Sat.Mar 13, 2021 - Fri.Mar 19, 2021

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TPAC slides from meeting March 12, 2021

Erik K Pelton

TPAC met last Friday. I was waiting for the USPTO to post the full slide deck, but that hasn’t happened yet and I wanted to share these very important data points and slides. See some of the most important slides that I captured below. TLDR: All of the following are rising considerably : Applications, revenues, examination pendency, USPTO employment, scams and bad faith actors.

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“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite

Intellectual Property Law Blog

On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. v. Oki Data Americas, Inc. , No. 20-1189 (Fed. Cir. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention.

Patent 100
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App icons are the new trademarks: ten conditions for strong designs and protection

WIPO Magazine

Smartphones have revolutionized the interaction between consumers and brands. Zeeger Vink, IP Director at MF Brands Group (Lacoste) offers tips on what companies need to do to optimize app design and protection.

Design 122
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Can I Make Money Through Copyright Licensing?

CopyrightsWorld

The short answer to that question is “yes”. Firstly, let’s define what “licensed revenue” is: money earned through the licensed use of intellectual property that has a copyright attached to it. More specifically, it is intellectual property that is permitted to be used by another company for profit by the copyright holder. So, for instance, say one of your photographs is chosen for use by a travel agency for one of their campaigns.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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What Teaching a Law School Trademark Class Has Taught Me

Erik K Pelton

One of the best ways to learn and improve your own expertise is to teach the subject. In this episode, Erik discusses how much he has learned about trademark law since he began teaching at Howard University School of Law last year. The post What Teaching a Law School Trademark Class Has Taught Me appeared first on Erik M Pelton & Associates, PLLC.

Trademark 100
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Infographic | Anticounterfeiting and Antipiracy in a digital era in Colombia

Olartemoure Blog

If you need brand protection in Colombia, this information might be useful: Colombian Customs’ Authorities issue alerts by email. Ask your attorney to include your email address as a reference for authorities, so you receive the same alerts your attorney gets. Training sessions in Colombia are still necessary. This way authorities will remember your trademark and provide a way for you to clearly show what your company is doing and what your main products are.

More Trending

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HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

By: Baylee Carter. INTRODUCTION. Today, people are watching Netflix more than ever, and Netflix is churning out seemingly endless content. With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

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Build an Art Collection that Supports Emerging Artists

Art Law Journal

Whether or not an artist’s work is selling or being shown extensively shouldn’t be the only factor considered when building an art collection. The post Build an Art Collection that Supports Emerging Artists appeared first on Art Business Journal.

Art 98
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Trademarks vs. Copyrights for Startups

TraskBritt Intellectual Property

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. Unlike patent laws, in the US, the law conveys immediate copyright and trademark rights once your trademark is used in association with products or services and your original content is written down or recorded.

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Secrecy: the IP right most often used by SMEs

WIPO Magazine

Trade secrets are a common and practical way for business to maintain a competitive advantage. Recent improvements in trade secret laws around the world have created more opportunities for SMEs to increase enterprise value and prevent loss of data assets by using them. Find out more.

IP 98
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IPO Diversity in Innovation Toolkit

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.

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TIME TO CUT THE MUSIC?: TWITCH’S UNFAIR SOLUTION TO AN INEVITABLE DIGITAL MILLENIUM COPYRIGHT ACT PROBLEM

JIPL Online

By: Marcus McGinnis. Introduction. In this blog post, I will explain how Twitch found itself in its current DMCA predicament, why its current proposed solution of mass backlog deletion is unsustainable, and why the platform should follow the approach of rival platforms and proactively utilize its vast resources to negotiate a more equitable, private contract solution with music license holders.

Music 76
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Tips on Contracts and Licensing for Artists

Art Law Journal

Every business needs a contract at one time or another. They are everywhere. Whether you are a struggling artist, world-renowned photographer, or a gallery owner, you will be inundated with contracts from art dealers, agents, exhibitors, publishers, ad agencies, museums as well as non-art industry members like landlords and contractors. If a contract is supposed […].

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What the hell are NFTs, and why is the art world crazy over them?

Clancco

If you’re still lost as to what the fundamentals of NFTs are, I explain it here in an art & law essay from 2008, including how NFT’s are really not anything new but rather just another property right, albeit one that could revolutionize art.

Art 52
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Managing intellectual property rights in innovation: the key to reaching the market

WIPO Magazine

The European Union Intellectual Property Office (EUIPO) offers insights from its recent studies which shows the SMEs that own IP rights have a 68 percent higher revenue per employee than those that do not own any IP rights.

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New York Employers Must Provide Paid Leave Of Up To 4 Hours For Employees To Receive COVID Shot

GDB Firm Blog

Effective this week, a new law requires New York employers to grant employees up to four hours of paid leave for each Covid vaccine shot received, unless a collective bargaining agreement provides for a greater time. The bill's summary makes clear that the legislative intent behind the law is to take steps to end the war against Covid-19 without having to exhaust employees' existing leave time.

Law 52
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Tips on Contracts and Licensing for Artists

Art Law Journal

Steve Schlackman. Every business needs a contract at one time or another. They are everywhere. Whether you are a struggling artist, world-renowned photographer, or a gallery owner, you will be inundated with contracts from art dealers, agents, exhibitors, publishers, ad agencies, museums as well as non-art industry members like landlords and contractors.

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Priority Documents Digital Access Service (DAS) And IPO

Intepat

? Under the WIPO-INDIA Cooperation agreement, Indian Patent Office (IPO) started the WIPO Digital Access Services (DAS) with effect from 31st January, 2018 for priority documents submitted by the applicants from participating Patent offices. The agreement was entered into to facilitate the electronic exchange of data and documents including priority documents, search and examination reports and other related information between IPO and WIPO through WIPO CASE and WIPO DAS.

Copying 52
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IP protection: building value and growth for small businesses

WIPO Magazine

Julian Crump, President of the International Federation of Intellectual Property Attorneys (FICPI), discusses how IP protection can benefit smaller businesses.

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Branding – Uniqueness and Fame

azrights

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. Nike has been using its swoosh logo since the mid-1970s, and until the swoosh became famous on its own, it would have been always accompanied by the brand name.

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TIME TO CUT THE MUSIC?: TWITCH’S UNFAIR SOLUTION TO AN INEVITABLE DIGITAL MILLENIUM COPYRIGHT ACT PROBLEM

JIPL Online

By: Marcus McGinnis Within the twelve months prior to publication of this blog, changes to the Digital Millennium Copyright Act (the "DMCA") enforcement protocols on Twitch have created an unsustainable environment for creators on the platform who are subject to a set of draconian pre-Web 2.0 laws that stifle content creation efforts through unfair copyright enforcement mechanisms.

Music 40
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A Statement From President and CEO John Adkisson Against Anti-Asian Violence and Hate

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson condemns all acts of violence and hate against the Asian American and Pacific Islander (AAPI) community, including the tragic shooting that claimed the lives of eight people in Atlanta on March 16 and the individualized attacks reported more recently in New York and the Bay Area. We are grieving for the victims of these senseless acts of hate and for the community.

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CDK: driving sustainable fashion in Bhutan

WIPO Magazine

CDK is an emerging fashion line that gives a modern twist to traditional Bhutanese design. The company's owner, Chandrika Tamang, shares her aspirations for fashion to go green, at least in Bhutan, and the challenges she faces as a small entrepreneur.

Designs 85
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Tenants Must Now be Notified of their Right to Request a Reasonable Accommodation

GDB Firm Blog

Landlords must now give written notice ("Notice") to tenants and prospective tenants of their right to request a reasonable accommodation or modification to their leased residential premises if they have a disability. This Notice requirement is set forth in NYS Exec. Law §296.2-b and NYS Exec. Law §296.18-a. It was added to the New York State Human Rights Law on December 20, 2020 and became effective on March 2, 2021.

Law 40
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HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

By: Baylee Carter From “Narcos” to “Stranger Things”, Netflix has produced binge-worthy content. With the many shows, movies, and documentaries that Netflix brings to viewers, there have been increased allegations of copyright infringement. This blog post looks at several noteworthy copyright infringement cases Netflix has defended in the last few years in the United States.

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Hispanic National Bar Association Recognizes Fish & Richardson Principal Ricardo Bonilla as a “Top Lawyer Under 40”

Fish & Richardson Trademark & Copyright Thoughts

The Hispanic National Bar Association (HNBA) announced 26 members across the country who have been selected to receive the prestigious 2021 “HNBA Top Lawyers Under 40” Award. Fish principal and head of the firm’s Next Gen initiative Ricardo Bonilla is a member of this year’s exceptional group of attorneys. The honorees were chosen based on professional excellence, integrity, leadership, commitment to the Hispanic community, and dedication to improving the legal profession.

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Practical IP considerations for SMEs on their journey to market

WIPO Magazine

Audrey Yap, President of Licensing Executive International outlines why it is important for SMEs to embrace intellectual property.

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The U.S. - E.U. Alcohol Trade Wars: A Welcome Pause

GDB Firm Blog

On Friday, March 5, 2021, the United States and the European Union made an announcement that will likely cause many in the alcohol and restaurant industries to pop open a bottle of Champagne - a temporary truce in the tariff wars.

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Automating Animation: Patentable; Automating Captions: Hold On

TraskBritt Intellectual Property

The U.S. Court of Appeals for the Federal Circuit has issued a decision affirming that patent claims to automating the process of making closed captions for audio-visual media are ineligible for patent protection. In Enco Sys. v. Davincia, the Court affirmed a lower court’s early resolution of a patent infringement lawsuit, granting a motion to dismiss on grounds that the asserted claims were invalid.

Patent 40
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Fish Associate Veena Tripathi Joins Next Generation Lawyers Junior Committee

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is pleased to announce that associate Veena Tripathi has joined the newly-formed Junior Committee of Next Generation Lawyers. Next Generation Lawyers partners with ChIPs , the Federal Circuit Bar Association, the Federal Judicial Center, and the Judiciary to encourage opportunities for junior lawyers through the industry. The Junior Committee is dedicated to creating and advancing content, events, and other action items to empower junior attorneys seeking to obtain more sub

Privacy 52
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Global Health Biotech: bridging the gap between science and business

WIPO Magazine

Professor Keolebogile Shirley Motaung, a biomedical scientist and Director of Technology Transfer and Innovation at the Durban University of Technology discusses the importance of bridging the gap between science and entrepreneurship.

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"'In the limited law available concerning the VARA, an owner’s decision to conceal a work does not constitute modification or mutilation,' Crawford wrote in his order."

The Art Law Blog

"Covering the murals without damaging them has the same effect as an art museum removing a painting and putting it into storage, Crawford noted." Preliminary injunction denied in the Vermont Law School murals case. Story here. Background here.

Law 40
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Why Fuse Brand Creation With Brand Protection?

azrights

The post Why Fuse Brand Creation With Brand Protection? appeared first on Azrights.

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Extraterritorial Application of the Defend Trade Secrets Act

Fish & Richardson Trademark & Copyright Thoughts

Can you be sued for misappropriation of trade secrets in the U.S. based on foreign activities? U.S. courts are taking an increasingly broad view of the scope of U.S. trade secret law , and have allowed trade secret cases to proceed even if plaintiffs only allege a generic or small connection to U.S. activities. Generally, in the U.S. legal system, there is a presumption that U.S. law only applies domestically and “does not rule the world.

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Managing risks and disputes in the fashion industry

WIPO Magazine

Find out more about why the National Center for Italian Fashion recently joined forces with the WIPO Arbitration and Mediation Center to offer fashion businesses an efficient and affordable ways to resolve disputes.

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"A New York Lawmaker Has Proposed a Bill to Increase Taxes on Auction Sales to Fund Public Art Education"

The Art Law Blog

Eileen Kinsella has the story here , and points out that "the proposal is at an early committee stage, and would have a long way to go before making it to law.

Art 40