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Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Apr 17

    * 17 Seconds #35 – Whitelist us please!

    * 17 Seconds #35 – Whitelist us please!
    We’re here to help. By Erik J. Heels First published 4/17/2017; ErikJHeels.com; publisher: GiantPeople. While the open rate for Clocktower Law’s emails (like this one) is twice industry average, we are not satisfied. It has come…
  • Mar 17

    * 17 Seconds #34 – Is your startup having an IP mid-life crisis?

    * 17 Seconds #34 – Is your startup having an IP mid-life crisis?
    It just takes longer because I’m Middle-Aged Man! By Erik J. Heels First published 3/17/2017; ErikJHeels.com; publisher: GiantPeople. That, of course, is a reference to the 1990s SNL “Middle-Aged Man Superhero” sketch by…
  • Feb 17

    * 17 Seconds #33 – Hire my brother Mark Heels (and I will owe you a favor)

    * 17 Seconds #33 – Hire my brother Mark Heels (and I will owe you a favor)
    Nepotism is a good deal if you can get it, but we’re not hiring at the moment. By Erik J. Heels First published 2/15/2017; ErikJHeels.com; publisher: GiantPeople. One of the things I love about running my own law firm is the flexible…
Rank this Week: 43

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Apr 26

    On-line paraphrasing software and "word salads"

    On-line paraphrasing software and "word salads"
    In the short blip about "plagiarism" by then-Judge Gorsuch, one issue was that theJudge cited fundamental references, rather than later references which citedthe fundamental references.A more recent post on the problem of on-line paraphrasing…
  • Apr 25

    Duke University v. Biomarin. Duke saves two claims on appeal.

    Duke University v. Biomarin. Duke saves two claims on appeal.
    In Duke University v. Biomarin (2016-1106), one has a pharma company bringing anIPR against a university, and the university appealing an unfavorable result to the CAFC.Duke was able to save two claims:Duke University (“Duke”)…
  • Apr 25

    New study suggests role of protein Rab32 in multiple sclerosi

    New study suggests role of protein Rab32 in multiple sclerosi
    Of new work by Professor Paul Eggleton and colleagues in multiple sclerosis, Science Daily reported on 24 April 2017:The joint Exeter-Alberta research team was the first to combine clinical and laboratory experiments to explain how…
Rank this Week: 51

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Apr 26

    Happy World IP Day!

    Happy World IP Day!
    The AmeriKat is currently writing this post at 37,000 feet somewhere off the east coast of the US. As eye-rolling as this may sound, she loves these moments where she can look towards the horizon and ponder on the various things going on in…
  • Apr 26

    Varsity Brands and Star Atheltica - A Closer Look

    Varsity Brands and Star Atheltica - A Closer Look
    Varsity Brands' registered copyright worksIn March the IPKat reported the breaking news that the long awaited US Supreme Court decision in Star Athletica v Varsity Brands had finally come out.Now, in the words,…
  • Apr 26

    BREAKING: CJEU in Filmspeler rules that the sale of a multimedia player is a ‘communication to the public’

    BREAKING: CJEU in Filmspeler rules that the sale of a multimedia player is a ‘communication to the public’
    Did you think that the story with copyright, linking, and the right of communication to the public was over? Of course not.Today the Court of Justice of the European Union (CJEU) issued its long-awaited [even more keenly awaited is…
Rank this Week: 72

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Apr 26

    What is IP For? Experiments in Lay and Expert Perception

    What is IP For? Experiments in Lay and Expert Perception
    I just read an interesting short article from Prof Gregory Mandel (Temple) titled What is IP For? Experiments in Lay and Expert Perceptions [available here].  Part of the papers includes survey results from both lay individuals and…
  • Apr 26

    PTAB Must Justify Each of its Obviousness Conclusion

    PTAB Must Justify Each of its Obviousness Conclusion
    Securus Tech v. Global Tel*Link (Fed. Cir. 2017) (IPR2014-01278) (Pat. No. 7,860,222) In this nonprecedential decision by Judge Chen, the Federal Circuit has partially-vacated and remanded – finding that the Board (PTAB) had failed…
  • Apr 26

    WIPO World IP Day

    WIPO World IP Day
    Celebrate!
Rank this Week: 85

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 114

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/
  • Apr 26

    Biological and Social Approaches to the LGBT Family

    Biological and Social Approaches to the LGBT Family
    Michael Boucai, Is Assisted Reproduction an LGBT Right?, 2016 Wisc. L. Rev. 1065 (2017).Douglas NeJaimeFor decades, same-sex couples have made claims—in both politics and law—to parenthood. Many of these claims relate to the…
  • Apr 25

    The Staying Power of Injustice and the Prolonged History of the Trafficking of Indian Children in The Other Slavery

    The Staying Power of Injustice and the Prolonged History of the Trafficking of Indian Children in The Other Slavery
    Andrés Reséndez, The Other Slavery: The Uncovered Story of Indian Enslavement in America (2016), available at Amazon.Ann TweedyThe Other Slavery: The Uncovered Story of Indian Enslavement in America is a devastating encyclopedic…
  • Apr 24

    A Well-Pleaded Argument

    A Well-Pleaded Argument
    Lonny Hoffman, Plausible Theory, Implausible Conclusions, 83 U. Chicago L. Rev. Online 143 (2016).Elizabeth G. ThornburgI should start by putting my own bias on the table: I think the changes to pleading standards brought about by Twombly and…
Rank this Week: 105

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Apr 24

    Here’s to Calling the Kettle, Brand Too?

    Here’s to Calling the Kettle, Brand Too?
    The teapot read my post from last week and is not only calling the kettle black, but brand too: So, we’ll have to see whether saying it’s so makes it so, after we stir the pot a bit, of course. Like the previous Virginia Brand ham…
  • Apr 21

    Blizzard v. Bossland: Game Over for Video Game Botting?

    Blizzard v. Bossland: Game Over for Video Game Botting?
    I’m a rules follower. Going back to the days of the Game Genie—a device that allowed gamers to play Super Mario Bros. with infinite lives or the Legend of Zelda with infinite bombs—I have always preferred the satisfaction of…
  • Apr 20

    While the Slants are in the Spotlight, Chief Wahoo is on Deck

    While the Slants are in the Spotlight, Chief Wahoo is on Deck
    Throughout the past decade, attorneys, judges, plaintiffs, and defendants have invested thousands of hours in the fight over offensive trademarks. Most of the public is aware of the controversy surrounding the Washington Redskins, who…
Rank this Week: 102

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: 146

Copyright, Intellectual Property,…

Copyright, Intellectual Property, Computer, Internet, e-Commerce Law

Covers IP/IT law, with a strong focus on copyright and internet law. By Barry Sookman.

http://www.barrysookman.com
Rank this Week: 139

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Apr 25

    Tomorrow, April 26: Day One of the 11th Annual Intellectual Property Law Institute

    Tomorrow, April 26: Day One of the 11th Annual Intellectual Property Law Institute
    And I’ll be there!  Not just there but “keynote luncheon speaker” there.  Here:   Pretty sure you can still register.  Not clear on why you wouldn’t!
  • Apr 21

    When Fakery Turns Fatal

    When Fakery Turns Fatal
    Originally posted 2011-02-13 19:15:20. Republished by Blog Post PromoterThe New York Times reports about an aspect of trademark enforcement which, among the disputes over rent-seeking and IP overreach, is often...
  • Apr 21

    Conoce a los bloggers – INTA Barcelona 2017

    Conoce a los bloggers – INTA Barcelona 2017
    Ay, Dios mio… viviendo el sueño.  ¿Es realmente posible en nuestro mundo tanto triste y prosaico? ¡Di me, Elvis!  ¡Di me la verdad! Yes, yes, yes! The trademark bloggers are...
Rank this Week: 127

Software Intellectual Property…

Software Intellectual Property Report

Covers the places where software intersects the law of intellectual property. By Charles A. Bieneman.

http://swipreport.com/
  • Apr 24

    E.D. Texas Splits Patent-Eligibility of E-Mail Patent

    E.D. Texas Splits Patent-Eligibility of E-Mail Patent
    Considering two patents directed to e-mail applications, Judge Gilstrap of the Eastern District of Texas deferred a patent-eligibility determination of one of the patents as premature prior to claim construction, but held that claim…
  • Apr 23

    Software’s Capability to Infringe Is Not Patent Infringement

    Software’s Capability to Infringe Is Not Patent Infringement
    A claim for direct patent infringement could not be sustained where Microsoft software, even under the plaintiff’s theory of infringement, would have required additional user configuration before all claim elements were met. …
  • Apr 21

    Broad Estoppel for IPR Petitioner Asserting Prior Art in District Court

    Broad Estoppel for IPR Petitioner Asserting Prior Art in District Court
    Uncertainty over IPR estoppel continues. In Douglas Dynamics, LLC v. Meyer Products LLC, the Western District of Wisconsin recently ruled that grounds of invalidity left out of a petition for inter partes review are estopped and cannot be…
Rank this Week: 136

The University of Chicago Law…

The University of Chicago Law School Faculty Podcast

Listen to lectures by and discussions with the faculty of the University of Chicago Law School.

https://soundcloud.com/uchicagolaw
  • Apr 21

    To POE or Not to POE: The Proper Evidentiary Standard for Campus Sexual Misconduct (A Debate)

    To POE or Not to POE: The Proper Evidentiary Standard for Campus Sexual Misconduct (A Debate)
    Featuring Professors Nancy Chi Cantalupo, Katharine Baker, Daniel Hemel, and Richard Epstein. Moderated by Professor Emily Buss. Presented by the Domestic and Sexual Violence Project, Defenders, Law Women's Caucus, Education and Child…
  • Mar 7

    Gillian Thomas, "Title VII and Women in the Workplace"

    Gillian Thomas, "Title VII and Women in the Workplace"
    Gillian Thomas, staff attorney at the ACLU Women's Rights Project, will discuss issues in her recently-published book, Because of Sex: One Law, Ten Cases, and Fifty Years about Title VII and its effects for women in the workplace. The book…
  • Feb 28

    Anthony J. Casey, "The Short Happy Life of Rules and Standards"

    Anthony J. Casey, "The Short Happy Life of Rules and Standards"
    The choice between rules and standards in lawmaking is a central question. But the line between the two forms is not as clear as most scholars presume. This talk argues that the lack of a coherent unifying principle in the…
Rank this Week: 137

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Apr 26

    Internet surveys are admissible (but may raise IRB concerns)

    Internet surveys are admissible (but may raise IRB concerns)
    Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017)Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress…
  • Apr 26

    4th Cir. affirms dismissal where P didn't allege specific lost consumers or quantify lost sale

    4th Cir. affirms dismissal where P didn't allege specific lost consumers or quantify lost sale
    Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc., --- Fed.Appx. ----, 2017 WL 1437215, No. 16-1819 (4th Cir. Apr. 24, 2017)The court of appeals affirmed the dismissal of Wall’s complaint for false…
  • Apr 25

    My IP collection widen

    My IP collection widen
    Today: Lardashe jeans--it's quite possible they'd even fit me:Jordache Enters. v. Hogg Wyld (10th Cir. 1987)http://tushnet.blogspot.com/feeds/posts/default?alt=r
Rank this Week: 160

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Apr 26

    TTAB Reverses 2(d) Refusal of ARC: Different Services and Channels of Trade, Sophisticated Purchaser

    TTAB Reverses 2(d) Refusal of ARC: Different Services and Channels of Trade, Sophisticated Purchaser
    The Board reversed a Section 2(d) refusal of the mark shown below, for "litigation support services provided exclusively to law firms, namely, conducting electronic legal discovery in the nature of reviewing e-mails and other electronically…
  • Apr 25

    WYHA? NANOCHIP Merely Descriptive of RFID Tags, Says TTAB

    WYHA? NANOCHIP Merely Descriptive of RFID Tags, Says TTAB
    The USPTO refused registration of the mark NANOCHIP, finding it merely descriptive of "radio frequency identification (RFID) tags." Examining Attorney Sophia S. Kim maintained that the mark immediately describes a feature or characteristic of…
  • Apr 24

    TTAB Reverses False Association Refusal of ME AND THE MOUSE TRAVEL & Design

    TTAB Reverses False Association Refusal of ME AND THE MOUSE TRAVEL & Design
    The Board reversed a Section 2(a) refusal of the mark shown below for travel agency services, rejecting the USPTO's contention that the mark includes matter that falsely suggests an association with Disney Enterprises, Inc. The evidence…
Rank this Week: 154

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Apr 25

    Supreme Court Preview -- Sandoz Inc. v. Amgen Inc. -- 180 Day Notice of Commercial Marketing Provisions of BPCIA

    Supreme Court Preview -- Sandoz Inc. v. Amgen Inc. -- 180 Day Notice of Commercial Marketing Provisions of BPCIA
    By Kevin E. Noonan -- On Wednesday, April 26, the Supreme Court will hear oral arguments in Sandoz Inc. v. Amgen Inc, involving interpretation for the first time of the Biologics Price Competition and Innovation Act ("BPCIA"), which was…
  • Apr 24

    Supreme Court Preview -- Sandoz Inc. v. Amgen Inc.

    Supreme Court Preview -- Sandoz Inc. v. Amgen Inc.
    By Andrew Williams -- On Wednesday, April 26, the Supreme Court will hear oral arguments in the Sandoz Inc. v. Amgen Inc. case. This case involves the interpretation of the Biologics Price Competition and Innovation Act ("BPCIA"), which will…
  • Apr 23

    Ali v. Carnegie Institution of Washington (Fed. Cir. 2017)

    Ali v. Carnegie Institution of Washington (Fed. Cir. 2017)
    By Kevin E. Noonan -- It has been the experience of more than a few first-year law students taking Civil Procedure I that the only correct answer to a complex procedural problem is that there is no way for a plaintiff to bring suit. The…
Rank this Week: 198

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/
  • May 4

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar
    On May 8, 2015, I have the pleasure of speaking at Bridgeport Continuing Education's "Trade Secret and Employee Mobility" seminar. For a list of the distinguished speakers and topics, click here . I will be speaking about the intersection…
  • May 4

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar
    On May 8, 2015, I have the pleasure of speaking at Bridgeport Continuing Education's "Trade Secret and Employee Mobility" seminar. For a list of the distinguished speakers and topics, click here . I will be speaking about the…
  • May 4

    I’m Speaking At Bridgeport’s Trade Secrets CLE Seminar

    I’m Speaking At Bridgeport’s Trade Secrets CLE Seminar
    On May 8, 2015, I have the pleasure of speaking at Bridgeport Continuing Education’s “Trade Secret and Employee Mobility” seminar. For a list of the distinguished speakers and topics, click here . I will be speaking about…
Rank this Week: 187

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 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…
Rank this Week: 169

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: 159

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
Rank this Week: 280

IPWatchdog

IPWatchdog

Offers insights on current developments in the intellectual property space, and discusses patent, trademark, trade secret and copyright information and news.

http://www.ipwatchdog.com/
  • Apr 26

    The Top 3 Reasons the U.S. Patent System in Decline

    The Top 3 Reasons the U.S. Patent System in Decline
    Concerns over software and biotechnological innovations being patent eligible, the omnipresent threat of patent reform that could make it even more difficult to enforce the patent property right, and no clear path to a philosophical or…
  • Apr 26

    Why the Unified Patents Model Would Not Work in China

    Why the Unified Patents Model Would Not Work in China
    Unified Patents is a relatively new form of patent troll that works as a “Troll of Trolls” or “ToT.” They file IPRs (inter-partes reexamination requests) to kill patents. While they purport to only attack “bad…
  • Apr 26

    Congress seeks to make Register of Copyrights a Presidential Appointment

    Congress seeks to make Register of Copyrights a Presidential Appointment
    H.R. 1695 would amend 17 U.S.C. 701. Currently, the Register of Copyrights is appointed by the Librarian of Congress, and acts under the Librarian’s direction and supervision. That would change if and when H.R. 1695 becomes the law of…
Rank this Week: 224

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Apr 26

    Why Bing’s DMCA Form is Better Than Google’

    Why Bing’s DMCA Form is Better Than Google’
    Google and Bing both require DMCA filers to use a form, however, only one of them put any time or thought into that form. The post Why Bing’s DMCA Form is Better Than Google’s appeared first on Plagiarism Today.
  • Apr 26

    3 Count: GoFundPlagiarism?

    3 Count: GoFundPlagiarism?
    Michelle Obama mural sparks allegations fo plagiarism, RIAA follows in BMG's footsteps and sues an ISP and school district employee sues over software. The post 3 Count: GoFundPlagiarism? appeared first on Plagiarism Today.
  • Apr 24

    3 Count: Lost in Translation

    3 Count: Lost in Translation
    Abbott and Costello heirs petition Supreme Court in case over Who's on First, fansubs ruled illegal in the Netherlands and John Deere takes DMCA spotlight. The post 3 Count: Lost in Translation appeared first on Plagiarism Today.
Rank this Week: 305

The 1709 Blog

The 1709 Blog

Covers all things copyright, warts and all.

http://the1709blog.blogspot.co.uk/
  • Apr 26

    CJEU in Filmspeler rules that the sale of a multimedia player is a ‘communication to the public’

    CJEU in Filmspeler rules that the sale of a multimedia player is a ‘communication to the public’
    This update from Eleonora Rosati writing on the IPKat Did you think that the story with copyright, linking, and the right of communication to the public was over? Of course not.Today the Court of Justice of the…
  • Apr 24

    Introducing our New Guest Blogger

    Introducing our New Guest Blogger
    David LiaoWe are delighted to announce that David Liao and Tibbie McIntyrehave joined our team as guest bloggers. Tibbie McIntyreOur readers have already had the opportunity to read their posts, as David and Tibbie have been interningwith us…
  • Apr 24

    Higher Regional Court of Düsseldorf applies CJEU Mc Fadden decision

    Higher Regional Court of Düsseldorf applies CJEU Mc Fadden decision
    1709 Blog readers will recall that last September the Court of Justice of the European Union (CJEU) issued its decision in the important Mc Fadden case [here and here], a reference for a preliminary ruling…
Rank this Week: 318

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/
Rank this Week: 289

FOSS Patents

FOSS Patents

Covers software patent news and issues with a focus on wireless and mobile devices. By Florian Mueller.

http://www.fosspatents.com
Rank this Week: 245

Domain Name Jurisprudence &…

Domain Name Jurisprudence & Commentaries on UDRP Cases

Review and analysis of cybersquatter cases decided under the Uniform Domain Name Resolution Policy. By Gerald M. Levine.

http://udrpcommentaries.wordpress.com
  • Apr 18

    In Whose Language? Cybersquatting by Foreigner

    In Whose Language? Cybersquatting by Foreigner
    There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone, anywhere can acquire domain names composed of words and letters in languages not its own…
  • Apr 3

    Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture

    Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture
    There is a misconception among some trademark owners and their counsel that passive holding of domain names alone, Sandy Frank Film Syndication, Inc. v. Ralph Zita, FA1612001706714 (Forum February 14, 2017) (<youaskedforit.com>), or…
  • Mar 31

    Provider and Arbitrator Immunity for Acting in Their Official Capacitie

    Provider and Arbitrator Immunity for Acting in Their Official Capacitie
    Once parties have voluntarily agreed to resolve their disputes by arbitration courts have no authority to intervene in the proceeding and only a limited role at the end of the process to determine whether it was tainted in some manner…
Rank this Week: 284

Delaware IP Law Blog

Delaware IP Law Blog

Covers case analysis and commentary on intellectual property law. Published by Young Conaway Stargatt & Taylor, LLP.

http://www.delawareiplaw.com/
  • Jun 18

    Judge Andrews Construes Terms of Logic Circuit Patent

    Judge Andrews Construes Terms of Logic Circuit Patent
    Judge Andrews has issued his memorandum opinion construing disputed terms of four patents related to logic and memory circuits for integration into high density integrated circuit chips. In 2011, the plaintiffs, HSM Portfolio and Technology…
  • Jun 18

    Judge Stark Issues New Patent Scheduling Order and other Case Management Procedure

    Judge Stark Issues New Patent Scheduling Order and other Case Management Procedure
    On Wednesday, June 18, Judge Leonard P. Stark published a new form scheduling order on the District of Delaware web site for non-ANDA patent cases, as well as a new form pre-trial order for patent cases, a new set of...
  • Jun 16

    Judge Andrews grants motion to dismiss inequitable conduct claim

    Judge Andrews grants motion to dismiss inequitable conduct claim
    Judge Richard G. Andrews recently granted plaintiff St. Jude's motion to dismiss defendant Volcano Corp.'s inequitable conduct counterclaim and affirmative defense. St. Jude Medical v. Volcano Corp., C.A. No. 12-441-RGA (D. Del. June 11,…
Rank this Week: 221

Video Game Law Blog

Video Game Law Blog

Covers current Issues in video game law. By Davis LLP.

http://www.davis.ca/en/blog/Video-Game-Law
  • Mar 28

    WOW!

    WOW!
    A court in Berlin has ruled that some provisions of the World of Warcraft Terms of Use violate German consumer protection laws and are void. [More…]
  • Feb 26

    Ontario Youth Investment Accelerator Fund Recipients Announced

    Ontario Youth Investment Accelerator Fund Recipients Announced
    Recently, Ontario announced the first recipients of the Youth Investment Accelerator Fund Program (the “Program”). The Program, which mirrors the Investment Accelerator Fund, was launched in 2013 by the Province of Ontario with…
  • Feb 14

    Federal Budget 2014: Canada Invests an Additional $40 Million in Entrepreneurship

    Federal Budget 2014: Canada Invests an Additional $40 Million in Entrepreneurship
    On Tuesday February 11, 2014, Finance Minister Jim Flaherty presented the Canadian federal budget for fiscal year 2014-2015. The budget proposes to provide an additional $40 million over four years to the Canada Accelerator and Incubator…
Rank this Week: 308

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: 287

TradeMark Express: A Daily Blog

TradeMark Express: A Daily Blog

Covers issues pertaining to trademarks, copyrights, patents and starting a business. By Shannon Moore.

http://tmexpress.blogspot.com/
  • Apr 26

    Trademark 101: What Isn’t a Trademark?

    Trademark 101: What Isn’t a Trademark?
    SourceYesterday’s post was all about what a trademark is so today we’re going to talk about what a trademark is not. Knowing both sides of that coin will give you a clear idea if a trademark is right for you or not.Let’s use…
  • Apr 24

    Trademark 101: What is a Trademark?

    Trademark 101: What is a Trademark?
    SourceWelcome to the first day of class! Before we get into the nitty gritty of trademarks, let’s go back to the beginning. And the beginning of the beginning is defining what a trademark is and what a trademark is not.Here’s what…
  • Apr 23

    And we're back!

    And we're back!
    SourceHello there readers!The blog has been on a bit of a hiatus as we revamped our site (check it out - nice, eh?) and while I specifically re-focused my day-to-day activities.But, I'm back and am here to talk trademark and answer any…
Rank this Week: 544

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Apr 26

    Expert Claim Constructions of Unconstrued Claims Excluded

    Expert Claim Constructions of Unconstrued Claims Excluded
    Not Dead Yet Manufacturing, Inc. d/b/a/ NDY MFG, Inc. v. Pride Sol’ns., LLC, No. 13 C 3418, Slip Op. (N.D. Ill. Nov. 28, 2016) (Pallmeyer, J.). Judge Pallmeyer granted in part plaintiff NDY’s FRE 702 motion to exclude certain…
  • Apr 24

    Foreign Defendant’s Unknown Address Allows Alternative Service Instead of Hague Convention

    Foreign Defendant’s Unknown Address Allows Alternative Service Instead of Hague Convention
    Levi Strauss & Co. v. Zhejiang Weidu Garment Co., Ltd., No. 16 C 7824, Slip Op. (N.D. Ill. Nov. 17, 2016) (Shadur, Sen. J.). Judge Shadur denied defendant yogee-mall’s Fed. R. Civ. P. 12(b)(2)&(5) motion to dismiss in this…
  • Apr 21

    CLE: Ethics in the Practice of Intellectual Property Law

    CLE: Ethics in the Practice of Intellectual Property Law
    On Friday, May 5, 2017, from 8:15 am – 1:30 pm, John Marshall is hosting its 8th annual Ethics in the Practice of Intellectual Property Law seminar.  In addition to providing ethics credit, the program is top-notch, including:…
Rank this Week: 409

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
  • Apr 25

    Vivian Maier Dispute à Troi

    Vivian Maier Dispute à Troi
    The battle over artist’s “estates” continues.
  • Apr 20

    Podcast: Charging Bull v. Fearless Girl, Cady Noland, 5Pointz, Moral Right

    Podcast: Charging Bull v. Fearless Girl, Cady Noland, 5Pointz, Moral Right
    Does an artist have the legal right to protect her work from the encroachment of another artist’s artwork? That’s the question facing Arturo Di Modica, creator of Wall Street’s iconic bronze Charging Bull, which last month…
  • Apr 15

    A VARA Triumph, Detroit Mural Will Stay Put

    A VARA Triumph, Detroit Mural Will Stay Put
    It’s VARA craziness week. According to the Detroit Metro Times, Detroit’s “iconic” Illuminated Mural won’t be torn down. Apparently the artist and building owner announced last Thursday that they have…
Rank this Week: 450

IP Finance

IP Finance

Looks at financial issues for intellectual property rights: securitisation and collateral, IP valuation for acquisition and balance sheet purposes, tax and R&D breaks, film and product finance, calculating quantum of damages--anything that happens where IP meets money.

http://www.ip.finance/?m=1
  • Apr 23

    South Africa's ASA on the precipice

    South Africa's ASA on the precipice
    Unless South Africa's Advertising Standards Authority receive $680 000 in funding before the end of the month, an application will be launched to liquidate the non-profit which will likely see the collapse of the self regulated body, and…
  • Apr 23

    The Indie film industry: still looking for its long tail

    The Indie film industry: still looking for its long tail
    What happened to the idea of the "long tail", as popularized by Chris Anderson over a decade ago? The very fact that this blogger feels the need to revisit the notion suggests the extent to which it has fallen into disfavor. In brief,…
  • Apr 20

    EMW Law Firm Releases Information on Fintech Patenting

    EMW Law Firm Releases Information on Fintech Patenting
    The EMW Law Firm has released some information concerning Fintech patenting trends.  EMW states: The number of ‘fintech patents’ filed worldwide is continuing to rise sharply, reaching 9,545 in 2016*, up 6% from 9,045 filed…
Rank this Week: 488

Fair Competition Law Blog

Fair Competition Law Blog

Covers trade secrets, noncompetes, privacy and security, the Computer Fraud and Abuse Act, trademarks, copyrights, and business torts. By Russell Beck.

http://faircompetitionlaw.com
  • Apr 22

    Trade Secret and Noncompete Survey – National Case Graph 2017 (Updated)

    Trade Secret and Noncompete Survey – National Case Graph 2017 (Updated)
    As regular readers of this blog know, several years ago, I became curious to see how many reported trade secret / noncompete decisions were issued each year in all federal and state courts around the country. So, I did a “back of the…
  • Feb 4

    Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey Chart (revised)

    Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey Chart (revised)
    Every state but Massachusetts and New York has adopted the Uniform Trade Secrets Act (the UTSA) in one form or another – though some may quibble with whether Alabama or North Carolina actually adopted it. (The Uniform Law…
  • Feb 4

    BRR 50-State Noncompete Chart (Updated Today)

    BRR 50-State Noncompete Chart (Updated Today)
    The BRR 50 State Noncompete Chart has been updated to reflect a few developments and to make a few tweaks since the last draft. Most significantly, Georgia surprised many (me included) with its decision that the 2011…
Rank this Week: 506

Copyhype

Copyhype

Discusses copyright law for those in the content industries and the general public. By Terry Hart.

http://www.copyhype.com/
  • Apr 21

    Friday’s Endnotes – 04/21/17

    Friday’s Endnotes – 04/21/17
    How Google Eats a Business Whole — “‘I didn’t understand the benefit to us,’ he said. ‘It’s a big ask. Like, ‘hey, let us tap into the most valuable thing that you have, that has taken years to…
  • Apr 17

    Mavrix v LiveJournal: Preserving Incentives to Address Online Infringement

    Mavrix v LiveJournal: Preserving Incentives to Address Online Infringement
    On Friday, April 7, 2017, the Ninth Circuit published its opinion in Mavrix Photographs v LiveJournal, a potentially significant decision touching on a number of provisions in Section 512 of the Copyright Act, which was passed as part of the…
  • Apr 14

    Friday’s Endnotes – 04/14/17

    Friday’s Endnotes – 04/14/17
    How Google Book Search Got Lost — Scott Rosenberg writes about how the service has become almost dormant: “The Google Books ‘History’ page trails off in 2007, and its blog stopped updating in 2012, after which it got…
Rank this Week: 542

Intellectual Property News

Intellectual Property News

By Mandour & Associates.

http://www.intellectualpropertynews.com/
  • Apr 19

    KFC Files Lawsuit to Protect Finger Lickin' Good Trademark

    KFC Files Lawsuit to Protect Finger Lickin' Good Trademark
    IPNews® - KFC is suing a New York based entrepreneur Brian Mastrosimone over alleged trademark infringement.   The national restaurant chain claims that Mastrosimone’s use of the slogan “Finger Lakin’ Good” is…
  • Apr 13

    Mexican Restaurants Battle Over "Damn Good Tacos" Trademark

    Mexican Restaurants Battle Over "Damn Good Tacos" Trademark
    IPNews® - A Texas based restaurant chain, Torchy’s Tacos, is suing Dam Good Tacos over alleged trademark infringement. Torchy’s Tacos claims ownership of the Damn Good Tacos trademark since it has used it as a tagline since…
  • Apr 6

    Jimmy Buffet Wins Trademark Dispute Over Marijuanaville

    Jimmy Buffet Wins Trademark Dispute Over Marijuanaville
    IPNews® - Jimmy Buffett’s Margaritaville Enterprises LLC recently won a trademark dispute against a Colorado based entrepreneur, Rachel Bevis.   Bevis filed a trademark application for Marijuanaville in 2014.  The…
Rank this Week: 430

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/
  • Apr 14

    The future of ad blocking

    The future of ad blocking
    There’s an ongoing arms race between ad blockers and websites — more and more sites either try to sneak their ads through or force users to disable ad blockers. Most previous discussions have assumed that this is a cat-and-mouse…
  • Apr 3

    Dissecting the (Likely) Forthcoming Repeal of the FCC’s Privacy Rulemaking

    Dissecting the (Likely) Forthcoming Repeal of the FCC’s Privacy Rulemaking
    Last week, the House and Senate both passed a joint resolution that prevent’s the new privacy rules from the Federal Communications Commission (FCC) from taking effect; the rules were released by the FCC last November, and would have…
  • Mar 29

    Questions for the FBI on Encryption Mandate

    Questions for the FBI on Encryption Mandate
    I wrote on Monday about how to analyze a proposal to mandate access to encrypted data. FBI Director James Comey, at the University of Texas last week, talked about encryption policy and his hope that some kind of exceptional access for law…
Rank this Week: 470

IPso Jure

IPso Jure

UK and EU intellectual property developments

http://www.ipsojure.co.uk
  • Apr 12

    Debate rages over controversial copyright standard for the web

    Debate rages over controversial copyright standard for the web
    New Scientist reports that a new standard that is intended to enable web browsers to deal with digital rights management software is proving controversial. The Encrypted Media Extensions mechanism replaces browser plugins, which have a…
  • Mar 24

    How much intellectual property is a good thing?

    How much intellectual property is a good thing?
    The World Intellectual Property Organisation tells us that it was a Record Year for International Patent Applications in 2016 and that there was "strong demand" for international trade marks and registered designs. Applicants from…
  • Mar 9

    Famous Hartlepudian

    Famous Hartlepudian
    When I was an articled clerk (for the benefit of young people, this was what we used to call trainee solicitors) in Teesside (not, trademarksandbrandsonline.com note, "Teeside"), and many of the firm's clients frequented the crown court…
Rank this Week: 516

Case Clothesed For Fashion Law

Case Clothesed For Fashion Law

Covers trade dress, trademark, design patent and counterfeiting issues in the fashion industry. By New York Law School.

http://www.caseclothesed.com/
Rank this Week: 372

PHOSITA

PHOSITA

Covers biotechnology, copyright, intellectual property, public policy, licensing, patents, software and trademark. By Douglas Sorocco, J. Matthew Buchanan and Laura C. Wood.

http://dunlapcodding.com/phosita
  • Apr 4

    2017 FIRST Robotics Competition

    2017 FIRST Robotics Competition
    Jeremy McKinney It is the end of the Oklahoma Regionals of the FIRST Robotics Competition (FRC for short), and as I sit here in the “pit” reflecting on this year’s…
  • Mar 21

    A Patent Laches Defense No More

    A Patent Laches Defense No More
    Julie Langdon Today, the Supreme Court vacated a prior Federal Circuit decision when it decided that laches cannot be used as a defense against a claim for damages brought within the…
  • Mar 9

    Trademark Security Check Point – Draining the Swamp with Random Audits of Trademark Use

    Trademark Security Check Point – Draining the Swamp with Random Audits of Trademark Use
    Elizabeth Isaac Despite flying with TSA pre-check, random checks in airport security lines seem to be a thing for me. Just last week, a TSA officer randomly wiped down all of my…
Rank this Week: 510

Blawg IT

Blawg IT

Covers patent, copyright, trademark and Internet related legal issues. By Patent Attorney Brett Trout.

http://blawgit.com
  • Aug 29

    Brett Trout selected for The Best Lawyers® 2017 in both Patent Law and Information Technology Law

    Brett Trout selected for The Best Lawyers® 2017 in both Patent Law and Information Technology Law
    Brett J. Trout has been selected by his peers for inclusion in the 23rd Edition of The Best Lawyers in America® in the practice areas of Information Technology Law and Patent Law. The Best Lawyers in America® publication is the oldest…
  • Aug 29

    Brett Trout selected for The Best Lawyers® 2017 in both Patent Law and Information Technology Law

    Brett Trout selected for The Best Lawyers® 2017 in both Patent Law and Information Technology Law
    Brett J. Trout has been selected by his peers for inclusion in the 23rd Edition of The Best Lawyers in America® in the practice areas of Information Technology Law and Patent Law. The Best Lawyers in America® publication is the oldest…
  • Mar 21

    Supreme Court Takes On Design Patent Damage

    Supreme Court Takes On Design Patent Damage
    Apple v. Samsung Apple applied for and received two design patents covering design elements on the front face of the Apple iPhone. Apple then successfully sued Samsung for infringement of these design patents. The jury awarded Apple damages…
Rank this Week: 351

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
  • May 9

    To BRI or Not to BRI, That Is the Question

    To BRI or Not to BRI, That Is the Question
    A good argument can be made that a given panel of PTAB judges will construe claims in the manner that makes most sense to them, regardless of the legal rubric they are assigned. Indeed, we can draw a direct analogy from the experience…
  • May 9

    Facebook advertising revenue jumps on mobile advertising revenue surge

    Facebook advertising revenue jumps on mobile advertising revenue surge
    Facebook’s mobile advertising numbers were so good that its entire advertising revenue stream surged ahead 57 percent when compared with 2015’s first quarter, up from $3.31 billion to $5.2 billion. Advertising is the major chunk…
  • May 8

    Study: Media use of the term “patent troll” negatively predisposes readers, court

    Study: Media use of the term “patent troll” negatively predisposes readers, court
    "Patent troll," the term employed by leading newspapers, magazines and online publications to describe how some patents are owned and used, provides a prejudicial impression of patent licensing that unfairly influences attitudes towards…
Rank this Week: 417

Filewrapper.com

Filewrapper.com

Features news and commentary on intellectual property law. By McKee, Voorhees & Sease.

http://www.filewrapper.com/
  • Nov 4

    MVS Filewrapper® Blog: Ways to Accelerate Patent Examination Before the USPTO

    MVS Filewrapper® Blog: Ways to Accelerate Patent Examination Before the USPTO
    By Jill Link Long pendency, slow processing and delays in examination due to patent backlog before the United States Patent and Trademark Office (USPTO) are common concerns voiced by patent applicants. Although it may provide some comfort to…
  • Oct 17

    MVS Filewrapper® Blog: Is the Supreme Court Re-Aiming Markman?

    MVS Filewrapper® Blog: Is the Supreme Court Re-Aiming Markman?
    Post by Alex Christian The 1996 United States Supreme Court decision in Markman v. Westview Instruments established a landmark change for claim construction in patent infringement cases.  That case established that the meaning of the…
  • Oct 17

    MVS Filewrapper® Blog: 2014 World Food Day and Borlaug Dialogue Takes Place in Des Moines Iowa

    MVS Filewrapper® Blog: 2014 World Food Day and Borlaug Dialogue Takes Place in Des Moines Iowa
    Post by Jill Link The 2014 theme for World Food Day was “Family Farming: Feeding the world, caring for the earth.”  This event took place during the 2014 Borlaug Dialogue International Symposium held in Des Moines,…
Rank this Week: 436

Patents Post-Grant

Patents Post-Grant

Provides insight and commentary on patent post-grant options. By Oblon, Spivak, McClelland, Maier & Neustadt, LLP.

http://www.patentspostgrant.com
Rank this Week: 529

ED Michigan IP Report

ED Michigan IP Report

Discusses patent and other intellectual property litigation news from the U.S. District Court for the Eastern District of Michigan.

http://edmichipreport.com/
Rank this Week: 427

Florida Intellectual Property Law…

Florida Intellectual Property Law Blog

Covers patents, trademarks, copyright law, franchise law, trade secret law and unfair competition law. By John Rizvi.

http://www.floridaipblog.com/
  • Nov 23

    Reader Question: Will my trademark application be denied if...

    Reader Question: Will my trademark application be denied if...
    "Suzy" asks: If I look on uspto.gov and see that there is a company already trademarked under a name similiar to my company's name will my trademarked registration be denied?   My response:  
  • Nov 21

    Patent Writing Secrets: What's the Hook?

    Patent Writing Secrets: What's the Hook?
    Before beginning to draft the patent application there is one step you must take to make sure you get MAXIMUM protection for your idea (and to make sure no one gets around it). And that step is establishing the hook. Allow me to explain what…
  • Nov 18

    Reader Question: Should I take my idea to an investor before getting a patent?

    Reader Question: Should I take my idea to an investor before getting a patent?
    L.C. asks: Quick question. Would there be any issues going to angel investors, or venture capitalists before starting the entire patent process? Would that spark any legal trouble down the line? My answer. It's not that it would spark legal…
Rank this Week: 449