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ITC 337 Law Blog

ITC 337 Law Blog

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

http://www.itcblog.com
Rank this Week: 30

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 55

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Dec 18

    "Patent Reform that only China Would Want": right conclusion; wrong argument

    "Patent Reform that only China Would Want": right conclusion; wrong argument
    One finds in the post Congress is Pushing Patent Reform That Only China Would Want , the textPatent reform is seen as legislative low-hanging fruit that can be resurrected to rise above our partisan squabbling.The law now known as AIA passed…
  • Dec 18

    Court of Justice of the European Union rules that parthenogenetic cells are not embryos; ok for patenting

    Court of Justice of the European Union rules that parthenogenetic cells are not embryos; ok for patenting
    From EconomicTimesAn organism incapable of developing into a human being is not a human embryo and may be patented, the European Union's top court said on Thursday[18 Dec 2014], opening the door to certain stem cell patents in the European…
  • Dec 18

    Myriad loses at CAFC

    Myriad loses at CAFC
    IN RE BRCA1 - AND BRCA2-BASED HEREDITARY CANCER TEST PATENT LITIGATIONThe claims on appeal are directed to ineligible subject matterin violation of 35 U.S.C. § 101Of separate note is the textThe Supreme Court ap-proved of Judge…
Rank this Week: 65

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Dec 19

    Can You Make a Porcelain Sculpture Out of a Sow’s Ad?

    Can You Make a Porcelain Sculpture Out of a Sow’s Ad?
    French newspaper Le Figaro reported this week that ad man Frank Davidovici is likely suing artist Jeff Koons for plagiarism.The Centre Pompidouin Paris is now showing a retrospective of Jeff Koons’ work. Among them is Fait…
  • Dec 19

    Battistelli and Kongstad respond to EPO criticism

    Battistelli and Kongstad respond to EPO criticism
    Managing Intellectual Property has just published an article containing a series of questions and answers, put by Managing Editor James Nurton to EPO President Benoit Battistelli and Chariman of the Administrative Council, Jesper Kongstad.The…
  • Dec 19

    Friday fantasie

    Friday fantasie
    Forthcoming events. Plenty fresh events have been added to the IPKat's Forthcoming Events page in recent days, including a three-week course (13 to 31 July 2015) entitled "International IP Transactions: Practical skills and industry insights"…
Rank this Week: 77

43(B)log

43(B)log

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

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

    you can't a accuse competitor of lawbreaking when courts have ruled against you

    you can't a accuse competitor of lawbreaking when courts have ruled against you
    Paul Davis Restoration, Inc. v. Everett, No. 14–C–1534, 2014 WL 7140038 (E.D. Wis. Dec. 12, 2014)Following a series of unsuccessful lawsuits with Paul Davis Restoration, Inc., Matthew Everett, a former franchisee, began running a…
  • Dec 18

    irreparable harm is permissible inference, Third Circuit rule

    irreparable harm is permissible inference, Third Circuit rule
    Groupe SEB USA, Inc. v. Euro-Pro Operating LLC., No. 14-2767 (3d Cir. Dec. 17, 2014) District court opinion discussed here.  Euro-Pro appealed the preliminary injunction against it based on Lanham Act false advertising claims against its…
  • Dec 17

    Soul survivor: publicity and TM claims against recorded performance fail

    Soul survivor: publicity and TM claims against recorded performance fail
    Cummings v. Soul Train Holdings LLC, 2014 WL 7008952, No. 14 Civ. 36 (S.D.N.Y. Dec. 12, 2014)This right of publicity/trademark case based on use of recorded performances to which the plaintiff didn’t own the copyright could’ve…
Rank this Week: 81

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Dec 17

    17 Seconds #6

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

    Twitter Bug Makes Tweet Archives Unreliable For eDiscovery

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

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

    ‘It doesn’t take all types, there just are all types’ quote is by Tom Bohan, NOT Winston Churchill
    Thomas L. Bohan quotation ‘It doesn’t take all types, there just are all types’ erroneously attributed to Winston Churchill. I had the privilege of working for Thomas L. Bohan (hereinafter “Tom Bohan”) from…
Rank this Week: 82

Illinois Business Law Journal

Illinois Business Law Journal

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

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

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

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

    The Ride-Sharing Economy: Keeping Liability in the Rearview

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

    A Look at IRS's Transfer Pricing Audit Roadmap

    A Look at IRS's Transfer Pricing Audit Roadmap
    Background   There are still a number of corporations which have not fully recovered from the economic downturn, which consequently leads to less tax revenue for tax authorities.  As such, some of the tax authorities around the…
Rank this Week: 100

Patently-O

Patently-O

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

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

    Promega v. Life Tech: Enablement and Open Claim Element

    Promega v. Life Tech: Enablement and Open Claim Element
    By Jason Rantanen Promega Corp. v. Life Tech. Corp. (Fed. Cir. 2014) Download Promega v Life Tech Panel: Prost (dissenting-in-part), Mayer, Chen (author) This decision is interesting for its enablement analysis, which revolves around the term…
  • Dec 19

    No Willful Infringement Since Infringer’s Litigation Arguments were “Not Without Reason”

    No Willful Infringement Since Infringer’s Litigation Arguments were “Not Without Reason”
    by Dennis Crouch Sryker v. Zimmer (Fed. Cir. 2014) In 2010, Stryker sued its competitor Zimmer for infringing three patents covering pulsed lavage devices used for wound cleaning.  U.S. Patent Nos. 6,022,329, 6,179,807,…
  • Dec 18

    Inventing to Nowhere

    Inventing to Nowhere
    Although it is very much part of a PR campaign, the new documentary Inventing to Nowhere is also really well done.  Now streaming online:
Rank this Week: 110

Likelihood of Confusion

Likelihood of Confusion

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

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

    Rededication

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

    The TTAB, the trademark bloggers and the likelihood of preclusion

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

    I Read Dead Peoples’ Email: UPDATE

    I Read Dead Peoples’ Email: UPDATE
    Originally posted 2005-03-01 00:00:00. Republished by Blog Post PromoterRemember this item?  I wrote, regarding a family’s request for access to a serviceman’s email account after his death, as follows: I say that absent a…
Rank this Week: 113

The TTABlog

The TTABlog

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

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

    TTABlog Flotsam and Jetsam, Issue No. 15: Fee Reduction, New TPAC Members, TTAB Website Beta

    TTABlog Flotsam and Jetsam, Issue No. 15: Fee Reduction, New TPAC Members, TTAB Website Beta
    Here's another edition of "Flotsam and Jetsam," wherein I provide, on an irregular basis, timely tidbits to the TTABar. The last edition was a mere nine months ago. Can't promise when the next one will be. Trademark Fee Reduction: In a notice…
  • Dec 18

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

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

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

    CAFC Reverses TTAB Affirmance of Section 2(d) "TAKETEN" Refusal
    In a precedential opinion, the U.S. Court of Appeals for the Federal Circuit reversed a TTAB decision (here) which had affirmed a Section 2(d) refusal to register the mark TAKETEN for "health care services, namely, evaluating weight and…
Rank this Week: 128

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Dec 18

    More Misinformation Regarding the Patent System and Non-Practicing Entitie

    More Misinformation Regarding the Patent System and Non-Practicing Entitie
    By Michael Borella and Andrew Williams -- The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an…
  • Dec 18

    Court Report

    Court Report
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Sandoz Inc. 1:14-cv-02008; filed December 5, 2014 in the Southern District of Indiana Infringement…
  • Dec 17

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

    In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (Fed. Cir. 2014)
    By Kevin E. Noonan -- In a decision that will surprise no one (written by Judge Dyk, which made the conclusions foregone from the first page of the opinion), the Federal Circuit today affirmed the Utah District Court's decision denying Myriad…
Rank this Week: 130

Freedom to Tinker

Freedom to Tinker

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

https://freedom-to-tinker.com/
  • Dec 19

    How cookies can be used for global surveillance

    How cookies can be used for global surveillance
    Today we present an updated version of our paper examining how the ubiquitous use of online tracking cookies can allow an adversary conducting network surveillance to target a user or surveil users en masse. In the initial version of the…
  • Dec 12

    Why ASICs may be good for Bitcoin

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

    Striking a balance between advertising and ad blocking

    Striking a balance between advertising and ad blocking
    In the news, we have a consortium of French publishers, which somehow includes several major U.S. corporations (Google, Microsoft), attempting to sue AdBlock Plus developer Eyeo, a German firm with developers around the world. I have no…
Rank this Week: 132

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Dec 19

    Did Sony Let the Terrorists Win?

    Did Sony Let the Terrorists Win?
    Unless you’ve been living under a rock recently, you’ve probably heard about the hoopla caused by the new Seth Rogen and James Franco movie called the interview.  The movie follows a plot to assassinate North Korean dictator…
  • Dec 18

    The Strange Case of Strange Fruit

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

    Henley Is Not Taking It Easy

    Henley Is Not Taking It Easy
    According to music icon Don Henley, intellectual property rights are not a joking matter. Duluth Trading Company found this out when it adopted the advertising slogan: “Don a henley, take it easy” to promote and sell Henley shirts…
Rank this Week: 154

IPWatchdog.com | Patent Copyright…

IPWatchdog.com | Patent Copyright Trademark

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

http://www.ipwatchdog.com
  • Dec 19

    Mary Denison Appointed as New Commissioner for Trademark

    Mary Denison Appointed as New Commissioner for Trademark
    Since June 2011, Denison has served as the Deputy Commissioner for Trademark Operations, where she has been responsible for USPTO trademark application, legal examination and registration processes. She has led outreach to the trademark…
  • Dec 19

    Unlocking Patents: The Cost of Failure, The Benefits of Succe

    Unlocking Patents: The Cost of Failure, The Benefits of Succe
    LITAN: ''But let’s go back to the main point again from our paper, which is that we need to switch the national conversation about patents to doing a better job of exploiting what we have as opposed to arguing so much about what the…
  • Dec 19

    Surviving 101 Challenges After Alice Gone Wild

    Surviving 101 Challenges After Alice Gone Wild
    The judge made exception to §101 for laws of nature, natural phenomena, and abstract ideas exists because a patent on these would impede innovation more than promote it, contrary to the primary objective of patent law. As the Supreme…
Rank this Week: 181

Clancco: Art & Law

Clancco: Art & Law

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

http://clancco.com/wp
  • Dec 18

    Koons Foursome or, “Infringement is not a mathematical formula.”

    Koons Foursome or, “Infringement is not a mathematical formula.”
    According to Artnet, “Jeff Koons has been accused of plagiarizing a 1985 advertisement for French Clothing brand Naf Naf. Franck Davidovici, the Frenchman who created the ad in question, has claimed that Koons’s…
  • Dec 18

    FBI and LAPD Recover Artwork

    FBI and LAPD Recover Artwork
    According to the LA Times, “Nine works of art that were stolen six years ago in one of the largest art heists in L.A. history have been recovered by investigators from the Los Angeles Police Department and the FBI.”
  • Dec 16

    Monkey-Selfie Guy Still Thinks He Has Copyright

    Monkey-Selfie Guy Still Thinks He Has Copyright
    I guess having the U.S. Copyright Office issue a draft of its Compendium of U.S. Copyright Office Practices and specifically point out that photos taken by monkeys are a good example of something that can’t be registered is not enough.…
Rank this Week: 160

Counterfeit Chic

Counterfeit Chic

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

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

    Studies in cyber shopping: MarkMonitor Shopping Report

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

    Studies in cyber shopping: MarkMonitor Shopping Report

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

    Of Burch battles, white bread, and wonder about WASP

    Of Burch battles, white bread, and wonder about WASP
    When Chris Burch's first C. Wonder store opened its lacquered lime-green doors, just around the corner from the distinctive lacquered orange doors of the original Tory Burch store, the visual association was striking.  The obvious question,…
Rank this Week: 172

Eastern District of Texas Federal…

Eastern District of Texas Federal Court Practice

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

http://mcsmith.blogs.com/eastern_district_of_texas/
  • Dec 19

    ... And Now We're Tied Again - Samsung Wins Patent Case in Marshall

    ... And Now We're Tied Again - Samsung Wins Patent Case in Marshall
    A few days ago I noted that until last week, over the last two years the Eastern District of Texas was tied at ten plaintiff verdicts and ten defense verdicts, with each side also having one win in the two...
  • Dec 16

    Congratulations Judge Mazzant and Judge Schroeder

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

    Yet Another Case Involving Hookah Bars in East Texa

    Yet Another Case Involving Hookah Bars in East Texa
    Jabary v. Terrell, December 10, 2014; July 17, 204 (NO. 4:10-CV-711) Judge: Ron Clark; Amos Mazzant Holding: Defendants' Motion for Summary Judgment Granted in Part and Denied in Part Judge Clark adopted Judge Mazzant's report and…
Rank this Week: 189

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: 191

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: 235

Copyright Litigation Blog

Copyright Litigation Blog

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

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

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

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

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

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

    Art Law Event Of The Year This Friday!

    Art Law Event Of The Year This Friday!
    7th Annual Art Litigation and Dispute Resolution Practice InstituteFriday, November 21, 2014, 9:00 AM – 5:00 PM Member Price:   $200Non-Member Attorney Price:   $250Law Office…
Rank this Week: 241

Recording Industry vs The People

Recording Industry vs The People

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

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

    Individual defendants found liable in Grooveshark case

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

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

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

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

    2nd Circuit OK's scanning whole books for research as fair use in Authors Guild v HathiTrust
    In Authors Guild v. HathiTrust, the US Court of Appeals has ruled that scanning whole books for research purposes is fair use. In HathiTrust, a group of universities took digital scans prepared by Google and stored them in a "digital…
Rank this Week: 224

QuestionCopyright.org

QuestionCopyright.org

Covers copyright and freedom-based distribution methods for artists.

http://questioncopyright.org/
  • Nov 1

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

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

    Announcing BookLiberator Beta.

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

    Copyright as Censorship in Science: Striped Nanoparticle Edition

    Copyright as Censorship in Science: Striped Nanoparticle Edition
    A band of researchers has been tirelessly trying to demonstrate that a body of scientific work which rests on a paper from over 10 years ago is completely wrong. The only problem is, their argument isn't being allowed to stand or fall on its…
Rank this Week: 276

IP in Brief

IP in Brief

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

http://www.ipinbrief.com
  • Jul 24

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

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

    Determing Genuine Use of a CTM in the EU after ONEL

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

    Translating IP Translator For US Mark Holders Filing in Europe

    Translating IP Translator For US Mark Holders Filing in Europe
    I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the issues that came up was the case of Chartered Institute of…
Rank this Week: 264

The Trademark Blog

The Trademark Blog

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

http://www.schwimmerlegal.com/
  • Dec 19

    Cool Gear v Silver Buffalo re Trade Dress in Water Bottle Cap

    Cool Gear v Silver Buffalo re Trade Dress in Water Bottle Cap
    “. . . a distinctively configured flip forward spout and elegant elliptical, angled loop handle at the top, and at the side, distinctive texturized surfaces and raised vertical bars, interspersed around the side of the cap.” cool…
  • Nov 25

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

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

    5000 Trademark Blog Post

    5000 Trademark Blog Post
    There have been 5000 posts on The Trademark Blog since May 2002. If your trademark attorney had read all 5000 posts, then they would be informed. If they had written all 5000 posts, then they would be me.
Rank this Week: 342

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Dec 18

    The Food Babe Plagiarism Allegation

    The Food Babe Plagiarism Allegation
    Critics of Food Babe, better known as Vani Hari, recently accused the food blogger of plagiarism. But do the claims hold up to scrutiny?
  • Dec 17

    Copyright 2.0 Show – Episode 351 – Sunk Pirate

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

    3 Count: Genuine Improvement

    3 Count: Genuine Improvement
    Apple emerges victorious in iTunes DRM case, broadcasters try to halt sale of Aereo assets and U.S. artist accused of ripping off a French advertisement.
Rank this Week: 311

China Hearsay

China Hearsay

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

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

    China was brutal to US tech firms in 2014 – PCWorl…

    China was brutal to US tech firms in 2014 – PCWorl…
    China was brutal to US tech firms in 2014 – PCWorld bit.ly/1uSNGh7 © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to del.icio.us Post tags:
  • Dec 17

    China’s Corruption Fight Inseparable from Economic…

    China’s Corruption Fight Inseparable from Economic…
    China’s Corruption Fight Inseparable from Economic Reform | Wall Street Journal on.wsj.com/1wYZntW – - no value in anti-corruption for … © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to…
  • Dec 17

    Q. and A.: John Osburg on the Angst Found Among Ch…

    Q. and A.: John Osburg on the Angst Found Among Ch…
    Q. and A.: John Osburg on the Angst Found Among China’s Newly Rich | New York Times nyti.ms/1AoxYyT – - definitely not an enviable l… © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to…
Rank this Week: 308

Excess Copyright

Excess Copyright

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

http://excesscopyright.blogspot.com/
Rank this Week: 338

Los Angeles Intellectual Property…

Los Angeles Intellectual Property Trademark Attorney Blog

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

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

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

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

    Kendrick Lamar Sued For Infringing Music Copyrights In Rigamortus Song

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

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

    Levi’s Trademark Infringement Lawsuit Against Stussy’s Jeans Is Not Horseplay
    Levi Strauss & Co. has been making jeans forever and owns some of the earliest trademarks registered at the U.S. Patent & Trademark Office. The trademarks at issue involve Levi’s two-horses pulling on a pair of jeans design, one…
Rank this Week: 318

IP Dragon

IP Dragon

Covers intellectual property in China.

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

    IP Dragon has found a new den: IPDRAGON.ORG

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

    Constructed Knowledge Works Like a Red Flag To An Internet Intermediary

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

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

    Chinese Movie Posters Give You "Double Vision" Without The Alcohol
    Clone and OriginalThe silver screen is known to bring out the imagination of people. However, China's film industry has not given birth to a poster child of creativity, eyeing laboriously to any movie that has some measure of success, Chinese…
Rank this Week: 316

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: 363

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • Dec 19

    Does Tort Law Empower?

    Does Tort Law Empower?
    Ori J. Herstein, How Tort Law Empowers, 64 U. Toronto L.J.___ (2014) (forthcoming), available at SSRN.Anthony SebokOri Herstein’s How Tort Law Empowers takes on the question of whether and how tort law empowers victims.…
  • Dec 18

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

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

    The IRS as Tax Law Nonenforcer

    The IRS as Tax Law Nonenforcer
    Lawrence Zelenak, Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke L.J. 829 (2012).Leigh OsofskyIn a recent essay, Custom and the Rule of Law in the Administration of the Income Tax, Larry Zelenak examines…
Rank this Week: 431

Lightbulb Blog by Dilanchian

Lightbulb Blog by Dilanchian

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

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

    Social media and the law - book review

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

    Why collaboration contracts are popular

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

    Copyright's label exception to parallel importation

    Copyright's label exception to parallel importation
    The introduction in 2003 of section 44C and related sections amended the Copyright Act 1968 (Cth) to block the proliferation in parallel importation circumstances of silly claims to copyright in mere product labels. Parallel importation is…
Rank this Week: 414

Revista Mi Patente

Revista Mi Patente

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

http://www.mipatente.com/
  • Dec 6

    SIC avaló tres patentes en la industria gráfica

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

    Diputado resalta importancia de patentes para la ciencia

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

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

    Samsung Apela la Indemnización de 930 Millones a Apple por Violación de Patente
    En uno de tantos frentes abiertos en los tribunales, muchos de ellos por violación de patentes, la surcoreana fue condenada a pagar a Apple la friolera de 930 millones de dólares a principios de este mismo año. Ahora…
Rank this Week: 400

In Between Cases

In Between Cases

Covers copyright, fair use, and sometimes trademark. By Christopher F. Meatto.

http://harvardlaw74.com
Rank this Week: 352

IP Insiders

IP Insiders

Covers intellectual property litigation news.

http://ipinsiders.com/profiles/blog/list
Rank this Week: 434

The Invent Blog

The Invent Blog

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

http://blogs.bnip.com/tib/
  • Sep 23

    USPTO First To File Roadshow

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

    Adobe Acrobat Tips for Patent and Trademark Practitioner

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

    Free/Low Cost IP Statute Supplement

    Free/Low Cost IP Statute Supplement
    It used to be that almost every intellectual property attorney would personally have a printed copy of all of the U.S. patent, trademark and copyright statutes sitting on their desk. Every year, a new edition would be bought to replace the…
Rank this Week: 376

Video Game Law Blog

Video Game Law Blog

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

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

    WOW!

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

    Ontario Youth Investment Accelerator Fund Recipients Announced

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

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

    Federal Budget 2014: Canada Invests an Additional $40 Million in Entrepreneurship
    On Tuesday February 11, 2014, Finance Minister Jim Flaherty presented the Canadian federal budget for fiscal year 2014-2015. The budget proposes to provide an additional $40 million over four years to the Canada Accelerator and Incubator…
Rank this Week: 353

I/P Updates

I/P Updates

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

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

    46th Annual Corporate Patent Seminar

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

    Marking Not Required for Notice in Process or Method Claim

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

    Fair Use Doctrine Under U.S. Copyright Law

    Fair Use Doctrine Under U.S. Copyright Law
    Authors rights under copyright law are subject to certain limitations, including the doctrine of “fair use” that was developed through a substantial number of court decisions over the years and has been codified in section 107 of …
Rank this Week: 372

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/
  • Dec 19

    Sponsorship ID Police Strike Again

    Sponsorship ID Police Strike Again
    $115,000 consent decree for questionable “Special Reports” on Las Vegas TV station The fake news business appears to have been booming in 2009 – at least as far as we can tell from a couple of FCC enforcement actions. Last…
  • Dec 19

    Update: Comment Deadlines Set in Contest Rule Proceeding

    Update: Comment Deadlines Set in Contest Rule Proceeding
    Last month we reported on a Notice of Proposed Rulemaking (NPRM) aimed at dragging the on-air contest rule (i.e., Section 73.1216) into the 21st Century. The NPRM has now made it into the Federal Register, which means that we now know the…
  • Dec 18

    Professional Football Team in Nation's Capital Loses Name, Logo, Color

    Professional Football Team in Nation's Capital Loses Name, Logo, Color
    A tale of two cities – Washington and Bucharest – and two trademark battles It’s big news when a storied sports franchise loses its identity. And that’s what’s happened with a prominent professional football…
Rank this Week: 514

Domain Name Jurisprudence &…

Domain Name Jurisprudence & Commentaries on UDRP Cases

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

http://udrpcommentaries.wordpress.com
  • Dec 19

    UDRPs Evidentiary Demand

    UDRPs Evidentiary Demand
    The UDRP is essentially composed of three blocks of checklists that lay out the evidence each party is expected to offer on its claim or defense. Paragraphs 4(a)(i – iii) detail the requirements a trademark owner must satisfy to prove…
  • Dec 9

    Proving Cybersquatting on Weak Trademark

    Proving Cybersquatting on Weak Trademark
    Proving cybersquatting on weak trademarks rises in difficulty as the marks descend the classification scale. Dictionary words such as “bespoke”, “emoney” and “upbeat”, descriptive phrases such as…
  • Dec 3

    Standard for Declaring Reverse Domain Name Hijacking

    Standard for Declaring Reverse Domain Name Hijacking
    Except where complainant’s claim is truly egregious for which there can be said to be a “settled policy”––Happy as Clams, Inc., a California Corp., DBA Date Like a Grownup v. Heather Dugan, D2014-1655 (WIPO…
Rank this Week: 519

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
  • Dec 19

    Personal Jurisdiction Premised on Sending Paragraph IV Letter Certified for Appeal

    Personal Jurisdiction Premised on Sending Paragraph IV Letter Certified for Appeal
    The court granted in part defendant's motion to certify for interlocutory appeal an earlier order denying defendant's motion to dismiss plaintiff's ANDA action for lack of personal jurisdiction, but found defendant's proposed question too…
  • Dec 18

    Customized Advertising Patent Invalid Under Alice

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

    Financial Transaction Security Patent Invalid Under Alice

    Financial Transaction Security Patent Invalid Under Alice
    The court granted defendant's motion for summary judgment that plaintiff's financial transaction security patent was invalid for lack of patentable subject matter because the claims were not limited by an inventive concept. "[P]laintiff…
Rank this Week: 533

Patent Arcade

Patent Arcade

Covers video game IP law. By Ross Dannenberg.

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

    U.S. Patent 7,559,834: Dynamic join/exit of players during play of console-based video game

    U.S. Patent 7,559,834: Dynamic join/exit of players during play of console-based video game
    U.S. Patent 7,559,834: Dynamic join/exit of players during play of console-based video gameIssued July 14, 2009, to MicrosoftSummary:The ‘834 patent allows for people to join in or leave a game without having to restart the current…
  • Dec 17

    Nintendo gets second chance from Federal Circuit on 3DS patent suit

    Nintendo gets second chance from Federal Circuit on 3DS patent suit
    Tomita Tech. USA, LLC et al. v. Nintendo Co., LTD et al.Federal CircuitCase No. 2014-1244(non-precedential)On appeal from S.D.N.Y., case no. 1:11-CV-04256Back in 2011, Tomita sued Nintendo over U.S. Pat. No. 7,417,664, "Stereoscopic Image…
  • Dec 16

    Patton goes to War Over Use of Name and Likeness in Video Game

    Patton goes to War Over Use of Name and Likeness in Video Game
    Catching up on some reading from last week, Ars Technica (via Video Gamer Law) reports on a new lawsuit filed by the rights holder to Patton's name and likeness against Maximum Family Games for their game "History(R) Legends of War: Patton."…
Rank this Week: 459

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: 474

Nigerian Law Intellectual Property…

Nigerian Law Intellectual Property Watch

An online repository for intellectual property articles, papers and news.

http://www.nlipw.com/
  • Dec 16

    New Anti-Malarial Drug: Ranbaxy Receives Regulatory Approval in 7 African Countrie

    New Anti-Malarial Drug: Ranbaxy Receives Regulatory Approval in 7 African Countrie
    Ranbaxy Laboratories Ltd. has received regulatory drug approval for its anti-malarial drug, Synriam, in 7 countries including Nigeria. According to Ranbaxy, the drug provides relief from most malaria-related symptoms, including fever, and has…
  • Dec 5

    Data Month: Most Read Articles from 2014

    Data Month: Most Read Articles from 2014
    December 5, 2014 — December is Data Month at NLIPW! We kicked off the month by looking at a few cases that touch on intellectual property, filed or decided in 2014 by Federal High Courts in Nigeria.  Next, we highlighted media…
  • Dec 3

    2014 Nigerian IP Judicial Decisions: The Year in Review

    2014 Nigerian IP Judicial Decisions: The Year in Review
    NLIPW Copyright Law Volume 2 Number 10 (2014 Nigerian IP Judicial Decisions: The Year in Review) December 4, 2014 2014 has been a busy year for Federal High Courts in Nigeria –Ruling on a suit for patent infringement relating to…
Rank this Week: 478

Scholarly Communications @ Duke

Scholarly Communications @ Duke

Duke's source for advice and information about copyright and publication issues.

http://blogs.library.duke.edu/scholcomm/
  • Dec 16

    Cancelling Wiley?

    Cancelling Wiley?
    Because they were spaced almost a full year apart, I really did not connect the dots when two Canadian universities announced that they were cancelling their “Big Deals” with John Wiley & Sons publisher.  The Times Higher…
  • Dec 4

    Public access and protectionism

    Public access and protectionism
    By now many folks have commented on the announcement from Nature Publishing Group early this week about public access to all of its content and most have sussed out the fairly obvious fact that this is not open access, in spite of the rah-rah…
  • Nov 13

    Going all in on GSU

    Going all in on GSU
    On Friday the publishers who are suing Georgia State University for allegedly infringing copyright by scanning short excerpts from academic books to provide students with access through electronic reserves and learning management…
Rank this Week: 452