Erik K Pelton

AUGUST 6, 2020

Earlier this week, our firm submitted brief comments regarding the USPTO’s proposed adjustment (note, there are no decreases proposed – only increases and new fees) rulemaking. Our comments and those of others can be found on Regulations.gov at: [link]. As you can see from the full comments below, our comments focus on three areas: the minimal notice and communication to the public and to users regarding hte USPTO’s latest fee proposal details; the lack of details provided reg

Trademark 260

Trademark Business 260

Creative Law Center

AUGUST 3, 2020

To license or sell your work to Hollywood, it must be cleared of infringing uses of the creative work of others. Here's how one filmmaker did just that. The post How to Sell Your Work to Hollywood appeared first on Creative Law Center.

Licensing 189

Licensing Law Copyright 189

WIPO Magazine

SEPTEMBER 15, 2020

In 2019, Dr. Akira Yoshino was awarded the Nobel Prize for his work in inventing the world’s first lithium-ion battery. Dr. Yoshino talks about the challenges he overcame in developing lithium-ion batteries and the role that strategic use of patent rights has played in the commercialization of these power packs.

Invention 105

Invention Patent 105

Dear Rich IP Blog

DECEMBER 15, 2020

Dear Rich: I want to copyright a report I researched and wrote and hope to sell to a museum. My report includes my collection of 19th-century photographs, most of which are extremely rare. W hen researchers use the report, I want them to credit me. How do I do that? When I tried to register my report at the Copyright Office, I was told that I could not claim copyright in the photos, only the text.

Public Domain 98

Public Domain Licensing Reporting Copying 98

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?

Technology

IP Blog

DECEMBER 11, 2020

As we approach the end of the transition period, during which time the UK was no longer a member of the EU but still followed certain laws and regulations and remained a part of the customs union, this is a reminder that on January 1, 2021, only UK laws will apply.

IP 98

IP Law Designs Design 98

Art Law Journal

DECEMBER 1, 2020

Artists seeking creative opportunities and funding to continue their work can improve their grant writing skills. Learn how to be present your project or proposal with these tips. The post Effective Grant Writing for Emerging Artists appeared first on Art Business Journal.

Journalism 98

Journalism Art Business 98

Sander Law

NOVEMBER 2, 2020

Trademarks: NICE classification. The NICE classification is a system for classifying goods and services that is used when applying for trademark registration. It is an internationally recognized system and is updated periodically to capture new types of products and services. Classes. The NICE classification utilizes a number system to identify a total of 45 classes of goods and services.

Trademark 98

Trademark Registration Law Registering Trademarks 98

Greenspoon Marder LLP

AUGUST 11, 2020

Featuring: Justin McNaughton, Partner and Sharon Urias, Partner “YOU, ME & IP” are monthly webinar discussions on the latest intellectual property trends. In the first program of this new monthly series, Greenspoon Marder IP attorneys discuss lively, unique pop culture trademark issues. You’ll hear about hundreds of pending trademark applications for “COVID,” and a bunch of trademark applications for “Ok […].

IP 95

IP Intellectual Property Trademark Blogging 95

Trademark and Copyright Law Blog

JULY 9, 2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v. Booking.com B.V. In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

McKinsey Operations

FEBRUARY 21, 2020

Updated annually, our Private Markets Review offers the best of our research and insight into private equity, private real estate, and other private markets. Explore the findings from our most recent report and scroll for past years’ reports.

Marketing 87

Marketing Marketing Reporting 87

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.

Patent

Erik K Pelton

SEPTEMBER 2, 2020

There are several critical questions you should ask your trademark lawyer before hiring their services. In this podcast Erik shares some of these important questions. Listen and avoid some of the key mistakes. The post Questions to Ask Your Trademark Lawyer appeared first on Erik M Pelton & Associates, PLLC. There are several critical questions you should ask your trademark lawyer before hiring their services.

Trademark 189

Trademark 189

Creative Law Center

APRIL 3, 2020

There are no rules for crafting the perfect copyright page. You can set it up however you like. The copyright police won't come for you. Here's a template you can start with. The post 8 Parts of a Perfect Copyright Page appeared first on Creative Law Center.

Copyright 113

Copyright Law 113

WIPO Magazine

DECEMBER 17, 2020

Legal guidance is critical to introducing a new brand successfully and smoothly. Strategic trademark consultant Kathryn Park, former General Counsel for Brand Management at GE, offers lawyers some practical tips on how to conduct an effective trademark search before unveiling a new product.

Trademark 98

Trademark Branding Brands Branding 98

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

Blockchain and cryptocurrency technologies are rapidly expanding throughout the world – and with that rapid expansion has come a growing interest in IP protection for blockchain and cryptocurrency inventions. USPTO statistics confirm blockchain’s ascendance. As of July 2020, roughly 7,600 applications containing the word “blockchain” had been filed, up from only 37 in 2014 ( see Figure 1).

Technology 76

Technology Copying Invention Patent Prosecution 76

IP Blog

OCTOBER 13, 2020

Early on in a business's life cycle, you may not have concerns more urgent than keeping operations on track and maintaining a reasonably steady cash flow. Nevertheless, before you find some stability by developing and selling a product or service that meets a unique demand, you must think strategically and do so with the long term in mind. Establishing legal protection early on is pivotal for your company's inventions, methods, processes and branding.

Intellectual Property 98

Intellectual Property Invention Branding Brands 98

Art Law Journal

AUGUST 15, 2020

Steve Schlackman. Are street photographers protected when taking photos of strangers in public or are they invading the subject's right to privacy?

Privacy 98

Privacy Art Law Art Law 98

Traverse Legal Blog

OCTOBER 14, 2020

Is there a class-action lawsuit filed against Airbnb? As many of you know, we have been filing AAA arbitration cases against Airbnb on behalf of Airbnb hosts for COVID-19 refund issues which violated the agreed cancellation policies between the hosts and their guests. We have been asked by many hosts about filing a class-action lawsuit against Airbnb, and have been retained by hosts to pursue a class action case in California, where Airbnb and Airbnb Payments are located.

Law 98

Law Litigation 98

Sander Law

SEPTEMBER 21, 2020

Trademark Examiner Reports: Common Objections. The objections raised by a Trademark Examiner generally fall into one or more of the following categories: Goods & Services Statement. One common objection is that the listing of products and/or services sold under the trademark are not described in "ordinary commercial terms". These objections may be overcome by submitting an amendment to the goods and services statement.

Reporting 98

Reporting Trademark Registering Trademarks Law 98

IP Spotlight

DECEMBER 31, 2020

The USPTO recently released its FY2020 Performance and Accountability Report , with contains helpful information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. Each year, IP Spotlight analyzes this report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant?

Editing 76

Editing Trademark Patent Patent Application 76

Bio Law Blog

NOVEMBER 29, 2020

The biopharmaceutical industry is at the forefront of COVID-19 news due to major advances in vaccine development. Now, more than a year since the first case of COVID-19 and nearing a year since daily life has been upended by the pandemic, hopes for a return to normal rest largely on the effectiveness of mass vaccination against SARS-CoV-2, the virus that causes COVID-19.

Contracts 75

Contracts Reporting 75

Intellectual Property Office Blog

NOVEMBER 26, 2020

Copyright is scary. Really scary. At least it used to be! As an interior stylist who produces photoshoots for some of the country’s biggest magazines and commercial brands, getting the shots right is a must. Throw in the worry of including something in those shoots that has copyright attached to it, and you don’t have permission to use it, then the dread of being sued really sets in.

Copyright 74

Copyright Art Due Diligence Copyright Law 74

Erik K Pelton

DECEMBER 8, 2020

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. Many fees are going up, and several new fees have been created. These fee changes have been in the works for more than a year. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. 6, 2020).

Trademark 184

Trademark Registration Brands Branding 184

DuetsBlog

OCTOBER 21, 2020

Hotels, Ice Cream, and Shoes as Canvases for Great Brands. . Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . So, let me ask a slightly weirder question: If Nike were an ice cream flavor, what would it taste like? . My guess would be something like a lemon zest sorbet, perhaps. (I’ll look for your best guess in the comments.). .

Branding 59

Branding Branding Brands Registration 59

WIPO Magazine

DECEMBER 17, 2020

In countries like Turkmenistan with large expanses of arid land, agricultural development is held back by high levels of soil salinity and acute shortages of fresh water. Turkmen inventors have come up with a range of innovative technologies to tackle soil salinity and optimize management of freshwater.

Inventor 98

Inventor Technology 98

LoTempio Law Blog

DECEMBER 3, 2020

There is no excerpt because this is a protected post. The post Protected: Interview with Kae and Cami Creator, Debbie Sullivan appeared first on Vincent LoTempio | Registered Patent Attorney, Trademark, and Copyright | 1-800-866-0039.

Trademark 52

Trademark Copyright Patent Blogging 52

IP Blog

SEPTEMBER 30, 2020

Intellectual Property rights (IPRs) are generally known as "negative rights" because the owner enforces them by stopping third parties from exploiting the rights' subjects. An IPR is typically infringed when a third party performs an act that is legally restricted to either the owner of the IPR or a person who has the owner's permission to exploit the right (a licensee).

Intellectual Property 98

Intellectual Property IP Business Patent Law 98

Art Law Journal

DECEMBER 8, 2020

If you're an artist or creative and don't document your work and career, learn why it's important and tips on how to get started. If you do, congratulations! Here are some best practices and reminders. The post Artists and Creatives: Document Your Work and Career appeared first on Art Business Journal.

Journalism 97

Journalism Art Business 97

Traverse Legal Blog

NOVEMBER 11, 2020

The Players: Airbnb, Inc. , Airbnb Payments, Inc , and Airbnb Payments UK Ltd. (collectively “Airbnb”), operating through Airbnb.com, is a software platform acting as a ‘directory’ of short-term rental listings posted by its users (“hosts”). Listings added to the directory by hosts are organized by location and are shown to travelers looking for alternatives to hotels and resorts.

Litigation 69

Litigation Contracts Business Marketing 69

Sander Law

SEPTEMBER 8, 2020

Trademarks: Descriptiveness Objection. One potential objection an Examiner may raise in an Examiner Report is that the applied for trademark is either: 1) clearly descriptive of the products or services sold under the trademark; or. 2) deceptively misdescriptive of the products or services sold under the trademark. Clearly Descriptive. The rationale for not allowing clearly descriptive marks is that it would give one person or company a monopoly over a word or phrase that other businesses should

Trademark 98

Trademark Reporting Business Law 98

Greenspoon Marder LLP

DECEMBER 3, 2020

Featuring: Justin McNaughton, Partner and Sharon Urias, Partner Join us to discuss the Grinch who tried to misappropriate, and therefore assert the right to exclusive use over holiday symbols, slogans, decorations, and cheer. Humbug. Click here to watch the recording. The post You, Me & IP Webinar Series: The Grinch Who Stole Holiday Trademarks appeared first on Greenspoon Marder LLP.

Trademark 52

Trademark IP Intellectual Property Blogging 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Cannabis [i] is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. [ii] While marijuana remains a Schedule I controlled substance under federal law, a majority of states have legalized consumption of certain cannabis products under certain conditions.

IP 52

IP Registration Trademark Brands 52

Intellectual Property Office Blog

JULY 9, 2020

I love reading. It allows our imaginations to run wild and provides a sense of escapism from everyday life, which is so important in these uncertain times. It also helps us switch off from our mobile phones, TVs and dare I say it … our partners. Reading also provides a number of physical and mental health benefits such as reducing stress, alleviating depression and aiding sleep.

Copyright Infringement 58

Copyright Infringement Copyright Intellectual Property Ownership 58

Erik K Pelton

DECEMBER 28, 2020

The following is an excerpt from my video, The Many Pieces of a USPTO Trademark Application. Have you ever looked at the USPTO Trademark Application Form online? It’s called the TEAS Form, – TEAS Standard or TEAS Plus. TEAS is the electronic filing system at the USPTO. There are many steps to the form. On the one hand, one could try to argue—they wouldn’t convince me—that it’s an easy form to apply for a trademark registration, because it’s just putting in a bunch

Trademark 130

Trademark Registration Business Blogging 130

DuetsBlog

OCTOBER 5, 2020

Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. By all accounts, the Midwest IP Institute was a great success this year despite the limitations of delivering knowledge in a virtual format, thanks Zoom. Hearty thanks to Draeke Weseman for his great work in helping pull together Chapter 7 in the IP Book, which can be purchased here from Minnesota CLE.

Fair Use 59

Fair Use IP Trademark False Advertising 59

WIPO Magazine

DECEMBER 17, 2020

In September 2020, the Australia Council for the Arts released the latest edition of its Protocols for using First Nations Cultural and Intellectual Property in the Arts, which aims to bridge the existing legal gap and provide traditional knowledge protection by recognizing and engendering respect for customary practice.

Intellectual Property 98

Intellectual Property Editing Art 98