Intellectual Property Law Blogs - Law Blogs, Legal Blogs Directory & Search Engine

12:01 Tuesday

Examines recently issued patents and interesting trends from the USPTO. By Aaron R. Feigelson.

http://www.1201tuesday.com/1201_tuesday/

Feb 7
Wait One Day, Lose Two Days! Not Free!

Wait One Day, Lose Two Days! Not Free!

Today brings the best teaching example I've seen on the importance of promptly responding to Office Actions. Every patent practitioner knows that there are statutory periods to respond to USPTO Office Actions. Typically, they are six…
Jan 24
Care to Wager?

Care to Wager?

I am currently attending the AIPLA Mid-Winter Institute in Las Vegas, in honor of which I present the following graph: I'm going to
Feb 10
Latest Tool to Fight BPAI Backlog: Laziness?

Latest Tool to Fight BPAI Backlog: Laziness?

Today's decision in Ex Parte Schmieding (assignee: Naples, Fla.-based Arthrex, Inc.) may set a record for shortest BPAI decision on the merits.

Rank this Week: 3953

3D Internet Law Blog

Covers intellectual property and contracts in virtual worlds and multiuser online games. By Stephen Wu.

http://www.3dinternetlaw.com/index.html

May 20
Washington Lawyer Article on Virtual Worlds and MMOG

Washington Lawyer Article on Virtual Worlds and MMOG

Recently, writer Thai Phi Le wrote a Washington Lawyer magazine article entitled “Virtual Reality Meets Real-Life Law.” She interviewed me and other lawyers who practice in the area to write a thorough article on different…
Apr 10
Virtual Worlds Research Jornal Review

Virtual Worlds Research Jornal Review

Today, I came across a new resource for looking at virtual worlds: Virtual Worlds Research. This is an online, peer-reviewed academic journal. The journal can be found here.
Mar 9
Delta Seeks Dismissal of California AG Suit

Delta Seeks Dismissal of California AG Suit

In my last post about the mobile app privacy lawsuit by California’s Attorney General against Delta Airlines, I talked about the recently filed complaint in San Francisco’s Superior Court. The AG claimed that Delta Airlines…

Rank this Week: 3174

43(B)log

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

http://tushnet.blogspot.com/

Jun 17
back pocket logo as "title" for advertising injury insurance purpose

back pocket logo as "title" for advertising injury insurance purpose

H/T Marty Schwimmer: CGS Indus., Inc. v. Charter Oak Fire Ins. Co., No. 11-2647-cv (2d Cir. June 11, 2013) Charter appealed from a judgment that it breached its duties to defend and indemnify to its insured, CGS, under its…
Jun 15
NYT on FTC case against internet marketer

NYT on FTC case against internet marketer

Nice long story, including quotes from my colleague David Vladeck, now returned to Georgetown.
Jun 14
Typicality defeats a food class action

Typicality defeats a food class action

Major v. Ocean Spray Cranberries, Inc., 2013 WL 2558125 (N.D. Cal.) Major sued Ocean Spray alleging that she bought several Ocean Spray juices/drinks “unlawfully labeled ‘No Sugar Added’ or bearing improper nutrient content…

Rank this Week: 31

A Budding Patent Lawyer's…

A Budding Patent Lawyer's Perspective

Covers patent law, mostly tailored to the patent prosecution perspective. By Trent Ostler.

http://trentostler.com/blog/

May 11
Baron Services v. Media Weather Innovations – When Is the Source Code Admissible?

Baron Services v. Media Weather Innovations – When Is the Source Code Admissible?

In disputes involving computer-related patents, obviously the plaintiff needs to establish that the defendant is infringing at least one of the patented claims. But when can the plaintiff peer into the defendant’s source code…
Apr 12
Baby update

Baby update

I have some interesting blog post topics marinating in my mind, but they are currently taking a back seat to other things, like spending quality time this baby girl. Belated welcome to the world baby #1!
Feb 23
Setting up an Interview with an Examiner

Setting up an Interview with an Examiner

When my wife’s doctor found out I was going to have an interview at the Patent Office, she asked why I didn’t like my current job. In patent circles, there is no such possible misinterpretation for what an interview is.…

Rank this Week: 3868

A Copyfighter's Musings

Discuss current copyright/internet law issues. By Derek Slater.

http://blogs.law.harvard.edu/cmusings

Oct 16
noimnotgoingtolawschool.com

noimnotgoingtolawschool.com

noimnotgoingtolawschool.com https://plus.google.com/u/0/107734895193166429976/posts/TsrKbF2BvP1
Jul 10
Life and death in Subspace

Life and death in Subspace

Matthew Butcher’s hockey teammates started a memorial fund for him last week. Some of these friends had known him for as many as twelve years. Few had ever met him in person.
May 17
Homes with very messy tail

Homes with very messy tail

In Bucharest, neighborhoods formed their own networks in order to bypass incumbents and meet their own needs. Later, these networks transformed into small businesses. My understanding is that the state of affairs is a bit different now, but…

Rank this Week: 3209

Academic Copyright

Covers law, culture and the use of intellectual property by scholars, teachers, students and librarians. By Elizabeth Townsend Gard.

http://academiccopyright.typepad.com/academiccopyright/

Jul 23
New blogging home

New blogging home

I am now blogging regularly at the Tulane Law School website.
Apr 2
The Schloss case

The Schloss case

It is strange... there hasn't been a lot (and by that I mean NO) discussion of the Schloss case on any of the listservs that come in... wierd. I'm not sure why. It seems to be staying under the radar. But I think it seems like a good…
Apr 2
Guest Blogging at Terra Nova

Guest Blogging at Terra Nova

Rachel and I are guest blogging over at Terra Nova this month. We are very excited.... http://terranova.blogs.com/. Also, episodes 1-7 of Fizzy's Second Life can be seen at http://fizzysecondlife.blogspot.com/.

Rank this Week: 2836

AdMark Buzz

Covers trademark, copyright, advertising, infringement and intellectual property law. By Locke Lord.

http://www.lockelordadmark.blogspot.com/

Feb 26
Apple, Inc. lost iPhone trademark in Brazil: can you save your company’s brands and trademarks from the same fate? - Lexology

Apple, Inc. lost iPhone trademark in Brazil: can you save your company’s brands and trademarks from the same fate? - Lexology

Author: Jason NardielloIn advising their clients, attorneys who represent or advise corporations that have or wish to secure global IP rights would be well-served to become acquainted with the various options for protecting trademarks on a…
Jan 8
Apple v. Samsung: Injunction for Trade Dress Dilution Denied Based On Application of eBay Rule

Apple v. Samsung: Injunction for Trade Dress Dilution Denied Based On Application of eBay Rule

Author: Scott D. Greenberg, Esq.IntroductionIn August 2012, the jury in Apple Inc. v. Samsung Electronics Co., Ltd., U.S. District Court, Northern District of California, 5:11-CV-01846, returned a verdict awarding Apple $1.05…
Dec 13
President Obama is Expected to Issue Executive Order on Cyber Security and Privacy

President Obama is Expected to Issue Executive Order on Cyber Security and Privacy

The Draft Executive Order requires certain federal agencies to identify critical infrastructure where a cyber security incident could have national or regional effects on public health or safety, or economic or national security.The article…

Rank this Week: 2969

Afro-IP

Covers African intellectual property news and views.

http://afro-ip.blogspot.com/

Jun 17
A review of African official IP websites: no.50: Togo

A review of African official IP websites: no.50: Togo

As this Leo attempts to review the online presence of Togo's intellectual property (IP) office, he is nicely helped by one of our readers who goes by the name of Maria Georgieva - according to Google's translation. Maria has kindly…
Jun 16
All the talk about TRIPS deadline extension …

All the talk about TRIPS deadline extension …

Here's the final guest post from Chijioke Ifeoma Okorie, who has now joined the regular Afro-IP team:The Least Developed Countries’ agitation for an extension of the deadline within which they must comply with TRIPS reminds me of…
Jun 16
Hurray! LDCs offered 8 years TRIPS extension: Enough or not enough?

Hurray! LDCs offered 8 years TRIPS extension: Enough or not enough?

This blog has followed the TRIPS extension debate and development this year here and here since over 70% (25 out of 34) of WTO member countries categorised as least-developed countries (LDCs) are in Africa. Today, this Leo learns…

Rank this Week: 803

All Things Pros

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

http://allthingspros.blogspot.com/

Nov 27
Board explains proper determination of whether prior art controller is "capable of" performing claimed function

Board explains proper determination of whether prior art controller is "capable of" performing claimed function

Takeaway: In several appeals from Technology Center 1700, the Patent Trial and Appeal Board has reversed rejections when the Examiner asserted that a controller would have been "capable of" performing functional language. In doing so, the…
Nov 21
Guest Post: A Cautionary Tale Relating to Use of Declarations Under 37 C.F.R. § 1.132

Guest Post: A Cautionary Tale Relating to Use of Declarations Under 37 C.F.R. § 1.132

[Guest Post by Tracey Harrach, a registered patent attorney at Maschoff Gilmore & Israelsen. Tracey's practice includes all aspects of trademark and patent prosecution. She practices in a variety of technology areas, including:…
Nov 20
Blog Posts of Interest

Blog Posts of Interest

If you're not a regular reader of Ryan Alley's blog, you should be. Ryan covers Federal Circuit cases, with a sharp focus on the aspects that interest patent prosecutors. For example, his recent post on

Rank this Week: 1191

Andrei Mincov's Articles

Covers copyright and its interdependence with the overall political regime.

http://mincov.com/articles

Sep 11
Civilization or Mindless Helplessne

Civilization or Mindless Helplessne

Often when I argue the case for individual rights and radical departure from government regulation, I hear words to the effect that it is the collectively financed government regulation that creates the framework for a civilized life, from…
Jun 17
Monument to Human Devolution

Monument to Human Devolution

There once was a time in human history when monuments stood for something. They used to be erected to celebrate triumphs and achievements. Sometimes, they were built to commemorate national losses and tragedies. This happens no more. We are…
May 29
In Support of Abolition of Laws Prohibiting Private Discrimination

In Support of Abolition of Laws Prohibiting Private Discrimination

Most people unwittingly consider laws against private discrimination one of the greatest social achievements of the modern times. In this article I will explain how these laws are nothing more than a tool of everyone’s enslavement.

Rank this Week: 2539

Andrew P. Lahser's Patent Blog

Covers patents, trademarks, copyrights and IP Law for small businesses.

http://www.lahserpatent.com

Apr 11
Can a Canadian company recieve a US trademark?

Can a Canadian company recieve a US trademark?

If my company does some business in the US, but is located in Canada, can we secure a US trademark for out company name? (already have the Canadian one)~ Victoria, BC, CanadaYes. Foreign companies may apply for US trademarks. When doing so,…
Apr 10
Why do some large companies use tm instead of ® ?

Why do some large companies use tm instead of ® ?

**Why to some large companies use tm instead of ® ? **For example, Skype uses ™ instead of ®.~ LondonThis is the point of my website: how small companies use intellectual property differs from large companies. Skype (a large company) has…
Mar 12
Can you change a trademark’s goods and services description?

Can you change a trademark’s goods and services description?

In responding to trademark Office Action, can you make changes to goods and services description?Applied for a trademark, was declined due to “likelihood of confusion”. Am preparing Response to Office Action and need to know if I can…

Rank this Week: 2691

Andy SkinnerLopata's Blog

Features intellectual property and cyberlaw musings.

http://askinnerlopata.wordpress.com

Mar 16
Owners of registered trademarks targeted for deceptive notice

Owners of registered trademarks targeted for deceptive notice

Do you have a trademark or service mark registered with the United States Patent and Trademark Office (USPTO)? If you do, chances are you have received, or will recieve, a “notice” or “notification” from one or more private businesses…
Mar 8
Much Ado About Sidereu

Much Ado About Sidereu

What do slavery, denying women the right to vote, and musical borrowing have in common? They all existed in the eighteenth century. Why is that relevant? I’m not sure, but it appears that Register-Guard reporter Bob Keefer thinks it is to…
Feb 27
Everything Is a Remix – Great Series of video shorts about the history of copying

Everything Is a Remix – Great Series of video shorts about the history of copying

Everything Is a Remix is an impressive series of four video shorts by filmmaker Kirby Ferguson, examining the nature of the creative process, copying, and the implications of our laws on this creative process. Some of legal information is…

Rank this Week: 3376

ANTICIPATETHIS.com

A patent law blog providing thought-provoking commentary . . . with a dash of irreverent humor. By Jake Ward.

http://anticipatethis.wordpress.com

May 27
Memorial Day 2013 – Memorial Marker Patent.

Memorial Day 2013 – Memorial Marker Patent.

U.S. Patent No. 8,209,891: Memorial marker. JW Note: Memorial Day in the United States is a day of remembering the men and women who died while serving in the United States Armed Forces. We wish all of our readers a safe and happy…
May 17
After Final Consideration Pilot (AFCP), Version 2.0.

After Final Consideration Pilot (AFCP), Version 2.0.

The USPTO issued the following press release today, concerning the After Final Consideration (AFC) pilot program, which allows Examiners and Patent Applicants additional opportunities to reach agreement when the status of an…
May 1
Importance of Using a Registered Patent Practitioner.

Importance of Using a Registered Patent Practitioner.

Most anyone who has been involved in the filing of a patent application at the U.S. Patent and Trademark Office (USPTO) will tell you this – the patenting process is complicated. It is full of strange rules. To make…

Rank this Week: 1214

Anything Under The Sun Made By Man

Covers patents and business strategies. By Russ Krajec.

http://www.krajec.com/index.php?/weblog/

Jul 4
Can Patent Quality be Measured?

Can Patent Quality be Measured?

Ask any patent attorney about patent quality and you will open a big discussion. Most of the time, you will hear the phrase “I know it when I see it”, or something to that effect. There are some overt things that give a patent ‘high…
Jun 27
The Importance of an In-Person Disclosure Meeting, Even If It Is 8 Time Zones Away

The Importance of an In-Person Disclosure Meeting, Even If It Is 8 Time Zones Away

I am writing this post from a faraway international airport, listening to a bad rendition of “Total Eclipse of the Heart” followed by “You Were Always On My Mind”, beginning a twenty-something-hour-long journey home from a set of…
Jun 13
Longevity Questions and Solutions for Hiring Solo

Longevity Questions and Solutions for Hiring Solo

I have heard from large companies that they are reluctant to take on solo practitioners because they do not know if the solo will be around for the long haul. In other forms of law, such as family law or criminal law, the cases may span a…

Rank this Week: 3077

Art + Law + Blog

Covers art law, copyright, art dealers, museums and art law litigation. By Bryan Cave.

http://www.artlawteam.com

May 18
NOT EVEN CLOSE: JUDGE TOSSES LAWSUIT AGAINST AUCTION HOUSES PLUS THE LAW THAT WENT WITH IT

NOT EVEN CLOSE: JUDGE TOSSES LAWSUIT AGAINST AUCTION HOUSES PLUS THE LAW THAT WENT WITH IT

The War: A bunch of artists, including Chuck Close and the Sam Francis estate, sued Christies and Sotheby’s for millions of dollars in back royalties under the California Resale Royalty Act. This law obligates the buyer and dealer in a fine…
May 25
NO FAIR USE: PRINCE LOSES BADLY

NO FAIR USE: PRINCE LOSES BADLY

In 2000, a photographer named Patrick Cariou came out with a book of photographs he took during the 6 years when he lived with the Rastafarians in Jamaica. In 2007, Richard Prince, along with his dealer, Gagosian Gallery, began exhibiting a…
Aug 24
Accepting Gifts from www.bryancavecharitylaw.com

Accepting Gifts from www.bryancavecharitylaw.com

Accepting Gifts... Should You? Charitable organizations receive all types of donations, including cash, personal property, and even business interests. Often times, the charity is so excited about a potential gift that no diligence is…

Rank this Week: 3313

AS-IS: Ecommerce, Internet,…

AS-IS: Ecommerce, Internet, Software & Technology Law and Contracts

Comments on technology deals and companies. By Harry Boadwee.

http://boadweelaw.com/blog

Aug 2
New Importance of Design Patent

New Importance of Design Patent

Follow the link for an article on the startling new importance of design patents. Design patents were formerly something of a backwater of patent law, but, as the article explains, a 125-year-old “sleeper” provision in the law could…
Jun 15
How to Protect Long-Term Investments in Operational Contracts (Full Article)

How to Protect Long-Term Investments in Operational Contracts (Full Article)

Consider one of the most difficult issues you’ll ever encounter when negotiating a contract: one party must make a large, long-term investment for the deal to work, but won’t sign the contract unless its investment (and its return on the…
Jan 3
10 Tips for Bringing Your Business to the Web

10 Tips for Bringing Your Business to the Web

Starting up a business, or entering a new market channel, is never easy. Starting a business on the World Wide Web (the web), or moving an existing “offline” business there, requires not only effort and risk, but also demands new…

Rank this Week: 2941

Athans & Hogan Blog

Covers intellectual property, copyright, and trademark.

http://www.athanshogan.com

Jun 11
Techniques For Good Oral Care And A Healthy Mouth

Techniques For Good Oral Care And A Healthy Mouth

In the event your ideas about dental care are old-fashioned, you might be quite scared of the dentist. Luckily, people who take the time to research the options in dental treatment now understand that it is simple to get great dental…
May 25
David Byrne Sues Charlie Crist for Copyright Infringement

David Byrne Sues Charlie Crist for Copyright Infringement

Legendary Talking Heads frontman David Byrne is steamed, and he’s not going to take it anymore! No, it’ has nothing to do with his passion for bicycling. It has something to do with copyright infringement.
May 17
We the People of Facebook…

We the People of Facebook…

Facebook and its take on privacy settings have been in the news quite a bit lately. What is the big deal? Facebook has created a vast maze of settings which is nearly impossible to navigate on your own.

Rank this Week: 2745

Attorney Peter Vickery

Covers copyright, trademark, anti-discrimination, and election law.

http://attorneypetervickery.blogspot.com/

Mar 13
Desegregation: a new rule

Desegregation: a new rule

Advocates of desegregation should take heart, and planners should take notice, because at last it's official: Land-use policies that perpetuate residential segregation are illegal. A new rule from the Department of Housing and Urban…
Jan 31
Right's Attack on NLRB Continue

Right's Attack on NLRB Continue

Speaker Boehner and Leader McConnellEmployees and small business owners alike in Western Massachusetts need to know whether the current controversy around the National Labor Relations Board (NLRB) will affect their legal rights. The source of…
Jan 18
This should be easy

This should be easy

Some aspects of intellectual property law are inherently complex. But other areas could be -- and should be -- much simpler. For example, you would think the law would have a crystal clear answer to this question: When a retailer is selling…

Rank this Week: 3714

Austin Trademark Lawyer Blawg

Musings on Trademark Law From a Decidedly Texas Perspective. By Christopher L. Graff.

http://austintrademarklawyer.blogspot.com/

May 30
Who Owns the name Black Sabbath?

Who Owns the name Black Sabbath?

Ozzy Osbourne filed suit this week against guitarist Tony Iommi for claiming ownership of the band's name. Iommi claims that Ozzy and the other band founders relinquished their rights to the name in the 1980s. Iommi's federal registration…
Apr 18
The Dumbest Trademark Demand Letter?

The Dumbest Trademark Demand Letter?

Marc Randazza points to one of the dumbest trademark demand letters he's ever read: dumb not because it has "the misplaced certitude, the overblown rhetoric, the baseless imputation of evil to the recipient, and over-all lack of…
Apr 18
"We speak cars" lands Ford in infringement suit

"We speak cars" lands Ford in infringement suit

...but the suit was apparently quickly resolved (unlike the notorious "We'll pick you up" lawsuit between Enterprise Rent-A-Car and Advantage Rent-a-Car, which went on ...and

Rank this Week: 1071

Automating Invention

Covers computers, invention, and the law. By Robert Plotkin.

http://www.automatinginvention.com/

Dec 1
Biological Models for Robot Design

Biological Models for Robot Design

MIT professor Sanbae Kim is studying the animal kingdom to find biological models for robot designs. Working with Stanford professor Mark Cutosky, Kim has designed robots like the Stickybot, named... [[ This is a content summary only. Visit…
Nov 29
Using Genetic Programming to Repair Software

Using Genetic Programming to Repair Software

Automatic program repair has long been a goal in the software industry. Finding and fixing bugs is currently a manual operation that represents a major portion of the software development life... [[ This is a content summary only. Visit…
Nov 15
Encouraging Innovation with Cash Prize

Encouraging Innovation with Cash Prize

The Computing Community Consortium (CCC) blog recently examined the role of monetary prize awards as an incentive for encouraging research in technical fields. In September, Netflix awarded a $1... [[ This is a content summary only. Visit…

Rank this Week: 3360

Azrights' IP Brands Blog

Covers trade marks, copyright, internet marketing, social networking, search engine optimization, protection of reputations and brands on the internet.

http://www.ip-brands.com/blog/

May 1
TV Show Mad Men faces potentially mad IP battle over photos and likeness right

TV Show Mad Men faces potentially mad IP battle over photos and likeness right

When using photographs or images in a commercial context, getting an IP lawyer to assess the copyright situation is an obvious move. However, as the producers of hit TV show ‘Mad Men’ recently discovered, it may not be…
Apr 24
Apple granted a trademark over physical layout of the Apple Store

Apple granted a trademark over physical layout of the Apple Store

Trademarks can protect more than just a brand name or logo. Chocolate maker Cadbury successfully trademarked the shade of purple associated with the brand, while Coca-Cola famously managed to secure a trademark over its iconic Coke bottle.…
Apr 9
Copyright, emulation and software – is imitation not the sincerest form of flattery?

Copyright, emulation and software – is imitation not the sincerest form of flattery?

Software is essential to everyday life, it’s how we carry out research, get our entertainment fix, communicate with each other, manage information, carry out calculations, implement business processes and unleash our creativity. …

Rank this Week: 2541

BAZPAT

Cover IP procurement and enforcement in Australia. By Barry Eagar.

http://bazpat.blogspot.com/

Jun 2
Shut Down

Shut Down

Sadly, I won't be posting here any longer due to my present workload. However, I will continue to post on www.barryeagar.com.au. Please visit me there. I apologise to regular and new visitors.That said, you may still find some…
May 3
Patent Valid - Innovation Patent Invalid

Patent Valid - Innovation Patent Invalid

Delnorth Pty Ltd v Commissioner of Patents [2013] FCA 165This case illustrates the types of prior art information available for determining "innovative step" for innovation patents and "inventive step" for patents. In some case the difference…
Feb 5
Novozymes v Danisco

Novozymes v Danisco

Link: Novozymes A/S v Danisco A/S [2013] FCAFC Date: 4 February 2013Requirement of clarity in patent claimsWhether claims not novel when compared with prior art base - inevitable outcome and understanding of skilled…

Rank this Week: 2802

Biz-Media-Law Blog

By Wahab & Medenica.

http://wrlawfirm.com/BlogWP/

Oct 1
W&M Partner Olivera Medenica attended Feberal Bar Assoc.’s Annual Conference as National Delegate

W&M Partner Olivera Medenica attended Feberal Bar Assoc.’s Annual Conference as National Delegate

W&M Partner Olivera Medenica attended the Federal Bar Association’s annual conference in San Diego as a National Delegate of the FBA’s Southern District of New York Chapter. The FBA represents the Federal legal professional. It consists…
Aug 20
Wahab & Medenica Partner Kaiser Wahab Moderates Tech & Media Panel Series at New York’s Cornell Club

Wahab & Medenica Partner Kaiser Wahab Moderates Tech & Media Panel Series at New York’s Cornell Club

As part of Wahab & Medenica’s commitment to navigating the highly dynamic tech & media space, partner Kaiser Wahab moderated the first “Technology and Media Influencer Panel” at New York City’s Cornell Club on Tuesday, August 14th. …
May 14
JOBS Act Passed, Now What? 5 things Mature Biz + Entrepreneurs Need to Think About

JOBS Act Passed, Now What? 5 things Mature Biz + Entrepreneurs Need to Think About

By: Kaiser Wahab and Lauren Mack

Rank this Week: 1723

Blake Firm Business Law Blog

Covers business law, contracts, business litigation and intellectual property issues.

http://theblakefirm.com/blog/

Jan 29
Austin Innovation Week & RISE Entrepreneurship Conference Presentation

Austin Innovation Week & RISE Entrepreneurship Conference Presentation

We are proud to announce two new business law presentations in the month of May. For the third year in a row, we are hosting a presentation with the RISE Entrepreneurship Conference. We are also hosting a business law presentation ……
Oct 8
Enforcing Texas Employment Contracts & Non-Compete Agreement

Enforcing Texas Employment Contracts & Non-Compete Agreement

Non-compete agreements in employment contracts are often misunderstood by both employers and employees. Texas employment law generally protects employees, and Texas is known as a right to work state, often construing employment contracts and…
Oct 2
Selling a C-Corp: Stock Sale vs Asset Sale

Selling a C-Corp: Stock Sale vs Asset Sale

Selling a corporation is generally achieved by either an asset sale or by selling all company stock. When selling a business in Texas, selling the stock of a C-corporation rather than just selling the company assets often results in better…

Rank this Week: 701

bLAWg

Covers business and intellectual property law. By Jonathan L.A. Phillips.

http://jonathanlaphillipslaw.com/category/blawg/

Dec 12
Copyright Expiration Flowchart

Copyright Expiration Flowchart

Determining when a copyright expires, or has expired, is a very difficult process. Even for an intellectual property attorney.
Dec 8
Reliable Fire Re-establishes the Three Prong Test of Reasonableness for Non-Compete

Reliable Fire Re-establishes the Three Prong Test of Reasonableness for Non-Compete

A Brief Explanation of Reliable Fire Equipment Co. v. Arnold Arredondo, 2011 IL 111871 (2011). For years, there have been different standards for the enforceability of non-compete clauses put forth by various appellate courts in Illinois.…
Nov 30
America Invents Act

America Invents Act

USPTO Logo

Rank this Week: 3572

Blawg IT

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

http://blawgit.com

Jun 10
The Right of Publicity

The Right of Publicity

Hey, That’s Me! You spend months working on your cosplay outfit, and it turns out perfect. You are the hit of the con, with everyone taking your picture. Then, all of a sudden, you see you and your outfit on all kinds of merchandise,…
Feb 1
What is the Difference Between ™, ®, and ©?

What is the Difference Between ™, ®, and ©?

You see these symbols every day, but what do they mean? Here is a handy guide to help you understand the difference between ™, ®, and ©. ™ ™ stand for “trademark.” When you see a ™ next to a word,…
Jan 22
Frequently Asked Questions About Patent

Frequently Asked Questions About Patent

What is a patent? A patent is a legal document. It defines the scope of your invention. A patent allows you to prevent others from making, using or selling your invention without paying you. You can see what a patent looks like here. Is…

Rank this Week: 816

Blawgertainment

Covers intellectual property, entertainment and media law. By Ken Davidson.

http://www.blawgertainment.com

Oct 2
Time Warp: October 3, 2007 (Family Guy)

Time Warp: October 3, 2007 (Family Guy)

On this day in 2007, the copyright owner of the song “When You Wish Upon A Star” sued the makers of Family Guy for copyright infringement. In Bourne Co. v. Twentieth Century Fox Film Corp., Bourne claimed that the song “I Need A Jew”…
Aug 2
Blawgertainment Is on Hiatu

Blawgertainment Is on Hiatu

Blawgertainment is on hiatus. We’ll be back after Labor Day. A safe and relaxing August to all.
May 19
Makers of The Oregon Trail Video Game Sue Zynga for Trademark Infringement

Makers of The Oregon Trail Video Game Sue Zynga for Trademark Infringement

The Learning Company has sued Zynga for infringing its trademark for “The Oregon Trail” video games. Zynga intends to sell its own version of the classic frontier-era game under the name “FrontierVille Oregon Trail.” According to the…

Rank this Week: 2642

Covers the legal aspects of blogging. Topics include blog-related intellectual property law, Internet regulation, defamation, and censorship, as well as how blogs are used as evidence and authority in the courts. By Professor Eric E. Johnson.

http://bloglawblog.com/blog/

Jun 6
Blog Law Blog Has Never Cooperated with NSA’s Special Source Operation

Blog Law Blog Has Never Cooperated with NSA’s Special Source Operation

Tweet Well, it’s been a busy day for cybernews. The Washington Post has broken a huge story that the U.S. government, specifically the NSA and the FBI, are accessing e-mails, photos, videos, and other personal data via its…
Jun 4
UK Court Rules 7-Word Tweet Libeled Lord

UK Court Rules 7-Word Tweet Libeled Lord

TweetLord Robert Alistair McAlpine was libeled by a tweet from Sally Bercow, the wife of the Speaker of the House of Commons, according to a May 24, 2013 decision of UK’s High Court of Justice. With a question of damages still pending,…
May 21
Moore Tornado

Moore Tornado

TweetThe terrible tornado that hit Moore, Oklahoma was just a few miles north of where I live in Norman. It was visible from the hill where I live – although only indirectly. The funnel could not be seen through the rain, but the power…

Rank this Week: 354

BLOG@IP::JUR

Covers intellectual property law. By Axel H Horns.

http://www.ipjur.com/blog2/

May 29
New Developments: European Patent With Unitary Effect, EU Patent Jurisdiction

New Developments: European Patent With Unitary Effect, EU Patent Jurisdiction

Under the date of May 26, 2011, the EU Council has published Document 10629/11 titled Proposal for a Regulation of the Council and the European Parliament implementing enhanced cooperation in the area of the creation of unitary patent…
May 24
Some Preliminary Remarks On COM(2011) 287 Provisional

Some Preliminary Remarks On COM(2011) 287 Provisional

Galaxy of IP rights ...
May 24
OHIM Set To Become Official Host For European Observatory On Counterfeiting And Piracy

OHIM Set To Become Official Host For European Observatory On Counterfeiting And Piracy

OHIM, Alicante (soon to be augmented into an enforcement agency)Today, the EU Commission has published a Proposal for a Regulation of the European parliament and the Council on entrusting the

Rank this Week: 3131

BlogIP - Galvani Legal's Blo

Covers intellectual property law.

http://www.galvanilegal.com/blog

Jun 12
Reviving an Abandoned Trademark Application

Reviving an Abandoned Trademark Application

A trademark application will be abandoned by the Trademark Office if a deadline passes without you taking certain action. This can happen, for instance, if the Trademark Office has issued you an Office Action that requires a response, and the…
May 31
What is a Divisional Application?

What is a Divisional Application?

There is a whole world of patent applications beyond the original nonprovisional patent application. There are provisional, plant, design, reissue, divisional, continuation, continued prosecution, and continuation-in-part applications. These…
May 16
Assignee Patent Applicants and Foreign Filing

Assignee Patent Applicants and Foreign Filing

The America Invents Act changed up a lot of the paperwork typically filed initially with an original patent application. One of the changes allowed “applicants,” or assignees, to directly file an application. Previously, an…

Rank this Week: 2437

Brand Ventures IP Law Blog

Covers trademarks, brands, and relevant issues such as valuation, protection, registration, and emerging promotional platforms.

http://brandventures.blogspot.com/

May 5
The End of The United Stated Patent and Trademark Agency?

The End of The United Stated Patent and Trademark Agency?

Brand Ventures IP Law's Blog is back to weekly postings, and ideally, we will be cross-linking content with our other social media platforms (Brand Ventures IP Law's Facebook Page, Brand Venture's Twitter Feed, and the admittedly long overdue…
Jan 23
The Emergence of Personal Branding in Professional Sport

The Emergence of Personal Branding in Professional Sport

For years, athletic leagues, collegiate sports associations, and professional teams have dominated the savvy use of intellectual property procurement to solidify their ownership of not only the teams, leagues and associations…
Jan 20
PromoJam 2.0 - Two More Days...

PromoJam 2.0 - Two More Days...

Be One of the First to Try, Click Here

Rank this Week: 3748

brandGEEK

Covers trademark and branding. By Lara Pearson.

http://brandgeek.net/

Apr 24
Gun Control hits the USPTO

Gun Control hits the USPTO

As the heated (pun fully intended) public debate about gun control continues, I thought it would be fun to examine trademark applications for the term GUN CONTROL. I expected to find a roughly equal mix of applications filed by gun control…
Apr 20
Denver and the USPTO abuzz with 420

Denver and the USPTO abuzz with 420

According to NewYork.Newsday.com and the WashingtonTimes.com, today — April 20th — is a counter-culture /cannabis-culture holiday referred (or should I say reefered?) to as “four-twenty.”…
Apr 20
Gun Control hits the USPTO

Gun Control hits the USPTO

As the heated (pun fully intended) public debate about gun control continues, I thought it would be fun to examine trademark applications for the term GUN CONTROL. I expected to find a roughly equal mix of applications filed by gun control…

Rank this Week: 2755

BSA Audit Blog

Covers software audits, including Microsoft, BSA, and Adobe audits. By Scott & Scott.

http://www.scottandscottllp.com/main/blogindex.aspx?id=170

May 10
New Opportunities for the Business Software Alliance

New Opportunities for the Business Software Alliance

The Business Software Alliance (“BSA”) commented on a White House announcement indicating its intent to negotiate a new trade agreement with the European Union. The press release quoted former BSA CEO Robert Holleyman as saying…
Mar 26
Is it Possible to Short-Circuit a Software Audit?

Is it Possible to Short-Circuit a Software Audit?

Companies react in different ways after receiving a letter from the Business Software Alliance (BSA) or the Software & Information Industry Association (SIIA) demanding a software audit. Some ignore the letter, assuming it to be…
Jan 22
BSA Adds IBM to its Member List

BSA Adds IBM to its Member List

The Business Software Alliance (BSA) recently announced that IBM has joined the software-industry organization as a new member. It remains unclear at this stage whether the new relationship will have an impact on future BSA software audits.…

Rank this Week: 2413

Business + Intellectual Property +…

Business + Intellectual Property + Internet Law

From a Rhode Island point of view, this blog covers legal developments in the fields of business law, patent law, trademark law, copyright law, intellectual property law, and gaming law. By John Ottaviani.

http://bipilaw.blogspot.com/

May 7
Trademarks Are Everywhere in Dallas!

Trademarks Are Everywhere in Dallas!

As in every city, trademarks are everywhere in Dallas. Because I am here attending the Annual Meeting of the International Trademark Association, it is only fitting that I show a few that I spotted on a brief walk in the…
Apr 26
"Intellectual Property Protection for Small Businesses" Presentation

"Intellectual Property Protection for Small Businesses" Presentation

On Tuesday, I had the pleasure of co-presenting a workshop at the "Beacon for Small Business Expo," sponsored by Beacon Mutual for its policyholders and the general public. My presentation was titled "Intellectual Property Protection…
Mar 18
FTC Updates Rules for Internet and Mobile Advertising

FTC Updates Rules for Internet and Mobile Advertising

Does your company advertise online or on mobile devices? Do you promote your company on Twitter and Facebook? If so, you should take note that the Federal Trade Commission last week updated its guidelines for digital…

Rank this Week: 2417

Business and Entertainment Law

By Emily Patricia Graham.

http://businessentertainmentattorney.blogspot.com/

Feb 12
Acquiring Secondary Meaning: Manufacturing or Marketing/Distribution

Acquiring Secondary Meaning: Manufacturing or Marketing/Distribution

Knights Armament Co. v. Optical Sys. Tech. Inc., No. 09-14480 (11th Cir. Sept. 2, 2011)Appellant Optical Systems Technology Inc. (OSTI) and Appellees Knights Armament Company and its owner C. Reed Knight Jr. claimed ownership of the…
Feb 12
Retaining Jurisdiction over a Settlement Agreement in a Trademark Infringement Case

Retaining Jurisdiction over a Settlement Agreement in a Trademark Infringement Case

Vraiment Hospitality, LLC v. Todd Binkowski. No. 8:11-cv-1240-T-33TGW (Mid. Dist. Tampa, Sept. 23, 2011)Plaintiff Vraiment made a Motion to Enforce Settlement Agreement and Defendants filed a Reply in opposition. The parties had informed the…
May 11
Rockers vs. Bikers: Likelihood of Confusion

Rockers vs. Bikers: Likelihood of Confusion

Blackwall Group, LLC v. Sick Boy, LLC, 2011 U.S. Dist. LEXIS 19808 (M.D. Fla. Feb. 11, 2011)

Rank this Week: 2052

Business Law Post

Covers corporate law, securities law, intellectual property, and social entrepreneurship. By Arina Shulga.

http://www.businesslawpost.blogspot.com/

May 21
Can For-Profit Businesses Use Unpaid Interns in New York?

Can For-Profit Businesses Use Unpaid Interns in New York?

Even though I have previously written about it, I keep getting many questions regarding whether unpaid interns can work for a for-profit business. My conclusion is YES BUT… it can be risky for the business. In New York, interns can…
May 18
Crowdfunding Update

Crowdfunding Update

We are still patiently waiting for the SEC to develop rules implementing the crowdfunding provisions of the JOBS Act. While we are waiting, the industry prepares for the crowdfunding transactions. Recently, two interesting articles about…
May 12
Who Owns #Hashtags?

Who Owns #Hashtags?

Proliferation of social media continues to stretch the boundaries of the law and its definitions. It prompts us to apply the proven legal concepts to new technological and social phenomena with no clear and well-defined answers.A good…

Rank this Week: 1472

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/

Jun 3
What is a Reasonable Expectation of Privacy Anymore?

What is a Reasonable Expectation of Privacy Anymore?

Any law student or attorney cannot help but remember the seminal U.S. Constitutional law case of U.S. v. Katz. In Katz, the Supreme Court of the United States famously held the FBI could not bug a telephone booth (remember those?) in order to…
May 8
Privacy Today: The More Things Change, the More they Stay the Same

Privacy Today: The More Things Change, the More they Stay the Same

I recently had the privilege of moderating a privacy panel discussion at an unmanned aerial systems (“UAS”) conference. UAS’s have been in the news lately, so you can imagine the interest and concern for privacy and…
Apr 9
Charles Faruki Honored as an All-Star for Outstanding Client Service

Charles Faruki Honored as an All-Star for Outstanding Client Service

Charles Faruki, Managing Partner of FI&C was recently selected as a 2013 BTI Client Service All-Star MVP by BTI Consulting Group. All-Star MVPs are standout attorneys honored for delivering superior client service year after year. Charlie…

Rank this Week: 940

Business, Entertainment, Sports &…

Business, Entertainment, Sports & Technology (B.E.S.T.) Law Blog

Covers business, copyright, entertainment, IP and technology law. By ARC Law Group.

http://best.arclg.com/

Jun 8
Podcast: Literary Publishing

Podcast: Literary Publishing

Podcast: Literary Publishing This month on the Business Entertainment Sports and Technology Law Podcast, put your pen to paper with a discussion on literary publishing. Join ARC Law Group partner Mark Pearson and clerk Ben Shaw for an…
May 8
ARC Law Group: April Newsletter

ARC Law Group: April Newsletter

Welcome to the month of May. Graduation season is here, and Jeff and I would like to send out big congratulations to law clerks Katherine West, Will Dugoni and Ben Shaw. Enjoy the ceremony, the party and the short break…and then get…
May 6
The Legal Ethics of Podcasting

The Legal Ethics of Podcasting

by Leslie O'Callaghan The following article discusses the various legal issues related to online advertising for lawyers.. I. Introduction Radio and television advertising has often been mocked as sensationalist and dramatic. Although these…

Rank this Week: 901

California Business Attorney Blog

Covers business formation and intellectual property issues. By Bly Law, PC.

http://www.californiabusinessattorneyblog.com/

Aug 16
Is Apple Negotiating With the Cable Industry to Change the Way We Watch Television?

Is Apple Negotiating With the Cable Industry to Change the Way We Watch Television?

By: William Bly
May 25
Fox, NBC and CBS Sue Dish Network Over New Service That Allows Viewers to Skip Commercial

Fox, NBC and CBS Sue Dish Network Over New Service That Allows Viewers to Skip Commercial

By: William Bly
Apr 16
Ninth Circuit Opinion Demonstrates Difficulty for Fashion Wholesalers and Retailers Accused of Copyright Infringement to Dismiss Cases Before Trial

Ninth Circuit Opinion Demonstrates Difficulty for Fashion Wholesalers and Retailers Accused of Copyright Infringement to Dismiss Cases Before Trial

By: Shanen Prout

Rank this Week: 3318

California Patent Attorney Blog

Covers patent litigation and infringement.

http://www.californiapatentattorney.pro/

Jun 13
Jury Rules No Gift Card Patent Infringement by Barnes & Noble

Jury Rules No Gift Card Patent Infringement by Barnes & Noble

California - Barnes & Noble Inc. scored a big win in federal court June 7th when a jury found that it did not infringe on gift card technology developed by Alexsam Inc. This is first of many upcoming trials related to claims of patent…
May 29
Proctor & Gamble Alleges Infringement of Whitestrips Patent

Proctor & Gamble Alleges Infringement of Whitestrips Patent

California - CAO Group Inc., a company headquartered near Salt Lake City, Utah founded by Dr. Densen Cao, PhD was sued last week by Procter & Gamble Co., the well-known Ohio-based consumer goods conglomerate. Apart from dental products,…
May 1
MasterCard Sued in Virtual Payment Patent Infringement Case

MasterCard Sued in Virtual Payment Patent Infringement Case

California - An inventor by the name of John D'Agostino filed a complaint in a Delaware U.S. District Court accusing MasterCard, Inc. of infringing on his patent for a "System and method for performing secure credit card transactions". …

Rank this Week: 1921

California Trademark Attorney Blog

Covers trademark litigation, infringement and registration. By Mandour & Associates.

http://www.californiatrademarkattorney.pro/

Jun 11
Louboutin Sees Red over Trademark Infringement

Louboutin Sees Red over Trademark Infringement

California - Upscale footwear designer Christian Louboutin is back in federal court again, defending the well-known trade dress for red-soled shoes. This time, Louboutin claims the infringer is Huntington Beach, California-based brand…
May 14
Federal Judge Sides With Apple in IBOOKS Trademark Dispute

Federal Judge Sides With Apple in IBOOKS Trademark Dispute

California - New York U.S. District Court Judge Denise Cote recently ruled in Apple's favor in a lawsuit initiated by a New York publishing company which alleged that Apple's use of the "iBooks" trademark was an infringement. J.T. Colby…
Apr 25
Redskins QB RGIII Runs into Trademark Trouble

Redskins QB RGIII Runs into Trademark Trouble

California - Washington Redskins QB Robert Griffin III burst onto the NFL scene last season as a rookie. With his RGIII nickname gaining popularity he chose to try to protect it by filing an RGIII U.S. trademark application. The application…

Rank this Week: 2292

Canadian Trademark Blog

Commentary on Canadian trademarks & technology law. From Neil Melliship, Larry Munn and Karen Monteith of the Canadian law firm Clark Wilson LLP.

http://www.trademarkblog.ca

Jun 10
Declaring Control in Expungement Proceeding

Declaring Control in Expungement Proceeding

In De Grandpré Chait v. Mead Products LLC, the Trademarks Opposition Board (the “Board”) maintained the registration for YEAR-IN-A-BOX (the “Mark”), which is registered for use in association with calendars. At…
Jun 4
Injunction for Trademark Infringement: Québec

Injunction for Trademark Infringement: Québec

In Solutions Abilis Inc. v. Groupe Alithis Inc., the Québec Superior Court granted the plaintiff an interlocutory injunction precluding the defendant from using ALITHIS as part of its corporate name or trade name or as a…
May 16
Punitive Damages: Trademark and Copyright Infringement

Punitive Damages: Trademark and Copyright Infringement

The most recent case from the Federal Court continues the Court’s tough stance with respect to trademark and copyright infringement in Canada. In Harley-Davidson Motor Co. Group LLC v. Manoukian, the Court awarded significant…

Rank this Week: 1457

Cardozo Art Law Society

Blawg follows the Art Law community in New York and seeks to create a centralized resource for Art and Cultural Heritage Law in the United States.

http://www.itsartlaw.com/

Jun 17
Fact and Fraud: Two Forgery Rings Discovered in France and Germany

Fact and Fraud: Two Forgery Rings Discovered in France and Germany

Wassily Kandinsky's Blauer Kreis No. 2. This week two forgery rings were discovered in France and Germany. Both cases required long investigations and police resources-- an increasing trend worldwide as both art crime and public interest…
Jun 17
Is Body Art Free Speech?

Is Body Art Free Speech?

Tattoos, piercings, and other forms of body art have a long history. There is firsthand physical evidence of tattoos on a 5,200-year-old frozen corpse, and second-hand archeological evidence that the Egyptians wore tattoos as early as circa…
Jun 17
What's in a name 'Borghe$e'?

What's in a name 'Borghe$e'?

Coat of arms of the House of Borghese Depending on one's background and taste, 'Borghese' is associated with different things: Italian papal history, art collection in Rome, Napoleon's sister, cosmetics, reality show…

Rank this Week: 206

Carter Law Firm Blog

Covers intellectual property and social media. By Ruth Carter.

http://carterlawaz.com/blog/

Jun 13
How Work Made for Hire Contracts Work

How Work Made for Hire Contracts Work

If you have ever hired a third party to do photography, video work, web design, graphic design, or to create website or marketing materials for your company, you should check your contracts. If you didn’t draft it correctly,…
Jun 6
No Expectation of Privacy in Public

No Expectation of Privacy in Public

You have no expectation of privacy in anything you do or say in public. It used to be that if you did or said something in public that you later regretted, you only had to worry about the people who saw you repeating it to others. Now that…
May 30
New Stance on Blog Copyright Registration

New Stance on Blog Copyright Registration

Grrr . . . It seems like every time I call the Copyright Office with a question about blog copyrights, I have to change my stance on how and whether anyone should register their blog’s content. Mind you, when I wrote the Legal Side of…

Rank this Week: 1304

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/

Apr 26
The Model Alliance: Fighting for Labor Rights in the Fashion Industry

The Model Alliance: Fighting for Labor Rights in the Fashion Industry

The Model Alliance is a “growing network of models and industry leaders dedicated to improving working conditions in the American fashion industry.” The Model Alliance works to give models in the industry a voice. Started by…
Apr 18
A “Shmuck” in Fashion

A “Shmuck” in Fashion

As with many fashion-obsessed souls, I have spent countless nights dedicated to the fashionable world created by Patricia Field in “Sex and the City.” Sarah Jessica Parker’s Carrie Bradshaw is whom I always identified with…
Apr 2
Polo Ralph Lauren Score Goal in Trademark Match Against the U.S. Polo Association

Polo Ralph Lauren Score Goal in Trademark Match Against the U.S. Polo Association

For years, Polo Ralph Lauren and the U.S. Polo Association have been hooking mallets over the use of their polo player trademarks. In 1984, the long battle between the U.S. Polo Association and Polo Ralph Lauren began. At the time, a…

Rank this Week: 228

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