Erik K Pelton
APRIL 2, 2021
This scam showed up in a client’s mailbox this week. WTMR is back. They were going by WTRM. And now they want your scam check mailed to a PO Box in Fort Lauderdale. I am sick and tired of these scammers. And I am tired of waiting for the government to do something about them. How many businesses need to lose money, and how much attorney time needs to be lost before more is done?
Intellectual Property Law Blog
MARCH 29, 2021
The Situation. Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. As a result, the Examiners may find claims directed to merely applying the blockchain technology to execute legal or commercial contracts, for example, as part of a commerce system, like he
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Traverse Legal Blog
APRIL 1, 2021
Cryptocurrency has been been in the press cycle for years. But now there is something new in the blockchain space. ‘NFT’ stands for non-fungible token. In this Tech Law Radio podcast, NFT attorney Enrico Schaefer talks about legal issues which are already being litigated by lawyers in the NFT marketplace. (See bonus video below, legal advice for buyers and sellers of NFTs).
Art Law Journal
MARCH 30, 2021
Apart from talent, artists require a certain level of “buzz” in order to progress to new levels of recognition in their art careers. The post How to Develop a Buzzworthy Artist Branding Strategy appeared first on Art Business Journal.
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
MARCH 30, 2021
There are numerous and significant differences between the two USPTO TEAS trademark application forms. One question that comes up a lot when people go to file a trademark application at the USPTO (US Patent and Trademark Office) is TEAS PLUS versus TEAS STANDARD application forms. A TEAS Plus application has a lower filing fee, currently $250 per class.
IP Blog
MARCH 29, 2021
The decision of the Pakistani government to accede to the international trademark registration framework administered by the World Intellectual Property Organization (WIPO) could have a notable positive impact on Intellectual Property (IP) protection in South Asia and help galvanize trade in the region.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Art Law Journal
APRIL 1, 2021
Chris Reed. There are many legal aspects of running an art-related business that could be fairly characterized as less than interesting, but few topics inspire more blank stares, or glazed-over eyes, faster than insurance. Like a lot of legal topics, thinking about insurance requires that we think about negative outcomes – what happens when things go awry […].
Erik K Pelton
MARCH 29, 2021
The following is an edited transcript of my video, Rome Wasn’t Built in a Day and Neither is Trademark Protection. A few years back, I had an incredible opportunity to spend a week in Rome with my family and friends. It was a spectacular trip for many reasons – of course, the food, the culture, but also the history and the architecture are unbelievable.
IP Blog
APRIL 2, 2021
Even though mergers and acquisitions (M&A) is a broad category for any type of financial transaction resulting in the consolidation of companies or assets, its impact is readily discernable in the economic value it creates through more efficient allocation of corporate resources.
The IP Law Blog
APRIL 1, 2021
The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc. v. Metal Sport, Inc.
Advertiser: IPO
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.
Art Law Journal
APRIL 1, 2021
There are many legal aspects of running an art-related business that could be fairly characterized as less than interesting, but few topics inspire more blank stares, or glazed-over eyes, faster than insurance. Like a lot of legal topics, thinking about insurance requires that we think about negative outcomes – what happens when things go awry […].
Erik K Pelton
MARCH 31, 2021
A trademark dispute can be tremendously costly and disruptive, especially for small businesses. Reducing the risk of such a dispute is one of the main ways that small businesses can benefit from trademark protection for your business. In this episode, Erik details why trademark protection is even more important for the small businesses that are the lifeblood of our communities and economy.
IP Blog
MARCH 31, 2021
English. Français. Just as for so many people, the COVID-19 pandemic has forced Intellectual Property (IP) professionals to change the way they work. Remote working has become the norm as lockdowns have forced the closure of offices, factories and university campuses. This has been accompanied by greater investment and reliance on digital and automation tools to facilitate work processes and ensure business continuity.
McBayer IP Blog
MARCH 30, 2021
Posted In Intellectual Property , Trademark As we all know, the varying degrees of lockdown brought about by the COVID-19 pandemic have, for over a year now, interrupted nearly every aspect of personal and professional life. For businesses, mandatory closings and temporary shutdowns can mean a waning customer base and dwindling revenue, but it can also mean something even worse: losing federal rights to a trademark.
TraskBritt Intellectual Property
MARCH 30, 2021
In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” Instead of using conventional windshield wipers, Tesla envisioned a system to clean debris from any glass on a vehicle. The laser cleaning system can be used to clean windshields, side and rear windows, and camera lenses used for Tesla’s advanced driver-assistance systems.
Clancco
MARCH 27, 2021
Images at issue. We conclude … that all four factors favor [Lynn] Goldsmith and that [Warhol’s] Prince Series works are not fair use as a matter of law. We further conclude that the Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law. Here’s my take. The 2nd Cir ruled that if the secondary work serves the same purpose as the first, in our case, both as works of visual art, and if the dominant component of the copyrighted works remains in the seconda
Corsearch
APRIL 1, 2021
Online markets are growing fast and the popularity of eCommerce websites has seen an unprecedented surge during the COVID-19 pandemic.
The Art Law Blog
APRIL 2, 2021
Lee Rosenbaum has a round-up of some comments from the "old school" side of the aisle at the recent Syracuse Deaccessioning symposium , including more from Anne Pasternak (who Lee says "pragmatically acknowledged the merits of both sides of the deaccession dialectic, and gamely tried to steer between them") in response to the " it's on their fat asses " wing of the Deaccession Police: "Can I just stand up for boards?
GDB Firm Blog
APRIL 2, 2021
As previously reported, on September 1, 2020 the Centers for Disease Control and Prevention (CDC) issued an Agency Order titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (the "Order"). The Order went into effect on September 4, 2020, was extended first through January 31, 2021, and again through March 31, 2021.
Intepat
APRIL 1, 2021
? Hon’ble Supreme Court of India after considering the suggestions of the learned Attorney General of India regarding the future course of action with respect to the period of limitation under the general law or special law; has issued the following orders dated 8th March 2021: 1. “In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded.
Fish & Richardson Trademark & Copyright Thoughts
MARCH 31, 2021
Trial attorney Betty Chen was recently interviewed by Corporate Counsel Business Journal for the article, “Keeping Pace with Ever-Evolving Intellectual Property Disputes.” In the article, Betty talks about the potential impact of widespread 5G rollouts on global patent litigation, how clients are addressing SEP and FRAND issues, and where she sees these trends going in the future.
JIPEL Copyright Blog
MARCH 30, 2021
What does the “data” in data privacy mean? A quick Google search defines data as: “facts and statistics gathered together for reference or analysis.” In the data privacy context, most people likely think of things like one’s name, email address, phone number and so on, all of which is correct. But might the definition stretch even further? California seems to think so.
GDB Firm Blog
APRIL 1, 2021
Both the House of Representatives and the Senate have passed the PPP Extension Act of 2021, and the President is about to sign the act into law, extending the deadline to file an application for a PPP loan from March 31 to May 31, 2021.
The Art Law Blog
MARCH 30, 2021
Copyright Lately's Aaron Moss has a similar reaction to mine re the Second Circuit's Warhol decision: "The clear import of Goldsmith is that courts should not automatically recognize any alteration to an original work as transformative—regardless of who’s doing the altering. The problem, of course, is that the court really hasn’t offered any guidance on what is transformative.
Bio Law Blog
MARCH 29, 2021
On March 25, the Federal Circuit issued an opinion in In re Board of Trustees of the Leland Stanford Junior Univ. , No. 2020-1288 (Fed. Cir. Mar. 25, 2021), affirming the Patent Trial and Appeal Board’s rejection of the patentability of claims directed to computerized methods to generate genetic data, a decision notable in the field of bioinformatics and personalized medicine.
Above the Fold
MARCH 30, 2021
Yesterday, the USPTO issued an alert regarding emails that U.S. attorneys have been receiving from unlicensed persons offering to pay attorneys in exchange for use of the attorneys’ bar credentials in trademark filings. The USPTO views such communications as a tool intended to circumvent the U.S. counsel rule. The USPTO cautioned U.S. attorneys that, by agreeing to such an arrangement, an attorney is aiding the unauthorized practice of law and violating the Federal Rules, including the USPTO’s R
The Art Law Blog
MARCH 28, 2021
From Brian Boucher at artnet. (I mentioned the conference earlier here.) I liked this bit: "While museums may collect with relative freedom, independent curator and writer Glenn Adamson pointed out that they are subjected to intense scrutiny when selling they sell, and the headlines bear that out. "When they opt to sell, expect 'scorched earth criticism by bloggers,' added lawyer Mark Gold.
The Art Law Blog
MARCH 28, 2021
is Erik H. Neil of the Chrysler Museum of Art in Norfolk. Last week , he was seen in the New York Times saying "We are educational institutions. If you want to flip paintings, there are many other types of institutions where you can do that, and they are called commercial galleries." (To which I wondered why flipping paintings to buy more art does not also make you a commercial gallery.
The Art Law Blog
MARCH 27, 2021
That's how I ended my post on the Second Circuit's Prince-Cariou decision, back in 2013. After yesterday's decision in the Warhol-Goldsmith case, I'm afraid we're more in the dark than ever. In my initial post on the District Court decision in the case, I said there were two ways to look at it. One was that " this Judge saw this particular use as transformative.
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