Erik K Pelton
JULY 6, 2021
The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. As I record this episode, I’m in between my first and second dose of getting the Pfizer vaccine. I actually heard a friend of mine yesterday refer to it as half-cinated. It’s a hybrid of half-vaccinated. I thought that was interesting new terminology.
Plagiarism Today
JULY 8, 2021
In late June, GitHub, a popular code development tool owned by Microsoft, announced the launch of a new AI tool , Copilot , that it says can help users create new code. On the surface, Copilot seems like a very impressive tool. Users coding in GitHub can be presented blocks of code to solve specific problems that they are trying to solve. The AI looks at the code the programmer is writing, determines what that person is trying to do, and then suggests code to meet that goal.
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Likelihood of Confusion
JULY 9, 2021
As it says in the tweet-within-a-tweet above, today the New York State Supreme Court dismissed all claims against our client, Logan Cook. He’s “Carpe Donktum,” and this is the infamous. The post Why can’t we all just meme along? appeared first on LIKELIHOOD OF CONFUSION™.
The IPKat
JULY 3, 2021
In an unexpected mix of geopolitics and IP, Russian president Vladimir Putin has signed amendments to the Federal Law ‘On State Regulation of Production and Turnover of Alcoholic Products’. The amendments significantly affect the interests of Champagne and Cognac producers importing their products to Russia. The new Law addresses two categories of products: a broader ‘sparkling wine’ for imported drinks on one side, and ‘Russian champagne’ (that is, made in Russia only), on the other.
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
JULY 5, 2021
The huge influx of US trademark application filings from China may be a form of economic terrorism , intended to create delays and chaos in our system. There is no question that the USPTO has huge backlog right now affecting every aspect of trademark filings, and no question that a large influx from China has contributed significantly to the situation.
Patently-O
JULY 6, 2021
by Dennis Crouch. VoIP-Pal.com, Inc. v. Apple, Inc. , No. 20-1809 (Supreme Court 2021). VoIP-Pal sued Apple for infringing its U.S. Patent Nos. 9,537,762; 9,813,330; 9,826,002; and 9,948,549. Apple filed four petitions for for inter partes review, but all four were denied by the PTAB. Judge Koh then dismissed the infringement case in Apple’s favor–finding that all asserted claims were directed to ineligible subject matter.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
JULY 4, 2021
This Kat is laser-focused With a new month comes another opportunity to look back on last week on The IPKat. Copyright The YouTube/Cyando ruling of the CJEU featured last week, with PermaKat Eleonora Rosati analysing the Court's reasoning in relation to a number of questions asked by the referring court, including whether platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive, under which conditions the hosting safe har
Erik K Pelton
JULY 9, 2021
Decision tree: Is This a Trademark Scam? If you receive mail that looks like it is about a trademark application or trademark registration, it could be a scam. There are lots of scams – publications that are worthless, renewal services with erroneous deadlines, and more – that prey on trademark filers. If you have an attorney working on your trademark matters, you should contact them immediately to review any potential scam mail.
Patently-O
JULY 8, 2021
by Dennis Crouch. Timberland has been selling its iconic boots back in 1973 – almost 50 years ago. Actually, at the time the company name was Abington Shoes, but quickly changed its name to Timberland Boot because of the popularity. Timberland did not patent or register a copyright the design, and the market it rife with copycat boots. Over the past several years, Timberland has been attempting to register the shape of the boots as protectable trade dress.
SpicyIP
JULY 7, 2021
Eli Lilly’s Logo (image from here ). A recent report by The Print revealed that Indian drugmaker Bajaj Healthcare (‘BH’) has applied to the Patent Office for a compulsory license to manufacture Eli Lilly’s Baricitinib. At the moment, the application itself or any response from Eli Lilly to its filing is unavailable, but the report provides details of the circumstances surrounding it.
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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.
IPilogue
JULY 8, 2021
Photo Credits: freestocks.org ( Pexels). Tugce Kucukali is an IPilogue Writer and incoming LL.M. Candidate at University of British Columbia. . On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive.
Erik K Pelton
JULY 7, 2021
Like the incredible amount of flowers that blossom every spring, there is a tremendous variety of trademarks. In this episode, Erik makes a strong analogy between flowers and the intersecting world of trademarks. The post Trademarks: A stunning Variety appeared first on Erik M Pelton & Associates, PLLC. Like the incredible amount of flowers that blossom every spring, there is a tremendous variety of trademarks.
Patently-O
JULY 8, 2021
DataCloud Techs v. SquareSpace (D.Del. 2021). Eligibility and indefiniteness are both judged primarily as questions of law, although both can occasionally depend upon some underlying factual finding. And, even when questions of fact are at issue, it is a judge (rather than a jury) that hears the evidence and determines the facts. In recent years, eligibility determinations have moved forward in the litigation context and become a true “threshold test.” See Bilski v.
SpicyIP
JULY 9, 2021
We’re pleased to bring to you a guest post by Pragya Jain. Pragya is a 4th year B.A. L.L.B.(Hons.) student at Amity University (School of Law), Kolkata. Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry. Pragya Jain. An image of an injection filled syringe, two capsules and three tablets (image from here ). The coronavirus outbreak and subsequent shutdown wreaked havoc on all major sectors of the economy, yet it turned out to be a blessing in disguise for India’
Trading Secrets
JULY 8, 2021
The Biden Administration plans to issue an executive order calling on the Federal Trade Commission (FTC) to adopt rules to limit the use of noncompete clauses in employment agreements. According to Axios , White House Press Secretary Jen Psaki told reporters that “roughly half of private sector businesses require at least some employees to enter noncompete agreements, affecting over 30 million people.
Kashishipr
JULY 7, 2021
When we talk about safeguarding some specific piece of information that adds to the commercial value of the goods, two obvious options come to our minds. The first is trade secrets, and the second is patents. The choice between the two options widely depends on the type of enterprise, the nature of operations undertaken by such an enterprise, and the value of the subject matter to be protected.
IP.com
JULY 7, 2021
Live Webinar: The New Engineer in the Room: AI-Powered Workflow for Brainstorming & Problem Solving July 14, 2021 2:00 pm EDT Learn More IP.com and Engineering.com are joining forces to. The post Join IP.com and Engineering.com Live! appeared first on IP.com - IP Innovation and Analytics.
SpicyIP
JULY 7, 2021
Image from here. In a welcome move yesterday, the Delhi High Court issued a press release stating that it will create an Intellectual Property Division (hereinafter IPD) in the Delhi High Court. According to today’s roster sheet , the judges that have been nominated for IPD are Justice Suresh Kumar Kait, Justice Jayant Nath, Justice Anu Malhotra, Justice C.
IP Close Up
JULY 6, 2021
More global blockchain patents have been published and are preparing to issue in transactions and e-commerce than have been issued over the past several years. Continue reading.
Legal Zoom
JULY 9, 2021
Products ("goods") and services are organized by the U.S. Patent and Trademark Office (USPTO) according to specific categories, or "classes." If you wish to use a trademark to cover more than a single product or service, and those products or services fall into more than a single class (for example, motorcycles and clothing) additional fees are required for each additional class.
JD Supra Law
JULY 9, 2021
In a split decision, the United States Supreme Court ruled on June 21, 2021, in United States v. Arthrex, that administrative patent judges (APJs) are not constitutionally permitted to wield “unreviewable authority” during inter partes review (IPR) proceedings.
SpicyIP
JULY 9, 2021
We’re pleased to inform you that The Journal of the Patent and Trademark Office Society is inviting submissions for Volume 102 of the journal. For further deatils, please see the announcement below: Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol. 102). Logo of Patent & Trademark Office Society. The Journal of the Patent and Trademark Office Society (‘JPTOS’), America’s premiere intellectual property law journal for over one hundred y
Likelihood of Confusion
JULY 9, 2021
In the IP business, when you hear the word “counterfeiting,” you think — you know, fake Louis Vuitton handbags, Rolex “replicas,” that sort of thing. Well that’s counterfeiting, yeah. But. The post No, really — counterfeiting appeared first on LIKELIHOOD OF CONFUSION™.
Stock Legal Blog
JULY 6, 2021
By now, we all know the Covid-19 pandemic raised many challenges for both employees and employers. Many employers struggled keeping their employees on the payroll amid government ordered shutdowns. Those that were able to hang on to their employees during these tough times are eligible for tax credits. The Employee Retention Credit was rolled out as part of the CARES Act in 2020 and has since been updated and extended through the rest of 2021.
JD Supra Law
JULY 9, 2021
After an initial denial, the PTAB recently granted Unified Patents’ motions for entry of protective order and for seal in Unified Patents, LLC v. Electronics and Telecommunications Research Institute, IPR2020-01048, Paper 33 (PTAB May 29, 2021) because the motions adequately persuaded the PTAB about the nature of the….
SpicyIP
JULY 8, 2021
We’re pleased to inform you that the DPIIT IPR Chair at Gujarat National Law University (GNLU), Gandhinagar is inviting applications from law students for an online internship. For further details, please see the announcement below: DPIIT- IPR Chair | Gujarat National Law University . Call for Internship. Logo of the Gujarat Law National University (GNLU), Gandhinagar.
LexBlog IP
JULY 6, 2021
By: Haodi Dong. Recently, a growing number of companies are choosing to go public by merging with Special Purpose Acquisition Companies (“SPACs”) instead of going through a traditional Initial Public Offerings (“IPOs”). This post discusses current SPAC regulations and explores why investors should think carefully before investing in SPACs.
IP and Legal Filings
JULY 5, 2021
With one of the most important forms of business organization, the partnership is the most sought by young entrepreneurs. This form of business generally takes two or more person who comes together for the business based on certain agreement. That agreement tells the working nature of the partners and the agreed profit ratio between them. The business includes a variety of services in terms of trade, occupation, and profession.
JD Supra Law
JULY 8, 2021
It was my first day as President and Counsel of Hershey Chocolate & Confectionery Corporation. Armed with a shiny new corporate credit card, I strolled into a cannabis dispensary and prepared to buy some marijuana. No, I wasn’t stressed about my new job; I was on the hunt for cannabis infused candy knocking off Hershey’s iconic brands. On my first stop, I found exactly what I was looking for, a chocolate bar that had the identical shape and 3x4 grid configuration of the classic HERSHEY’S bar
SpicyIP
JULY 5, 2021
Topical Highlight. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration.
Fish & Richardson Trademark & Copyright Thoughts
JULY 9, 2021
Southern California Principal Megan Chacon and Associate Crystal Culhane, Ph.D. , were recognized as 2021 Women of Influence in Law by the San Diego Business Journal. The list honors the top women attorneys in the San Diego area who have made an impact for their clients, their profession, and their community. Megan Chacon focuses her practice on complex patent litigation across a wide range of technologies.
The TTABlog
JULY 6, 2021
Section 14(3) cases are as rare as a White Sox fan in Boston. Not since the FLANAX case ( Bayer v. Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products.
JD Supra Law
JULY 7, 2021
The Supreme Court has granted a petition for writ of certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. to determine whether invalidation of copyright registrations under Section 411(b) of the Copyright Act has an intent-to-defraud the Copyright Office requirement. A valid copyright registration is a prerequisite to bringing an infringement suit in federal court.
SpicyIP
JULY 9, 2021
Image from here. Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. (CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s social media platforms – Facebook and Instagram.
IP.com
JULY 5, 2021
In order for an inventor to file for patent protection, their invention must be carefully documented. This is true whether the inventor is working alone or is part of a. The post Addressing the Challenges of Documentation appeared first on IP.com - IP Innovation and Analytics.
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