature.
Managing IP
JUNE 24, 2021
Ulrike Till, director of the IP and frontiers technologies division, shares what she has learned from listening to WIPO’s conversation on AI and IP
WIPO Magazine
JUNE 24, 2021
Jag Singh, Managing Director, Techstars, Berlin, offers an investor’s perspective on why it is important for startups and SMEs think about IP at the earliest opportunity.
IP Tech Blog
JUNE 21, 2021
On June 21, 2021, in United States v. Arthrex , the United States Supreme Court ruled that Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”) are unconstitutionally appointed because they effectively wield the power of principal officers while being appointed as inferior officers. 594 U.S. _ (2021). The primary question before the Supreme Court was whether APJs, who have the authority to conduct adversarial proceedings and issue decisions regarding the validity of pat
The Illusion of More
JUNE 21, 2021
In my post about Unicolors v. H&M, I tried to summarize a broader scope of issues than that the Supreme Court is likely to weigh in the case. The Court has agreed to resolve a narrow question: whether the Ninth Circuit erred by holding that the lower court was required to seek guidance from the […]. The post U.S. Copyright Formalities: Old Ideas in a Modern Age appeared first on The Illusion of More.
Managing IP
JUNE 23, 2021
Managing IP reveals this year's leading female intellectual property practitioners in private practice
WIPO Magazine
JUNE 24, 2021
President of the International Publishers’ Association, Sheika Bodour bint Sultan Al Qasimi discusses the challenges confronting publishers in the post-COVID era.
Kluwer Copyright Blog
JUNE 21, 2021
Image of conolan on Pixabay. Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. This has caused extensive debates on the national level comparable to the debate that took place when Art. 17 DSM Directive was introduced in 2019.
IP Close Up
JUNE 22, 2021
A video recently shot and edited by University of Colorado, Colorado Springs students asked three timely questions: What do students know about intellectual property rights? Continue reading.
IP and Legal Filings
JUNE 21, 2021
In the United States, the first financial exchange focusing on the IP asset was established in 2014. The main aim was to facilitate the non-exclusive licensing and trading of IP assets. Aiming for structuring the way a company must move to monetize IP assets, this exchange was the brainchild of multiple organizations ranging from some of the world’s top tech companies to universities, banks, and laboratories.
WIPO Magazine
JUNE 24, 2021
Gyula Seb? founder and CEO of Julius K-9®, a leading canine accessories brand, who has dedicated his professional life to pet welfare innovations, explains why it is so important for companies like his to have a carefully crafted IP strategy in place from day one.
Kluwer Copyright Blog
JUNE 24, 2021
An eight-second piece of the song “Fish Sticks n’ Tater Tots” was transformative and reasonably related to the documentary’s purpose of commenting on the resurgence of burlesque dancing. A documentary film’s incorporation of an eight-second excerpt of the children’s song “Fish Sticks n’ Tater Tots” was a noninfringing fair use, the U.S.
IAM Magazine
JUNE 24, 2021
Consolidation of brands under the BBK Electronics banner creates a player with a different patent risk profile.
IP and Legal Filings
JUNE 22, 2021
The research and development associated with the invention must be structured in a way that it should provide maximum output within the specified input. This structure must be developed in all companies whether it is a large company or a small medium-sized enterprise. All such companies can receive multiple submissions which increase their dependency upon structured R&D.
WIPO Magazine
JUNE 24, 2021
For years, video games development has been one of the fastest growing sectors of the entertainment industry, Anna Piechówka, IP Counsel at industry leader, CD PROJEKT RED, takes a closer look at some of the specific challenges that this complex medium presents for IP protection.
Fish & Richardson Trademark & Copyright Thoughts
JUNE 22, 2021
In U.S. v. Arthrex, Inc. (19-1434); Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452); and Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458), a splintered Supreme Court agreed with the Federal Circuit that there is a problem at the United States Patent and Trademark Office (PTO), but disagreed about how to deal with it. Executive Summary. The case centers around the issue of whether Administrative Patent Judges (APJs) are “principal officers.
The Illusion of More
JUNE 25, 2021
Unlike the rest of the developed world, American radio broadcasters are unique in that they pay nothing in performers’ royalties when they play music on their stations. Although this has been true since radio began in the U.S., many Americans are surprised to learn that this is the case and, according to polling, believe it’s […]. The post Has the Moment Finally Arrived for Fairness to Music Performers?
Art Law Journal
JUNE 25, 2021
When you’re not present to talk about your work in person, your artist statement is your spokesperson. Here's how to get your voice to be heard. The post The Ultimate Guide to Writing an Artist Statement appeared first on Art Business Journal.
WIPO Magazine
JUNE 24, 2021
A closer look at how companies can use IP for economic success and social impact and some of the on-going challenges they face in managing their IP assets.
Fish & Richardson Trademark & Copyright Thoughts
JUNE 24, 2021
On Monday, the Supreme Court issued its decision in three related appeals popularly called Arthrex. We previously published an alert with a summary of the different opinions in that decision. This alert focuses more on practical considerations and tips that may arise because of the Arthrex decision. Overview. In Arthrex , the Court found that Administrative Patent Judges (APJs) and the Patent and Trademark Office (PTO) were issuing decisions, such as in inter partes reviews (IPRs), that adjudica
Nelligan Law
JUNE 23, 2021
The post Hiring a lawyer – how does it work? appeared first on Nelligan Law.
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