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Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Sep 29

    In re Tam – Simon Tam’s Response to the PTO’s Petition for a Writ of Certiorari and grant of cert new

    In re Tam – Simon Tam’s Response to the PTO’s Petition for a Writ of Certiorari and grant of cert new
    The Supreme Court granted the PTO’s request for cert in In re Tam (the “Slants case”).  Here’s a good summary of the case and our position by our co-counsel, Eugene Volokh.  Below is the Supreme Court…
  • Sep 27

    Free “legal” advice — pro bono, that i

    Free “legal” advice — pro bono, that i
    What do you know?  No one can own “pro bono” — regardless of how it’s spelled.  John Welch: The USPTO refused registration of the mark PROBOKNOW, in standard character form, deeming it merely descriptive of…
  • Sep 16

    Mooning off into the sunset

    Mooning off into the sunset
    Originally posted 2010-10-12 18:56:07. Republished by Blog Post PromoterThe lawsuit by the Naked Cowboy against candymaker Mars has been settled. Terms are undisclosed, the filing of a stipulation of dismissal with prejudice a sorry fig leaf…
Rank this Week: 48

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Oct 1

    The CAFC discusses discovery issues in Drone v. Parrot

    The CAFC discusses discovery issues in Drone v. Parrot
    The argument of appellant ParrotParrot raises three issues on appeal. First, it contendsthat Drone did not have standing to sue and that,therefore, the district court should have dismissed Drone’ssuit for lack of jurisdiction. Second,…
  • 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…
Rank this Week: 63

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Sep 30

    The IPKat team news: new arrivals and farewell

    The IPKat team news: new arrivals and farewell
    The IPKat is getting his teeth into the new seasonFall is a season of new school supplies, a new court term and new challenges ahead.  The IPKat is also embracing new chapters this season with some exciting announcements.GuestKatsThe…
  • Sep 29

    Brexit - who has the power to change UK law?

    Brexit - who has the power to change UK law?
    There are two kinds of general European Union laws. EU Regulations are directly effective in all member states.  In the UK, this is recognised by Section 2(1) of the European Communities Act 1972, which provides that:All such rights,…
  • Sep 29

    Book review: Computer Crimes and Digital Investigation

    Book review: Computer Crimes and Digital Investigation
    Would-be computer criminals be warned, the law is slowly but surely catching up with you.  In Computer Crimes and Digital Investigations, 2nd edition, Ian Walden provides an updated version of his 2007 treatise on legal aspect of…
Rank this Week: 83

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Sep 29

    Plaid Technologies Inc. v. Yodlee, Inc. (PTAB 2016)

    Plaid Technologies Inc. v. Yodlee, Inc. (PTAB 2016)
    CBM Petition Denied for Patent Lacking Financial Product or Financial Activity in the Claims By Joseph Herndon -- In a recent decision, the Patent Trial and Appeal Board (PTAB) denied the institution of a covered business method (CBM) patent…
  • Sep 28

    BMC Software, Inc. v. zIT Consulting GmbH (PTAB 2016)

    BMC Software, Inc. v. zIT Consulting GmbH (PTAB 2016)
    CBM Patent Review Denied for Claims Lacking Financial Subject Matter By Joseph Herndon -- The PTAB denied institution of a covered business method (CBM) patent review in a case between BMC Software Inc. (Petitioner) v. zIT Consulting GmbH…
  • Sep 27

    PTAB Life Sciences Report

    PTAB Life Sciences Report
    By John Cravero and Richard Martin -- About the PTAB Life Sciences Report: Each week we will report on recent developments at the PTAB involving life sciences patents. Medtronic Xomed, Inc. v. Neurovision Medical Products, Inc. PTAB Petition:…
Rank this Week: 78

Social Media & Games Law Blog

Social Media & Games Law Blog

Covers virtual worlds and social media issues. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.socialgameslaw.com/
  • Sep 21

    Are Your Social Media Fans Cybersecurity Savvy?

    Are Your Social Media Fans Cybersecurity Savvy?
    Today’s online world is all about engaging and staying connected with others via social media. For businesses, establishing a presence on various social media platforms is an enticing way to connect with current customers as well as…
  • Sep 15

    Murky Media: How Companies and Celebrities May Fall Short of the FTC’s “Clear and Conspicuous” Standard

    Murky Media: How Companies and Celebrities May Fall Short of the FTC’s “Clear and Conspicuous” Standard
    Social media has become a must-have medium for most companies and celebrities. The medium provides an easy, inexpensive and instantaneous connection to customers and fans. However, as social media marketing continues to expand and evolve, so…
  • Sep 12

    Should Social Media Have a Role in Mergers and Acquisitions?

    Should Social Media Have a Role in Mergers and Acquisitions?
    Social media is quickly becoming the way that companies present and market themselves to the world. Companies are also realizing the value social media provides in an easy conduit to communicate with customers. But the same qualities that…
Rank this Week: 76

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 27

    Does the FTC Get a Free Pass From Section 230?–FTC v. LeadClick

    Does the FTC Get a Free Pass From Section 230?–FTC v. LeadClick
    I’ve often joked that the FTC and state AGs choose to live in a fantasy world where Section 230 doesn’t exist. But a new ruling from the Second Circuit has turned my joke on its ear, suggesting that my underlying...
  • 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…
Rank this Week: 85

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: 115

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: 116

Internet Cases

Internet Cases

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

http://blog.internetcases.com
Rank this Week: 113

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 136

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 30

    Telling the Middle Class How to Be Middle-Class: Tax Incentives for Saving

    Telling the Middle Class How to Be Middle-Class: Tax Incentives for Saving
    Lisa Philipps, Registered Savings Plans and the Making of Middle Class Canada: Toward a Performative Theory of Tax Policy, 84 Fordham L. Rev. (forthcoming 2016), available at SSRN.Neil H. BuchananAnalyses of tax policy are typically…
  • Sep 29

    Are Corporations Responsible Agents?

    Are Corporations Responsible Agents?
    Benjamin Ewing, The Structure of Tort Law, Revisited: The Problem of Corporate Responsibility, 8 J. Tort Law 1 (2015).Gregory KeatingIn The Structure of Tort Law, Revisited: The Problem of Corporate Responsibility, Benjamin Ewing, a visiting…
  • Sep 28

    Does Compensation Deter Takings? New (and Surprising) Evidence

    Does Compensation Deter Takings? New (and Surprising) Evidence
    Ronit Levine-Schnur & Gideon Parchomovsky, Is the Government Fiscally Blind? An Empirical Examination of the Effect of the Compensation Requirement on Eminent Domain Exercises, 45 J. Legal Stud. (forthcoming 2016), available at Penn…
Rank this Week: 131

Excess Copyright

Excess Copyright

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

http://excesscopyright.blogspot.com/
Rank this Week: 159

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 29

    The Effect of DNS on Tor’s Anonymity

    The Effect of DNS on Tor’s Anonymity
    This blog post is joint work with Benjamin Greschbach, Tobias Pulls, Laura M. Roberts, and Nick Feamster. Counting almost two million daily users and 7,000 relays, the Tor network is the largest anonymity network operating today. The Tor…
  • Sep 29

    My testimony before the House Subcommittee on IT

    My testimony before the House Subcommittee on IT
    I was invited to testify yesterday before the U.S. House of Representatives Subcommittee on Information Technology, at a hearing entitled “Cybersecurity: Ensuring the Integrity of the Ballot Box.”  My written testimony is…
  • Sep 28

    Are you really anonymous online?

    Are you really anonymous online?
    As you browse the internet, online advertisers track nearly every site you visit, amassing a trove of information on your habits and preferences. When you visit a news site, they might see you’re a fan of basketball, opera and mystery…
Rank this Week: 127

Seattle Trademark Lawyer

Seattle Trademark Lawyer

Covers trademark law developments from Seattle and beyond. By Michael Atkins.

http://seattletrademarklawyer.com/
  • Aug 10

    Taking the Mystery out of Trademark Use

    Taking the Mystery out of Trademark Use
    Before a trademark can be registered, it has to be used. There’s one exception to that — if a mark is registered in a foreign country, it can be registered in the States without having been used here. But even then, the…
  • Jun 27

    Decision on Redskins Trademark Proper but Mostly Symbollic

    Decision on Redskins Trademark Proper but Mostly Symbollic
    No question, the PTO got it right. The PTO’s administrative law branch, the U.S. Trademark Trial and Appeal Board, finally decided the REDSKINS trademark is too offensive to continue to justify the expanded rights that stem from…
  • Jun 1

    Washington's Bill to Tax Marijuana Trademarks is a Bad Idea

    Washington's Bill to Tax Marijuana Trademarks is a Bad Idea
    During Washington’s last legislative session, Olympia considered taxing marijuana trademarks. It’s a bad idea. But first, a little background on the bill. If passed, House Bill 1976, would have levied a “tax of three…
Rank this Week: 137

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Sep 30

    LawLawLaw #41 – Top 10 Technology, Law, Baseball, and Music Blog

    LawLawLaw #41 – Top 10 Technology, Law, Baseball, and Music Blog
    Technology, Law, Baseball, Rock ‘n’ Roll. I was talking to somebody today (somebody whom I thought knew me pretty well) who, as it turns out, didn’t know that I’ve been in a Boston rock cover band since 2005. I also…
  • Sep 30

    The Who, What, Where, When, Why, And How Of Trademark

    The Who, What, Where, When, Why, And How Of Trademark
    Trademark law in plain English. Part 1: Trademark Law 101 The reporter questions: who, what, where, when, why, how. But not in that order. Why File Trademarks? Purpose. The purpose of a trademark is to identify products and services with…
  • 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…
Rank this Week: 219

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: 207

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Sep 30

    Patentlyo Bits and Bytes by Anthony McCain

    Patentlyo Bits and Bytes by Anthony McCain
    Gene Quinn: How NOT To Respond To An Office Action PTO Must Apply Phillips Standard When Construing Expired Patents Adam Liptak: Law On Disparaging Trademarks Gets Supreme Court Review Robert Sachs: Bad Science Makes Bad Patent Law-No Science…
  • Sep 29

    Lee v. Tam: Supreme Court Takes on the Slant

    Lee v. Tam: Supreme Court Takes on the Slant
    by Dennis Crouch In its decision in this trademark registration case, the Federal Circuit found the statutory prohibition against registering “disparaging marks” an unconstitutional governmental regulation of speech in…
  • Sep 28

    Supreme Court Patent Cases – September 28 Update

    Supreme Court Patent Cases – September 28 Update
    by Dennis Crouch Cooper v. Lee and Cooper v. Square are both ask the same question: whether 35 U.S.C. §318(b) violates Article III of the United States Constitution, to the extent that it empowers an executive…
Rank this Week: 212

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Sep 30

    TTAB Quarterly Index: July-September 2016

    TTAB Quarterly Index: July-September 2016
    E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the blog on Twitter (here). And don't forget to leave your comments! [Note…
  • Sep 30

    Precedential No. 28: Claim Preclusion Inapplicable To Fraud Claim Due To Different Transactional Fact

    Precedential No. 28: Claim Preclusion Inapplicable To Fraud Claim Due To Different Transactional Fact
    The Board entered summary judgment in favor of petitioner on the issue of claim preclusion in this proceeding seeking cancellation of a registration for the mark DANTANNA'S for "steak and seafood restaurant." Respondent contended that…
  • Sep 29

    Precedential No. 27: TTAB Rejects Fraud Claim in QUIRK Cancellation Proceeding

    Precedential No. 27: TTAB Rejects Fraud Claim in QUIRK Cancellation Proceeding
    The Board dismissed a petition for cancellation of registrations for the marks QUIRK and QUIRK AUTO PARK for "automobile dealership" because petitioner failed to prove its claim of fraud on the USPTO. Petitioner asserted that respondent's…
Rank this Week: 203

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: 213

Seattle Copyright Watch

Seattle Copyright Watch

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

http://www.seattlecopyrightwatch.com/
  • Sep 30

    Enforceability of Foreign Law More Complex Than Mere Translation

    Enforceability of Foreign Law More Complex Than Mere Translation
    Yves Sicre de Fontbrune owns the copyright in the Zervos Catalog, considered a complete photographic catalog of Pablo Picasso’s artworks and containing more than 16,000 photographs. De Fontbrune successfully sued American art editor…
  • Sep 23

    Trade Secret Misappropriation Defeats Maze of Copyright Preemption Claim

    Trade Secret Misappropriation Defeats Maze of Copyright Preemption Claim
    GlobeRanger is a software company that specializes in radio frequency identification (RFID) technology.  GlobeRanger RFID solutions focus on inventory management, allowing users to filter, process and store inventory information in real…
  • Sep 16

    PlumbBob Flash Drive Design May Be Protected by Copyright

    PlumbBob Flash Drive Design May Be Protected by Copyright
    Electronic Arts (EA) creates a variety of online games, including The Sims.  The Sims game includes a gem-shaped icon called a “PlumbBob.”  To promote a Collector’s Edition of The Sims, EA contracted with…
Rank this Week: 328

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Sep 29

    3 Count: A Trial Denied

    3 Count: A Trial Denied
    Oracle denied third trial in case with Google over Java, Donald Trump Jr tweet removed due to copyright claim and BitTorrent introduces altruism mode. The post 3 Count: A Trial Denied appeared first on Plagiarism Today.
  • Sep 28

    5 Important Copyright Questions Before U.S. Court

    5 Important Copyright Questions Before U.S. Court
    Copyright is an ever-changing landscape, here are five cases to watch if you're interested in public domain, pre-1972 sound recordings and more! The post 5 Important Copyright Questions Before U.S. Courts appeared first on Plagiarism Today.
  • Sep 28

    3 Count: Roc-A-Fella

    3 Count: Roc-A-Fella
    Judge rules designer not owed royalties for Roc-A-Fella logo, composer attempting to get more royalties from 50 Cent and Cloudflare in the crosshairs. The post 3 Count: Roc-A-Fella appeared first on Plagiarism Today.
Rank this Week: 301

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 28

    The ‘BACK’ in the .FEEDBACK TLD Refers To The Trademark Owner

    The ‘BACK’ in the .FEEDBACK TLD Refers To The Trademark Owner
    TLS is the registry behind the .FEEDBACK top level domain. The CEO of TS has stated that .FEEDBACK is UDRP-proof, because, as I understand the claim, criticism is a good faith use under the second prong of the UDRP. The CEO backed up that…
  • Sep 26

    Lawsuit re FOOTBALL FACTORY AT LEGENDS

    Lawsuit re FOOTBALL FACTORY AT LEGENDS
    We need Men In Blazers to sort this one out. Allegations that employee of NYC bar stole FOOTBALL FACTORY trademark.
  • 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.
Rank this Week: 313

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: 305

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: 230

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: 321

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: 249

Legal Dispatches

Legal Dispatches

By Emiily Maruja Bass.

http://basslaw.wordpress.com/
  • Jun 27

    The Justices Are Not Writing On A Blank Slate

    The Justices Are Not Writing On A Blank Slate
    When legal scholars consider instances over the past 25 years in which the Supreme Court has struck down federal legislation as unconstitutional, two cases come up most frequently: United States v Lopez, 514 U.S. 549 (1995), and United States…
  • Jun 27

    The Justices Are Not Writing On A Blank Slate

    The Justices Are Not Writing On A Blank Slate
    When legal scholars consider instances over the past 25 years in which the Supreme Court has struck down federal legislation as unconstitutional, two cases come up most frequently: United States v Lopez, 514 U.S. 549 (1995), and United States…
  • May 30

    Health Care Reform: Has The Supreme Court Already Embraced The Individual Mandate?

    Health Care Reform: Has The Supreme Court Already Embraced The Individual Mandate?
    Is President Obama’s health-care law dead? Ever since the United States Supreme Court heard arguments about its constitutionality in late March, speculation has been rife that, at a minimum, the Justices will strike down the individual…
Rank this Week: 290

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/
  • Oct 1

    How I Discovered Strong Patents Are Critical for America

    How I Discovered Strong Patents Are Critical for America
    Over the past 25 years, I have patented innovations relating to digital watermarking, content recognition, deep packet inspection, rights management, and related technologies. Today digital watermarking is found on billions of files moving…
  • Oct 1

    FAA’s new rule allows somewhat larger degree of commercial drone use

    FAA’s new rule allows somewhat larger degree of commercial drone use
    The latest regulatory development at the FAA concerning UAVs is the issue of a new rule regarding small unmanned aircraft systems (UAS) which went into effect August 29th. The new rule, known as Part 107, allow for the transportation of…
  • Oct 1

    USPTO Announces Patents for Humanity Winner

    USPTO Announces Patents for Humanity Winner
    USPTO is giving four awards and two honorable mentions in the 2016 Patents for Humanity awards. Award recipients receive public recognition at an award ceremony arranged by the USPTO. They also receive a certificate to accelerate certain…
Rank this Week: 404

Patentology

Patentology

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

http://blog.patentology.com.au/
  • Sep 30

    So I Quit My Job. Here’s Why.

    So I Quit My Job. Here’s Why.
    I quit my job at Watermark.  As of Friday, 7 October 2016, I will no longer be working as a patent attorney, at least for the immediately foreseeable future.  I have no new job to go to, and I genuinely have no idea what I am going…
  • Sep 17

    Does Australia Have a (US-Style) Two-Step Test for Patent-Eligibility?

    Does Australia Have a (US-Style) Two-Step Test for Patent-Eligibility?
    In its Mayo/Myriad/Alice series of cases, the US Supreme Court has established a two-step test in order to determine whether a claimed invention defines patent-eligible subject matter or not.  In the first step, the claims are examined…
  • Sep 11

    Recombinant DNA Technology and Extensions of Patent Term – ‘Swiss-Style’ Claims Continue to Confuse

    Recombinant DNA Technology and Extensions of Patent Term – ‘Swiss-Style’ Claims Continue to Confuse
    A recent decision by the Administrative Appeals Tribunal of Australia has addressed the question of whether a patent directed to a second or subsequent medical use of a known pharmaceutical substance can be eligible for an extension of term,…
Rank this Week: 346

Copyright & Trademark Matters

Copyright & Trademark Matters

Offers insights and developments in copyright and trademark law. By Mintz Levin.

http://www.copyrighttrademarkmatters.com
Rank this Week: 392

43(B)log

43(B)log

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

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

    Right of publicity/passing off blast from the past

    Right of publicity/passing off blast from the past
    From The Spirit of the Times, May 21, 1845"Gen. Tom Thumb's father brought suit in Paris, against the manager of a theatre, who announced a play called Tom Pouce, (Thumb,) while the General was exhibiting himself at another place. The…
  • Sep 29

    when are state law unfair competition claims preempted?

    when are state law unfair competition claims preempted?
    Duer v. Bensussen Deutsch & Associates, Inc., 2015 WL 11256568, No. 14-CV-01589 (N.D. Ga. Jul. 8, 2015)Very broad preemption finding makes me blog this older case that popped out of Westlaw.  Duer makes medicine dosage adherence…
  • Sep 29

    Parody product fails to squeak through the cracks in dilution/infringement claim

    Parody product fails to squeak through the cracks in dilution/infringement claim
    VIP Products, LLC v. Jack Daniel’s Properties, Inc., No. 14-cv-02057 (D. Az. Sept. 27, 2016)The court denied VIP’s motion for summary judgment on its declaratory judgment action against JDPI, and also kicked out a number of…
Rank this Week: 366

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 29

    EDTX motions to transfer grant rate rises to 57%

    EDTX motions to transfer grant rate rises to 57%
    Good article by Wei Wang, Gregory H. Lantier, Derek Gosma, and Mindy Sooter in WilmerHale's Eastern District of Texas Newsletter this month on motions to transfer in the district. In it, they note that the number of motions to transfer...
  • 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...
Rank this Week: 361

Music & Copyright's Blog

Music & Copyright's Blog

Covers global copyright and legal issues affecting the music industry.

http://musicandcopyright.wordpress.com
  • Sep 28

    New issue of Music & Copyright with Mexico country report

    New issue of Music & Copyright with Mexico country report
    The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights. Midyear trade results hint at a very positive year for global recorded-music sales All of the world’s major…
  • Sep 14

    New issue of Music & Copyright with Japan country report

    New issue of Music & Copyright with Japan country report
    The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights. ECJ clarifies the copyright infringement rules concerning hyperlinks The European Court of Justice (ECJ) has ruled that…
  • Aug 31

    New issue of Music & Copyright

    New issue of Music & Copyright
    The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights. Russia’s royalty collection system heading for a big shake-up Russia’s music royalty collecting segment has…
Rank this Week: 390

Software Intellectual Property…

Software Intellectual Property Report

Covers the places where software intersects the law of intellectual property. By Charles A. Bieneman.

http://swipreport.com/
Rank this Week: 371

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 26

    Filing Cybersquatting Complaints With No Actionable Claim

    Filing Cybersquatting Complaints With No Actionable Claim
    I noted in last week’s essay three kinds of cybersquatting complaints typically filed under ICANN’S Uniform Domain Name Dispute Resolution Policy (UDRP). The third (utterly meritless) kind are also filed in federal court under the…
  • 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…
Rank this Week: 534

Law, Technology & Arts Blog

Law, Technology & Arts Blog

Covers emerging legal issues in IP, technology, commerce, and the arts. From the Washington Journal of Law, Technology & Arts.

http://wjlta.wordpress.com/
  • Aug 5

    I ATEN’T DEAD: The Continuing Trademark Saga of B&B Hardware v. Hargis Industrie

    I ATEN’T DEAD: The Continuing Trademark Saga of B&B Hardware v. Hargis Industrie
    By Gwen Wei Does anybody remember how B&B Hardware v. Hargis Industries started anymore? B&B Hardware is a labyrinthine case grown out of simple roots: in 1993, B&B Hardware (“B&B”) trademarked…
  • Aug 3

    Uber for the Skies Gets Shot Down by Federal Regulator

    Uber for the Skies Gets Shot Down by Federal Regulator
    By: Samuel Daheim In December 2015, the United States Court of Appeals for the District of Columbia Circuit held the Federal Aviation Administration (FAA) rightfully concluded that private pilots, using a web-based service to offer…
  • Jul 26

    Rated T for Tobacco: The Impact of Tobacco Imagery on Movie Rating

    Rated T for Tobacco: The Impact of Tobacco Imagery on Movie Rating
    By Alex Bullock Whether you should smoke or not is a personal choice. However, whether smoking is good or bad for your health is not really a matter of opinion (spoiler, it’s bad for you). Smoking is certainly not a habit that we,…
Rank this Week: 335

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: 542

eMedia Law

eMedia Law

Covers internet marketing and online media. By Travis Crabtree.

http://www.emedialaw.com/
  • May 19

    What Start-Ups, Tech Companies and Marketers Need to Know About the New Overtime Rule

    What Start-Ups, Tech Companies and Marketers Need to Know About the New Overtime Rule
    You may have heard about new overtime rules from the Department of Labor. It’s not all about bathroom laws. Michael Kelsheimer, author of the Employer Handbook, broke down the new rules in Federal Changes to Overtime Exemptions…
  • May 6

    What You Need to Know About the Federal Defend Trade Secrets Act of 2016

    What You Need to Know About the Federal Defend Trade Secrets Act of 2016
    My colleagues Michael Kelsheimer (author of the monthly Employer Handbook blog), intellectual property lawyer David Lisch and I put together a client alert on the new Federal Defend Trade Secrets Act of 2016 law. You can download the…
  • Apr 29

    Laremy Tunsil’s Draft Slide May Result in Criminal or Civil Liability

    Laremy Tunsil’s Draft Slide May Result in Criminal or Civil Liability
    If you watched the first round of the NFL Draft, the big story was the sliding of Ole Miss offensive tackle Laremy Tunsil out of the top five to number 13. As the draft was unfolding, someone released a video of him smoking marijuana through…
Rank this Week: 446

A Copyfighter's Musings

A Copyfighter's Musings

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

http://blogs.law.harvard.edu/cmusings
  • Apr 25

    Takedown

    Takedown
    These days, I spend most of my work time here. The copyfighting lives on within the family, though.
  • Oct 16

    noimnotgoingtolawschool.com

    noimnotgoingtolawschool.com
    noimnotgoingtolawschool.com https://plus.google.com/u/0/107734895193166429976/posts/TsrKbF2BvP1            
  • Oct 16

    noimnotgoingtolawschool.com

    noimnotgoingtolawschool.com
    noimnotgoingtolawschool.com https://plus.google.com/u/0/107734895193166429976/posts/TsrKbF2BvP1            
Rank this Week: 546

William Carleton, Counselor @ Law

William Carleton, Counselor @ Law

Covers legal and investment issues facing emerging tech companies.

http://www.wac6.com/wac6/
  • Mar 16

    Secondary Sales and An Investor Covenant You Don’t Want To Mi

    Secondary Sales and An Investor Covenant You Don’t Want To Mi
    Dear Readers: This is a post I co-wrote with Joe Wallin, who has published the almost identical post here. If you are investing in early stage companies, there are certain deal terms you want. Most you probably know already: if...
  • Mar 11

    A Gift from Congress to Angel

    A Gift from Congress to Angel
    The picture here was taken by Joe Wallin, who was on a panel with me, Gary Kocher of K&L Gates, Tom Alberg of Madrona Ventures, and Dan Rosen of the Alliance of Angels, talking to the Angel Capital Association's NW...
  • Mar 3

    Looking for Mr. 506(c)

    Looking for Mr. 506(c)
    "On a relative basis, issuances claiming the new Rule 506(c) exemption have accounted for only 2.1% of the reported capital raised pursuant to Rule 506 since becoming effective in September 2014." So reads a key finding of a report,…
Rank this Week: 365

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/
  • May 4

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar
    On May 8, 2015, I have the pleasure of speaking at Bridgeport Continuing Education's "Trade Secret and Employee Mobility" seminar. For a list of the distinguished speakers and topics, click here . I will be speaking about the intersection…
  • May 4

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar
    On May 8, 2015, I have the pleasure of speaking at Bridgeport Continuing Education's "Trade Secret and Employee Mobility" seminar. For a list of the distinguished speakers and topics, click here . I will be speaking about the…
  • Apr 10

    Vampire Wines Bites Into Yard House’s Vampire Taco Trademark With Infringement Lawsuit

    Vampire Wines Bites Into Yard House’s Vampire Taco Trademark With Infringement Lawsuit
    TI Beverage Group and its attorney, trademark licensor, and co-plaintiff Michael Machat are not drinking at the Yard House and nothing seems to be merry despite the consumption of tacos and alcohol. Plaintiffs appear to have more of an…
Rank this Week: 380

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: 529

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: 342

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: 476

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: 511