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The following is an edited transcript of my video, Why You Should Check Trademark Registration Renewal Deadlines Now. I want to share two important reasons why trademark owners should think about their renewal deadlines right now. With trademark renewal deadlines at the USPTO, there is no reminder of the expiration of the renewal period. The USPTO sends a reminder to the email of record at the beginning of the renewal period, but there is no reminder at the end of the renewal period.
Copyright Licensing of Digital Assets Attached to NFT Sales. [Bonus: Free Open Source Copyright License for NFT sales below]. My name is Enrico Schaefer, I am a technology attorney with traverse legal PLC, and today I want to talk about nonfungible tokens or NFTs. You have been reading about them all over the news, they’re the hottest topic in tech right now, especially in the blockchain space.
By: Eddy Atallah. Introduction. This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” Both the FDA and the courts have struggled with interpreting the exclusivity provision, among many other aspects of this inherently ambiguous regulation.
The 93rd Academy Awards take place on Sunday, April 25, 2021 and will honor the movies released in 2020. With nominees for Best Picture including The Father, Judas and the Black Messiah, Mank, Nomadland, and Promising Young Woman, it will be a very tough call for the Academy to choose one Oscar winner for this category!
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 world of trademarks is actually booming since the pandemic began last Spring. Yet so are the trademark scams. In this episode, Erik reflects on the changes and trends from the past year, and why is it more critical than ever to protect your brands and businesses with trademark registration. The post 5 Trademark Lessons from a Year of Pandemic and Quarantine appeared first on Erik M Pelton & Associates, PLLC.
Developing an artist network builds camaraderie within your local community and enhances the possibility of landing new opportunities. The post Preparing your Artist Network for New Opportunities appeared first on Art Business Journal.
By: Raj Shah, Senior Regulatory Attorney & Policyholder Advisor, MagMutual Insurance Company ( rshah@magmutual.com ) & Nicholas Forsyth, Risk Intern, MagMutual Insurance Company ( nforsyth@magmutual.com ). Introduction. As malware and electronic hacking become more sophisticated and unidentifiable, healthcare organizations face an increasing risk of class action data breach lawsuits.
By: Raj Shah, Senior Regulatory Attorney & Policyholder Advisor, MagMutual Insurance Company ( rshah@magmutual.com ) & Nicholas Forsyth, Risk Intern, MagMutual Insurance Company ( nforsyth@magmutual.com ). Introduction. As malware and electronic hacking become more sophisticated and unidentifiable, healthcare organizations face an increasing risk of class action data breach lawsuits.
Ten or twenty years ago if you were trying to create an online business the things were quite different than today. You had to build your own servers, buy a special fast and super expensive internet connection, maintain and scale the infrastructure and data centres yourself. And all of that, before even thinking about creating a product or even attracting customers in some way.
The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”. As I discussed last month here on Copyright Lately , in March the Second Circuit held that Andy Warhol’s use of photos of the pop icon Prince wasn’t “transformative” and therefore didn’t qualify as fair use under the Co
In the “StrongVolt Case,” an electronic goods trademark is voided under the use in commerce requirement for a valid registration. In 2009, Matey Michael Ghomeshi.
Please read our previous post which gives the basic idea of the landmark dispute between the two software giants. Google petitioned the US Supreme Court to hear the case in the 2019 Term but was heard in April 2021 due to the Covid-19 Pandemic. Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005.
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.
An increasing number of print-on-demand sites, such as Zazzle and Café Press, are popping up on the Internet. Users can create customizable products featuring their own photos or other graphic designs. Unfortunately, there is very little stopping some of these users from creating products with stolen copyrighted designs and other art, with the copyright holder […].
Posted In Intellectual Property , Trademark Lil Nas X, Trademark infringement, Satan, Shoes. These may seem like four completely unrelated items chosen entirely for their randomness, and yet all four comprise pop culture’s biggest legal story of 2021 so far. Don’t worry – if you don’t know what I’m talking about, I’ll bring you up to speed, but the short version is that a rapper, a shoe company, and the devil are involved in turning a run-of-the-mill trademark
World IP day is on April 26. Every year the IP industry, led by the World Intellectual Property Office (WIPO) celebrates the day by raising awareness of the vital role IP rights in innovation and creativity. World IP Day 2021 shines a light on the critical role of SMEs in the economy and how they can use IP rights to build stronger, more competitive, and resilient businesses.
Screenshot of mobile search results for "Grubhub." Note also "Great Grubs" in the DoorDash blurb. I don't think it's unlawful, but it's kind of tacky: [link].
Steve Schlackman. An increasing number of print-on-demand sites, such as Zazzle and Café Press, are popping up on the Internet. Users can create customizable products featuring their own photos or other graphic designs. Unfortunately, there is very little stopping some of these users from creating products with stolen copyrighted designs and other art, with the copyright holder […].
In the 9th Circuit (as well as the 2nd, 5th, 6 th , and 11th Circuits), the test for determining whether the use of a third-party trademark in an expressive work (i.e., use of a brand within a movie, TV series, video game, etc., including as part of the title of an expressive work) is the 2nd Circuit’s test from the 1989 case of Rogers v. Grimaldi. The Rogers test was adopted by the 9th Circuit in Mattel, Inc. v.
In the pending Supreme Court case, United States v. Arthrex, Inc. , two main issues are presented before the Court. One, whether the administrative patent judges (“APJs”) of the Patent Trial and Appeals Board (“PTAB”) are unconstitutionally appointed because they are principal officers. Two, if APJs are unconstitutionally appointed, whether the Supreme Court should cure the relevant statute.
The Federal Circuit reversed the Patent Trial and Appeal Board’s decision to invalidate Raytheon’s turbine engine patent for obviousness based on General Electric’s reference to.
On April 12, 2021, Part II of the Patent Regulations under the Eurasian Patent Convention (EPC) was brought into effect, together with related documents, to govern the legal protection of Eurasian industrial designs — a completely novel type of Intellectual Property (IP) right in the Eurasian patent system.
How can you use patents to protect the innovation that lies behind plant materials and at the same time secure a competitive edge in the market? The reply is clear: through exclusivity. We will be looking at this in this article, following our first post Vegan IP in which we described the use of trademarks to identify these materials as an alternative to the use of animal leather in textiles.
Taylor Swift is notorious for hiding secret messages in her lyrics , music videos , and social media. Her fans waste no time in decoding even her most apparently innocuous posts. Last May, she shared that she was “Very Stoked” about a band called Jack Leopards and the Dolphin Club covering her song “Look What You Made Me Do.” There seemed nothing particularly odd about Swift’s tweet – except that the band didn’t exist.
By: Eddy Atallah Since the inception of the Hatch-Waxman Amendments, the Food and Drug Administration’s (FDA) determination for three-year clinical investigations exclusivity was generally unquestioned. However, Braeburn v. FDA brought about significant interpretive challenges to the provision and questions about agency deference. This Blog considers the “double-edged sword” in trying to mitigate ambiguity within the Hatch-Waxman act.
Fish & Richardson announced Betsy Flanagan has been named the managing principal of the Twin Cities office. She succeeds J. Patrick Finn III, Ph.D. , who served in the role since 2015. The Twin Cities office houses over 30 IP attorneys and technology specialists, as well as the firm’s administrative hub for support staff. “I’m thrilled Betsy has agreed to take on the role of managing principal in Twin Cities,” said John Adkisson , president and CEO of Fish.
The decade-long dispute between Google LLC and Oracle America Inc. has now ended with the Supreme Court ruling 6-2 in favor of Google. This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides a list of functions and definitions that specify the parameters of application program interfaces (APIs) – in Google’s Android operating system.
The Internet is glutted with the presence of a myriad variety of goods and services. These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark , design , etc. Thus, the protection of the intellectual property rights over these goods and services is of significant importance to these businesses due to the signifi
By: Sam Hayes The Supreme Court left the government edicts doctrine untouched for nearly 130 years until last year, when the Court revisited the doctrine in Georgia v. Public.Resource.Org, Inc. The central issue in Georgia v PRO concerned the copyrightability of the Official Code of Georgia Annotated, which included the text of every Georgia statute, as well as various non-binding annotations.
Fish senior principal John Phillips was named to San Diego Metro Magazine’s Top Attorneys for 2021. Phillips was one of 18 honorees selected as a top legal practitioner in the San Diego area. He represents startups to Fortune 500 corporations in inter partes and ex parte post-grant work, due diligence and freedom-to-operate investigations, patent opinions, and strategic patent prosecution.
On May 6, 2021 from 12:00 p.m. – 1:00 p.m. CT, the Intellectual Property Law Association of Chicago (IPLAC) is hosting a panel discussion focusing on topics related to Section 101. A selection of topics will be discussed. The panel is being moderated by A. Christal Sheppard Professor, University of Nebraska College of Law, Distinguished Fellow, NGCT – Nebraska Governance & Technology Center.
For our weekly SoCal IP Institute meeting on Monday, April 26, 2021 we will discuss the following: Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All - See The Andy Warhol Foundation v. Goldsmith, Case No. 19-2420 (2d Cir. March 26, 2021) In a recent decision, the Second Circuit [.].
By: Raj Shah, Senior Regulatory Attorney & Policyholder Advisor, MagMutual Insurance Company & Nicholas Forsyth, Risk Intern, MagMutual Insurance Company This blog involves data protection and privacy law and addresses the difference in outcomes of the Georgia Supreme Court case of Collins and the 11th Circuit case of Captiva. The work discusses whether Georgia law and the 11th Circuit have different pleading standards in a class action regarding negligence in a data breach.
The Daily Journal named Fish principals Juanita Brooks and Jonathan Singer to its 2021 list of “Top Intellectual Property Lawyers.” The annual list recognizes top IP lawyers in California who practice in various areas of IP law and have had a significant impact on IP law. Brooks and Singer are both based in Fish’s Southern California office and have been included on this prestigious list multiple times.
From the site: 2020-2021 TOPIC Students are invited to submit papers addressing a legal or public policy question relating to emerging and sustained challenges to legal and political structures created by online platforms, digital services, and other emerging technologies. Example topics include: questions relating to the adequacy of federal and state agency regulatory and adjudication structures to address current and emerging technologies; the scope of current agency jurisdiction over digital
The COVID-19 pandemic exposes many frailties and problems globally, including cybersecurity and trade secret vulnerabilities. When countries conduct coronavirus research collaboratively and competitively, multiple countries continuously report hackers targeting their research institutes or pharmaceutical companies regarding the research. For example, European Medicines Agency reported that hackers accessed some confidential data on the Pfizer-BioNTech vaccine.
By: Sam Hayes. Copyright protection entails a balance between the interests of authors in having monopolistic protection and economic incentives to encourage the production of works, and the interests of the public in having unrestricted access to certain kinds of information. [i] On one hand, if the exclusionary rights granted by copyright are too narrow, individuals are discouraged from producing intellectual works because they are limited in reaping the financial or reputational gain from the
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