Erik K Pelton

DECEMBER 30, 2024

My first trademark application was filed 25 years ago today on Dec. 30, 1999. I was a young entrepreneur building a new firm based on flat fees, efficiency, and exceptional services, with a website coded myself in HTML, and with experience as a USPTO examiner. In December of 1999, there was no online filing available I took the application a few miles down the road to the USPTO offices by hand to submit it and get it stamped with a filing date.

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Copyright Lately

DECEMBER 29, 2024

Many rulings missed the mark, but these five went the extra mile to secure their spots as the year’s worst copyright disasters. Hello and welcome to Copyright Latelys fifth annual countdown of the years biggest copyright misfires from coast to coast. When I first launched this tradition in 2020, during the height of the pandemic, best of lists felt a little out of touch.

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TorrentFreak

DECEMBER 29, 2024

The global recording industry portrays itself as a dynamic and successful business that’s either fighting an existential crisis right now, or sounding the alarm for the next one looming on the horizon. Considering the upheaval caused by Napster, its predecessors, and the demise of the lucrative album format, concerns of another technological surprise creating havoc aren’t entirely unreasonable.

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The IPKat

DECEMBER 30, 2024

Pierre Cadault sporting an IPKat-inspired fan The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the EUIPO Cancellation Division regarding a trade mark registration for Pierre Cadault, the name of a fictional character from the show Emily in Paris.

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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

Barry Sookman

DECEMBER 29, 2024

There is a principle of statutory interpretation that Canadian legislation is presumed to operate in conformity with Canadas international treaty obligations. This presumption avoids interpreting a law in a way that conflicts with Canadas international obligations and censure under international law. The presumption is important in many areas of the law including under copyright and other IP statutes where Canada has numerous treaty and convention obligations including under the Berne Convention

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Indiana Intellectual Property Law

DECEMBER 30, 2024

Author, Dr. Keith F. Bell (Plaintiff), has filed another copyright infringement suit in Indiana ( see past suit ), this time against Bartholomew Consolidated School Corporation (Bartholomew) and Timothy Bless (Bless), again claiming infringement of his intellectual property. Dr. Bell wrote the book Winning Isn’t Normal in 1981, and the key passage titled “Winning Isnt Normal” (WIN) is central to the book.

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The IPKat

DECEMBER 30, 2024

The case law on trade marks for virtual products is still developing. The General Court recently added an important decision on the assessment of their distinctive character. Background On 1 July 2022, Glashtter Uhrenbetrieb GmbH applied for registration of EU trade mark no. 018727034 for the following sign: The application covered various goods and services in classes 14, 35 and 41, including: Downloadable virtual products, namely [] stopwatches, chronographs, clocks, watches and their accessor

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Likelihood of Confusion

DECEMBER 29, 2024

Originally posted 2011-12-07 18:16:59. Republished by Blog Post PromoterDiscussing trademark law blogging with a colleague last night, I was asked whether I’d written anything about the EAT MORE KALE story. In order to excuse my laziness, I said, well, these low-hanging-fruit items that everyone is busy with, why, I let everyone else opine on them, […] The post A trademark lawyer’s got to loy… er appeared first on LIKELIHOOD OF CONFUSION.

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The TTABlog

DECEMBER 30, 2024

The Board ironed out a wrinkle in this rather straightforward affirmance of a Section 2(e)(1) mere descriptiveness refusal of NURSECON for "Arranging and conducting special events for social entertainment purposes." The Board rejected the applicant's argument that the USPTO exceeded its authority when it cancelled the registration for this mark and restored the application to pending status.

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SpicyIP

DECEMBER 29, 2024

Here is our recap of last weeks top IP developments including summaries of the posts on Delhi HCs ruling on Celebrity Rights and the Powers of Regional Directors under Companies Act vis a vis Trademark Similarity. This and a lot more in this weeks SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Image from here and here.

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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

Kluwer Copyright Blog

DECEMBER 29, 2024

Photo by Igal Ness on Unsplash On 23 October 2024, the five-year dispute between Valve and UFC-Que Choisir has come to a close. With the French Supreme Court upholding the Paris Court of Appeals decision, and ruling that consumers cannot resell digital copies of videogames distributed online. Putting the final seal on the question of digital exhaustion in France, and ending what was, and what seems likely to be, the last outlier in the EU on digital exhaustion.

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Likelihood of Confusion

DECEMBER 28, 2024

Originally posted 2011-05-23 16:57:09. Republished by Blog Post PromoterIt had to happen — another piece of territory now being rented out in the Lanham-Act-as-competition-buster industry: A new service has announced that it will scoop up the Google infringements for ya for a few kopeks. Their proud slogan: “Online trademark infringement is the act of using […] The post And Let Google the Dogs of Law appeared first on LIKELIHOOD OF CONFUSION.

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Patently-O

DECEMBER 28, 2024

by Dennis Crouch I'm following a new cert petition that asks the Supreme Court to examine when web scraping becomes an improper means of obtaining trade secret information under the the DTSA. I regularly use web scraping for academic research, and so this case caught my attention for more than just the intellectual property curiosity. Rutstein v. Compulife Software, Inc. , 24-634 (US) petition: 20241206162356526_Petition Website where the CEO of Compulife has ongoing commentary about Rutstein.

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The IPKat

DECEMBER 29, 2024

Wrapping up another year filled with IP, here is what you might have missed from last week! Book Review dreaming of a purr-fect new year full of IP Jocelyn Bosse reviewed the book Research Handbook on the History of Trademark Law , edited by Lionel Bently (University of Cambridge) and Robert G. Bone (University of Texas). This new book provides insights into various methods for conducting historical research on trade mark law and is divided into three parts.

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IP Watchdog

DECEMBER 29, 2024

The debates surrounding the 2024 election focused on hot button issues like abortion, immigration, and transgender rights. But several important IP issues also loom over the next administration and Congress. These issues include AI-generated deepfakes, the use of copyrighted works for AI training, the patentability of AI-assisted inventions, and patent subject matter eligibility more generally.

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Patently-O

DECEMBER 29, 2024

by Dennis Crouch The Copyright Act and the Patent Act each include an attorney fee provision — permitting the district court to award “a reasonable attorneys fee to the prevailing party.” Because of similarities in the provisions, they tend to be interpreted together — at least with regard to what qualifies as a “prevailing party” under the statute.

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The IPKat

DECEMBER 28, 2024

Another busy year is coming to an end. and it was particularly eventful for plant variety rights (PVRs) and plant-related IP issues around the world! This Kat has reflected on the legal developments that took place throughout 2024 and considered what readers might expect to see in 2025. EU Plant Variety Rights and other IP issues A Kat looking back on the year amongst a variety of plants.

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