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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/
  • Apr 13

    National Security Space Launch: No Contest

    National Security Space Launch: No Contest
                 Competition and innovation are key ideals in American society, and they were the main focus on March 5, 2014 when the CEOs of SpaceX and United Launch Alliance (“ULA”) testified…
  • Apr 12

    Lessons from Hartney: How to Reduce Tax Forum Shopping by Illinois Retailer

    Lessons from Hartney: How to Reduce Tax Forum Shopping by Illinois Retailer
                The Illinois’ Local Retailers’ Occupation Tax Acts (ROT Acts) allows “municipal governments and the Regional Transportation Authority (RTA) to impose a retail occupation tax…
  • Apr 12

    In-App Purchases: the classic game of bait-and-switch, now available on Google Play

    In-App Purchases: the classic game of bait-and-switch, now available on Google Play
    In February, a New York mother of a five-year-old boy did what many busy parents do to keep their kids occupied: she gave him a game. This particular game, Marvel’s “Run Jump Smash”, was on her tablet.2 She purchased the…
Rank this Week: 17

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Apr 16

    3 Count: Returning Car

    3 Count: Returning Car
    Two more Android pirates plead guilty, Kim Dotcom may get some of his property back and more tech companies back Google in Innocence of Muslims case. The post 3 Count: Returning Cars appeared first on Plagiarism Today.
  • Apr 15

    The Spotify Lover’s Delimma

    The Spotify Lover’s Delimma
    Spotify, and the services like it, bring unprecedented options to music fans. But those options haven't equated to success for musicians, creating a dilemma. The post The Spotify Lover’s Delimma appeared first on Plagiarism Today.
  • Apr 15

    3 Count: Banana Dance

    3 Count: Banana Dance
    MGM loses bid to look at Section 6 script, broadcasters ponder post-Aereo future and banana costume leads to bizarre appeals court ruling. The post 3 Count: Banana Dance appeared first on Plagiarism Today.
Rank this Week: 24

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Apr 16

    Curbing Trolls by Reforming the Patent Marking Statute

    Curbing Trolls by Reforming the Patent Marking Statute
    Guest Post by François deVilliers, Chief IP Counsel, Plantronics, Inc. 35 U.S.C. 287(a) provides that constructive notice of a patent may be given by marking the patented article with the patent number, and that “In the event of…
  • Apr 15

    Off-the-Record Examination: Is Conventional Wisdom Wrong?

    Off-the-Record Examination: Is Conventional Wisdom Wrong?
    By Dennis Crouch Interview summaries. In a recent post, Professor Chao discussed the common practice of examiner interviews where the patent attorney discusses outstanding issues with the patent examiner. No transcript or recording of the…
  • Apr 15

    Why No Patent Revivals?

    Why No Patent Revivals?
    By Dennis Crouch Once a patent issues, the patentee must pay a regular maintenance fee to keep the patent in force. The PTO offers a six-month grace period following the due date where the maintenance fee can still be paid (plus a surcharge)…
Rank this Week: 28

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Apr 16

    Locum lawyer loses company cognomen* costs complaint

    Locum lawyer loses company cognomen* costs complaint
    This one is about the ever-useful Company Names Tribunal, and the cost consequences of ignoring pre-action correspondence and waiting for a party to bring an application against you before you give in and change your company’s name. The…
  • Apr 16

    AdWords dock in a French safe harbour

    AdWords dock in a French safe harbour
    If you thought that the Google AdWords saga ended when the Court of Justice of the European Union (‘CJEU’) ruled that hosting keywords corresponding to trade marks does not amount to a “use in the course of trade” that…
  • Apr 15

    Tuesday Tiddlywink

    Tuesday Tiddlywink
    Authors Guild files appeal against Google. Do you remember the Google Books copyright litigation saga? As this Kat reported back in December, it is still far from being concluded. Following the late 2013 summary judgment ruling in which…
Rank this Week: 59

Trade Secret Litigator Blog

Trade Secret Litigator Blog

Covers trade secret, covenant not to compete and cybersecurity law. . By Hahn Loeser.

http://www.hahnloeser.com/tradesecretlitigator/
Rank this Week: 69

Copyfight

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/
  • Apr 8

    Old Tricks, New Ruling

    Old Tricks, New Ruling
    Back in 2012, I noted that the magician and performer Teller was in hot legal pursuit of someone whom he accused of stealing his magic performance. Note that word carefully - performance is at issue here, as a judge who finally ruled for…
  • Apr 5

    Another Reason E-Books Suck

    Another Reason E-Books Suck
    A European reader wrote to tell me that in the EU, there is in inter-library loan possible for e-books. Is that also true in the US? Yet another way e-books are inferior to their physical older brothers I guess.
  • Mar 30

    Creativity and Copyfight

    Creativity and Copyfight
    If you are a nerdfighter (and you probably are, or should be) then you may have seen the Vlog Brothers' short video on "I Gotta Go". In it, the hosts discuss their use of a sign-off phrase, which they've been doing for years. The brothers…
Rank this Week: 70

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Mar 21

    Late Damages Theory Allowed Based Upon Lack of Prejudice

    Late Damages Theory Allowed Based Upon Lack of Prejudice
    NanoChem Sol’ns, Inc. v. Global Green Prods., LLC., No. 10 C 5686, Slip Op. (N.D. Ill. Sep. 10, 2013) (Hart, Sen. J.). Judge Hart denied defendants’ motion in limine to exclude plaintiff NanoChem’s late-disclosed lost profit…
  • Mar 19

    Failing to Offer Construction for Indefinite Term Can Leave a Court “at Sea”

    Failing to Offer Construction for Indefinite Term Can Leave a Court “at Sea”
    Saro Golf, Inc. v. Nike, Inc., No. 08 C 1110, Slip Op. (N.D. Ill. Sep. 9, 2013) (Chang, J.). Judge Chang clarified the claim constructions in this patent case regarding an improved golf club head.  “Radius of curvature” was…
  • Mar 17

    Plaintiff May Not Communicate with Does in BitTorrent Case by Email or Phone

    Plaintiff May Not Communicate with Does in BitTorrent Case by Email or Phone
    The Thompsons Film, LLC v. Does 1-60, Slip Op. 13 C 2368 (N.D. Ill. Sep. 6, 2013) (Gottschall, J.). Judge Gottschall denied two Doe defendants’ motions to quash subpoenas to their respective ISPs seeking, among other things, their…
Rank this Week: 89

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: 95

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
Rank this Week: 96

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/
  • Apr 15

    High Profile Securities Law Decisions - Chief Judge Preska and Free CLE at K&L Gates 4/25

    High Profile Securities Law Decisions - Chief Judge Preska and Free CLE at K&L Gates 4/25
    The Securities Law and Federal Litigation Sections, along with the Southern District of New York Chapter of the Federal Bar Association presentRecent High Profile Securities Law DecisionsRegisterSpeakers:Hon. Loretta A. PreskaChief Judge,…
  • Apr 8

    How Powerful Are Women In The Law? Join Us And Find Out!

    How Powerful Are Women In The Law? Join Us And Find Out!
    Women in the Law: Power and Progress July 2014 Conference - Washington DC by Ray Dowd Join us on July 11 and find out! More information at www.fedbar.orgwww.dunnington.com Copyright law, fine art and navigating the courts. All…
  • Feb 19

    German Prosecutors To Be Honored at SDNY For Counterterrorism - Join Us February 25

    German Prosecutors To Be Honored at SDNY For Counterterrorism - Join Us February 25
       U.S FEDERAL BAR TO PRESENT HISTORIC AWARDS TO EUROPEAN COLLEAGUES For the first time in its nearly one hundred year history, the US Federal Bar Association will be presenting an award for professional excellence to two…
Rank this Week: 104

Case Clothesed For Fashion Law

Case Clothesed For Fashion Law

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

http://www.caseclothesed.com/
  • Oct 11

    Artistic Expression: Fashion Friend or Faux Pas?

    Artistic Expression: Fashion Friend or Faux Pas?
    By: Andriana Chryssikos High fashion luxury labels have found themselves to be stuck somewhere in between our youth culture’s fashion craze: streetwear parodies of well-known luxury labels, and a trademark infringement lawsuit. …
  • Oct 9

    Business of Fashion Part 1: Fashion Licensing

    Business of Fashion Part 1: Fashion Licensing
    By: Sandra Stanfield Fashion companies utilize a mechanism called licensing to expand the brand and also increase revenue via royalties. So what exactly is licensing? Licensing is the process of “renting” a fashion company’s…
  • Oct 7

    Ready or Not: 3-D Printing

    Ready or Not: 3-D Printing
    Written By: Tracy Weintstein Technology, technology, technology. It is all we hear and read about, and whether we like it or not, technology is rapidly altering the world around us. Some are completely intrigued by it and some begrudgingly…
Rank this Week: 111

QuestionCopyright.org

QuestionCopyright.org

Covers copyright and freedom-based distribution methods for artists.

http://questioncopyright.org/
  • Feb 11

    Copyright and Surveillance

    Copyright and Surveillance
    Reposting for Tuesday, 11 Feb 2014 — The Day We Fight Back against NSA surveillance. Centralized mass surveillance is incompatible with freedom, as we've written about before, and enforcing copyright restrictions on digital…
  • Feb 5

    In Chicago: "Sita Sings the Blues" Screening @ Columbia College (4:30pm, Thu, Feb 6th)

    In Chicago: "Sita Sings the Blues" Screening @ Columbia College (4:30pm, Thu, Feb 6th)
    The Women+Film student group at Columbia College in Chicago is presenting QCO Artist-in-Residence Nina Paley's film Sita Sings the Blues this Thursday at 4:30pm -- and Nina will be there for Q&A!  Come see a wonderful film, talk to…
  • Feb 2

    Syllabus for Prof. Howard Besser's "Free Culture & Open Access" course at NYU.

    Syllabus for Prof. Howard Besser's "Free Culture & Open Access" course at NYU.
    Professor Howard Besser of New York University is offering a course at the Tisch School of Arts this Spring entitled Free Culture & Open Access, and he's released the syllabus online.  It's such a good list of introductory sources…
Rank this Week: 128

Copyhype

Copyhype

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

http://www.copyhype.com/
  • Apr 11

    Friday’s Endnotes – 04/11/14

    Friday’s Endnotes – 04/11/14
    The World’s Top 10 Most Innovative Companies in Music — What makes this list particularly relevant is its recognition that innovative music companies include record labels, both major and independent. Can Private Photos be Used in…
  • Apr 7

    Making Copies! Retiring the Volitional Conduct Test in Favor of Proximate Causation

    Making Copies! Retiring the Volitional Conduct Test in Favor of Proximate Causation
    Imagine an author. She has a spark of inspiration and sets out developing a story. Characters are sketched out. Index cards bearing plot points are written up, arranged, and rearranged. As the story takes shape, she calls in her assistant,…
  • Apr 4

    Friday’s Endnotes – 04/04/14

    Friday’s Endnotes – 04/04/14
    Why a Loss for Aereo Wouldn’t Threaten Cloud Services — Todd Spangler at Variety has a great post responding to the doomsday scenarios Aereo supporters have been employing as The Supreme Court prepares to hear arguments in the…
Rank this Week: 130

Photo Attorney

Photo Attorney

Covers legal issues for photographers. By Carolyn E. Wright.

http://www.photoattorney.com
  • Apr 9

    Congrats to our Winners and Additional Offer from Image Witness!

    Congrats to our Winners and Additional Offer from Image Witness!
    Congrats to our winners of the Image Witness Giveaway! George Widman Scott MacQuarrie Patrick Lauzon The great folks at Image Witness have an additional offer. As Photo Attorney readers seem to be really keen on protecting…
  • Apr 8

    Image Witness Giveaway!

    Image Witness Giveaway!
    The great folks at Image Witness have an offer for Photo Attorney blog readers to help them manage where their content is being used online. Image Witness is an image tracking and protection platform that is custom built for…
  • Apr 4

    Copyright Office Extends Period of Public Comment in Notice of Inquiry Regarding Orphan Works and Mass Digitization

    Copyright Office Extends Period of Public Comment in Notice of Inquiry Regarding Orphan Works and Mass Digitization
    The U.S. Copyright Office is extending the deadline for public comments that address topics listed in the Office’s February 10, 2014, Notice of Inquiry and that respond to any issues raised during the public roundtables held in…
Rank this Week: 138

In Between Cases

In Between Cases

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

http://harvardlaw74.com
  • Mar 26

    Startup Litigation – Morley or Sherlock’s Moriarity – The Strange Case of Morley v Square, Inc.

    Startup Litigation – Morley or Sherlock’s Moriarity – The Strange Case of Morley v Square, Inc.
    Have to love a United States District Court complaint that starts as follows: “The publicized origin story of Square, Inc. is a fabrication. The business now known as Square was not created solely by Jack Dorsey and James McKelvey. It…
  • Mar 17

    Brooklyn Tech Triangle, A New Music Video and A Newer Idea

    Brooklyn Tech Triangle, A New Music Video and A Newer Idea
    We are all keeping our eye on the public and private initiatives surrounding the Brooklyn Tech Triangle. President of Downtown Brooklyn Partnership, Tucker Reed, has in essence, proposed a reverse eminent domain of City owned buildings in…
  • Jan 6

    Startup Litigation Defense Post 101

    Startup Litigation Defense Post 101
    Andrew Greenstein, counsel at Knight Capital, suggests in his Three Quick Steps To Avoid Startup Death By Trade Secret Misappropriation Lawsuit“, the following: CHECKLIST AND CERTIFICATION FOR NEWLY-HIRED EMPLOYEES 1. I hereby confirm…
Rank this Week: 136

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
Rank this Week: 159

Visae Patentes

Visae Patentes

Covers European patent law, intellectual patent politics, software patents, and international patent law. By Falk Metzler.

http://www.visaepatentes.com/
  • Jul 2

    Two interesting Decisions on Patent Eligibility of Software Inventions in the US

    Two interesting Decisions on Patent Eligibility of Software Inventions in the US
    On the ksnh::law blog, two postings were recently published that comment on interesting decisions of US courts with respect to patent eligibility of software inventions under 35 U.S.C. § 101. The posting "US Patent revoked as being…
  • Mar 9

    Comparison of AIA and EPC as well as ante-AIA, post AIA and 'real' first-to-file prior art

    Comparison of AIA and EPC as well as ante-AIA, post AIA and 'real' first-to-file prior art
    In a new posting on the ksnh::law blog titled "10 aspects of the AIA that are (somehow) comparable to European provisions" we discuss the following new provisions of the America Invents Act and their link to European patent…
  • Feb 26

    Intellectual Property Aspects of 3D Printing (German)

    Intellectual Property Aspects of 3D Printing (German)
    On the ksnh::jur blog, we recently posted the first two articles of a series on the IP aspects of the fascinating new technology of 3D printing which, according to our perception, has the potential to raise totally new questions and pose new…
Rank this Week: 168

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Apr 16

    The ASA on insufficiently close comparison

    The ASA on insufficiently close comparison
    The ASA found Made.com's ad misleading for claiming "FURNITURE DIRECT FROM THE MAKERS By the time the average sofa hits the high street it's been marked up by 500%. Agents, importers and wholesalers all add a little extra along the way. Our…
  • Apr 15

    FDA has a standard, so no Lanham Act claim can be made

    FDA has a standard, so no Lanham Act claim can be made
    OraLabs, Inc. v. Kind Group LLC, 2014 WL 1395954, No. 13–cv–00170 (D. Colo. Apr. 10, 2014)The court adopted the magistrate judge's recommendation to deny Kind leave to amend its counterclaims to add a Lanham Act false advertising…
  • Apr 15

    conflict mineral disclosure unconstitutional, DC Circuit rule

    conflict mineral disclosure unconstitutional, DC Circuit rule
    National Association of Manufacturers v. Securities and Exchange Commission, No. 13-5252 (D.C. Cir. Apr. 14, 2014)If we needed an example of how the First Amendment can reinstate Lochner, this would be a good one.  Here we have a…
Rank this Week: 194

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
  • Apr 16

    Turbo Coding Patent Not Invalid for Claiming Unpatentable Subject Matter

    Turbo Coding Patent Not Invalid for Claiming Unpatentable Subject Matter
    The court denied defendant's motion for summary judgment that plaintiff's turbo coding telecommunications patent was invalid for claiming unpatentable subject matter. "[Defendant] argues that Claims 1 and 10 do not meet the transformation…
  • Apr 15

    Infringement Contention Identifying Products by “Standard” or “Series” is Insufficient

    Infringement Contention Identifying Products by “Standard” or “Series” is Insufficient
    The court granted plaintiff's motion to strike the reports of defendant's infringement experts as to newly identified products. "[I]dentifying products 'that include DDR3 SDRAM memory' or otherwise practice the JEDEC standard is not…
  • Apr 14

    “Implicit” Instruction May Support Induced Infringement Claim

    “Implicit” Instruction May Support Induced Infringement Claim
    The court denied defendant's motion for summary judgment that it did not induce infringement of plaintiff's drug buffer patent because there was a question of fact regarding deliberate indifference. "In order not to infringe or induce…
Rank this Week: 198

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Apr 15

    University of Pittsburgh v. Varian Medical Systems, Inc. (Fed. Cir. 2014)

    University of Pittsburgh v. Varian Medical Systems, Inc. (Fed. Cir. 2014)
    By Kevin E. Noonan -- The Federal Circuit used its decision that the District Court erred in certain of its claim construction determinations to reverse a jury award of greater than $100 million, but left intact large portions of the District…
  • Apr 14

    Hoffman-La Roche Inc. v. Apotex Inc. (Fed. Cir. 2014)

    Hoffman-La Roche Inc. v. Apotex Inc. (Fed. Cir. 2014)
    By Michael Greenfield -- Last Friday, the Federal Circuit issued an opinion in Hoffman La-Roche Inc. v. Apotex Inc. that is a cautionary tale of patent lifecycle and the difficulties those seeking to extend patent protection face -- namely…
  • Apr 13

    Court Report

    Court Report
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Dr. Reddy's Laboratories Ltd. et al. 1:14-cv-00387; filed March 26, 2014 in the…
Rank this Week: 209

Recording Industry vs The People

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/
Rank this Week: 214

LoTempio Law Blog

LoTempio Law Blog

Covers patents, trademarks and copyright news. By Vincent G. LoTempio.

http://www.lotempiolaw.com/
  • Apr 13

    $920 Million Kevlar Trade Secret Verdict Overturned

    $920 Million Kevlar Trade Secret Verdict Overturned
    DuPont has been making Kevlar, the ubiquitous strong polymer for use in bullet-proof armor and countless other consumer  products, for over thirty years. Kolon is a South Korean company that manufactured a similar polymer product known…
  • Mar 21

    LoTempio Patent client makes deal on “Shark Tank”

    LoTempio Patent client makes deal on “Shark Tank”
    Inventor and entrepreneur Frank Scozzafava of Mix Bikini designs, manufactures and markets interchangeable reversible bikinis. Frank is also a client of Kloss, Stenger and LoTempio. Frank was on the CNBC nationally televised show Shark Tank…
  • Mar 20

    No patent infringement by Google or Microsoft

    No patent infringement by Google or Microsoft
    Two of the largest search engine marketing vendors in the United States (Google Inc. and Microsoft Corp.) will not have to pay Paid Search Engine Marketing Tools LLC for their alleged patent infringement. The Patent Trial and Appeal Board…
Rank this Week: 226

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 228

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/
  • Apr 16

    Flying Fairy Toys Engaged In Copyright And Trade Dress Infringement Lawsuit

    Flying Fairy Toys Engaged In Copyright And Trade Dress Infringement Lawsuit
    Flying toy manufacturer, Spin Master, is suing its former technology company and its new business affiliates for allegedly infringing Spin Master’s Flutterbye flying toy fairy’s copyrights and trade dress by selling the competing Starfly…
  • Apr 9

    Mickey Mouse May Sue DJ Deadmau5 Over Mouse-Head Trademark Application

    Mickey Mouse May Sue DJ Deadmau5 Over Mouse-Head Trademark Application
    Disney’s trademark attorneys sought an extension of time at the U.S. Patent & Trademark Office’s Trademark Trial & Appeal Board while they review their options in legally challenging DJ Deadmau5’s application to register his…
  • Apr 3

    Presenting At Bridgeport's Trade Secret Seminar

    Presenting At Bridgeport's Trade Secret Seminar
    I have the pleasure of speaking tomorrow at Bridgeport Continuing Education's trade secret seminar, "Prosecuting and Defending Corporate Raiding, Customer Trade Secret, & Employee Mobility Cases." For a list of the distinguished…
Rank this Week: 233

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: 247

Music & Copyright's Blog

Music & Copyright's Blog

Covers global copyright and legal issues affecting the music industry.

http://musicandcopyright.wordpress.com
  • Apr 2

    What’s in the latest issue of Music & Copyright?

    What’s in the latest issue of Music & Copyright?
    The newsletter begins with a look at the ruling by the European Court of Justice on website blocking. In a case referred by the Austrian Supreme Court, the ECJ said an ISP can be required to block subscriber access to websites that infringe…
  • Mar 19

    What’s in the latest issue of Music & Copyright?

    What’s in the latest issue of Music & Copyright?
    We begin this issue with a look at the IFPI’s annual report on the state of the digital-music industry. According to the global recorded-music association, total income from recorded music slipped 3.9% in 2013, to US$15 billion, from…
  • Mar 5

    Music & Copyright is 500 today

    Music & Copyright is 500 today
    Today is a big day for all of us at Music & Copyright as we have just published our 500th issue. When the first issue was put together back in September 1992, little did we think that Music & Copyright would still be as popular with…
Rank this Week: 264

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/
  • Apr 16

    "Creating a Paper-Less Law Office" - seminar presentation to NTAP

    "Creating a Paper-Less Law Office" - seminar presentation to NTAP
    I will be presenting a one-hour seminar on "Creating a Paper-Less Law Office" at today's gathering of Northeast Texas Association of Paralegals at the Summit Club at 3700 Judson Road, Longview, TX 75605. Since the attendees have been promised…
  • Apr 16

    Defendant's Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Granted

    Defendant's Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Granted
    Jones v. Federal Home Loan Mortgage Corporation, 4:13-CV-559 (4/10/14) Judge: Ron Clark / Amos Mazzant Holding: Defendant's Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Granted Another foreclosure case.…
  • Apr 15

    Judge Dyk Grants In Part Motion for Cost

    Judge Dyk Grants In Part Motion for Cost
    Cheetah Omni LLC v. Alcatel-Lucent, 6:11cv390 (4/15/140 Judge: Timothy Dyk (CAFC, sitting by designation) Holding: Motion for Costs Granted in Part The Tellabs defendants sought an order in this case awarding costs against plaintiff in the…
Rank this Week: 271

Filewrapper.com

Filewrapper.com

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

http://www.filewrapper.com/
  • Dec 2

    MVS Filewrapper® Blog: USPTO Proposes Rule Changes for International Design Application

    MVS Filewrapper® Blog: USPTO Proposes Rule Changes for International Design Application
    The U.S. Patent and Trademark Office is seeking comments on it proposed rules for implementing the provisions of Title I of the Patent Law Treaties Implementation Act of 2012.  The law is the implementing legislation for the 1999 Geneva…
  • Nov 27

    MVS Filewrapper® Blog: Flawed Evidence Undercuts "Charbucks" Trademark Suit

    MVS Filewrapper® Blog: Flawed Evidence Undercuts "Charbucks" Trademark Suit
    In Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., the U.S. Court of Appeals for the Second Circuit affirmed a district court’s decision denying injunctive relief in Starbucks’ trademark case against Black Bear Micro…
  • Nov 22

    MVS Filewrapper® Blog: Exhausting Patent Rights Without a "Sale"

    MVS Filewrapper® Blog: Exhausting Patent Rights Without a "Sale"
    In LifeScan Scotland, LTD v. Shasta Technologies, LLC, the Federal Circuit clarified the ability of a patnet holder to enforce patent rights in a product it has given away, but not "sold."  Defendant Shasta Technologies appealed…
Rank this Week: 275

Title 17: The S(c)ite For…

Title 17: The S(c)ite For Copyright Law

Provides analysis, learn­ing and discussion relating to copyright law. By Paul Fakler.

http://title17.net/
  • Mar 19

    ASCAP Rate Court Pandora Decision Reveals Publishers’ Abuse of Market Power

    ASCAP Rate Court Pandora Decision Reveals Publishers’ Abuse of Market Power
    As I noted in my earlier post, the public version of Judge Cote’s decision in the ASCAP / Pandora rate court proceeding was released today.  It is a remarkable and comprehensive 136-page opinion, thoroughly rejecting all of…
  • Mar 19

    Full ASCAP Rate Court Pandora Decision Released

    Full ASCAP Rate Court Pandora Decision Released
    The public version of Judge Cote’s ASCAP Pandora rate decision has been released.  Commentary to follow, once I have had the chance to read, but here is the decision for those interested:
  • Mar 17

    Big Loss for ASCAP in Pandora Rate Case

    Big Loss for ASCAP in Pandora Rate Case
    ASCAP has suffered a significant defeat in its rate court litigation against Pandora.  In that proceeding, Pandora sought to have its current ASCAP musical composition public performance license rate (1.85% of revenue) cut to the same…
Rank this Week: 282

Copyright Chronicle

Copyright Chronicle

Covers copyright law and current copyright issues. By Thomas P. Gulick.

http://copyrightchronicle.blogspot.com/
  • Apr 14

    SCOTUS Ruling on Petrella May Have Long-Lasting Effects on Future Copyright Lawsuit

    SCOTUS Ruling on Petrella May Have Long-Lasting Effects on Future Copyright Lawsuit
    The Supreme Court of the United States has taken on two high-profile intellectual property cases, American Broadcasting Companies, Inc. v. Aereo and Alice Corporation Pty. Ltd. v. CLS Bank International, and a lower profile copyright…
  • Sep 18

    BLURRED LINES:  SOMEWHERE BETWEEN…

    BLURRED LINES:  SOMEWHERE BETWEEN FOGERTY V. FANTASY AND HARRISONGS V. BRIGHT TUNES   The recent declaratory judgment lawsuit filed by Robin Thicke, Pharrell, and Clifford Harris, Jr. (collectively “Plaintiffs”)…
  • May 16

    Builder Beware: Copyright Infringement for Architectural Design

    Builder Beware: Copyright Infringement for Architectural Design
    An often overlooked function of the Copyright Act is the protection it provides for architectural works.  Recently, however, the Eastern District of New York was called upon to decide a copyright infringement claim involving…
Rank this Week: 293

Delaware IP Law Blog

Delaware IP Law Blog

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

http://www.delawareiplaw.com/
  • Apr 16

    Judge Stark grants motion to transfer to the Northern District of California.

    Judge Stark grants motion to transfer to the Northern District of California.
    Judge Leonard P. Stark recently transferred a case to the Northern District of California based in part on the plaintiff’s actions and representations made to the Judicial Panel on Multidistrict Litigation. Genetic Technologies Ltd. v.…
  • Apr 16

    Chief Judge Sleet resolves competing proposals on appropriate post-verdict royalty rates.

    Chief Judge Sleet resolves competing proposals on appropriate post-verdict royalty rates.
    Chief Judge Gregory M. Sleet recently issued a memorandum and order resolving a post-trial dispute regarding the appropriate royalty rate to apply to post-verdict infringement. Telcordia Technologies, Inc. v. Cisco Systems, Inc., C.A. No.…
  • Apr 16

    Judge Andrews Claim Construction Order

    Judge Andrews Claim Construction Order
    Judge Richard G. Andrews construed the following claim terms of U.S. Patents Nos. 6,335,031 and 6,316,023 at issue in the Novartis Pharmaceuticals Corp., et al. v. Alvogen Pine Brook, Inc., et al., C.A. No. 13-52-RGA (consol.) (D. Del. Apr.…
Rank this Week: 311

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Apr 10

    Explicitly your

    Explicitly your
    Tomorrow I will be on a panel called ”Warning, the Following Material May Be Explicit: Addressing the Efficacy of §2(a) of the Lanham Act” as part of American University Law Review’s annual Federal Circuit…
  • Apr 9

    Foul baller

    Foul baller
    Originally posted 2007-03-27 00:42:26. Republished by Blog Post PromoterA former major leaguer goes from giving up runs to running from the law. From pitch counts to multiple counts. From pitching and hitting to counterfeiting. From –…
  • Apr 9

    EFF backs eBay in Tiffany spat

    EFF backs eBay in Tiffany spat
    Originally posted 2008-12-05 00:01:56. Republished by Blog Post PromoterSee, we don’t agree with Public Citizen all the time!  Read on, via the Electronic Frontier Foundation (EFF): [EFF] along with Public Citizen and Public…
Rank this Week: 312

Inventive Step

Inventive Step

Discusses patent law issues and strategies.

http://inventivestep.net
  • Apr 2

    Supreme Court to Review Claim Construction

    Supreme Court to Review Claim Construction
    The Supreme Court has agreed to hear another patent case, Teva Pharms. USA, Inc. v. Sandoz, Inc.  In this case, the Court will determine whether factual findings underpinning claim construction rulings should be reviewed de…
  • Mar 26

    Regarding Patent Application Cost

    Regarding Patent Application Cost
    There are a large number of inventors and companies out there now that want patent work done as cheaply as possible.  Especially since the economy has tanked, many inventors and companies are attempting to low-ball fees for preparing…
  • Mar 17

    PTO Issues Guidance on Patentable Subject Matter

    PTO Issues Guidance on Patentable Subject Matter
    Several weeks ago, Andrew Hirschfeld, Deputy Commissioner for Patent Examination Policy, issued a Procedure for Subject Matter Eligibility Analysis for claims purportedly involving laws of nature, natural principles, natural phenomena,…
Rank this Week: 313

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Dec 18

    HTML/CSS Test Page For Web Designer

    HTML/CSS Test Page For Web Designer
    Erik’s Clueful HTML Brain Dump. Below is just about everything you’ll need to style a WordPress theme (or any other CSS-based web design).  Check the source code (i.e. view source) to see the many embedded elements within…
  • Oct 3

    Time For A Patent Bar Oath

    Time For A Patent Bar Oath
    Proposed Patent Attorney's Oath.
  • Oct 2

    Drawing That Explains This Blog

    Drawing That Explains This Blog
    Technology, Law, Baseball, Rock 'n' Roll. Why do I write about more than one thing?  Because I think single-subject blogs are, for the most part, boring. Do you like musicians who play only one note?  Artists who use only one color?  OK…
Rank this Week: 316

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Apr 16

    An Utterly Disingenuous Post About The Resolutely Hyperbolic Nature of Legal Writing

    An Utterly Disingenuous Post About The Resolutely Hyperbolic Nature of Legal Writing
    During my time at Beloit College, I spent too much time playing frisbee golf, drinking Keystone Light, and getting mad at Ryan Schur and Chris Deszynski while playing FIFA 2005 even though I knew their only purpose in playing the game was to…
  • Apr 15

    Has Brand Jordan Stepped Out of Bounds?

    Has Brand Jordan Stepped Out of Bounds?
    - Draeke Weseman, Weseman Law Office, PLLC In 1984, Nike needed an NBA superstar. Magic Johnson and Larry Bird wore Converse brand basketball shoes, as did most of the other major NBA stars. Adding to the pressure, Nike sales were in general…
  • Apr 13

    Calling Non-Traditional Trademarks By Name

    Calling Non-Traditional Trademarks By Name
    Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names: “Marketing types, when brand owners operate in the world of…
Rank this Week: 321

Freedom to Tinker

Freedom to Tinker

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

https://freedom-to-tinker.com/
  • Apr 15

    Bitcoin hacks and thefts: The underlying reason

    Bitcoin hacks and thefts: The underlying reason
    Emin Gün Sirer has a fascinating post about how the use of NoSQL caused technical failures that led to the demise of Bitcoin exchanges Flexcoin and Poloniex. But these are only the latest in a long line of hacks of exchanges, other…
  • Apr 11

    Heartbleed and passwords: don’t panic

    Heartbleed and passwords: don’t panic
    The Heartbleed bug has captured public attention this week like few security vulnerabilities before it. This is a good thing, as indeed this is a catastrophic flaw. Many people have focused on its impact on passwords with headlines like…
  • Apr 10

    Heartsick about Heartbleed

    Heartsick about Heartbleed
    Ed Felten provides good advice on this blog about what to do in the wake of Heartbleed, and I’ve read some good technical discussions of the technical problem (see this for a particularly understandable explanation). In this brief…
Rank this Week: 338

Clancco: Art & Law

Clancco: Art & Law

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

http://clancco.com/wp
  • Apr 10

    Guggenheim Bilbao Censors “Offensive” Paul McCarthy and Mike Bouchet Public Artwork

    Guggenheim Bilbao Censors “Offensive” Paul McCarthy and Mike Bouchet Public Artwork
    According to Artnet, the Guggenheim Bilbao is forcing the removal of a provocative and controversial Paul McCarthy and Mike Bouchet 2,000 square foot mural installation on the side of a building in Bilbao. The billboard is an…
  • Apr 10

    Increase to Most Copyright Office Fee

    Increase to Most Copyright Office Fee
    There will be an increase to most US Copyright registration fees, effective May 1, 2014.  
  • Apr 10

    Contemporary Art & Law: Recent Controversies and Legal Development

    Contemporary Art & Law: Recent Controversies and Legal Development
    I’m very happy to announce that I will be giving a lecture presentation tomorrow for the Arts Counsel Texas, in Dallas. This event was organized by my good friend, Meg Friess, and is generously hosted by the firm of Thompson &…
Rank this Week: 337

TechnoLlama

TechnoLlama

Covers copyrights, creative commons, DRM, open source and more. By Andres Guadamuz.

http://www.technollama.co.uk
  • Apr 13

    Whatever happened to DVDs?

    Whatever happened to DVDs?
    Storage spaces This week I attended the launch of a CREATe report named ‘A review of the causes and impacts of unlawful file sharing’ (not yet available online). The report itself offers a fascinating insight into the research…
  • Apr 9

    Gikii 2014 Call for Paper

    Gikii 2014 Call for Paper
    So Gikii! Call For Papers September 1-2 2014University of Sussex, Brighton Could a computer virus go on a killing rampage? What are the legal issues surrounding 3D-printed drones? Is Bitcoin the beginning of the end of the existing financial…
  • Apr 2

    European court allows website blocking

    European court allows website blocking
    You shall not pass! The European Court of Justice has produced a very interesting ruling with regards to injunctions ordering intermediaries to block websites which make available infringing content. This has been a hot legal topic in recent…
Rank this Week: 343

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: 352

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: 353

Blawg IT

Blawg IT

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

http://blawgit.com
  • Dec 9

    Brett Trout Designated Des Moines Patent Law “Lawyer of the Year”

    Brett Trout Designated Des Moines Patent Law “Lawyer of the Year”
    Five Years Running For the fifth year in a row, Brett J. Trout has been selected by his peers for inclusion in the annual edition of The Best Lawyers in America®. For 2014, Mr. Trout has been selected for inclusion in the area of Patent…
  • 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,…
Rank this Week: 370

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: 367

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Apr 16

    TTAB Denies Motion to Strike Late-Filed Final Brief

    TTAB Denies Motion to Strike Late-Filed Final Brief
    In TTAB proceedings, the defendant sometimes gets confused as to when to file its brief at final hearing. Rule 2.128 says that the defendant's brief is due to be filed "not later than thirty days after the due date of the first brief." The…
  • Apr 15

    Machine Stand Configuration Lacked Acquired Distinctiveness, Says TTAB

    Machine Stand Configuration Lacked Acquired Distinctiveness, Says TTAB
    The Board affirmed a refusal to register the product configuration shown below, for stands for industrial stirring machines, finding that applicant had failed to establish acquired distinctiveness under Section 2(f). The lack of "look-for"…
  • Apr 14

    Precedential No. 18: Identity of One Party's Trial Witnesses Cannot Be Kept Secret from Other Party

    Precedential No. 18: Identity of One Party's Trial Witnesses Cannot Be Kept Secret from Other Party
    Finding that Opposer Hunter Industries had established prior common-law rights in the mark PRECISION DISTRIBUTION CONTROL for irrigation sprinklers, the Board sustained its opposition to registration of the mark PRECISION for landscape…
Rank this Week: 399

MBBP's Good Company

MBBP's Good Company

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

http://blogmbbp.wordpress.com
  • Apr 14

    Delaware Increases Corporate Formation Taxe

    Delaware Increases Corporate Formation Taxe
    By: Joseph Marrow On Thursday, April 10, 2014, the Delaware legislature passed a new law, effective retroactively to January 1, 2014, which raises the annual corporate tax on limited liability companies, limited partnerships and general…
  • Apr 14

    Employment Law Clip: Internships – Paid or Unpaid?

    Employment Law Clip: Internships – Paid or Unpaid?
    Student internships have become increasingly popular, and while internships generally benefit employers and interns alike, there is uncertainty regarding whether internships may be paid or unpaid. MBBP Attorney Christopher Perry explains…
  • Apr 11

    Tax Considerations in Choosing the Form of Business Entity

    Tax Considerations in Choosing the Form of Business Entity
    By: Chip Wry Founders of a new business typically realize early on that they need to conduct the business through a legal entity to limit their personal liabilities for the debts and obligations the business generates. Often, the three entity…
Rank this Week: 410

Domain Name Jurisprudence &…

Domain Name Jurisprudence & Commentaries on UDRP Cases

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

http://udrpcommentaries.wordpress.com
  • Apr 8

    The Forum of Choice for Arbitrating Cybersquatting

    The Forum of Choice for Arbitrating Cybersquatting
    This article appeared in the New York Dispute Resolution Lawyer, Spring 2014 What we recognize today as self evident about the world wide web with its mixture of  opportunity and opportunism was hardly visible in the early 1990s when the…
  • Feb 17

    Failing to Prove a Trademark Right

    Failing to Prove a Trademark Right
    For registered trademarks, proof of standing is satisfied by submitting a copy of the registration certificate –which “is prima facie evidence of [the trademark’s] validity.” NetApp, Inc. v. July Linett c/o Jolly Co.,…
  • Feb 10

    The Case of Trademarks Rights Coming into Existence After Registration of the Domain Name

    The Case of Trademarks Rights Coming into Existence After Registration of the Domain Name
    There appears to be an uptick in the number of cases brought by owners who acquired their trademarks after the registration of the domain name. These complainants have standing but no actionable claim under the UDRP, for the reasons stated in…
Rank this Week: 443