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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
  • Aug 23

    NPR on the Surreal Story of…Who is the Author of This Painting?

    NPR on the Surreal Story of…Who is the Author of This Painting?
    I’m quoted in this NPR story regarding the case of Doige vs. Doig, or rather, who made this painting?
  • Aug 15

    Four Letter Word for: What is a Jointly Held Work?

    Four Letter Word for: What is a Jointly Held Work?
    A 91-year-old visitor to the Neues Museum, Hannelore K., filled in an empty crossword that was part of an artwork by Arthur Köpcke. According to her lawyer, Ms. K. was following the instructions “insert words” and is…
  • Aug 11

    Can Your Tattoo Artist Sue When Your Body is Depicted in a Video Game?

    Can Your Tattoo Artist Sue When Your Body is Depicted in a Video Game?
    The relationship between tattoos and art law is often a topic of discussion. In most recent news, Solid Oak Sketches is suing the designers of video game NBA 2K16, Take-Two Interactive, for animating basketball…
Rank this Week: 246

Higher Ed IP Law Report

Higher Ed IP Law Report

Covers intellectual property issues in academia. By Bond Schoeneck & King.

http://www.higheredlawreport.com/
Rank this Week: 2345

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/
  • Aug 23

    Eastern District of Texas's Newest Corporate Citizen - The Dallas Cowboys Football Club

    Eastern District of Texas's Newest Corporate Citizen - The Dallas Cowboys Football Club
    I am remiss for not posting that as of yesterday, the Eastern District has a new corporate citizen - the Dallas Cowboys, who as you may be able to tell, my family is somewhat partial to. Yesterday the Cowboys cut...
  • Aug 23

    Tyler Jury Returns Defense Verdict in Patent Case

    Tyler Jury Returns Defense Verdict in Patent Case
    A Tyler jury in Judge Rodney Gilstrap's court returned a noninfringement verdict in favor of defendant Friday afternoon in a case involving expandable interveterbral implants (I didn't check to see if Dr. Octavius was the inventor or just…
  • Aug 10

    Teachers Law School

    Teachers Law School
    Great to be in Texarkana at Teachers Law School sponsored by East Texas ABOTA today. We are streaming live to Marshall as well (a TLS first, but an important step for a rural chapter like ours) helping give school teachers...
Rank this Week: 199

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Aug 23

    Never Too Late: If you missed the IPKat last week

    Never Too Late: If you missed the IPKat last week
    Did the last week of IPKat pass you by? Here is the 110th edition of Never Too Late with what you missed.* Life after Cartier: The future of blocking injunctions – Simmons & Simmons Rapid Response EventKatfriend Jonathan…
  • Aug 23

    New IP law titles: from EU copyright to ISP liability

    New IP law titles: from EU copyright to ISP liability
    For some odd reasons, it seems that many good IP titles are being released at a time of the year when - at least in the Northern hemisphere - the attention for anything that relates to IP is increasingly and acutely…
  • Aug 19

    After the split: so is it HP, Hewlett Packard, Hewlett Packard Enterprise or what?

    After the split: so is it HP, Hewlett Packard, Hewlett Packard Enterprise or what?
    Sometimes this Kat is puzzled by the selection of a company name (or names) after a corporate split, spin-off or acquisition. This Kat has previously shared his bemusement over the selection of the corporate name, Mondelēz…
Rank this Week: 30

Awapatent IP blog

Awapatent IP blog

Covers intellectual property news.

http://www.awapatentipblog.com/
  • Aug 23

    Amended rules relating to the refund of the examination fee

    Amended rules relating to the refund of the examination fee
    Today the rules relating to fees[1] stipulates that the examination fee will be refunded in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the Examination Division (ED) has assumed…
  • Jul 7

    EPO and IP AUSTRALIA launches new PPH agreement

    EPO and IP AUSTRALIA launches new PPH agreement
    As the PPH network continues to expand, the Awapatent IP Blog lets its readers stay one step ahead by keeping monitoring the new expansions and arising possibilities. Most recently, European patent applicants are offered a new possibility of…
  • Jun 30

    Has China taken another Bite out of the Apple?

    Has China taken another Bite out of the Apple?
    After locking horns with a local Chinese company for six years over the IPHONE trademark, Apple took a drubbing after last month’s decision by the Beijing High People’s Court. Apple applied for the “IPHONE” trademark…
Rank this Week: 1971

Personalized Medicine Bulletin

Personalized Medicine Bulletin

Covers legal, business and regulatory developments in the personalized medical industry. By Foley & Lardner LLP.

http://www.personalizedmedicinebulletin.com
  • Aug 22

    USPTO ANNOUNCES CANCER MOONSHOT CHALLENGE

    USPTO ANNOUNCES CANCER MOONSHOT CHALLENGE
    The USPTO announced a public challenge in support of the National Cancer Moonshot Initiative. The USPTO is asking the public to investigate and leverage the intellectual property data within the USPTO and combine it with other economic…
  • Aug 22

    Ariosa Loses Verinata Patent Challenge

    Ariosa Loses Verinata Patent Challenge
    Fetal diagnostic pioneer Ariosa Diagnostics lost its latest attempt to invalidate competitor Verinata Health’s U.S. Patent No. 8,318,430, “Methods of Fetal Abnormality Detection.” The USPTO’s Patent Trial and Appeal…
  • Aug 14

    Advancing Personalized Medicine Through Cross-sector Collaboration and Innovation

    Advancing Personalized Medicine Through Cross-sector Collaboration and Innovation
    Since 2013, thought leaders, innovators, and health care specialists have convened for a one day summit to discuss the business of personalized medicine. The Business of Personalized Medicine Summit, explores the economic, legal…
Rank this Week: 2424

Wisconsin Probate & Estate…

Wisconsin Probate & Estate Planning Blog

Covers estate planning, trusts and wills. By Krause Donovan Estate Law Partners, LLC

http://www.madisontrustlaw.com/
  • Aug 22

    The Role of Incapacity in Wisconsin Estate Planning

    The Role of Incapacity in Wisconsin Estate Planning
    Recognizing the potential for incapacitation as part of your Wisconsin estate plan is important in order to avoid unnecessary legal battles and guardianship proceedings (sometimes called "living probate").
  • Aug 12

    The Probate Process in Wisconsin

    The Probate Process in Wisconsin
    Any Wisconsin estate that exceeds $50,000 in value must go through the probate process unless the property is subject to certain exemptions.
  • Jul 18

    What is Essential Estate Planning? A Last Will and Testament? A Revocable Living Trust?

    What is Essential Estate Planning? A Last Will and Testament? A Revocable Living Trust?
    Over half of American adults and approximately 92 percent of adults under the age of 35 have not written a will. Most assume they do not need a will because any assets left behind will automatically be inherited by family members.
Rank this Week: 3073

Patentology

Patentology

News and views on patents and innovation, with a focus on Australia and New Zealand.

http://blog.patentology.com.au/
  • Aug 20

    After US Loss, Sequenom Takes Its Patent Battle With Ariosa Down-Under

    After US Loss, Sequenom Takes Its Patent Battle With Ariosa Down-Under
    One of the many benefits of genetic testing is the ability to carry out prenatal diagnosis of genetic disorders, most notably including (but certainly not limited to) Downs Syndrome.  This can be particularly valuable when one or both…
  • Aug 14

    Another Australian Patentee Bitten By ‘Unjustified Threats’ Provision

    Another Australian Patentee Bitten By ‘Unjustified Threats’ Provision
    Under section 128 of the Australian Patents Act 1990, a person or company that feels they have been unjustifiably threatened with patent infringement proceedings can take legal action seeking an injunction to prevent the threats from…
  • Aug 6

    Patent Litigation Insurance – What Is It, and Should You Have It?

    Patent Litigation Insurance – What Is It, and Should You Have It?
    The basic principle of insurance is simple.  You are at risk of some adverse event which probably – hopefully – will not happen.  But if it does happen, the consequences could be devastating.  So, to mitigate this…
Rank this Week: 1178

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
  • Aug 20

    Trying a new look…

    Trying a new look…
    For a very long time (probably since I started the blog in 2010), I have not been happy with the design. So, I finally decided to do something about it and will be trying out some different… More
  • Aug 14

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

    Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey Chart
    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…
  • Aug 1

    Massachusetts Noncompete Law Stall

    Massachusetts Noncompete Law Stall
    To the surprise of many, the efforts of the Conference Committee to reconcile the House and Senate versions of Massachusetts’ noncompete bill (and bill proposing the adoption of the Uniform Trade Secrets Act) stalled last night…
Rank this Week: 1467

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/
  • Aug 20

    How do you know if you have a licensable product?

    How do you know if you have a licensable product?
    There are three major things that need to intersect to make a licensable product. First of all, you have the patentable side. Either it is patented or patentable, because essentially what we are licensing is intellectual property. Second, is…
  • Aug 20

    Co-Inventors Must be Named, Even Those who Contribute to One Aspect of One Claim

    Co-Inventors Must be Named, Even Those who Contribute to One Aspect of One Claim
    On appeal, the Federal Circuit reviewed whether there was substantial evidence supporting the district court’s finding that Nathan and Matheson should be added as co-inventors. In determining that the inventorship evidence below was…
  • Aug 19

    Specification Focus on one Embodiment Cannot Limit the Invention if Specification Contemplates Other Embodiment

    Specification Focus on one Embodiment Cannot Limit the Invention if Specification Contemplates Other Embodiment
    While much of the specification focuses on a scheme involving patient-identifying information, the Court held that a specification’s focus cannot be limited on one particular embodiment where it expressly contemplates other embodiments…
Rank this Week: 2536

Delaware Intellectual Property…

Delaware Intellectual Property Litigation

Covers intellectual property and antitrust litigation. By Fox Rothschild LLP.

http://delawareintellectualproperty.foxrothschild.com/
Rank this Week: 4568

Socially Aware Blog

Socially Aware Blog

Covers the law and business of social media. By Morrison Foerster.

http://www.sociallyawareblog.com/
Rank this Week: 1417

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: 129

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 79

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: 620

Deeplinks Blog

Deeplinks Blog

Covers bloggers' rights, DMCA, DRM, intellectual property, privacy and security issues. From the Electronic Frontier Foundation.

https://www.eff.org/deeplinks
  • Aug 19

    An Update on Patent Troll Shipping & Transit, LLC

    An Update on Patent Troll Shipping & Transit, LLC
    There has been significant activity relating to cases and patent infringement claims made by Shipping & Transit, LLC, formerly known as ArrivalStar. Shipping & Transit, who we’ve written about on numerous occasions, is currently…
  • Aug 18

    The Global Ambitions of Pakistan's New Cyber-Crime Act

    The Global Ambitions of Pakistan's New Cyber-Crime Act
    Despite near universal condemnation from Pakistan's tech experts; despite the efforts of a determined coalition of activists, and despite numerous attempts by alarmed politicians to patch its many flaws, Pakistan's Prevention of Electronic…
  • Aug 18

    California Lawmaker Pulls Digital Currency Bill After EFF Opposition

    California Lawmaker Pulls Digital Currency Bill After EFF Opposition
    For the second year in a row, EFF and a coalition of virtual currency and consumer protection organizations have beaten back a California bill that would have created untenable burdens for the emerging cryptocurrency community. This week, the…
Rank this Week: 3756

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Aug 19

    The Olympic Branding Blackout

    The Olympic Branding Blackout
    Has there been a more constant presence at the Rio Olympics than #brands? I saw it everywhere, from the Polo-branded opening ceremony garb (met with the requisite outrage) to Michael Phelps’ “MP” branded…
  • Aug 18

    Welcome to the Hotel Chicago Dispute

    Welcome to the Hotel Chicago Dispute
    Although not the title to an Eagles’ song like “Hotel California,” Hotel Chicago is in the news as it is at the heart of a trademark dispute.  As I was booking a room at the Fairmont in Chicago for next month, I must…
  • Aug 17

    Champagne Velvet – A Brand Resurrected

    Champagne Velvet – A Brand Resurrected
    I was in Indiana this past weekend and, as per my custom when in the Hoosier State, I went to pick up one of my preferred Hoosier brews. Right near the Upland Dragonfly was a six-pack of Champagne Velvet with a scribble at the bottom saying…
Rank this Week: 194

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Aug 19

    Summary Judgment on Anticipation

    Summary Judgment on Anticipation
    Semcon Tech v. Micron (Fed. Cir. 2016) (non-precedential opinion) One narrative of the decision here could focus on the difference between the expert appellate court willing to dig into the language of the patent documents themselves and…
  • Aug 17

    Publication of the Patent Case Management Judicial Guide (3rd edition)

    Publication of the Patent Case Management Judicial Guide (3rd edition)
    District Court judges (and their clerks) across the country now rely heavily upon Patent Case Management Judicial Guide – that has now published in its third edition.  Professor Peter Menell (Berkeley) has lead the multi-party…
  • Aug 17

    Expanding the Scope of Ex Parte Reexaminations MidStream

    Expanding the Scope of Ex Parte Reexaminations MidStream
    by Dennis Crouch A new petition by Pactiv (a Reynolds Co.) asks the Supreme Court to consider whether the PTO can expand the scope of an ex parte reexamination beyond the “substantial new question of patentability” identified in…
Rank this Week: 53

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Aug 19

    Cthulhu the functional?

    Cthulhu the functional?
    Jake Linford has recently expounded in detail about the descriptive or even functional characteristics of certain sounds, making certain "coined" words more useful in marketing.  Here's a great example from Michael Saler, As If: Modern…
  • Aug 18

    Fashion weak: fashion show fails to enjoin New York Fashion Week name

    Fashion weak: fashion show fails to enjoin New York Fashion Week name
    Fashion Week, Inc. v. Council of Fashion Designers of America, Inc., 2016 WL 4367990, No. 16-cv-5079 (S.D.N.Y. Aug. 12, 2016)FWI sued CFDA for trademark dilution, unfair competition and false designation of origin, and trademark infringement…
  • Aug 18

    Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff's life

    Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff's life
    Eggleston v. Daniels, No. 15-11893, 2016 WL 4363013 (E.D. Mich. Aug. 16, 2016)Sophia Eggleston alleged that her self-characterization in her 2009 memoir The Hidden Hand was the uncredited inspiration for the character Loretha…
Rank this Week: 70

Copyhype

Copyhype

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

http://www.copyhype.com/
  • Aug 19

    Friday’s Endnotes – 08/19/16

    Friday’s Endnotes – 08/19/16
    Public “Selective” Knowledge — Steve Tepp writes, “Disagreement on law and policy in the field of copyright have become routine. But in the past few weeks, Public Knowledge has crossed the line of civil and…
  • Aug 12

    Friday’s Endnotes – 08/12/16

    Friday’s Endnotes – 08/12/16
    What happens now after the German Federal Constitutional Court’s Metall-auf-Metall Decision? — Last May’s decision in Metall-auf-Metall reversed a lower court decision finding the use of a non-licensed sample was…
  • Aug 5

    Friday’s Endnotes – 08/05/16

    Friday’s Endnotes – 08/05/16
    To Promote American Innovation, We’ve Got to Modernize This Office — Jessica Higa and Alden Abbott of the Daily Signal write, “It is surprising that the Copyright Office is part of the Library of Congress. Copyrights…
Rank this Week: 274

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Aug 19

    3 Count: Third Appeal

    3 Count: Third Appeal
    Oracle asks for yet another third trial in case vs. Google, lawyers in Happy Birthday lawsuit get $4.62 million in fees and more! The post 3 Count: Third Appeal appeared first on Plagiarism Today.
  • Aug 18

    How to Create Citations in Any Word Processor

    How to Create Citations in Any Word Processor
    Here's how to easily add MLA, APA or Chicago citations in your word processor, whether it's Microsoft Word, Google Docs or OpenOffice. The post How to Create Citations in Any Word Processor appeared first on Plagiarism Today.
  • Aug 18

    3 Count: Tweet Thi

    3 Count: Tweet Thi
    Take-Two goes for the knockout in tattoo case, fabric company sues T.J. Maxx for infringement and Blockai integrates with Twitter. The post 3 Count: Tweet This appeared first on Plagiarism Today.
Rank this Week: 54

Kluwer Patent Blog

Kluwer Patent Blog

Provides information and news on European patent law. By Wolters Kluwer.

http://kluwerpatentblog.com
  • Aug 19

    Doctrine of equivalence reloaded – Pemetrexed

    Doctrine of equivalence reloaded – Pemetrexed
    When it comes to infringement of patents, the doctrine of equivalence has gained some more attention in the last few years in German courts and indeed also in some of my earlier posts on this blog (see here). In this context, two decisions of…
  • Aug 19

    Top 3 posts of the summer from our IP law blog

    Top 3 posts of the summer from our IP law blog
    As well as bringing you a fun copyright quiz to keep you entertained over the rest of the summer, we’ve also prepared an overview of the top 3 most-read posts from each of our IP law blogs. Unsurprisingly, Brexit was the hot topic on…
  • Aug 17

    Computerised invention for poker machines passes Federal Court test

    Computerised invention for poker machines passes Federal Court test
    On 22 July 2016, IP Australia approved a patent specification involving computer programming in poker machines in Aristocrat Technologies Australia Pty Limited [2016] APO 49. IP Australia’s decision comes on the heels of the High Court…
Rank this Week: 4613

MBBP's Good Company

MBBP's Good Company

Covers news, events and developments in business, intellectual property, employment law. By Morse, Barnes-Brown & Pendleton.

http://blogmbbp.wordpress.com
  • Aug 19

    Firm Client TechSandBox Launches Veterans’ Technology Entrepreneurship Program

    Firm Client TechSandBox Launches Veterans’ Technology Entrepreneurship Program
    Morse, Barnes-Brown & Pendleton sponsored organization and client, TechSandBox, announced its partnership with MassDevelopment and the Massachusetts Technology Collaborative (“MassTech”) in the launch of a new program for…
  • Aug 18

    Harvard Stem Cell Institute Teaming Up to Develop Diabetes Cure

    Harvard Stem Cell Institute Teaming Up to Develop Diabetes Cure
    A group of Boston-area health institutions, known as the Boston Autologous Islet Replacement Program, are teaming up to develop, test and deploy stem cells to cure diabetes. The group includes the Harvard Stem Cell Institute, Brigham and…
  • Aug 11

    Employment Law Alert: Massachusetts Pay Equity Law Imposes New Restriction

    Employment Law Alert: Massachusetts Pay Equity Law Imposes New Restriction
    MBBP’s Employment Law Group just released an Employment Law Alert regarding the recent wage equality act signed in Massachusetts. On August 1st, 2016, Governor Charlie Baker signed, “An Act to Establish Pay Equity…
Rank this Week: 523

Seattle Copyright Watch

Seattle Copyright Watch

Covers copyright and other intellectual property topics. By Tonya Gisselberg.

http://www.seattlecopyrightwatch.com/
  • Aug 19

    Alleged Infringer Bears the Burden of Proving Authorized Copying

    Alleged Infringer Bears the Burden of Proving Authorized Copying
    Jesus Muhammad-Ali painted a portrait of Louis Farrakhan, the leader of the Nation of Islam, in 1984.  Ali sued The Final Call for copyright infringement in 2013.  The Final Call is a newspaper that considers itself the…
  • Aug 12

    Don't Drone On My Bean Picking!

    Don't Drone On My Bean Picking!
    I was picking green beans in our garden recently, carefully trying to avoid spiders and other insects hiding amongst the leaves.  Suddenly, I heard a buzzing noise.  It grew louder.  I jumped back from the bean trellis,…
  • Aug 5

    Different Work Made for Hire Test Under the Copyright Act of 1909

    Different Work Made for Hire Test Under the Copyright Act of 1909
    This case applies the Copyright Act of 1909 version of “work made for hire.”  Why are we still talking about the 1909 Act when the Copyright Act of 1976 became effective on January 1, 1978?  Since the 1909 Act applies to…
Rank this Week: 954

Erik M Pelton & Associates, PLLC…

Erik M Pelton & Associates, PLLC Blog

Trademark, brand and social media news, analysis and tips.

http://www.erikpelton.com/resources/
  • Aug 19

    Comparing Trademark Use Requirements in US and Europe: video chat with Rolf Clausen

    Comparing Trademark Use Requirements in US and Europe: video chat with Rolf Clausen
    I was fortunate to sit down with Rolf Claessen of Freischem & Partner in Germany to chat about the differing trademark use requirements on the two sides of the Atlantic Ocean. We met at INTA several years ago and it is always fun and…
  • Aug 18

    The rise of _____ & CHILL trademark

    The rise of _____ & CHILL trademark
    I don’t know precisely when “Netflix and chill” became a pop culture phenomenon. But like most – or all – phenomena, trademark applications ensue. In 2015 and thus far in 2016, a fifteen applications have been…
  • Aug 17

    What is a “Standard Character” trademark?

    What is a “Standard Character” trademark?
    When applying to registered a trademark at the USPTO,  the mark itself can be one of several types. The main types are: Standard Character Design Motion Sound By far, standard character and design marks are the most common. A design mark…
Rank this Week: 1306

The 1709 Blog

The 1709 Blog

Covers all things copyright, warts and all.

http://the1709blog.blogspot.co.uk/
  • Aug 19

    Judgment against Cox opens up ISP liability in the USA

    Judgment against Cox opens up ISP liability in the USA
    Cox Communications has been ordered to pay a $25 million dollar penalty for copyright infringements to the music rights management company BMG by a federal judge. The ruling follows a jury decision which found Cox liable for illegal…
  • Aug 12

    Learning copyright long distance: the new edition of a popular course

    Learning copyright long distance: the new edition of a popular course
    The 1709 Blog has learned that the 2016-2017 prospectus of the Distance Learning Programme leading to a Postgraduate Diploma/Masters in UK, EU & US Copyright Law is now available online.Organised by the Centre of European Law at…
  • Aug 9

    APCA Conference: Call for abstracts/paper

    APCA Conference: Call for abstracts/paper
    The 1709 Blog has learned that the Asian Pacific Copyright Association (APCA), in conjunction with the Law and Technology Center at the University of Hong Kong, is organising a conference on "Copyright in the Asian Pacific: The Challenges and…
Rank this Week: 3814

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/
  • Aug 19

    When Physical Harm Is Threatened but Not Realized: Who Should Pay?

    When Physical Harm Is Threatened but Not Realized: Who Should Pay?
    Donal Nolan, Preventive Damages, 132 Law Q. Rev. 68 (2016), available by subscription at Westlaw.Ellen BublickThe recent Restatement Third of Torts divides U.S. tort law into separate categories of harm. Liability for physical injury is…
  • Aug 18

    Understanding Unconstitutional Amendments: Reflections on Comparative Constitutional Doctrine and Method

    Understanding Unconstitutional Amendments: Reflections on Comparative Constitutional Doctrine and Method
    Rosalind Dixon & David Landau, Transnational Constitutionalism and a Limited Doctrine of Unconstitutional Constitutional Amendment, 13 Int’l J. Const. L. 606 (2015).Hoi KongRosalind Dixon and David Landau’s Transnational…
  • Aug 17

    How and Why Representation Matter

    How and Why Representation Matter
    Colleen F. Shanahan, Anna E. Carpenter & Alyx Mark, Lawyers, Power, and Strategic Expertise, 93 Denv. L. Rev. 469 (forthcoming 2016), available at SSRN.Jessica SteinbergThe sociologist Rebecca Sandefur estimates that a staggering one in…
Rank this Week: 268

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Aug 19

    TTAB Dismisses Opposition, Rejecting Opposer's Improper Declaration Evidence

    TTAB Dismisses Opposition, Rejecting Opposer's Improper Declaration Evidence
    The Board granted applicant's Rule 2.132 motion for involuntary dismissal in this opposition to registration of the mark SHENANDOAH VALLEY CAMPGROUND for "providing campground facilities." Opposer alleged that the mark is merely descriptive…
  • Aug 18

    TTAB Test: Three Mere Descriptiveness Refusals For Your Perusal

    TTAB Test: Three Mere Descriptiveness Refusals For Your Perusal
    By my estimation, somewhere around 85% of all Section 2(e)(1) mere descriptiveness refusals that reach the TTAB are affirmed on appeal. Well, here are three appeals that were decided during the past week. How do you think they came out?…
  • Aug 17

    Finding Institutional Chicken Related to Frozen Fish, TTAB Affirms RED LABEL 2(d) Refusal

    Finding Institutional Chicken Related to Frozen Fish, TTAB Affirms RED LABEL 2(d) Refusal
    The Board affirmed this Section 2(d) refusal to register the mark RED LABEL for "chicken for sale to foodservice institutions," finding it likely to cause confusion with the identical mark registered for "frozen fish and seafood." Applicant…
Rank this Week: 176

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Aug 18

    Apotex Inc. v. Wyeth LLC (Fed. Cir. 2016)

    Apotex Inc. v. Wyeth LLC (Fed. Cir. 2016)
    By Kevin E. Noonan -- Perhaps the most significant Supreme Court decision in the past quarter century for the working patent practitioner is Dickinson v. Zurko, which strictly speaking is less a patent case than an administrative law…
  • Aug 17

    Netsirv v. Boxbee, Inc. (PTAB 2016)

    Netsirv v. Boxbee, Inc. (PTAB 2016)
    By Michael Borella -- A post grant review (PGR) is an administrative reconsideration of a recent-granted U.S. patent. The proceeding is held in the USPTO, before that body's Patent Trial and Appeal Board. A petition for PGR is timely if it is…
  • Aug 16

    IPRs Threatened/Filed as Money-Making Strategy

    IPRs Threatened/Filed as Money-Making Strategy
    By Joseph Herndon -- On March 10, 2016, Silver Star Capital, LLC filed a petition for Inter Partes Review of U.S. Patent No. 6,212,079 (IPR2016-00736). The patent owner is Power Integrations, Inc. On its face, this seems like another IPR…
Rank this Week: 65

Le blog du droit europeen des…

Le blog du droit europeen des brevets

Covers European patent law (in French).

http://europeanpatentcaselaw.blogspot.com/
  • Aug 18

    L'invention de la semaine

    L'invention de la semaine
    Il faut parfois regarder la réalité en face : c'est bientôt la rentrée ! US2013117899
  • Aug 15

    T1717/13 : pas de vice

    T1717/13 : pas de vice
    La Titulaire estimait que plusieurs vices de procédure avaient été commis par la division d'opposition lors de la procédure orale. Premièrement, elle n'avait pas disposé de suffisamment de temps pour…
  • Aug 12

    L'invention de la semaine

    L'invention de la semaine
    Ce masque est censé vous rassurer quant aux bonnes intentions de votre dentiste... Demande US2005098182
Rank this Week: 633

IP Law Blog

IP Law Blog

Covers copyrights, cyberspace law, music, patents, privacy, trade secrets and trademarks. By Weintraub Genshlea Chediak.

http://www.theiplawblog.com/
  • Aug 18

    The Seattle Seahawks’ 12th Man Flies Again

    The Seattle Seahawks’ 12th Man Flies Again
    If you regularly follow our publication, you may remember when I discussed the Seattle Seahawks and their use of the Texas A&M trademark “12TH MAN” over a year ago. If not, that’s okay too. In short, I discussed how the…
  • Aug 11

    Small Burger Chain Has a Beef With Chipotle

    Small Burger Chain Has a Beef With Chipotle
    By: Scott Hervey Chipotle’s entry into the burger business has a Boston based small burger chain up in arms.  The Boston burger spot, which has been in operation since 2010 and goes by the name Tasty Burger, has a beef with…
  • Aug 4

    Wearable Technology Raises Concerns Regarding IP, Data Privacy and Data Security

    Wearable Technology Raises Concerns Regarding IP, Data Privacy and Data Security
    When fashion fuses with high tech, we see our friends show up with trendy wearables, such as smart watches, fitness bands, and even high-tech, designer purses.  But, trendiness aside, wearables raise numerous questions for designers,…
Rank this Week: 839

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
  • Aug 18

    Olympic Swimmer’s Defamation Lawsuit Sinks in Court

    Olympic Swimmer’s Defamation Lawsuit Sinks in Court
    Alyssa Novak At the 2016 Rio Olympic Games, over 10,000 athletes are in the midst of competition for a chance at a singular moment of athletic glory. All of that pressure creates the…
  • Aug 18

    Olympic Swimmer’s Defamation Lawsuit Sinks in Court

    Olympic Swimmer’s Defamation Lawsuit Sinks in Court
    Alyssa Novak At the 2016 Rio Olympic Games, over 10,000 athletes are in the midst of competition for a chance at a singular moment of athletic glory. All of that pressure creates the…
  • Aug 12

    USPTO Post-Prosecution Pilot May Be Beneficial for Patent Applicant

    USPTO Post-Prosecution Pilot May Be Beneficial for Patent Applicant
    Ann Robl The USPTO has created a new option for patent applicants who receive a rejection in a final Office Action – the Post-Prosecution Pilot (“P3”). Like the…
Rank this Week: 832

Intellectual Property News

Intellectual Property News

By Mandour & Associates.

http://www.intellectualpropertynews.com/
  • Aug 18

    Statutory Copyright Damages Not Available in Lebron James Tattoo Lawsuit

    Statutory Copyright Damages Not Available in Lebron James Tattoo Lawsuit
    IPNews® - A federal judge has ruled that Solid Oaks, a tattoo artist company, cannot seek statutory damages or attorney’s fees in its copyright infringement lawsuit.   The lawsuit was brought against Take-Two Interactive…
  • Aug 12

    Tasty Burger Chain Claims Chipotle Has Infringed its Trademark

    Tasty Burger Chain Claims Chipotle Has Infringed its Trademark
    IPNews® - Hamburger chain Tasty Burger claims Chipotle has violated its trademark rights with its new chain Tasty Made.   Both companies also use a red banner with white text as part of the logo.  Though Tasty Burger sent a…
  • Aug 4

    PETA Files Appeal in Monkey Selfie Case

    PETA Files Appeal in Monkey Selfie Case
    IPNews® - After a judge rules that an animal cannot own a copyright, PETA has filed an appeal. PETA’s case seeks to grant a monkey a copyright for a photo he took with a nature photographer’s camera.  Currently the photo…
Rank this Week: 913

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
Rank this Week: 44

Deal Law Wire

Deal Law Wire

Addresses private equity, foreign investment in Canada, antitrust/competition, cross-border transactions, litigation, taxation, employment and intellectual property issues that affect deal-making. By Norton Rose Fulbright.

http://www.deallawwire.com/
  • Aug 18

    INCOMING TAX CHANGES MAY SPAWN A SURGE IN PRIVATE COMPANY ASSET SALES

    INCOMING TAX CHANGES MAY SPAWN A SURGE IN PRIVATE COMPANY ASSET SALES
    With fall around the corner and looming tax changes, certain private companies – Canadian-controlled Private Corporations (generally, private corporations that are controlled by Canadian residents, referred to herein as CCPCs) –…
  • Aug 17

    Social Media and Online Deal Sourcing:  The new tool for your M&A toolbox

    Social Media and Online Deal Sourcing:  The new tool for your M&A toolbox
      Intralinks’ article, Social media is changing M&A, discusses how social media platforms are surpassing their purpose as an easy way to keep in touch to become useful tools in deal-making strategies. Social media can…
  • Aug 11

    What Basel III Means for Escrow Management

    What Basel III Means for Escrow Management
    Following the financial crisis of 2008, harsher regulations governing financial institutions were implemented to mitigate future economic recessions. As discussed in an article by the Canadian Bankers Association, new financial regulations,…
Rank this Week: 4518

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Aug 18

    The odd inversion of the trademark “rights in gross” conundrum

    The odd inversion of the trademark “rights in gross” conundrum
    Is reselling domain names a violation of the UDRP? At his blog, Gerald “Mr. DMCA” Levine lays out the question, and then answers it plain and simple (emphasis mine): On the question of reselling domain names on the secondary…
  • Aug 13

    Confusion ascendant

    Confusion ascendant
    Originally posted 2015-07-25 23:11:05. Republished by Blog Post Promoter Jewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) five national calamities occurred: During the time of Moses, Jews in the desert…
  • Aug 11

    Jews for Jesus* v. free speech: update

    Jews for Jesus* v. free speech: update
    Originally posted 2012-12-04 12:56:40. Republished by Blog Post PromoterMaybe if Steve Brodsky or the Whistleblower published pornography or scandalous charactures of Dick Cheney or were uploading music files the self-appointed guardians of…
Rank this Week: 136

UnIntellectual Property

UnIntellectual Property

Highlights instances where an owner attempted to claim exclusive intellectual property rights in a trademark, copyright, or trade secret (and to a lesser extent patent) only to have a court of law, or other authority, declare no intellectual property rights exists. By Brian A. Hall.

http://unintellectualproperty.com/
  • Aug 18

    How Sweet It Isn’t

    How Sweet It Isn’t
    UnIntellectual Property (UnIP): Trade dress in Blossom Pastry Design The Third Circuit has affirmed the District Court’s ruling that the Blossom Design for the shape of the dough surrounding a pie was functional and thus not entitled to…
  • Jun 22

    Copyright Law is so Fashionable

    Copyright Law is so Fashionable
    You Decide: Will the Supreme Court of the United States decide that stripes, chevrons, zigzags, and color blocks in cheerleader uniforms are subject to copyright protection?  If so, more robust copyright protection may come to fruition…
  • Feb 23

    Copyright Law Does Not Protect…the Law???

    Copyright Law Does Not Protect…the Law???
    UnIntellectual Property (UnIP): Copyright in Letter of the Law A unique dispute has arisen between two online legal research companies. Lawriter LLC (known as Casemaker) was hired by the state of Georgia to publish the Georgia Administrative…
Rank this Week: 3493

Free as in Freedom

Free as in Freedom

Discusses legal and policy issues in the software freedom community, with occasional interviews. By Bradley M. Kuhn and Karen Sandler.

http://faif.us/
  • Aug 18

    0x59: Audio Killed the Video Star

    0x59: Audio Killed the Video Star
    Show Notes Segment 0 (00:36) Bradley said in the before time — in the long long ago, which is a reference to the South Park parody of the ST:TOS episode, Miri (01:30) Bradley mentioned when Karen Sandler left the GNOME…
  • Jul 14

    0x58: Debian Copyright Aggregation

    0x58: Debian Copyright Aggregation
    Show Notes Segment 0 (00:38) Note: While it was released just after DebConf16, this episode was recorded well before DebConf16; the discussions about DebConf refer to DebConf15. Bradley mentioned his talk at DebConf. This…
  • Nov 24

    0x57: Support Conservancy Now!

    0x57: Support Conservancy Now!
    Show Notes Bradley mentioned Cygnus Solutions, ultimately acquired by Red Hat, which was an early for-profit supporter of copylefted projects. Bradley and Karen discussed the VMware lawsuit. Chris Webber wrote this…
Rank this Week: 1814

Patent Arcade

Patent Arcade

Covers video game IP law. By Ross Dannenberg.

http://www.patentarcade.com/
  • Aug 18

    No Man's patent problem?

    No Man's patent problem?
    There's an interesting article in Law360 today about a potential patent dispute surrounding No Man's Sky and the so-call Superformula.  From the article, and of interest to our readers:Many video games have focused on space exploration;…
  • Aug 10

    Ed Sheeran sued for copyright infringement.... again.

    Ed Sheeran sued for copyright infringement.... again.
    As previously reported, Ed Sheeran was sued back in June for copyright infringement.  Well either the sharks smell blood, or perhaps there's something in the water, but be's been sued again based on another of his songs, as reported by…
  • Jul 29

    Activision loses data retrieval patent under 35 USC 101

    Activision loses data retrieval patent under 35 USC 101
    Activision Publishing, Inc. v. xTV Networks LTD., et al.Central District of CaliforniaCV 16-00737Order dated July 25, 2016On Monday, another patent fell to the great patent slayer - 35 USC 101. Activision was but the latest patentee to see…
Rank this Week: 452

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: 105

Patent Law Practice Center

Patent Law Practice Center

Features news, analysis and resources on patent law. From the Practicing Law Institute (PLI).

http://patentlawcenter.pli.edu
  • Aug 18

    Alice Experts and the Return of Second Pair of Eyes to the PTO

    Alice Experts and the Return of Second Pair of Eyes to the PTO
    “I have not yet run into an Art Unit that does not have someone designated as an Alice expert,” explained JiNan Glasgow of Neopatents. “They won’t always tell you who it is, but they all say they have an Alice…
  • Aug 17

    Less than 20% of U.S. patents have at least one woman inventor

    Less than 20% of U.S. patents have at least one woman inventor
    Although women have more than quintupled their representation among patent holders since 1977, a pronounced patent gender gap remains. In 2010, according to a new briefing paper by the Institute for Women’s Policy…
  • Jul 29

    Federal Circuit finds another software patent claim eligible

    Federal Circuit finds another software patent claim eligible
    Recently,  the United States Court of Appeals for the Federal Circuit issued a decision in BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC. Writing the opinion for the majority was Judge Raymond Chen, who also authored the…
Rank this Week: 691

Patent Lawyer Blog

Patent Lawyer Blog

Covers developments in patent law and litigation. By Stan Gibson of Jeffer Mangels Butler & Mitchell LLP.

http://patentlaw.jmbm.com/
Rank this Week: 1430

Canadian Trademark Blog

Canadian Trademark Blog

Commentary on Canadian trademarks & technology law. By Clark Wilson LLP.

http://trademarkblog.ca/
Rank this Week: 909

PharmaPatents

PharmaPatents

Covers intellectual property in the chemical, biotech, and pharmaceutical fields. By Foley & Lardner LLP.

http://www.pharmapatentsblog.com
  • Aug 17

    USPTO Sued Over December 2015 Holiday

    USPTO Sued Over December 2015 Holiday
    Elm 3DS Innovations, LLC has sued the USPTO in the U.S. District Court for the Eastern District of Virginia to challenge its authority to declare that December 22-24, 2015 were “holidays” because the USPTO had experienced a power…
  • Aug 15

    Construing Markush Group Claim

    Construing Markush Group Claim
    In Multilayer Stretch Cling Film v. Berry Plastics, the Federal Circuit provided a detailed discussion of the construction of claims that use Markush group language. The decision emphasizes the closed nature of the “consisting…
  • Aug 8

    AbbVie Sues Amgen On 10 Of 100 Humira Patent

    AbbVie Sues Amgen On 10 Of 100 Humira Patent
    On August 4, 2016, Abbvie Inc. filed a complaint against Amgen, Inc. under the Biologics Price Competition and Innovation Act (BPCIA), asserting that Amgen’s application for approval of a biosimilar version of HUMIRA® infringes a…
Rank this Week: 1775

CommLawBlog

CommLawBlog

Covers developments in the entire range of issues addressed by the Federal Communications Commission in its regulation of spectrum-related activities, as well as copyright, trademark, First Amendment and Internet issues. By Fletcher, Heald & Hildreth.

http://www.commlawblog.com/
  • Aug 17

    Reminder: ETRS Registration, ETRS Form One Due August 26

    Reminder: ETRS Registration, ETRS Form One Due August 26
    Attention all you EAS participants. The deadline for registering with the Commission’s EAS Test Reporting System (ETRS) AND submitting your ETRS Form One is fast approaching. We alerted you to the August 26, 2016 deadline a couple of…
  • Aug 11

    Update: New and Revised EAS Codes To Take Effect September 12

    Update: New and Revised EAS Codes To Take Effect September 12
    Last month we reported on the addition of three new event codes (those would be EWW, SSA and SSW) and two revised location codes to the laundry list of EAS-related codes to be used in the headers of emergency announcements. As we noted back…
  • Aug 10

    Copyright Royalty Judges Propose To Clarify Streaming Reporting Rules for Noncommercial Broadcaster

    Copyright Royalty Judges Propose To Clarify Streaming Reporting Rules for Noncommercial Broadcaster
    Proposed change would include noncommercial broadcasters among “Eligible Minimum Fee Webcasters.” It looks like noncommercial broadcasters who stream may be in for a little more clarity in their reporting responsibilities. The…
Rank this Week: 879