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IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Sep 25

    September 25, 2016: Last Sunday Morning with Charles Osgood. Jane Pauley named replacement.

    September 25, 2016: Last Sunday Morning with Charles Osgood. Jane Pauley named replacement.
    The beginning of the special episode Celebrating Charlie included a sun with a bowtie. A different edition of Sunday morning. Last day of hosting. Black suit, white shirt. First up, Rita Braver tells Charlie: Relax. Almost fifty years…
  • Sep 23

    Nature discusses recent events in the CRISPR patent battle

    Nature discusses recent events in the CRISPR patent battle
    Obviousness in patent law is measured relevant to a person having ordinary skill in the art (sometimes designated PHOSITA). The CRISPR patent battles will, in part, turn on the level of skill.Nature wrote of the Doudna (Berkeley) vs. Zhang…
  • Sep 23

    CAFC affirms D. Delaware in Roche v. Lifescan: the meaning of "microelectrode"

    CAFC affirms D. Delaware in Roche v. Lifescan: the meaning of "microelectrode"
    Roche Diagnostics Operations, Inc. and Corange InternationalLimited (“Roche”) appeal from the UnitedStates District Court for the District of Delaware’s grantof summary judgment in favor of Lifescan Incorporatedand Nova…
Rank this Week: 50

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Sep 25

    A song of Ice and Ice

    A song of Ice and Ice
    Iceland, a country famous for the northern lights, skyr yoghurt, and their recent performance in the Euros, has made headlines this week for threatening the trade mark rights of a major UK supermarket. The cause of this ire is unclear, as…
  • Sep 25

    Eye ‘should’ve’ done that! – Specsavers nears approval to trade mark single word “should’ve” & “shouldve”

    Eye ‘should’ve’ done that! – Specsavers nears approval to trade mark single word “should’ve” & “shouldve”
    As briefly reported by this blog, a few weeks ago Specsavers filed an application with the UK Intellectual Property Office to have SHOULD'VE and SHOULDVE registered as trade marks in Classes 9, 10, 16, 35, and 44…
  • Sep 24

    Latest thoughts about Brexit and the UPC

    Latest thoughts about Brexit and the UPC
    Sudden moments of clarity are always a good look for IPKatIt has certainly been a long time coming and we still can't be sure that a UPC change is gonna come to the UK. We recently saw the unveiling of an authoritative Opinion by Richard…
Rank this Week: 66

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Sep 16

    Twice as nice in Ohio

    Twice as nice in Ohio
    Two times twice, really.  Next week I will be presenting in Ohio for the second time, which is nice twice once. Nice twice twice is that this second presentation is the 26th All Ohio Annual Institute on Intellectual Property…
  • Sep 9

    Official, municipal and trademarkable

    Official, municipal and trademarkable
    Originally posted 2012-07-23 14:01:30. Republished by Blog Post PromoterA long time ago I asked this question about the aggressive IP — or quasi-IP — enforcement policy of New York’s Metropolitan Transit Authority: [T]he…
  • Sep 9

    Louis Vuitton — the big IP player that keeps on giving

    Louis Vuitton — the big IP player that keeps on giving
    Ah hah!  Two of my favorite subjects, like peanut butter and chocolate, in one candy bar: prof amici in @LouisVuitton case argue federal trademark dilution statute “is in fatal tension w/ 1st amendment.”…
Rank this Week: 117

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: 121

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Sep 23

    Michigan v. M22: The Road Sign Trademark Battle

    Michigan v. M22: The Road Sign Trademark Battle
    If you’ve ever driving north through Michigan, particularly during the autumn leaf season, I highly recommend taking the popular “scenic route,” that is, the route bordering the shore of Lake Michigan along the Leelanau…
  • Sep 22

    Trendy Shoemaker Cannot Slay the Fashion King

    Trendy Shoemaker Cannot Slay the Fashion King
    Plaintiff LVL XIII Brands Inc. (“LVL XIII”) must not have heard of the old saying:  “Never strike a king unless you are sure you shall kill him.”  The New York start-up sneaker company decided to take on…
  • Sep 21

    The Evolution of Pod-Shaped Lip Balm

    The Evolution of Pod-Shaped Lip Balm
    I’m sure most of you have noticed those little egg shaped lip balms at the check out line in Target, Wal-Mart, Costco, and just about any other big store. The company that makes these, Evolution of Smooth or EOS, really hit on something…
Rank this Week: 122

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Sep 24

    Webinar on Patent vs. Trade Secret Protection

    Webinar on Patent vs. Trade Secret Protection
    McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "To Patent or Not to Patent: When to Keep Your IP a Trade Secret" on October 19, 2016 from 10:00 am to 11:15 am (CT). In this presentation, MBHB attorneys…
  • Sep 24

    Webinar on Second Medical Use Claims in South Africa

    Webinar on Second Medical Use Claims in South Africa
    KISCH IP will be offering a webinar entitled "Second Medical Use Claims in South African Patent Law" on September 29, 2016. The webinar, to be given by Ursula Baravalle, will provide a discussion of second medical use claims in South Africa…
  • Sep 24

    Webinar on Leveraging USPTO Examiner Count System

    Webinar on Leveraging USPTO Examiner Count System
    Strafford will be offering a webinar/teleconference entitled "Leveraging USPTO Examiner Count System: Efficiently Prosecuting Patents, Lowering Prosecution Costs" on October 13, 2016 from 1:00 to 2:30 pm (EDT). Adriana L. Burgy, Kai Rajan,…
Rank this Week: 134

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Sep 20

    MLB Manager-Of-The-Year Predictions #FireFarrell

    MLB Manager-Of-The-Year Predictions #FireFarrell
    MLB lacks good stats on managers.  The best we have is XWL (expected wins-loss), which compares what each team’s win-loss record should be, based on runs scored, to its actual record.  A good manager exceeds XWL, a poor…
  • Sep 17

    17 Seconds #28

    17 Seconds #28
    The upside and downside of intellectual property. Yahoo!, once a leading tech company valued at $125 billion, was acquired by Verizon for $4.8 billion. The media’s coverage of the deal was not kind: * Verizon to End Yahoo Survival Fight…
  • Sep 12

    Red Sox Fire Manager John Farrell

    Red Sox Fire Manager John Farrell
    Controversial manager leaves a mixed legacy. [This article, written 09/12/16, is a parody. But it is also a prediction. No manager lasts forever. Farrell will eventually get fired. And when he does, the Red Sox front office will release a…
Rank this Week: 136

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Sep 23

    Point of Novelty Returns to Indefiniteness Analysi

    Point of Novelty Returns to Indefiniteness Analysi
    Cox Communications v. Sprint (Fed. Cir. 2016) The district court found all of Sprint’s asserted claims invalid as indefinite under 35 U.S.C. § 112, ¶ 2.  The term “processing system” was common to the…
  • Sep 23

    Affinity Content Distribution Scheme – Abstract Idea

    Affinity Content Distribution Scheme – Abstract Idea
    Affinity Labs v. DirecTV (Fed. Cir. 2016) The Federal Circuit here affirms that Affinity’s challenged claims invalid as directed to an abstract idea.  when “stripped of excess claim verbiage”, Claim…
  • Sep 22

    Obviousness does not Require Prior Art to Fit Together Exactly

    Obviousness does not Require Prior Art to Fit Together Exactly
    ClassCo v. Apple (Fed. Cir. 2016) In response to being sued for patent infringement, Apple filed for inter partes reexamination of ClassCo’s Patent No. 6,970,695. That litigation (originally filed in 2011) has been stayed…
Rank this Week: 141

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Sep 23

    TTAB Test: How Did These Four Section 2(d) Appeals Turn Out?

    TTAB Test: How Did These Four Section 2(d) Appeals Turn Out?
    I once heard a TTAB judge say that the outcome of most Section 2(d) likelihood of confusion cases may be predicted just by looking at the marks and the identified goods/services, without more. Well, try that approach on these four recent…
  • Sep 22

    Christopher Larkin Appointed As TTAB Administrative Trademark Judge

    Christopher Larkin Appointed As TTAB Administrative Trademark Judge
    Christopher Larkin has been appointed to the position of Administrative Trademark Judge at the Trademark Trial and Appeal Board. His appointment brings the total number of TTAB judges to 26. Christopher Larkin comes to the Board from his…
  • Sep 21

    Erik Pelton's Report on Sept. 16th TPAC Meeting

    Erik Pelton's Report on Sept. 16th TPAC Meeting
    A tip of the fedora to FOTTABlog Erik M. Pelton, who once again provides a report (here) on the latest meeting of the Trademark Public Advisory Committee (a/k/a TPAC). Note particularly the slides provided at the end of Erik's blog post. With…
Rank this Week: 184

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 198

The University of Chicago Law…

The University of Chicago Law School Faculty Podcast

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

https://soundcloud.com/uchicagolaw
  • Jul 29

    John Tasioulas, "Minimum Core Obligations: Human Rights in the Here and Now"

    John Tasioulas, "Minimum Core Obligations: Human Rights in the Here and Now"
    Professor Tasioulas discusses the notion of the ‘minimum core obligations’ associated with economic, social and cultural human rights, such as the rights to education and health. The idea of minimum core obligations, which is a…
  • May 13

    Martha Nussbaum, "Long Long Lives: Should We Want Them?"

    Martha Nussbaum, "Long Long Lives: Should We Want Them?"
    Today, as our capacity to prolong life increases, people dispute whether indefinite prolongation could possibly be good. A leading bioethicist, Ezekiel Emanuel (brother of Rahm) has written that we should all want to die at 75! I'll…
  • May 12

    Michael Kirby, "North Korea and our Dilemma"

    Michael Kirby, "North Korea and our Dilemma"
    Michael Kirby, "North Korea and our Dilemma: How to Secure Accountability for Crimes Against Humanity by a Recalcitrant Nuclear State?" Michael Kirby was a Justice of the High Court of Australia (1996-2009), the nation's highest appellate…
Rank this Week: 196

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/
  • Sep 20

    Which voting machines can be hacked through the Internet?

    Which voting machines can be hacked through the Internet?
    Over 9000 jurisdictions (counties and states) in the U.S. run elections with a variety of voting machines: optical scanners for paper ballots, and direct-recording “touchscreen” machines.  Which ones of them can be hacked to…
  • Sep 15

    Bitcoin’s history deserves to be better preserved

    Bitcoin’s history deserves to be better preserved
    Much of Bitcoin’s development has happened in the open in a transparent manner through the mailing list and the bitcoin-dev IRC channel. The third-party website BitcoinStats maintains logs of the bitcoin-dev IRC chats. [1] This resource…
  • Sep 14

    All the News That’s Fit to Change: Insights into a corpus of 2.5 million news headline

    All the News That’s Fit to Change: Insights into a corpus of 2.5 million news headline
    [Thanks to Joel Reidenberg for encouraging this deeper dive into news headlines!] There is no guarantee that a news headline you see online today will not change tomorrow, or even in the next hour, or will even be the same headlines your…
Rank this Week: 201

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Aug 11

    Patent Plaintiff’s Lawyer Ray Niro Passes Away

    Patent Plaintiff’s Lawyer Ray Niro Passes Away
    Ray Niro passed away Monday at the age of 73 in Italy. Most readers will know Ray Niro as the original patent plaintiff’s lawyer. Ray was bigger than life, as was his reputation — both good and bad depending upon where you view…
  • Jul 25

    2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review

    2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review
    I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. As usual, Mark Lemely reviewed the last year in patent law at the Federal Circuit. Here are some highlights: 101 jurisprudence 42 cases holding…
  • Jul 22

    2016 Rocky Mountain IP Conference: PTAB Year in Review

    2016 Rocky Mountain IP Conference: PTAB Year in Review
    I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. This panel looked at the PTAB case law and related Federal Circuit decisions over the last year.  Here are the highlights: Institution…
Rank this Week: 202

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: 227

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: 238

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Sep 22

    Advertising question of the day

    Advertising question of the day
    Does the following pose any advertising issues?  Does it matter whether the business sells non-organic food?Thanks to James Grimmelmann for the photo.http://tushnet.blogspot.com/feeds/posts/default?alt=r
  • Sep 22

    "unique" and "innovative" are puffery

    "unique" and "innovative" are puffery
    LoggerHead Tools, LLC v. Sears Holdings Corp., 2016 WL 5080028, No. 12-cv-9033 (N.D. Ill. Sept. 20, 2016)LoggerHead sued Sears under the Lanham Act and Illinois state law for false advertising; the court granted summary judgment to…
  • Sep 21

    How does race affect copyrightable expression?

    How does race affect copyrightable expression?
    Fulks v. Knowles-Carter, No. 16-Civ-4278 (S.D.N.Y. Sept. 12, 2016), contains an interesting bit about race and copyrightable expression:[P]laintiff argues that the “race of the characters in the [Film] is irrelevant to the total concept…
Rank this Week: 242

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
  • Sep 19

    Three Kinds of UDRP Disputes and Their Outcome

    Three Kinds of UDRP Disputes and Their Outcome
    There are three kinds of udrp disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes…
  • Sep 12

    Getting it Right the First Time; Second Chance With New Fact

    Getting it Right the First Time; Second Chance With New Fact
    UDRP complainants are expected to get it right the first time, and if they don’t there’s a narrow window for a second filing. Evidence previously available but overlooked will not support a new complaint, although this does not…
  • Sep 5

    Masking Identity with Proxy/Privacy Service

    Masking Identity with Proxy/Privacy Service
    No censure attaches to having domain names registered by proxy/privacy services. However, while the practice has become routine for protecting privacy and sensitive information, registering in the name of a proxy is still taken into account…
Rank this Week: 246

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
  • Sep 24

    Do We Really Own the Tats on Our Bodies?

    Do We Really Own the Tats on Our Bodies?
    Many of us function under the assumption that tattoos on our bodies are ours to display in any form we wish. Intellectual property lawsuits regarding the rights of tattoo artists have begun to highlight a number of questions concerning who…
  • Sep 23

    Artist Suing Police for Violating her Constitutional Right

    Artist Suing Police for Violating her Constitutional Right
    The American Civil Liberties Union (ACLU) of Idaho and Co-counsel have filed a lawsuit against Idaho State Police on behalf of the Visual Arts Collective, Alley Repertory Theater, and performance artist Anne McDonald. McDonald is claiming the…
  • Sep 21

    Proposed Law will Protect International Art Loans from US Court Jurisdiction

    Proposed Law will Protect International Art Loans from US Court Jurisdiction
    According to many museum professionals, certain countries are reluctant to loan works of art to arts institutions in the United States due to ongoing ownership or provenance questions. A recent bill sent to Senate for consideration, the…
Rank this Week: 260

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/
  • Sep 23

    Common Law in the Age of Arbitration

    Common Law in the Age of Arbitration
    Myriam Gilles, The Day Doctrine Died: Private Arbitration and the End of Law, 2016 U. Ill. L. Rev. 371 (2016).Allan ErbsenJudge-made law is dynamic. Rules adapt to innovations in technology, trends in human behavior and markets, and nascent…
  • Sep 22

    Law, Legend, and Forgotten Histories of Survivance

    Law, Legend, and Forgotten Histories of Survivance
    Katrina Jagodinsky, Legal Codes and Talking Trees: Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946 (2016).Karen TaniIn 2016, legal history is a capacious field – one with a catholic view of…
  • Sep 21

    Whistling for the Dog in Affirmative Action

    Whistling for the Dog in Affirmative Action
    Reviewing Khiara Bridges, The Deserving Poor, The Undeserving Poor and Class-Based Affirmative Action, 66 Emory L.J. (forthcoming 2017), available at SSRN.Daria RoithmayrThe link between race and class inequality is a hot topic. The top two…
Rank this Week: 254

All Things Pros

All Things Pros

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

http://allthingspros.blogspot.com/
Rank this Week: 297

PHOSITA

PHOSITA

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

http://dunlapcodding.com/phosita
  • Sep 16

    Red Dirt IP Digs Up Americana Root

    Red Dirt IP Digs Up Americana Root
    Elizabeth Isaac Dunlap Codding is honored to partner once again with the Oklahoma Film + Music Office to spread the word of the booming creativity abounding in our state. This time we…
  • Sep 9

    Friday Fun – Lightsaber Training/Battle Simulator Patent Application

    Friday Fun – Lightsaber Training/Battle Simulator Patent Application
    Jeremy McKinney This spring, Disney officially broke ground on a 14-acre expansion that includes “Star Wars” themed lands. Among other features, a recently published patent…
  • Sep 1

    Derivations: Wild West of the USPTO

    Derivations: Wild West of the USPTO
    Genni Ellis Derivations came on the patent scene via the Leahy-Smith America Invents Act (AIA) that was passed by Congress and signed into Law by President Obama on September 16, 2011.1…
Rank this Week: 290

IP Law Blog

IP Law Blog

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

http://www.theiplawblog.com/
  • Sep 15

    Is the Technology for Self-Driving Cars Patent-Eligible?

    Is the Technology for Self-Driving Cars Patent-Eligible?
    It sounds like a silly question, doesn’t it?  After all, self-driving cars represent innovative progress in technology, and patents are intended “to promote the progress of science and useful arts, by securing for limited…
  • Sep 8

    How BREXIT Will Affect Intellectual Property

    How BREXIT Will Affect Intellectual Property
    As everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union.  What affect does BREXIT have on intellectual property rights in the United Kingdom and the…
  • Sep 1

    NO ICE, PLEASE!

    NO ICE, PLEASE!
    By Audrey Millemann California’s unfair competition and consumer protection laws protect consumers from false representations about products or services.  These laws include the Unfair Competition Law (Business and Professions Code…
Rank this Week: 303

Blawg IT

Blawg IT

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

http://blawgit.com
  • Aug 29

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

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

    Supreme Court Takes On Design Patent Damage

    Supreme Court Takes On Design Patent Damage
    Apple v. Samsung Apple applied for and received two design patents covering design elements on the front face of the Apple iPhone. Apple then successfully sued Samsung for infringement of these design patents. The jury awarded Apple damages…
  • Sep 23

    Not So Fast – “Happy Birthday To You” May Not Be in the Public Domain

    Not So Fast – “Happy Birthday To You” May Not Be in the Public Domain
    The World’s Most popular Song You all know the tune, so why do you rarely hear the song Happy Birthday To You in movies and on television? The reason is that from 1988 until yesterday Warner/Chappell Music, Inc. had been demanding…
Rank this Week: 311

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/
  • Sep 25

    Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot

    Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot
    It’s a highlight of my day to read an opinion that starts out: the litigants “are competitors in the dog waste disposal industry.” Blogging can be a crappy gig, but someone’s gotta do it. The litigants have competing…
  • Sep 16

    Trademark Law Can’t Stop Competitor’s Employee Recruitment Efforts–XPO v. R+L

    Trademark Law Can’t Stop Competitor’s Employee Recruitment Efforts–XPO v. R+L
    Con-way and R+L compete in the freight business. XPO bought Con-way, and the acquisition sparked apparently non-speculative concerns that some Con-way employees would be laid off (which layoffs did indeed ensue, e.g., 1, 2). Before any…
  • Sep 15

    Ninth Circuit Sends Uber Driver Claims to Arbitration

    Ninth Circuit Sends Uber Driver Claims to Arbitration
    This is a consolidated lawsuit brought by Uber drivers asserting FCRA and employee misclassification claims. Both named drivers were terminated after negative information surfaced in their credit report. Both drivers agreed to a 2013 version…
Rank this Week: 332

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/
  • Sep 19

    2d Cir: Brown v Winfrey re OWN YOUR POWER

    2d Cir: Brown v Winfrey re OWN YOUR POWER
    Blogged previously here and here. Plaintiff fails to establish protectability of OWN YOUR POWER, and likelihood of confusion arising from Oprah’s use on magazine cover and other usages.
  • Sep 14

    SDNY: LVL XIII v LV re Metal toe plate

    SDNY: LVL XIII v LV re Metal toe plate
    107 page decision by Engelmeyer, J. Plaintiff targets its LVL XIII (Level 13) sneaker at the luxury ($500) market. The sneaker has a metal toe plate with LVL XIII engraved on it: Plaintiff’s sneaker got some traction: a few celebrities…
  • Sep 13

    Patchogue’s LIVE AFTER FIVE v Farmingdale’s LIVE AT FIVE

    Patchogue’s LIVE AFTER FIVE v Farmingdale’s LIVE AT FIVE
    Patchogue is about thirty minutes from Farmingdale on Long Island. Patchogue’s festivals are ALIVE AFTER FIVE and Farmingdale’s festivals are ALIVE AT FIVE.
Rank this Week: 381

Recording Industry vs The People

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/
  • Aug 24

    Judge Locke denies motion to quash in Malibu Media v Doe, stay lifted

    Judge Locke denies motion to quash in Malibu Media v Doe, stay lifted
    In Malibu Media v. Doe, EDNY 15-3504, Judge Locke has denied the defendant's motion to quash, and lifted the stay on all of the EDNY Malibu Media cases, which had all been consolidated. The Court accepted the representations of plaintiff's…
  • Jun 16

    Second Circuit rules for Vimeo on DMCA issues in Capitol Records v Vimeo

    Second Circuit rules for Vimeo on DMCA issues in Capitol Records v Vimeo
    The US Court of Appeal for the Second Circuit has overturned those parts of the District Court's rulings which were in favor of the plaintiff record companies in Capitol Records v. Vimeo. The Court decided three major issues under the…
  • Oct 6

    All EDNY subpoenas stayed by Judge Locke, due to "serious questions" raised by motion to quash

    All EDNY subpoenas stayed by Judge Locke, due to "serious questions" raised by motion to quash
    A motion to quash was made by one of the many John Doe defendants in the Eastern District of New York Malibu Media cases. The defendant was represented by Chejin Park, Esq., of Flushing. Due to the "serious questions as to whether good…
Rank this Week: 357

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/
Rank this Week: 385

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/
  • Sep 25

    Contribuye Cidesi en mecánica de espectrógrafo

    Contribuye Cidesi en mecánica de espectrógrafo
    Santiago de Querétaro, Querétaro. 26 de agosto de 2016 (Agencia Informativa Conacyt).- El Centro de Ingeniería y Desarrollo Industrial (Cidesi), a través de su Gerencia de Optomecánica, colabora en la…
  • Sep 24

    Premio a la Innovación en Bionano: Ciencia y Tecnología Cinvestav Neolpharma 2016

    Premio a la Innovación en Bionano: Ciencia y Tecnología Cinvestav Neolpharma 2016
    Ciudad de México. 26 de agosto de 2016 (Agencia Informativa Conacyt).- Con el objetivo de estimular estudios sobre nanomateriales con impacto en el mejoramiento de aspectos de la vida, el Centro de Investigación y de…
  • Sep 24

    En busca de un modelo educativo para los millennials mexicano

    En busca de un modelo educativo para los millennials mexicano
    epic, Nayarit. 25 de agosto de 2016 (Agencia Informativa Conacyt).- El Instituto de Innovación y Robótica Educativa (Inire) en Nayarit diseña un nuevo método educativo, basado en la robótica, que…
Rank this Week: 445

this WEEK in LAW

this WEEK in LAW

Denise Howell and guests discuss technology law. From the TWiT netcast network.

http://twit.tv/twil
  • Sep 23

    TWiL 361: We're Tracking Snorlax, What's Tracking You?

    TWiL 361: We're Tracking Snorlax, What's Tracking You?
    Hosts: Denise Howell, Emory Roane, J. Michael Keyes Guest: Franziska Roesner Beyonce and Scène à faire, Web tracking over the past 20 years, the new rules for self driving cars, IoT privacy etiquette and more! Download or…
  • Sep 16

    TWiL 360: Miniature UAV, You Complete Me

    TWiL 360: Miniature UAV, You Complete Me
    Hosts: Denise Howell, Emory Roane, J. Michael Keyes Guest: Scot Refsland, Ph.D. Playboy and copyright over web links to its images, do longer tweets change their copyrightability?  YouTube is fixing Content ID, a girl sues parents over…
  • Sep 9

    TWiL 359: My Fridge Is Playing Tetri

    TWiL 359: My Fridge Is Playing Tetri
    Hosts: Denise Howell, Emory Roane Guest: Fr. Robert Ballecer, SJ Star Trek fan films, Fr. Robert Ballecer on the new drone rules from the FAA, security and the Internet of Things, a national park is granted personhood and more! Download…
Rank this Week: 435

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/
  • Sep 23

    No infringement; claims invalid in Intel v. HTC case

    No infringement; claims invalid in Intel v. HTC case
    Chalk another one up for the double loss column for plaintiffs. After a pair of plaintiff wins last week in Tyler and Marshall, a patent plaintiff lost on both infringement and invalidity today. A Marshall jury in Judge Gilstrap's court...
  • Sep 21

    Cybersecurity for Law Firms - Presentation at 40th Annual Page Keeton Civil Litigation conference

    Cybersecurity for Law Firms - Presentation at 40th Annual Page Keeton Civil Litigation conference
    Well, if you're going to miss me talking about the effect of the new federal rules on discovery and pleadings on patent litigation in Plano in November, or moderating a panel on trade secret litigation at the EDTX bench/bar in...
  • Sep 20

    Institute for Law and Technology’s 54th Annual Conference on IP Law - Plano, TX

    Institute for Law and Technology’s 54th Annual Conference on IP Law - Plano, TX
    My cochair Steve Malin (Chen Malin) and I would like to invite you to attend the Institute for Law and Technology’s 54th Annual Conference on Intellectual Property Law. The program will be held November 14-15, 2016 at the Center for...
Rank this Week: 452

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
  • Sep 23

    Location Information Management Patents Not Ineligible Under 35 U.S.C. § 101​

    Location Information Management Patents Not Ineligible Under 35 U.S.C. § 101​
    The magistrate judge recommended denying defendants' motion for judgment on the pleadings on the ground that plaintiff’s location information management patents encompassed unpatentable subject matter because the asserted claims were…
  • Sep 22

    Willfulness Expert Excluded as Unhelpful to Jury​

    Willfulness Expert Excluded as Unhelpful to Jury​
    The court granted plaintiff's motion to exclude the testimony of defendants' expert regarding willfulness as unhelpful. "[The expert's] testimony on willfulness is not helpful to the jury, as it does not concern a matter beyond the…
  • Sep 21

    3-D Workspace Patents Ineligible Under 35 U.S.C. § 101

    3-D Workspace Patents Ineligible Under 35 U.S.C. § 101
    ​ The court granted defendant's motion to dismiss because the asserted claims of plaintiff’s 3-D workspace patents encompassed unpatentable subject matter and found that the claims lacked an inventive concept. "[N]either the…
Rank this Week: 457

Dear Rich: Nolo's Patent,…

Dear Rich: Nolo's Patent, Copyright & Trademark Blog

Provides answers to questions about copyright, trademarks and patents.

http://dearrichblog.blogspot.com/
  • Sep 19

    Someone Else is Registering My Trademark: What Do I Do?

    Someone Else is Registering My Trademark: What Do I Do?
    Dear Rich: I attempted to register a trademark in 2005, which became abandoned by the USPTO in 2007 as I did not have the proper resources to complete the process. The trademark is associated with an event I have been producing since 2002,…
  • Sep 12

    Can I Sell Public Domain Image as Vector Image?

    Can I Sell Public Domain Image as Vector Image?
    Dear Rich: I am a graphic designer. I am wondering if I can use a public domain image as a model to create a vector image, then sell that vector image on posters or a t-shirt. I created a famous chandelier in Illustrator, based upon a…
  • Sep 7

    Can I Republish "The Raven"? Evermore!

    Can I Republish "The Raven"? Evermore!
    Dear Rich: I wanted to make an illustrated book out of Edgar Allan Poe's The Raven as a gift to my son. I recently changed career paths and am now studying graphic art and am wondering if I could publish and sell the book as opposed to just…
Rank this Week: 479

Center for Art Law Blog

Center for Art Law Blog

Features art and cultural heritage law resources and reviews.

http://itsartlaw.com
Rank this Week: 449

Florida Intellectual Property Law…

Florida Intellectual Property Law Blog

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

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

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

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

    Patent Writing Secrets: What's the Hook?

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

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

    Reader Question: Should I take my idea to an investor before getting a patent?
    L.C. asks: Quick question. Would there be any issues going to angel investors, or venture capitalists before starting the entire patent process? Would that spark any legal trouble down the line? My answer. It's not that it would spark legal…
Rank this Week: 461

IP Registration and Enforcement…

IP Registration and Enforcement Blog

Covers trademark law. By Davidson and Davidson LLC.

http://davidsontm.wordpress.com
  • Jul 20

    Strip Club’s Trademark Suit vs. Gun Company – Not So Crazy After All?

    Strip Club’s Trademark Suit vs. Gun Company – Not So Crazy After All?
    So it seems the gun world is up in arms (that’s right, I went there) about the fact that the Spearmint Rhino chain of strip clubs has sued gun manufacturer Chiappa Firearms for using a confusingly similar mark on its RHINO 40DS model .357…
  • Jul 20

    Strip Club’s Trademark Suit vs. Gun Company – Not So Crazy After All?

    Strip Club’s Trademark Suit vs. Gun Company – Not So Crazy After All?
    How could a strip club's trademark be infringed by a gun company's mark? This post analyzes the issues and corrects a common misperception about trademark infringement.
  • May 6

    21 Things About Trademarks That Every Business and Marketing Person Should Know

    21 Things About Trademarks That Every Business and Marketing Person Should Know
    There’s an old comedy bit where the comic offers to teach you “everything you’re going to remember from college, ten years after graduation.”  The crash course is offered at a hefty price, but much less than four years of actual…
Rank this Week: 477

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: 513

IPWatchdog

IPWatchdog

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

http://www.ipwatchdog.com/
  • Sep 25

    The Increasingly Important Roles of Bloggers in Post Grant Proceeding

    The Increasingly Important Roles of Bloggers in Post Grant Proceeding
    Both petitioners’ and patent owners’ reliance on blog articles in the course of post grant proceedings has been approximately equal. However, the manner in which the blog articles were used did vary widely based on the…
  • Sep 25

    Is it Time To Amend 101?

    Is it Time To Amend 101?
    Rather than the drastic measure of abolishing § 101, such as that proposed by previous USPTO Director Kappos, we think that a simple change to § 101 that removes the confusing notion of “inventiveness” from statutory…
  • Sep 24

    Estimating the Costs for Filing, Registering, and Renewing Single-class Trademarks across the Globe

    Estimating the Costs for Filing, Registering, and Renewing Single-class Trademarks across the Globe
    Estimates for renewing the trademark for one term (including the attorney costs) in the U.S. and the other seven Convention countries vary from $320 in Thailand to $2,120 in the U.S., while the same amounts to $4,556 under the Madrid Protocol…
Rank this Week: 544

IPWatchdog.com | Patent Copyright…

IPWatchdog.com | Patent Copyright Trademark

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

http://www.ipwatchdog.com
  • May 9

    To BRI or Not to BRI, That Is the Question

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

    Facebook advertising revenue jumps on mobile advertising revenue surge

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

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

    Study: Media use of the term “patent troll” negatively predisposes readers, court
    "Patent troll," the term employed by leading newspapers, magazines and online publications to describe how some patents are owned and used, provides a prejudicial impression of patent licensing that unfairly influences attitudes towards…
Rank this Week: 541

The University of Chicago Law…

The University of Chicago Law School Faculty Blog

Covers constitutional law, copyright/technology, corporate law, criminal law, free speech, genetic testing, international law, national security and more.

http://uchicagolaw.typepad.com/faculty/
  • Jan 22

    Notice and Comment, Behavioral Economics, and United States v. Texa

    Notice and Comment, Behavioral Economics, and United States v. Texa
    Assistant Professor Daniel Hemel on the Supreme Court’s certiorari grant in United States v. Texas: In many respects, the Supreme Court’s cert grant earlier this week in United States v. Texas was utterly unsurprising. The Fifth Circuit…
  • Jan 6

    Friedrichs, Free-Riding, and Life After the Agency Shop

    Friedrichs, Free-Riding, and Life After the Agency Shop
    Assistant Professor Daniel Hemel and UC Berkeley Jurisprudence & Social Policy Ph.D. candidate David Louk on next Monday’s Supreme Court oral argument in Friedrichs v. California Teachers Association: The Supreme Court will soon decide…
  • Jan 1

    The Tax Returns of the Top 400: A Deeper Dive

    The Tax Returns of the Top 400: A Deeper Dive
    Assistant Professor Daniel Hemel on taxes paid by the highest earners in the United States: The IRS released data this week on the 400 individual income tax returns with the highest adjusted gross incomes (AGIs). According to the IRS data,...
Rank this Week: 533

Illinois Business Law Journal

Illinois Business Law Journal

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

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

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

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

    The Ride-Sharing Economy: Keeping Liability in the Rearview

    The Ride-Sharing Economy: Keeping Liability in the Rearview
                      In large cities the world over, passengers have stopped reaching into the air to hail a cab and have begun reaching into their pockets for their smartphones.  Companies such…
  • Nov 27

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

    Two Sides of the Same [Bit]coin: Why Regulating Bitcoin Works in Its Favor
               The reality of the most notorious virtual currency is that it is only a matter of time before it comes under the purview of a regulatory body.  Bitcoin is a cryptocurrency that exists entirely…
Rank this Week: 556

LoTempio Law Blog

LoTempio Law Blog

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

http://www.lotempiolaw.com/
  • Sep 20

    What Are Patent Trolls? – INFOGRAPHIC

    What Are Patent Trolls? – INFOGRAPHIC
    What Are Patent Trolls? Have you heard the term patent troll? While it is not exactly a household phrase, patent trolling is fast becoming a thorn in the side of small businesses that have good research and development departments, some…
  • Sep 14

    A Possible Method to Minimize the Cost of Patent Litigation

    A Possible Method to Minimize the Cost of Patent Litigation
    Patent litigation is often costly and time-consuming. However, the 2011 Leahy-Smith American Invents Act (“AIA”) offers a patent review system called inter partes review that could possibly reduce the cost of patent litigation.…
  • Aug 15

    What Exactly is a Patent Troll? What Should You Do if You Come Across One..

    What Exactly is a Patent Troll? What Should You Do if You Come Across One..
    What is a Patent Troll? A company or person that acquires large amounts of patents while having no desire to develop products. Instead of development, these entities file patent infringement lawsuits against parties who violate the…
Rank this Week: 598

Internet Cases

Internet Cases

Legal developments involving the Internet and new technologies. By Evan Brown.

http://blog.internetcases.com
Rank this Week: 588

Santucci Priore, P.L. Blog

Santucci Priore, P.L. Blog

Features intellectual property news and updates.

http://500law.com/blog/
  • Sep 8

    Lindsay Lohan’s Right of publicity lawsuit regarding “Grand Theft Auto V” dismissed

    Lindsay Lohan’s Right of publicity lawsuit regarding “Grand Theft Auto V” dismissed
    Recently a lawsuit brought by Lindsay Lohan against the makers of the “Grand Theft Auto V” video game was dismissed.[1] Lindsay Lohan, along with Karen Gravano of the show “Mob Wives,” each brought lawsuits against the…
  • Sep 5

    Client Spotlight: Stichiz

    Client Spotlight: Stichiz
    As I’ve mentioned in my previous spotlight post, Santucci Priore, P.L. have the privilege to represent a veritable cornucopia of clients. By far and wide, one of our most charming and talented is hip hop artist and femcee, Stichiz.…
  • Sep 1

    The debate over “Patent Trolls” revisited

    The debate over “Patent Trolls” revisited
    The debate regarding what to do about “Patent Trolls” has lately been gaining steam and has been brought to the public attention in various ways. The term “Patent Trolls” usually refers to a person or company that…
Rank this Week: 602

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
  • Mar 22

    Hidden costs of trade mark registration

    Hidden costs of trade mark registration
    Few people in business, and few lawyers, appreciate the importance of integrating design and legal thinking in the two related processes of brand design and trade mark registration. Experienced trade mark lawyers know that not all trade…
  • Mar 22

    Transitioning China into a global IP power

    Transitioning China into a global IP power
    “When the wind of change blows, some build walls while others build windmills.” If you had to choose a word or phrase to describe China, what would it be? Populous? Changing fast? What about innovative? That is in fact…
  • Mar 16

    Are bloggers journalists?

    Are bloggers journalists?
    Are bloggers and those who post in social media journalists are Australian law? The question has important legal implications. The answer varies greatly depending on the area of law or legal context. A great deal has been written on the…
Rank this Week: 631

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: 626