Hugh Stephens Blog
JULY 19, 2021
From the title of this draft legislation, introduced into the US House of Representatives in late June, you can surmise that something is unfair about music in America.
Erik K Pelton
JULY 19, 2021
Building a portfolio of trademarks begins with one. But many – if not most – businesses have several potential trademarks to put in their portfolio. Logos, slogans, product names, and more may be part of a portfolio. Below is what my trademark portfolio looks like – I like to practice what a I preach. In addition to our main business name and logo, we have protected the name of the blog and newsletter, several slogans, our software product, and more.
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Technology & Marketing Law Blog
JULY 22, 2021
Domen posted videos advocating for sexual orientation change efforts (SOCE). Vimeo terminated his account. Domen sued Vimeo for the termination, alleging that it discriminated against him. The district court dismissed Domen’s complaint. The Second Circuit affirmed , in a precedent-setting opinion relying on Section 230(c)(2)(A). Domen sought a rehearing, and Vimeo didn’t file opposition papers.
The IPKat
JULY 18, 2021
Following the #BrokenRecord and #FixStreaming campaigns, the UK Digital, Culture, Media and Sport Committee launched into an inquiry into the impact of music streaming o n artists, record labels and the sustainability of the wider music industry. [Katposts here.] Over 200 pieces of written evidence were submitted, and further witnesses were called including a rtists, songwriters, producers, labels and streaming platforms.
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?
Patently-O
JULY 23, 2021
by Dennis Crouch. Today’s decision by the Federal Circuit includes an example of thinly sliced bologna, with the court rejecting a PTAB IPR decision because the precise obviousness argument regarding a functional limitation was not expressly stated. The court also does another go-round with the PTAB failing to consider commercial success. . Oren Tech v.
TorrentFreak
JULY 21, 2021
Pirate site blocking was a novelty ten years ago, but today it’s common practice in many countries. This is also true for Greece, where the first domains were targeted in 2018. These blocking requests are managed by the EDPPI, a special commission at the Greek Ministry of Culture and Sports that acts following complaints from rightsholders. The Greek system is different from that of many other countries because it doesn’t involve court oversight.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
JULY 17, 2021
The EPO yesterday announced the Enlarged Board of Appeal (EBA) decision in G1/21 (ViCo oral proceedings). The EPO press release can be read here. In what will be a disappointment to many, the EBA has limited its answer to the legality of mandatory oral proceedings during a period of general emergency. The question of whether new Article 15a of the Rules of Procedure of the Boards of Appeal is permitted under the EPC has therefore not been addressed.
SpicyIP
JULY 23, 2021
Man spraying vegetables with pesticides (Image from here ). Around 15-20% of India’s crop produce every year is lost to factors such as pests and diseases. Pesticides, thus, play an important role in the Indian agriculture sector. While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed.
Patently-O
JULY 22, 2021
by Dennis Crouch. Obviousness is the central doctrine of patent law. It is both the most common reason for rejection and often the most complicated issue because of both factual and legal complexities. The new Chemours Co. decision provides an important addition to obviousness doctrine in two areas: (1) teaching away; and (2) commercial success. The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination.
Technology & Marketing Law Blog
JULY 17, 2021
The plaintiff is deaf. He tried to watch videos on the USA Today website but couldn’t due to the lack of closed captioning. USA Today defended on the grounds that its website isn’t a place of public accommodation. The court treats this as a straightforward case: Neither a newspaper publisher nor a digital media content provider falls within any of the twelve enumerated places of public accommodation categories under the ADA… Plaintiff points to defendants’ offices, video and te
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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.
Erik K Pelton
JULY 20, 2021
Trademark registration can act like fire insurance, smoke detectors, and fire extinguishers to safeguard your brand. In this episode, Erik explains how this insurance works and why it is so valuable. The post Having Trademark Registration is Like Double Insurance for Your Brand appeared first on Erik M Pelton & Associates, PLLC. Trademark registration can act like fire insurance, smoke detectors, and fire extinguishers to safeguard your brand.
IP Close Up
JULY 20, 2021
Many of China’s patents are generated by universities as opposed to businesses. In a socialist republic run by a single party that effectively means they Continue reading.
Patently-O
JULY 19, 2021
by Dennis Crouch. If affirmances by the Patent Trial and Appeal Board (PTAB) are any guide, patent examiners appear to now have a good handle on applying the PTAB eligibility examination guidance. I looked at PTAB patent eligibility decisions from the past month and found that examiner eligibility rejections were affirmed in 92% of cases (55 of 60 decisions).
Technology & Marketing Law Blog
JULY 23, 2021
This is yet another #MAGA lawsuit. The plaintiff claimed that Google deindexed conservatives in a biased way. This particular plaintiff chose perhaps the least likely path to advance that claim, emphasizing RICO claims. As we all know, it’s never civil RICO, so this lawsuit had all of the signature elements of a mockably doomed lawsuit. We have arrived at the inevitable destination.
Likelihood of Confusion
JULY 17, 2021
Originally published on February 21, 2014. In October of 2013 I blogged here about my participation in a panel on “trademark misuse” at the annual meeting of the AIPLA, where, The post Best of 2014: Nothing but err appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JULY 23, 2021
The Tokyo 2020 Olympic Summer Games officially kick-off today. Taking place a year later than scheduled as a result of the pandemic, and amid no small amount of controversy, the Games will look a little different than previous years. What is unlikely to change, however, is the global attention the Games inevitably attracts and the associated draw for brands seeking to increase their exposure to consumers globally.
Patently-O
JULY 21, 2021
by Dennis Crouch. Shure v. ClearOne ( Fed. Cir. 2021 ). I previously mentioned this appellate case and the oral arguments remarks by Chief Judge Moore suggesting that ClearOne file a motion for sanctions against Shure for bringing the appeal. Stinging Oral Arguments from Chief Judge Moore. At the district court, N.D. Ill. Judge Edmond Chang had issued a preliminary injunction prohibiting Shure from certain actions regarding its drop-ceiling microphone product.
Technology & Marketing Law Blog
JULY 20, 2021
Selden sued Airbnb for racial discrimination. Airbnb invoked its arbitration clause. Five years ago, the district court sent the case to arbitration. Selden lost the arbitration because a room in an owner-occupied, single-family residence isn’t a public accommodation (similar to the Roommates.com denouement ). Post-arbitration, he appealed the district court’s arbitration ruling.
TorrentFreak
JULY 23, 2021
The list of websites that are blocked in the UK for facilitating copyright infringement is growing longer and longer. In a new ruling issued this month, the High Court ordered the major ISPs, including Sky, BT, TalkTalk, and Virgin, to block access to over a dozen ‘pirate’ streaming sites. UK Blocklist Expands. The new blocking request was issued following a complaint from the Motion Picture Association Europe ( MPA ), which acts on behalf of Netflix and several major Hollywood movie
IPilogue
JULY 23, 2021
Photo Credits: C D-X ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . While certain sectors of the entertainment industry, especially those involving live events, were hit hard by COVID-19, podcasting has survived (and thrived) amidst the pandemic. As lockdown measures increased and walks around the block became the most exciting part of my day, I too hopped on the podcast bandwagon.
Kashishipr
JULY 21, 2021
It is estimated that there are about 20 million e-commerce stores selling products on the internet globally today and generating more than one trillion USD in revenue. The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., with electronics, fashion, books, and tickets being the top categories for e-commerce.
SpicyIP
JULY 19, 2021
Topical Highlight. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified fi
IP.com
JULY 18, 2021
Acclaimed filmmaker Martin Scorsese noted in a Harper’s Magazine essay earlier this year that “the art of cinema is being systematically devalued, sidelined, demeaned, and reduced to its lowest common. The post Art or IP? What Amazon’s Acquisition of MGM Teaches Us appeared first on IP.com - IP Innovation and Analytics.
IPilogue
JULY 21, 2021
Photo Credits: Lavi Perchik (Unsplash). Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . In 2008, three former Motorola Solutions employees, Samuel Chia, Y.T. Kok, and G.S Kok, accessed more than 7,000 Motorola documents prior to joining Chinese rival company, Hytera Communications Corporation Limited (“Hytera Corp.”).
JD Supra Law
JULY 20, 2021
The United States Patent and Trademark Office issued important guidance in the Federal Register on July 1, 2021 regarding ties between the duty of disclosure and enablement. When applying for a patent, an applicant must disclose the invention with sufficient detail to enable one of ordinary skill in the art to be able to make and use the invention without undue experimentation.
The IP Law Blog
JULY 22, 2021
Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.
The Illusion of More
JULY 18, 2021
In this episode, I talk with Professor Mtima about how and why he and his colleagues approach IP from a social justice perspective. “Lateef Mtima is a Professor of Law at the Howard University School of Law. After graduating with honors from Amherst College, Professor Mtima received his J.D. degree from Harvard Law School, where […]. The post Podcast – IP & Social Justice with Professor Lateef Mtima appeared first on The Illusion of More.
IPilogue
JULY 19, 2021
IP Osgoode would like to congratulate the winners of the Gowling WLG Best Blog in IP Law and Technology Prize for 2020-2021. Four prizes in total are awarded each year to Osgoode students and the winning blog posts are featured in the IPilogue. Recipients also receive a $500 award, are announced at Convocation and receive a permanent notation on their official Osgoode transcript.
The Trichordist
JULY 18, 2021
[This is a letter from Austin Congressman Lloyd Doggett (D-TX) to the Librarian of Congress (who appoints and can sack the Copyright Royalty Judges) and the head of the Copyright Office about procedures in the Copyright Royalty Board’s proceeding on frozen mechanicals. Download the original letter here.] Dr.
JD Supra Law
JULY 23, 2021
Cephalopods are fascinating creatures, and their primary living representative -- the octopus -- has recently been the subject of the Academy Award winning documentary "My Octopus Teacher." They are clearly intelligent (as set forth in Peter Godfrey-Smith's Other Minds: The Octopus, the Sea, and the Deep Origins of Consciousness), but it is an intelligence so different from human intelligence that it was an inspiration for the alien first-contact film, Arrival.
Kluwer Copyright Blog
JULY 20, 2021
Image by Gerd Altmann from Pixabay. In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads. If followed by the Court of Justice of the European Union (CJEU), the Opinion will be the key to providing a reasonable model to implement and apply this highly contes
TorrentFreak
JULY 20, 2021
Over the past several years, Russia has introduced various anti-piracy laws and regulations that focus on the role of online intermediaries. App stores are required to take strict action against ‘pirate’ apps, search engines must swiftly block pirate sites, and even VPN services and proxies can be banned. Russia started cracking down on VPNs and anonymizers in 2017 , banning services that allow users to access pirate sites.
Copyright Lately
JULY 19, 2021
As a new case involving Dwight Yoakam illustrates, serving a copyright termination notice is fraught with potential pitfalls, and mistakes come easy and often. Can the “harmless error” doctrine save the day? For a copyright lawyer, there are few things as nerve-racking as preparing a copyright termination notice. (Although having to constantly explain that there’s no such thing as a “five second rule” is right up there.
Nelligan Law
JULY 23, 2021
Since at least 1983, Ontario family courts have encouraged and upheld out-of-court processes wherever possible. Finally, in 2021, the federal Divorce Act and the Ontario Children’s Law Reform Act were amended to encourage separating couples to try alternative dispute resolution before they start a court action. Mediation is one of the dispute-resolution techniques that they.
Velocity of Content
JULY 22, 2021
Part 2: Group Registration. In my first post , after touching on the need/wisdom of copyright registration for bloggers (and other creators whose distribution is primarily through social media sites), I went on to discuss the DMCA and how it is a useful first-line-of-defense bit of IP protection for content first appearing on such sites. In this post, I want to get back to the registration topic itself, this time in greater detail.
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