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IPBiz

IPBiz

Intellectual property news affecting business and everyday life. From patent lawyer Lawrence B. Ebert.

http://ipbiz.blogspot.com/
  • Dec 15

    CBS Sunday Morning on December 14, 2014

    CBS Sunday Morning on December 14, 2014
    Charles Osgood introduced the stories for December 14, 2014. The cover story was "Game On," done by John Blackstone on people treating "E-sports" as spectator sports. Second was Anthony Mason on Misty Copeland.Almanac was on Nostradamus,…
  • Dec 15

    Anticipation is not the epitome of obviousne

    Anticipation is not the epitome of obviousne
    Within a PTAB decision from 2013, one has the textThe same issues are dispositive of each obviousness rejection on appeal. First, each of the rejections for obviousness relies on the Examiner‟sfinding that Surjadi, as evidence by…
  • Dec 13

    Allen West matter: not such a bombshell

    Allen West matter: not such a bombshell
    In a post titled Updated: Allen West plagiarism bombshell: Tea Party hero lifted passages from viral Internet post , Salon savages West for copying, without attribution, from a "viral internet post" relating to President Obama's silence on…
Rank this Week: 41

ITC 337 Law Blog

ITC 337 Law Blog

Covers International Trade Commission cases and news. By Oblon Spivak.

http://www.itcblog.com
Rank this Week: 59

IPKat

IPKat

Covers copyright, patent, trade mark and privacy/confidentiality issues from a UK and European perspective.

http://ipkitten.blogspot.com/
  • Dec 18

    A Kat's 2014 Copyright Award

    A Kat's 2014 Copyright Award
    It's Katwards day!With the holidays and end of the year quickly approaching, it seems about time to think of what has been and what will be next in the world of the greatest IP right, ie copyright. Like last year, this Kat…
  • Dec 18

    BREAKING NEWS: breakfast ruling on unfertilised egg

    BREAKING NEWS: breakfast ruling on unfertilised egg
    Ova and out! "AG Villalón's parthenotes Opinion in IMC could provide stem cell research certainty (at least for now...)" was the title of a helpful note by Shohta Ueno (an Associate with Allen & Overy's IP Litigation team in…
  • Dec 17

    The independence of the Boards of Appeal: Merpel roars again

    The independence of the Boards of Appeal: Merpel roars again
    Still troubled by goings-onat the European Patent OfficeThere are many aspects of the recent events (See here and links concerning the suspension of a member of the Board of Appeal, and here and links concerning the strikes and…
Rank this Week: 71

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 73

Erik J. Heels

Erik J. Heels

Covers technology, law, baseball, and rock 'n' roll. By Erik J. Heels.

http://www.erikjheels.com/
  • Dec 17

    17 Seconds #6

    17 Seconds #6
    17 Seconds is a email and website newsletter that gives you useful info quickly. Believe it or not, Clocktower’s website design is coming up on two years old, so it’s time for a makeover. As part of the website redesign …
  • Nov 17

    Twitter Bug Makes Tweet Archives Unreliable For eDiscovery

    Twitter Bug Makes Tweet Archives Unreliable For eDiscovery
    Tweets from 2010 and earlier suffer from URL redirection problem. Old Tweets: Now You See Them, Now You Don’t I’ve been on Twitter continuously since 2008-10-30. Here’s my first Tweet: I'm betting that today's decision re…
  • Nov 7

    ‘It doesn’t take all types, there just are all types’ quote is by Tom Bohan, NOT Winston Churchill

    ‘It doesn’t take all types, there just are all types’ quote is by Tom Bohan, NOT Winston Churchill
    Thomas L. Bohan quotation ‘It doesn’t take all types, there just are all types’ erroneously attributed to Winston Churchill. I had the privilege of working for Thomas L. Bohan (hereinafter “Tom Bohan”) from…
Rank this Week: 93

43(B)log

43(B)log

Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.

http://tushnet.blogspot.com/
  • Dec 17

    Soul survivor: publicity and TM claims against recorded performance fail

    Soul survivor: publicity and TM claims against recorded performance fail
    Cummings v. Soul Train Holdings LLC, 2014 WL 7008952, No. 14 Civ. 36 (S.D.N.Y. Dec. 12, 2014)This right of publicity/trademark case based on use of recorded performances to which the plaintiff didn’t own the copyright could’ve…
  • Dec 17

    the intersection of FTC US origin guidelines and the Lanham Act

    the intersection of FTC US origin guidelines and the Lanham Act
    A.P. Deauville, LLC v. Arion Perfume and Beauty, Inc., No. C14-03343, 2014 WL 7140041 (N.D. Cal. Dec. 12, 2014) Deauville sued Arion for false advertising and unfair competition, and Arion counterclaimed.  This opinion granted in part…
  • Dec 15

    Is a bigger sucker a protected consumer?

    Is a bigger sucker a protected consumer?
    Securian Financial Group, Inc. v. Wells Fargo Bank, N.A., 2014 WL 6911100, No. 11–2957 (D. Minn. Dec. 8, 2014)How sophisticated can you be and still be a consumer for the purpose of consumer protection law?  Pretty sophisticated,…
Rank this Week: 94

Illinois Business Law Journal

Illinois Business Law Journal

Covers recent developments affecting business law. From the University of Illinois College of Law.

http://www.law.illinois.edu/bljournal/
  • Nov 27

    Two Sides of the Same [Bit]coin: Why Regulating Bitcoin Works in Its Favor

    Two Sides of the Same [Bit]coin: Why Regulating Bitcoin Works in Its Favor
               The reality of the most notorious virtual currency is that it is only a matter of time before it comes under the purview of a regulatory body.  Bitcoin is a cryptocurrency that exists entirely…
  • Nov 27

    The Ride-Sharing Economy: Keeping Liability in the Rearview

    The Ride-Sharing Economy: Keeping Liability in the Rearview
                      In large cities the world over, passengers have stopped reaching into the air to hail a cab and have begun reaching into their pockets for their smartphones.  Companies such…
  • Nov 23

    A Look at IRS's Transfer Pricing Audit Roadmap

    A Look at IRS's Transfer Pricing Audit Roadmap
    Background   There are still a number of corporations which have not fully recovered from the economic downturn, which consequently leads to less tax revenue for tax authorities.  As such, some of the tax authorities around the…
Rank this Week: 108

Patent Docs

Patent Docs

Covers biotech and pharma patent law and news. By McDonnell Boehnen Hulbert & Berghoff LLP.

http://www.patentdocs.org/
  • Dec 17

    In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (Fed. Cir. 2014)

    In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (Fed. Cir. 2014)
    By Kevin E. Noonan -- In a decision that will surprise no one (written by Judge Dyk, which made the conclusions foregone from the first page of the opinion), the Federal Circuit today affirmed the Utah District Court's decision denying Myriad…
  • Dec 17

    Impact of Interim Guidance on Business Method and Software Claim

    Impact of Interim Guidance on Business Method and Software Claim
    By Michael Borella -- On December 15, the United States Patent and Trademark Office (USPTO) published its 2014 Interim Guidance on Patent Subject Matter Eligibility. This Interim Guidance was the long-anticipated update to the Procedure for…
  • Dec 16

    USPTO Issues Interim Guidance on Subject Matter Eligibility

    USPTO Issues Interim Guidance on Subject Matter Eligibility
    By Donald Zuhn -- Earlier today, the U.S. Patent and Trademark Office published its interim guidance regarding the examination of claims for subject matter eligibility under 35 U.S.C. § 101 (which the Office announced yesterday) in the…
Rank this Week: 117

Patently-O

Patently-O

Covers patents, claim drafting tips, patent cases, patent legislation and patent prosecution. By Dennis Crouch.

http://patentlyo.com/patent
  • Dec 17

    Iowa Innovation, Business & Law Center

    Iowa Innovation, Business & Law Center
    By Jason Rantanen As most of you know, I am an associate professor of law at the University of Iowa College of Law, in Iowa City, Iowa.  One of my initiatives this past semester was a relaunch of the Iowa Innovation, Business & Law…
  • Dec 17

    Federal Circuit: Next Round of Myriad Patent Claims Are Also Invalid

    Federal Circuit: Next Round of Myriad Patent Claims Are Also Invalid
    by Dennis Crouch In an important decision, the Federal Circuit has affirmed the invalidity of a number of additional genetic testing claims.  Based upon this decision, the USPTO may need to again reevaluate its subject matter eligibility…
  • Dec 17

    IP as a Corporate Human Right

    IP as a Corporate Human Right
    by Dennis Crouch I am enjoying Professor Osei-Tutu’s (FIU) new article on intellectual property as a human right.  Corporate ‘Human Rights’ to Intellectual Property Protection, ___ Santa Clara L. Rev. ___ (2015)…
Rank this Week: 122

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Dec 18

    The Strange Case of Strange Fruit

    The Strange Case of Strange Fruit
    - Laurel Sutton, Senior Strategist at Catchword Brand Name Development Of all the marketing people in the biz, you’d think a PR firm would have the best instincts for names that appeal, rather than repel, the public at large. A firm in…
  • Dec 17

    Henley Is Not Taking It Easy

    Henley Is Not Taking It Easy
    According to music icon Don Henley, intellectual property rights are not a joking matter. Duluth Trading Company found this out when it adopted the advertising slogan: “Don a henley, take it easy” to promote and sell Henley shirts…
  • Dec 16

    Top 10 Branding Tips Using PR

    Top 10 Branding Tips Using PR
    - Debbie Laskey, MBA There is an often-overlooked aspect of marketing that can be considered a distant relative. Public relations, also referred to as PR, is this sometimes forgotten but very important component of marketing promotions. At…
Rank this Week: 172

The TTABlog

The TTABlog

Covers the Trademark Trial and Appeal Board. By John L. Welch.

http://thettablog.blogspot.com/
  • Dec 18

    Precedential No. 43: TTAB Dismisses XBOX 360 Cancellation Petition as Sanction for Misconduct

    Precedential No. 43: TTAB Dismisses XBOX 360 Cancellation Petition as Sanction for Misconduct
    The Board granted Microsoft's Rule 12(b)(6) motion to dismiss a petition to cancel its registration for the mark XBOX 360 for publications in the field of computer games, finding that petitioners had failed to state a claim upon which relief…
  • Dec 17

    CAFC Reverses TTAB Affirmance of Section 2(d) "TAKETEN" Refusal

    CAFC Reverses TTAB Affirmance of Section 2(d) "TAKETEN" Refusal
    In a precedential opinion, the U.S. Court of Appeals for the Federal Circuit reversed a TTAB decision (here) which had affirmed a Section 2(d) refusal to register the mark TAKETEN for "health care services, namely, evaluating weight and…
  • Dec 16

    Test Your TTAB Judge-Ability on these Four Section 2(d) Appeal

    Test Your TTAB Judge-Ability on these Four Section 2(d) Appeal
    I once heard a TTAB judge say that the outcome of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods and/or services, without more. Well, try your skills on these four…
Rank this Week: 159

Eastern District of Texas Federal…

Eastern District of Texas Federal Court Practice

Devoted to practice in the U.S. District Court for the Eastern District of Texas, with special emphasis on patent litigation. By Michael C. Smith.

http://mcsmith.blogs.com/eastern_district_of_texas/
  • Dec 16

    Congratulations Judge Mazzant and Judge Schroeder

    Congratulations Judge Mazzant and Judge Schroeder
    Tonight the U.S. Senate confirmed both nominees for vacant Eastern District judgeships, Judge Amos Mazzant of Sherman, and Trey Schroeder of Texarkana. So for the next 90 days the Eastern District will enjoy the rare situation that all eight…
  • Dec 16

    Yet Another Case Involving Hookah Bars in East Texa

    Yet Another Case Involving Hookah Bars in East Texa
    Jabary v. Terrell, December 10, 2014; July 17, 204 (NO. 4:10-CV-711) Judge: Ron Clark; Amos Mazzant Holding: Defendants' Motion for Summary Judgment Granted in Part and Denied in Part Judge Clark adopted Judge Mazzant's report and…
  • Dec 16

    Motions for Sanctions Denied: $10,000 Assessed for "Sanctions First" Approach

    Motions for Sanctions Denied: $10,000 Assessed for "Sanctions First" Approach
    Syneron Medical Ltd. v. Viora Ltd. et al, 2:14cv639 (12/12/14) Judge: Rodney Gilstrap Holding: Motions for Sanctions Denied; $10,000 Assessed for "Sanctions First" Approach Two months after the filing of the plaintiffs complaint, defendant…
Rank this Week: 192

Freedom to Tinker

Freedom to Tinker

Focuses on issues related to legal regulation of technology, and especially on legal attempts to restrict the right of technologists and citizens to tinker with technological devices. From Princeton's Center for Information Technology Policy.

https://freedom-to-tinker.com/
  • Dec 12

    Why ASICs may be good for Bitcoin

    Why ASICs may be good for Bitcoin
    Bitcoin mining is now almost exclusively performed by Bitcoin-specific ASICs (application-specific integrated circuits). These chips are made by a few startup manufacturers and cannot be used for anything else besides mining Bitcoin or…
  • Dec 11

    Striking a balance between advertising and ad blocking

    Striking a balance between advertising and ad blocking
    In the news, we have a consortium of French publishers, which somehow includes several major U.S. corporations (Google, Microsoft), attempting to sue AdBlock Plus developer Eyeo, a German firm with developers around the world. I have no…
  • Dec 5

    Expert Panel Report: A New Governance Model for Communications Security?

    Expert Panel Report: A New Governance Model for Communications Security?
    Today, the vulnerable state of electronic communications security dominates headlines across the globe, while surveillance, money and power increasingly permeate the ‘cybersecurity’ policy arena. With the stakes so high, how…
Rank this Week: 210

Likelihood of Confusion

Likelihood of Confusion

Covers developments in trademark, copyright, new media and free speech. By Ron Coleman.

http://www.likelihoodofconfusion.com
  • Dec 17

    Rededication

    Rededication
    Originally posted 2010-12-01 20:08:12. Republished by Blog Post PromoterWelcome to Blawg Review.  Cold, rainy, prematurely wintry greetings from metropolitan New York. No exclamation point.  It has been that kind of year, it seems.…
  • Dec 9

    The TTAB, the trademark bloggers and the likelihood of preclusion

    The TTAB, the trademark bloggers and the likelihood of preclusion
    A trademark case involving LIKELIHOOD OF CONFUSION (the legal thing, not the fun blog) got unusual Supreme Court attention last week, as you doubtless know by now.  Good summary here by Sutherland Asbill & Brennan…
  • Dec 3

    I Read Dead Peoples’ Email: UPDATE

    I Read Dead Peoples’ Email: UPDATE
    Originally posted 2005-03-01 00:00:00. Republished by Blog Post PromoterRemember this item?  I wrote, regarding a family’s request for access to a serviceman’s email account after his death, as follows: I say that absent a…
Rank this Week: 226

Clancco: Art & Law

Clancco: Art & Law

Covers the relationship between art and law with a focus on intellectual property, nonprofit tax-exempt organizations, free speech, and contemporary art. By Sergio Muñoz Sarmiento.

http://clancco.com/wp
  • Dec 16

    Monkey-Selfie Guy Still Thinks He Has Copyright

    Monkey-Selfie Guy Still Thinks He Has Copyright
    I guess having the U.S. Copyright Office issue a draft of its Compendium of U.S. Copyright Office Practices and specifically point out that photos taken by monkeys are a good example of something that can’t be registered is not enough.…
  • Dec 15

    Is the Portrayal of Unprotected Sex a Matter of Free Speech?

    Is the Portrayal of Unprotected Sex a Matter of Free Speech?
    A Los Angeles voter-approved law that requires actors in pornographic films to wear condoms was upheld by the Ninth Circuit Court of Appeals over the objection of adult-film makers, who claim the portrayal of unprotected sex is a matter of…
  • Dec 15

    Do Artists Always Own What They Create?

    Do Artists Always Own What They Create?
    Here’s a good overview of copyright and the work-for-hire doctrine. Definitely a must-read if you hire others to create for you and/or if you are hired by others to create for them. If you think you know the legal definitions of…
Rank this Week: 231

Copyright Litigation Blog

Copyright Litigation Blog

Review of copyright law, copyright litigation, art litigation and relevant current events. Discussions of recent case law and federal rules of civil procedure. By Ray Dowd.

http://copyrightlitigation.blogspot.com/
  • Dec 13

    75 Last Minute 2014 Year-End Tax Savings Tips from Dunnington

    75 Last Minute 2014 Year-End Tax Savings Tips from Dunnington
      Season’s Greetings!As the year comes to a close, so does the period for tax planning for the year 2014.  My partner Joe Michaels has composed a Memorandum entitled "75 Last Minute 2014 Year-End Tax Savings Tips” that…
  • Dec 7

    Saving Mona Lisa: Nazi Art Looting and The Great Treasures of The Louvre

    Saving Mona Lisa: Nazi Art Looting and The Great Treasures of The Louvre
    Nazi Art Looting Revealed: Book Review: Saving Mona Lisa: The Battle To Protect The Louvre & Its Treasures During World War II by Gerri Chanel (2014 Heliopa Press) $18.95 325 pp.        …
  • Nov 19

    Art Law Event Of The Year This Friday!

    Art Law Event Of The Year This Friday!
    7th Annual Art Litigation and Dispute Resolution Practice InstituteFriday, November 21, 2014, 9:00 AM – 5:00 PM Member Price:   $200Non-Member Attorney Price:   $250Law Office…
Rank this Week: 232

IPWatchdog.com | Patent Copyright…

IPWatchdog.com | Patent Copyright Trademark

Covers patents, copyrights, trademarks, trade secrets and Internet issues. By Gene Quinn.

http://www.ipwatchdog.com
  • Dec 18

    An Exclusive Interview with Robert Litan

    An Exclusive Interview with Robert Litan
    LITAN: ''Cross industry variation in the use of patents shouldn’t mean that we should just junk the patent system. As I said, the alternatives to go to a system of trade secrets which has very, I think, suboptimal social implications…
  • Dec 18

    The Disclosure Revolution – A Report from the Front, 2014

    The Disclosure Revolution – A Report from the Front, 2014
    The Disclosure Revolution is an ongoing process that has transformed patent law over the last couple of decades. While courts continue to say, “The claims define the invention,” decision after decision rewrites broad claim terms…
  • Dec 17

    USPTO Reduces Fees for Trademark Applications and Renewal

    USPTO Reduces Fees for Trademark Applications and Renewal
    Yesterday, as authorized by the AIA, the USPTO published the final rule in the Federal Register that will work to reduce certain trademark fees. As you might expect, the USPTO explained in the Federal Register Notice that ''All commenters…
Rank this Week: 246

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Dec 18

    The Relevance of Professionalism in a Post-Legal Services Act World

    The Relevance of Professionalism in a Post-Legal Services Act World
    Nick Robinson, When Lawyers Don’t Get All the Profits: Non-Lawyer Ownership of Legal Services, Access, and Professionalism (Harv. Law Sch. Prog. Legal Prof., Research Paper No. 2014-20), available at SSRN.John FloodTo…
  • Dec 17

    The IRS as Tax Law Nonenforcer

    The IRS as Tax Law Nonenforcer
    Lawrence Zelenak, Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke L.J. 829 (2012).Leigh OsofskyIn a recent essay, Custom and the Rule of Law in the Administration of the Income Tax, Larry Zelenak examines…
  • Dec 16

    Breaking the Deadlock in Bipartisan Election Administration

    Breaking the Deadlock in Bipartisan Election Administration
    Jennifer Nou, Sub-Regulating Elections, Sup Ct. Rev. (forthcoming 2014), available at SSRN.Bertrall RossWhat should courts do when bipartisan agencies deadlock on an interpretation of a statute? That conundrum recently…
Rank this Week: 269

PlagiarismToday

PlagiarismToday

Covers content theft, plagiarism, and copyright issues on the Web. By Jonathan Bailey.

http://www.plagiarismtoday.com
  • Dec 17

    Copyright 2.0 Show – Episode 351 – Sunk Pirate

    Copyright 2.0 Show – Episode 351 – Sunk Pirate
    The Pirate Bay closed in Swedish raid, sampling lawsuit against Jay Z dismissed and Actors Guild comes to the aid of Cindy Lee Garcia...
  • Dec 17

    3 Count: Genuine Improvement

    3 Count: Genuine Improvement
    Apple emerges victorious in iTunes DRM case, broadcasters try to halt sale of Aereo assets and U.S. artist accused of ripping off a French advertisement.
  • Dec 16

    3 Count: Burn Unit

    3 Count: Burn Unit
    Sirius XM suffers another setback in its case against The Turtles, Sweden released suspect in The Pirate Bay case and Google News shutters in Spain.
Rank this Week: 247

The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin, branding, replacement parts, famous marks, grey goods and Madrid Protocol. By Marty Schwimmer.

http://www.schwimmerlegal.com/
  • Nov 25

    ED VA Denies Blackhorse Motion to Dismiss In REDSKINS District Court Appeal

    ED VA Denies Blackhorse Motion to Dismiss In REDSKINS District Court Appeal
    You need a little background on this. There was an inter-partes proceeding before the Trademark Trial and Appeal Board, where the Blackhorse petitioners successfully petitioned the TTAB to cancel Pro-Football’s REDSKINS trademark on the…
  • Nov 24

    5000 Trademark Blog Post

    5000 Trademark Blog Post
    There have been 5000 posts on The Trademark Blog since May 2002. If your trademark attorney had read all 5000 posts, then they would be informed. If they had written all 5000 posts, then they would be me.
  • Nov 24

    Recent District Court Decision

    Recent District Court Decision
    Chanel, Inc. v. PUKA CREATION, CD Cal A 'by the books' counterfeiting TRO http://t.co/XQKI6Vt741 — TrademarkBlog (@TrademarkBlog) November 24, 2014 Couldn't concentrate on the discussion of damages, due to the din of Billy Preston…
Rank this Week: 292

QuestionCopyright.org

QuestionCopyright.org

Covers copyright and freedom-based distribution methods for artists.

http://questioncopyright.org/
  • Nov 1

    FSCONS 2014 Keynote: "Invisible Monopolies and the Language of Freedom"

    FSCONS 2014 Keynote: "Invisible Monopolies and the Language of Freedom"
    FSCONS 2014 in Göteborg, Sweden is wonderful: a whole conference of people deeply committed to freedom and actively implementing it. My keynote talk at 2pm today is entitled "Invisible Monopolies and the Language of Freedom"; clicking…
  • Oct 10

    Announcing BookLiberator Beta.

    Announcing BookLiberator Beta.
    Announcing BookLiberator Beta — the affordable, low-tech book digitizer that looks good in your living room or library, and can scan 600-900 pages per hour! Order now from our online store We're very…
  • Sep 19

    Copyright as Censorship in Science: Striped Nanoparticle Edition

    Copyright as Censorship in Science: Striped Nanoparticle Edition
    A band of researchers has been tirelessly trying to demonstrate that a body of scientific work which rests on a paper from over 10 years ago is completely wrong. The only problem is, their argument isn't being allowed to stand or fall on its…
Rank this Week: 280

Counterfeit Chic

Counterfeit Chic

Covers counterfeits and copycats in the fashion industry. By Susan Scafidi.

http://www.counterfeitchic.com/
  • Nov 26

    Studies in cyber shopping: MarkMonitor Shopping Report

    Studies in cyber shopping: MarkMonitor Shopping Report
    This year's Cyber Monday may be merely part of a cyber shopping season -- for the first time over half of American consumers shopped online during the holiday weekend -- but one thing hasn't changed: the counterfeiting conundrum we might call…
  • Nov 26

    Studies in cyber shopping: MarkMonitor Shopping Report

    Studies in cyber shopping: MarkMonitor Shopping Report
    This year's Cyber Monday may be merely part of a cyber shopping season -- for the first time over half of American consumers shopped online during the holiday weekend -- but one thing hasn't changed: the counterfeiting conundrum we might call…
  • Nov 7

    Of Burch battles, white bread, and wonder about WASP

    Of Burch battles, white bread, and wonder about WASP
    When Chris Burch's first C. Wonder store opened its lacquered lime-green doors, just around the corner from the distinctive lacquered orange doors of the original Tory Burch store, the visual association was striking.  The obvious question,…
Rank this Week: 306

IP Dragon

IP Dragon

Covers intellectual property in China.

http://ipdragon.blogspot.com/
  • Apr 24

    IP Dragon has found a new den: IPDRAGON.ORG

    IP Dragon has found a new den: IPDRAGON.ORG
    From now on, you can find new articles of IP Dragon on: ipdragon.org.So good bye to ipdragon.blogspot,com and hello ipdragon.org.All ipdragon.blogspot.com links will continue to be active, but will be redirected to ipdragon.orgAlso you…
  • Apr 7

    Constructed Knowledge Works Like a Red Flag To An Internet Intermediary

    Constructed Knowledge Works Like a Red Flag To An Internet Intermediary
     Shades of Red by Skram1 see ColourloversThe real question: "What shade of red will attract liability?"After publishing a draft of the copyright law, the National Copyright Administration comes now with a A Brief Explanation…
  • Mar 12

    Chinese Movie Posters Give You "Double Vision" Without The Alcohol

    Chinese Movie Posters Give You "Double Vision" Without The Alcohol
    Clone and OriginalThe silver screen is known to bring out the imagination of people. However, China's film industry has not given birth to a poster child of creativity, eyeing laboriously to any movie that has some measure of success, Chinese…
Rank this Week: 304

Technology & Marketing Law…

Technology & Marketing Law Blog

Covers Internet, technology and online marketing legal issues. Published by Santa Clara University School of Law Professor Eric Goldman.

http://blog.ericgoldman.org/
  • Dec 17

    eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon

    eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon
    Due to Section 230, eBay generally isn’t liable when its merchants sell problematic goods. I believe the earliest ruling establishing this proposition is Stoner v. eBay, a 2000 case over bootleg recordings. More recently, in 2011, a…
  • Dec 16

    First Amendment Bars School Discipline For Student’s Rap Video About School Coache

    First Amendment Bars School Discipline For Student’s Rap Video About School Coache
    Bell was a student at Itawamba Agricultural High School in Fulton, Mississippi. A few female students told Bell that two male athletic coaches had made inappropriate comments toward them. Bell, an aspiring rapper, made a video about the two…
  • Dec 15

    Lawyer Disciplined for Sending Facebook Message to Adverse Party

    Lawyer Disciplined for Sending Facebook Message to Adverse Party
    An 18 year old had sex with a co-worker and ended up pregnant. She gave up the baby for adoption, but the biological father did not consent. The mother had signed an adoption consent form. Prior to the date of...
Rank this Week: 349

Indiana Intellectual Property…

Indiana Intellectual Property Lawyer Blog

Covers trademark, patent and copyright infringement. By Overhauser Law Offices, LLC.

http://www.iniplaw.org/
Rank this Week: 325

Revista Mi Patente

Revista Mi Patente

Una revista especializada en temas de propiedad intelectual, de contenido ágil y propositivo que gira en torno a las ideas que se convierten en negocios, desde su transformación, administración, protección y cuidado; así como las noticias más importantes que se desarrollan en el entorno.

http://www.mipatente.com/
  • Dec 6

    SIC avaló tres patentes en la industria gráfica

    SIC avaló tres patentes en la industria gráfica
    La Superintendencia de Industria y Comercio (SIC), acreditó tres patentes de la empresa de la industria gráfica ABC Displays. Las patentes corresponden a los productos Sistema expandible Decoración Punta de…
  • Dec 6

    Diputado resalta importancia de patentes para la ciencia

    Diputado resalta importancia de patentes para la ciencia
    A fin de fomentar el número de patentes en el país y generar incentivos para la actividad científica, es necesario reformar la Ley de Ciencia y Tecnología, así como la Ley de Responsabilidades…
  • Dec 5

    Samsung Apela la Indemnización de 930 Millones a Apple por Violación de Patente

    Samsung Apela la Indemnización de 930 Millones a Apple por Violación de Patente
    En uno de tantos frentes abiertos en los tribunales, muchos de ellos por violación de patentes, la surcoreana fue condenada a pagar a Apple la friolera de 930 millones de dólares a principios de este mismo año. Ahora…
Rank this Week: 315

Los Angeles Intellectual Property…

Los Angeles Intellectual Property Trademark Attorney Blog

Includes topics such as copyright litigation, licensing, patent litigation, TTAB, trademark applications, and trademark litigation. By Los Angeles, California intellectual property lawyer, Milord A. Keshishian.

http://www.iptrademarkattorney.com/
  • Jul 15

    Karaoke Bar Fight! Elohim EPF & Ratt Sue Numerous Bars For Copyright Infringement

    Karaoke Bar Fight! Elohim EPF & Ratt Sue Numerous Bars For Copyright Infringement
    The U.S. music sub-publisher of Korean music publishers has filed copyright infringement lawsuits against several karaoke bars in Los Angeles and Korea town. I’m not sure how popular the 80’s glam-metal-hair-band Ratt is in Korean karaoke…
  • Jul 7

    Kendrick Lamar Sued For Infringing Music Copyrights In Rigamortus Song

    Kendrick Lamar Sued For Infringing Music Copyrights In Rigamortus Song
    Kendrick Lamar’s hit song “Rigamortus” may be DOA because he is accused of blatantly copying the music from “The Thorn.” Composer, musician, and recording artist Eric S. Reed composed “The Thorn” in 2009 for Willie Jones III’s…
  • Jul 1

    Levi’s Trademark Infringement Lawsuit Against Stussy’s Jeans Is Not Horseplay

    Levi’s Trademark Infringement Lawsuit Against Stussy’s Jeans Is Not Horseplay
    Levi Strauss & Co. has been making jeans forever and owns some of the earliest trademarks registered at the U.S. Patent & Trademark Office. The trademarks at issue involve Levi’s two-horses pulling on a pair of jeans design, one…
Rank this Week: 347

IP in Brief

IP in Brief

Comments on developments in copyright and trademark law. By Andrew Berger.

http://www.ipinbrief.com
  • Jul 24

    Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law

    Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law
       Introduction by Andrew Berger I am pleased to introduce Robert Cumming who I have enjoyed meeting at INTA and whose blog posts at.www.robertcumming.eu I read with interest. Robert is an experienced IP lawyer with Appleyard Lees,…
  • May 30

    Determing Genuine Use of a CTM in the EU after ONEL

    Determing Genuine Use of a CTM in the EU after ONEL
      Another issue that came up in a Table Topics discussion I moderated at INTA earlier this month was what constitutes genuine use sufficient to sustain a CTM In the the European Union (EU). We briefly touched on Merken v. Beheer (better…
  • May 22

    Translating IP Translator For US Mark Holders Filing in Europe

    Translating IP Translator For US Mark Holders Filing in Europe
    I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the issues that came up was the case of Chartered Institute of…
Rank this Week: 329

China Hearsay

China Hearsay

Covers China law, business and economics. By Stan Abrams.

http://www.chinahearsay.com/
  • Dec 15

    If you ask me, singing the national anthem at a we…

    If you ask me, singing the national anthem at a we…
    If you ask me, singing the national anthem at a wedding or funeral is super creepy, so no big loss here. cnn.it/1AbtifJ © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to del.icio.us Post tags:
  • Dec 15

    China says U.S. appropriations bill violates rules…

    China says U.S. appropriations bill violates rules…
    China says U.S. appropriations bill violates rules | Reuters yhoo.it/1AbsxTU — no doubt there is some protectionism here © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to del.icio.us Post tags:
  • Dec 15

    Why China’s faltering fight against ‘tea money’ is…

    Why China’s faltering fight against ‘tea money’ is…
    Why China’s faltering fight against ‘tea money’ is not all bad news | CNN cnn.it/1AblCKq — sounds reasonable © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to del.icio.us Post tags:
Rank this Week: 371

Excess Copyright

Excess Copyright

Covers the harm of excess copyright enforcement. By Howard Knopf.

http://excesscopyright.blogspot.com/
Rank this Week: 404

All Things Pros

All Things Pros

A patent prosecution blog, with in-depth discussion of decisions by the Board of Patent Appeals and Interferences (BPAI), prosecution strategies, and PTO procedures. By Karen Hazzah.

http://allthingspros.blogspot.com/
Rank this Week: 390

Lightbulb Blog by Dilanchian

Lightbulb Blog by Dilanchian

Covers intellectual property law and business law from an Australian perspective. Published by Dilanchian Lawyers and Consultants.

http://www.dilanchian.com.au
  • Dec 9

    Social media and the law - book review

    Social media and the law - book review
    Social media is an inevitable and integral part of the lives of most individuals around the world seeking to communicate and share information. In terms of businesses and other organisations, social media is  largely a marketing channel…
  • Nov 26

    Why collaboration contracts are popular

    Why collaboration contracts are popular
    Business owners and executives worry when fortunes decline as competitors enter their former stable market. They worry over fewer calls from customers, lower sales and their best staff leaving one after another. The response is typically cost…
  • Nov 18

    Copyright's label exception to parallel importation

    Copyright's label exception to parallel importation
    The introduction in 2003 of section 44C and related sections amended the Copyright Act 1968 (Cth) to block the proliferation in parallel importation circumstances of silly claims to copyright in mere product labels. Parallel importation is…
Rank this Week: 410

IP Notiz

IP Notiz

Covers intellectual property law rights in Germany.

http://www.ip-notiz.de
  • Nov 28

    Es weihnachtet schon!

    Es weihnachtet schon!
    Endlich Weihnachtsfeier…!!
  • Nov 26

    Plagiate hier bestellen

    Plagiate hier bestellen
    Meissen-, Chancel- und andere Markenprodukte deutlich günstiger als im Laden! http://www.plagiate-shop.de Einfach mal reinschauen in den Shop. Es lohnt sich.  
  • Sep 3

    IP|Rezension: Rehmann, Designrecht

    IP|Rezension: Rehmann, Designrecht
    Beck veröffentlicht die 2. Auflage des Designrechts-Buchs von Rehmann. Das ist, neun Monate nach dem Gesetz zur Modernisierung des Geschmacksmustergesetzes, allerhöchste Eisenbahn, wenn nicht gar zu spät. Andererseits muss das…
Rank this Week: 407

Recording Industry vs The People

Recording Industry vs The People

Covers the RIAA's lawsuits of against ordinary working people.

http://recordingindustryvspeople.blogspot.com/
  • Sep 29

    Individual defendants found liable in Grooveshark case

    Individual defendants found liable in Grooveshark case
    In UMG Escape Media, the Court has granted summary judgment finding the individual defendants to be liable for copyright infringement. September 29, 2014, decision granting summary judgment against individual defendants Ray Beckerman, P.C.
  • Sep 29

    New ruling in Capitol v MP3Tunes, reduces punitive damages, denies Robertson motion for new trial

    New ruling in Capitol v MP3Tunes, reduces punitive damages, denies Robertson motion for new trial
    In Capitol Records v. MP3Tunes, the Judge has denied individual defendant Michael Robertson's motion for a new trial, but reduced the punitive damages award on the state law claims for pre-1972 recordings. September 29, 2014, Decision,…
  • Jun 13

    2nd Circuit OK's scanning whole books for research as fair use in Authors Guild v HathiTrust

    2nd Circuit OK's scanning whole books for research as fair use in Authors Guild v HathiTrust
    In Authors Guild v. HathiTrust, the US Court of Appeals has ruled that scanning whole books for research purposes is fair use. In HathiTrust, a group of universities took digital scans prepared by Google and stored them in a "digital…
Rank this Week: 420

The Invent Blog

The Invent Blog

Covers case law, inventors, patents and the USPTO. By Stephen M. Nipper.

http://blogs.bnip.com/tib/
  • Sep 23

    USPTO First To File Roadshow

    USPTO First To File Roadshow
    Via this USPTO webpage: The USPTO will be hosting seven half-day roadshows across the country during September-October 2014 to increase the understanding of the First Inventor to File (FITF) provisions of the America Invents Act (AIA). In…
  • Sep 22

    Adobe Acrobat Tips for Patent and Trademark Practitioner

    Adobe Acrobat Tips for Patent and Trademark Practitioner
    Here are some helpful posts for patent and trademark practitioners on the use of Adobe Acrobat: Acrobat for Legal Professionals Blog (ALPB) on Converting Color PDFs to Greyscale or Black and White. ALPB on Converting Color PDF to Greyscale…
  • Sep 12

    Free/Low Cost IP Statute Supplement

    Free/Low Cost IP Statute Supplement
    It used to be that almost every intellectual property attorney would personally have a printed copy of all of the U.S. patent, trademark and copyright statutes sitting on their desk. Every year, a new edition would be bought to replace the…
Rank this Week: 399

The Prior Art

The Prior Art

One reporter's notes on the IP beat. By Joe Mullin.

http://thepriorart.typepad.com/the_prior_art/
  • Jul 1

    With $4.5 Billion Bid, Group Led by Apple and Microsoft Claims Nortel Patent

    With $4.5 Billion Bid, Group Led by Apple and Microsoft Claims Nortel Patent
    In a patent auction unprecedented in size and scope, a consortium of high-tech heavyweights banded together to buy Nortel Networks Corporation's trove of more than 6,000 remaining patent assets for a record-shattering $4.5 billion.
  • Jun 21

    Hangover Cure: Warner Bros. Settles Copyright Suit Over Tyson Tattoo

    Hangover Cure: Warner Bros. Settles Copyright Suit Over Tyson Tattoo
    By Andrew Goldberg It looks like the tattoo on Ed Helms's face in The Hangover Part II is there to stay after all.  Warner Bros. has inked a deal to settle the copyright infringement suit brought by S. Victor Whitmill, the tattoo artist who…
  • Jun 10

    This Week in IP: Apps, Tats, and Patent Reform Hits a New Snag

    This Week in IP: Apps, Tats, and Patent Reform Hits a New Snag
    By Andrew Goldberg Apple Steps in for App Developers Good news for app developers and iPhone users! Apple has decided to intervene on behalf of the seven iOs app developers sued for patent infringement by Texas-based patent-holding company…
Rank this Week: 391

I/P Updates

I/P Updates

Offers news and information for intellectual property practitioners. By William F. Heinze.

http://ip-updates.blogspot.com/
  • Aug 30

    46th Annual Corporate Patent Seminar

    46th Annual Corporate Patent Seminar
    Registration is now open for the 46th Annual Corporate Patent Seminar in Austin, Texas on November 14-16th. Past participants have included representatives from Procter & Gamble, Caterpillar, SC Johnson, Pfizer, Eli Lilly and others.
  • Jun 7

    Marking Not Required for Notice in Process or Method Claim

    Marking Not Required for Notice in Process or Method Claim
    In Crown Packaging Technology, Inc.
  • Mar 3

    Fair Use Doctrine Under U.S. Copyright Law

    Fair Use Doctrine Under U.S. Copyright Law
    Authors rights under copyright law are subject to certain limitations, including the doctrine of “fair use” that was developed through a substantial number of court decisions over the years and has been codified in section 107 of …
Rank this Week: 396

Hollywood, Esq.

Hollywood, Esq.

Focuses on how the entertainment and media industries are impacted and influenced by the law. From The Hollywood Reporter.

http://www.hollywoodreporter.com/blogs/thr-esq
Rank this Week: 490

Chicago IP Litigation Blog

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. By R. David Donoghue.

http://www.chicagoiplitigation.com/
  • Dec 17

    Court Sua Sponte Strikes Portions of Answer

    Court Sua Sponte Strikes Portions of Answer
    Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court…
  • Dec 12

    District Court Claim Constructions Not Controlling

    District Court Claim Constructions Not Controlling
    Costar Realty Info., Inc. v. CIVIX-DDI, LLC, Nos. 12 C 4968, 7091 & 8632, Slip Op. (N.D. Ill. Sep. 23, 2013) (Holderman, Sen. J.). Judge Holderman construed the disputed claim terms in this patent case involving methods of locating points…
  • Dec 10

    Nominative Fair Use Not Decided on Motion to Dismi

    Nominative Fair Use Not Decided on Motion to Dismi
    Slep-Tone Ent. Corp. v. Elmwood Enterprises, Inc., No. 13 C 7346, Slip Op. (N.D. Ill. Apr. 21, 2014) (Lefkow, J.). Judge Lefkow denied defendant Elmwood’s Fed. R. Civ. P. 12(b)(6) & (7) motion to dismiss plaintiff Slep-Tone’s…
Rank this Week: 504

Awapatent IP blog

Awapatent IP blog

Covers intellectual property news.

http://www.awapatentipblog.com/
  • Dec 16

    The UPCA Opt-in/Pin-out scenario

    The UPCA Opt-in/Pin-out scenario
    The Unified Patent court agreement (UPCA) has been ratified in 2014 by both Denmark and Sweden, so even if the actual advent of the unitary patent and UPC is still some way off, potential patent rights holders in the two countries should…
  • Dec 4

    Winning and losing – The battle of the Jensen

    Winning and losing – The battle of the Jensen
    A decision from the Danish Supreme Court arose the public’s anger in September 2014 even though the decision – in my opinion – is correct. The Danish restaurant chain Jensen’s Bøfhus claimed that Sæby…
  • Nov 26

    Trademarks: Device elements – no longer a safe path to registration

    Trademarks: Device elements – no longer a safe path to registration
    For many years, adding device elements to descriptive words included in trademarks has been sufficient for obtaining distinctiveness – non-distinctive words could be registered if only a device element was added. Of course, the…
Rank this Week: 506

Patent Prospector

Patent Prospector

Offers an open forum for patent practitioners. Sponsored by Patent Hawk.

http://www.patenthawk.com/blog/
  • Dec 10

    Horrid Host

    Horrid Host
    DDR Holdings v. Hotels.com illustrates the incompetence and caprice of Federal courts in handling patent cases. Asserted claims in 6,993,572 & 7,818,399 were found valid and infringed by a jury. District court Judge Rodney Gilstrap in…
  • Nov 23

    Bad Injector

    Bad Injector
    "Antares is a developer of automatic injection devices used to self-administer pharmaceuticals." It got a patent (7,776,015) that it wanted broadened under reissue (35 U.S.C. § 251), as it had not bothered to file a continuation.…
  • Nov 23

    Stay

    Stay
    Verstata asserted software patents against rival Callidus, which counterclaimed with its own patents. Callidus filed limited reexamination proceedings against the Verstata patents, and asked the court for a stay pending reexam. The…
Rank this Week: 474

Social Media & Games Law Blog

Social Media & Games Law Blog

Covers virtual worlds and social media issues. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.socialgameslaw.com/
  • Nov 14

    Court Finds Poker Game Management Patents Valid Under Section 101

    Court Finds Poker Game Management Patents Valid Under Section 101
    In denying a motion for summary judgment of invalidity under Section 101, the court stated: "An inability to articulate an abstract idea to which claims are directed may be a clue that those claims satisfy Section 101." The patent claims at…
  • Nov 5

    Another Court Declares Terms of Service Provisions Unenforceable - Are Yours?

    Another Court Declares Terms of Service Provisions Unenforceable - Are Yours?
    Too many companies/lawyers treat website Terms of Service (TOS) as boilerplate agreements that no one reads. Many companies simply put a link at the bottom of the homepage. This approach continues to prove ineffective, as courts are…
  • Oct 17

    Lawsky Comments on Update to NY Bitlicense Regulation

    Lawsky Comments on Update to NY Bitlicense Regulation
    In comments on October 14, 2014, Ben Lawsky commented on changes to the proposed bitlicense regulations. The main points he made were these:Regarding who will be required to obtain a bitlicense, he said the focus will be financial…
Rank this Week: 489

IP Insiders

IP Insiders

Covers intellectual property litigation news.

http://ipinsiders.com/profiles/blog/list
Rank this Week: 452

Trade Secrets Blog

Trade Secrets Blog

Covers trade secrets and trade legislation with a focus on the Southeastern states. By Press Millen and Todd Sullivan of Womble Carlyle.

http://wombletradesecrets.blogspot.com/
  • Sep 17

    Trade Secrets of the Assault Rifle

    Trade Secrets of the Assault Rifle
    From the Daytona Beach News-Journal of Florida, a Florida contribution to the evolving role of trade secrets, concerning old-fashioned stealing, a vendetta against a former employee, and, of course, assault weapons. The paper reports that two…
  • Sep 10

    Uncle Sam’s Economic Espionage – Not Looking for Your Trade Secret

    Uncle Sam’s Economic Espionage – Not Looking for Your Trade Secret
    From India’s Business Standard, a report on the comforting information, I guess, that the NSA’s collection of information from private companies is not looking for trade secrets, but only following terror money as it moves around…
  • Aug 23

    John Deere in Trade Secrets Dispute with Former Factory General Manager

    John Deere in Trade Secrets Dispute with Former Factory General Manager
    From the Business Section of the Waterloo Cedar Falls (IA) Courier, a story concerning a trade secrets case by agricultural equipment maker Deere & Co. against the long-time general manager of its largest combine factory. Deere is seeking…
Rank this Week: 513

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
  • Dec 18

    Customized Advertising Patent Invalid Under Alice

    Customized Advertising Patent Invalid Under Alice
    The court granted defendant's motion for summary judgment that plaintiff's customizable advertising patent was invalid for lack of patentable subject matter. "[T]he specification . . . makes clear that a primary potential use of the system is…
  • Dec 17

    Financial Transaction Security Patent Invalid Under Alice

    Financial Transaction Security Patent Invalid Under Alice
    The court granted defendant's motion for summary judgment that plaintiff's financial transaction security patent was invalid for lack of patentable subject matter because the claims were not limited by an inventive concept. "[P]laintiff…
  • Dec 16

    Defendant Sanctioned $10,000 for "First Option" Rule 11 Motion

    Defendant Sanctioned $10,000 for "First Option" Rule 11 Motion
    The court sua sponte sanctioned defendant $10,000 for its unsuccessful early motion for Rule 11 sanctions. "The Court looks with particular skepticism on sanctions motions brought immediately after joining issue and well before any type of…
Rank this Week: 668