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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/
  • Mar 15

    The Second Circuit, Nazi Looted Art, and Why Museums Are Letting ISIS Flourish

    The Second Circuit, Nazi Looted Art, and Why Museums Are Letting ISIS Flourish
    Camille Pissaro - La Bergere Rentrant des MoutonsThe United States Court of Appeals for the Second Circuit has remanded a case against the University of Oklahoma brought by a Jewish woman seeking the return of a painting by Camille Pissaro…
  • Mar 9

    Nazi Looted Art: Cases, Ethics and Law - March 24, 2015 Westchester Women's Bar Association

    Nazi Looted Art: Cases, Ethics and Law - March 24, 2015 Westchester Women's Bar Association
    Nazi Looted Art: Cases, Ethics and Law Presenter: Raymond Dowd, Esq.  With last year’s film Monuments Men, the upcoming Woman in Gold starring Helen Mirren and Ryan Reynolds, and with the documentary The Rape of Europa on PBS, the…
  • Mar 2

    List of Law Librarians on Twitter

    List of Law Librarians on Twitter
    Baker, Brian L. @brianlbakerAhlbrand, Ashley @AshleyAmesAllison, Jennifer @jenellen1214Ballard, Terry @terryballardBassett, Cindy @LibrynthBeatty, John @johnny42Beitz, Janelle @jkbeitzBlackaby, Dan @dblackabyBlaine, Anna @annacb33Boone, Tom…
Rank this Week: 25

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Mar 27

    A legitimate affiliation confusion claim?

    A legitimate affiliation confusion claim?
    Grubbs v. Sheakley Group, Inc., 2015 WL 1321126, No. 1:13cv246 (S.D. Ohio Mar. 18, 2015)  The court adopted the magistrate judge’s recommendations in this case, dismissing Lanham Act claims (and RICO claims) and declining to retain…
  • Mar 26

    Fair use quote of the day

    Fair use quote of the day
    Rigsby v. Erie Ins. Co., No. 14-cv-905 (W.D. Wis. Mar. 16, 2015): “It is difficult to imagine how it could not be fair use for an insurer to copy or distribute a photograph for the purpose of evaluating an insured’s…
  • Mar 26

    The cartoonist has no idea how fair use work

    The cartoonist has no idea how fair use work
    Story here.http://tushnet.blogspot.com/feeds/posts/default?alt=r
Rank this Week: 55

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Mar 30

    On Unintended Consequences: Will the B&B SCOTUS Ruling Encourage Trademark Bullies?

    On Unintended Consequences: Will the B&B SCOTUS Ruling Encourage Trademark Bullies?
    Last week, while I was preparing for and had the unique opportunity of arguing a real, live TTAB final hearing on the merits, outside the TTAB’s typical oral hearing location (because it was selected by the TTAB to be part of the…
  • Mar 27

    A Disclaimer for Disclaimers at the USPTO

    A Disclaimer for Disclaimers at the USPTO
    You know that feeling when you’ve nearly crossed the finish line? You have done the work, put in the time, and the only step left is to run through the tape. There can be similar moments with trademark applications, too. Admittedly, it…
  • Mar 26

    Blurred Right

    Blurred Right
    You may, like me and hundreds of others, have had the “Blurred Lines” verses: “I know you want it, You’re a good girl, You’re far from plastic, Talk about getting blasted, I hate these blurred lines,” stuck…
Rank this Week: 60

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/
  • Feb 23

    Recent Decision

    Recent Decision
    Cal. law firm's website insufficient to create per. j. in Ga. FisherBROYLES, LLP v. JURIS LAW GROUP ND Georgia http://t.co/wpNYFcrRGx — TrademarkBlog (@TrademarkBlog) February 23, 2015 When will corporate officer be personally…
  • Feb 11

    EDVA Reverses FLANAX Case; No Exceptions to the Territoriality Principle

    EDVA Reverses FLANAX Case; No Exceptions to the Territoriality Principle
    The U.S. District Court for the Eastern District of Virginia, in a case of first impression, held that Article 6bis of the Paris Convention, the famous marks provision, does not provide trademark rights that are protectable under Section…
  • Jan 22

    Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plain

    Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plain
    A jury in the Southern District of New York (White Plains) awarded a complete victory to Triboro Quilt Manufacturing Corporation in its lawsuit against Luve LLC arising from an exclusive license agreement between the parties. Under the…
Rank this Week: 66

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Mar 29

    Patents before product?

    Patents before product?
    From Crain's--Companies are seeking patents earlier in their lifecycle because of a recent shift in regulations to “first to file” a patent from “first to invent,” says James Malackowski, CEO of Ocean Tomo, a…
  • Mar 29

    Trademark tarnishment theme on The Good Wife on 29 March 2015

    Trademark tarnishment theme on The Good Wife on 29 March 2015
    Amidst the complexities of Alisha's dealing with her SA win, one has themes of copyright infringement and later trademark tarnishment.More excitement appears when the law firm's emails are hacked and published. Cary: it's like a pirate ship…
  • Mar 29

    "60 Minutes" on March 29, 2015 discusses cancer treatment

    "60 Minutes" on March 29, 2015 discusses cancer treatment
    The first story is Charlie Rose interviewing Assad of Syria.Scott Pelley on Duke using polio virus to treat glioblastoma.Infect the rumors with polio. Pelley observed that in the past,100 years of research added only months of life to a…
Rank this Week: 75

Likelihood of Confusion

Likelihood of Confusion

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

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

    Secondary Trademark Infringement: Don’t wait for the movie!

    Secondary Trademark Infringement: Don’t wait for the movie!
    Critics agree:  Buy the Jane Coleman and Griff Price’s Secondary Trademark Infringement from Bloomberg BNA –or you’re liable to miss the big one!
  • Mar 27

    Best of 2011: “Life rights”? (Making things with life?)

    Best of 2011: “Life rights”? (Making things with life?)
    First posted May 23, 2011. Pittsburgh Trademark Lawyer Daniel Corbett brings us an NBA star’s attempt at a four-point shot: Post-relationship drama takes many forms, but federal court litigation under the Lanham Act isn’t…
  • Mar 26

    Functionality in trademark and patent law

    Functionality in trademark and patent law
    What with all the hoopla over controversial and headline-making cases, it’s tempting sometimes to forget about the need to drill and to stay up to date on the everyday craft of trademark law.  So when John Welch sees fit to…
Rank this Week: 77

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 83

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Mar 20

    Social Networking Expiration Date

    Social Networking Expiration Date
    Is your favorite social network budding, fresh, ripe, or rotten? Check Your Assumptions At The Door In the 1990s, writing business books was easy. So was picking stocks. Remember day trading? It’s easy to pick stocks (or write business…
  • Mar 17

    17 Seconds #10

    17 Seconds #10
    17 Seconds = useful info quickly. We interrupt our usual patent and trademark news to bring you this tech anecdote. And to ask a small favor. Recently, we sent an email to a company saying that their trademark was ready to file. And we sent…
  • Feb 17

    17 Seconds #9

    17 Seconds #9
    17 Seconds gives you useful info quickly. All modern patent law is a derivative of the Venetian Patent Act of 1474, which was designed to encourage “men of great genius” (and, unfortunately, they did mean men) to come to Venice.…
Rank this Week: 94

IP in Brief

IP in Brief

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

http://www.ipinbrief.com
  • Mar 19

    Proving and Disproving Trade Secret Claim

    Proving and Disproving Trade Secret Claim
    Dennis Murrell and Robert Theuerkauf from Middleton Reutlinger in Louisville explained how to prove and defend against trade secret claims at the IPI’s Ocean Reef winter conference. Here is a summary of their excellent presentation.
  • Mar 6

    Proving Damages at Trial in Copyright Litigation

    Proving Damages at Trial in Copyright Litigation
    David Leichtman from Robins Kaplan in NY gave us an excellent presentation on proving damages at trial in copyright litigation at the Intellectual Property Institue's Ocean Reef winter conference. Here is my summary of his talk along with…
  • Mar 1

    Dos and Don’ts When Preparing for Trial in the Age of Social Media

    Dos and Don’ts When Preparing for Trial in the Age of Social Media
    Andrew Berger is moderating a panel discussion at the Litigation Counsel of America‘s 2015 Spring Conference. The title of the program is Avoiding the Googling Mistrial: Dos and Don’ts When Preparing for Trial in the Age…
Rank this Week: 97

IPKat

IPKat

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

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

    Never too late: if you missed the IPKat last week

    Never too late: if you missed the IPKat last week
    Here's the 39th Never Too Late compilation of short notes on all those Katposts that you might have missed last week.  Once again this list has been masterminded by our dear friend and colleague Alberto Bellan. Many thanks, Alberto! May…
  • Mar 30

    Onward march to Nagoya - UK and EU draft implementing regulation

    Onward march to Nagoya - UK and EU draft implementing regulation
    The Nagoya Protocol entered into effect for the EU on 12 October 2014 (see IPKat post here).  On that day, the "Regulation No 511/2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the…
  • Mar 30

    Litigation with friends: a Scramble for Scrabble in the Court of Appeal

    Litigation with friends: a Scramble for Scrabble in the Court of Appeal
    It occasionally happens that an important case comes along for which there isn't an available Kat to write a blog-post. Conflicts of interest can take their toll. So it was here, that last week the Court of Appeal for England and Wales handed…
Rank this Week: 99

Recording Industry vs The People

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/
  • Mar 27

    Aereo files for bankruptcy

    Aereo files for bankruptcy
    Well, it finally happened; Aereo has given up the ghost and filed for bankruptcy. It will be interesting to see whether the the content cartel will be satisfied at having put the company out of business, or will instead look for blood. March…
  • Sep 29

    Individual defendants found liable in Grooveshark case

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

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

    New ruling in Capitol v MP3Tunes, reduces punitive damages, denies Robertson motion for new trial
    In Capitol Records v. MP3Tunes, the Judge has denied individual defendant Michael Robertson's motion for a new trial, but reduced the punitive damages award on the state law claims for pre-1972 recordings. September 29, 2014, Decision,…
Rank this Week: 102

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/
  • Mar 27

    Is Fox News Proposing a New Standard For Determining Fair Use?

    Is Fox News Proposing a New Standard For Determining Fair Use?
    North Jersey Media Group Inc. is the copyright owner of the iconic photograph of three firefighters raising an American flag at the ruins of the World Trade Center on September 11, 2001. On September 11, 2013, a Fox News producer posted a…
  • Mar 20

    Bob Marley and Federal False Endorsement Claim

    Bob Marley and Federal False Endorsement Claim
    Since his death in 1981, reggae superstar Bob Marley and his “image” continue to be broadly popular and command millions of dollars each year in merchandising revenue. His children own an entity called Fifth Six Hope Road, Music,…
  • Mar 13

    SUPREME COURT: PATENT CLAIM CONSTRUCTION – TWO STANDARDS OF REVIEW

    SUPREME COURT: PATENT CLAIM CONSTRUCTION – TWO STANDARDS OF REVIEW
    The Supreme Court recently decided a patent case involving a significant procedural issue.  In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 135 S.Ct. 831 (1/20/15), the question before the Court was whether the Federal Circuit Court…
Rank this Week: 113

US Law Watch

US Law Watch

Provides US legal and regulatory information. By BNA International.

http://www.uslawwatch.com
Rank this Week: 130

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: 154

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Mar 29

    Court Report

    Court Report
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Purdue Pharma L.P. et al. v. Collegium Pharmaceutical, Inc. 1:15-cv-11294; filed March 26, 2015 in the District Court of…
  • Mar 29

    Conference & CLE Calendar

    Conference & CLE Calendar
    March 30-31, 2015 - Post-Grant Patent Challenges at the PTAB*** (Momentum) - San Jose, CA March 31, 2015 - "Overcoming Sect. 101 Rejections Post-Alice Corp. -- Leveraging USPTO Guidance and Recent Decisions to Meet Sect. 101 Patent…
  • Mar 27

    U.S. Biosimilars Conference

    U.S. Biosimilars Conference
    American Conference Institute (ACI) will be holding a conference on U.S. Biosimilars on April 21, 2015 in Munich, Germany. ACI faculty will offer presentations on the following topics: • Minimizing the Uncertainty Surrounding the…
Rank this Week: 160

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
  • Mar 19

    Omri Ben-Shahar, "The Unintended Effects of Access Justice Laws"

    Omri Ben-Shahar, "The Unintended Effects of Access Justice Laws"
    Access Justice laws give people equal opportunity to enjoy primary goods, ensuring that access to these goods is not allocated by markets and is not tilted in favor of wealth and privilege. But Access Justice often fails to meet its…
  • Mar 16

    William Baude, "Is Originalism Our Law?"

    William Baude, "Is Originalism Our Law?"
    At her confirmation hearing, Supreme Court Justice Elena Kagan said that "we are all originalists." Is that true, and what would it mean for it to be true? In Is Originalism Our Law?, I argue that there is an important sense in which Justice…
  • Mar 3

    Panel: "Ferguson and Beyond: Criminal Procedure and Police Killings"

    Panel: "Ferguson and Beyond: Criminal Procedure and Police Killings"
    This panel was moderated by Professor Siegler and included Deputy Dean Ginsburg and Professors Huq, McAdams, and Randolph Stone. The event took place on February 4, 2015. It was presented by BLSA in partnership with the Law School and…
Rank this Week: 157

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: 161

Current Trends in Copyright,…

Current Trends in Copyright, Trademark & Entertainment Law

By the Bennet Law Office.

http://ipandentertainmentlaw.wordpress.com
  • May 9

    CREATE PROTECT BLOG Has a New Home

    CREATE PROTECT BLOG Has a New Home
    The CREATE PROTECT blog, also known as “Current Trends in IP and Entertainment Law,” has relocated to our fabulous new home.  Click here to keep reading the blog. Snag our RSS feed in Feedly.
  • May 9

    CREATE PROTECT BLOG Has a New Home

    CREATE PROTECT BLOG Has a New Home
    The CREATE PROTECT blog, also known as “Current Trends in IP and Entertainment Law,” has relocated to our fabulous new home.  Click here to keep reading the blog.   Click here to update your RSS feed. Attorney…
  • Apr 22

    Who Controls Your Likeness? Balancing Right of Publicity and Free Speech

    Who Controls Your Likeness? Balancing Right of Publicity and Free Speech
    Just a quick note to let you know our blog has a new home.  Click here for all the new content for the Create Protect blog and subscribe to the RSS feed. Originally Published in TEXAS LAWYER* Sharing photos has never been easier. From…
Rank this Week: 170

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: 200

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Mar 30

    Delay During Settlement Talks Not Prejudiced

    Delay During Settlement Talks Not Prejudiced
    Avnet, Inc. v. Motio, Inc.., No 12 C 2100, Slip Op. (N.D. Ill. Jan. 30, 2015) (Lefkow, J.). Judge Lefkow granted defendant Motio’s motion to amend its answer and counterclaim adding counterclaims and an affirmative defense regarding…
  • Mar 27

    Patent Application Publication Does Not Trigger Statute of Limitation at Pleadings Stage

    Patent Application Publication Does Not Trigger Statute of Limitation at Pleadings Stage
    Ferris Mfg. Corp., v. Curaline, Inc., No 14 C 4663, Slip Op. (N.D. Ill. Jan. 21, 2015) (Tharp, J.). Judge Tharp denied defendant’s (collectively “Curaline”) Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Ferris’…
  • Mar 25

    Patent Claims Dismissed on Rule 12(b)(6) for Non-Infringement

    Patent Claims Dismissed on Rule 12(b)(6) for Non-Infringement
    Nalco Co. v. Chem-Mod, LLC, No 14 C 2510, Slip Op. (N.D. Ill. Feb. 4, 2015) (Darrah, J.). Judge Darrah granted defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Nalco’s patent infringement regarding a method for…
Rank this Week: 212

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/
  • Mar 30

    Queering the History of Sex Discrimination

    Queering the History of Sex Discrimination
    Phil Tiemeyer, Plane Queer: Labor, Sexuality, and AIDS in the History of Male Flight Attendants (2013).Serena MayeriIn my employment discrimination course, I use Diaz v. Pan American Airlines (5th Cir. 1971), overturning Pan Am’s ban on…
  • Mar 27

    Theorising Global Justice

    Theorising Global Justice
    Frank J. Garcia, Global Justice and International Economic Law: Three Takes, Cambridge University Press (2013).Sean CoyleIn a letter to the semi-pagan Nectarius (Epistle 91, §4), Saint Augustine sets forth one of the most…
  • Mar 25

    Internet Payment Blockades: SOPA and PIPA in Disguise? Or Worse?

    Internet Payment Blockades: SOPA and PIPA in Disguise? Or Worse?
    Annemarie Bridy, Internet Payment Blockades, Fla. L. Rev (forthcoming), available at SSRN.Stacey DoganThe law of intermediary liability in intellectual property reflects a constant struggle for balance. On the one hand, rights owners…
Rank this Week: 239

Patent Prospector

Patent Prospector

Offers an open forum for patent practitioners. Sponsored by Patent Hawk.

http://www.patenthawk.com/blog/
  • Mar 11

    Lost Credibility

    Lost Credibility
    In Warsaw Orthopedic v. Nuvasive, Southern California district court Judge Cathy Ann Bencivengo demonstrated her incompetence in patent law by granting damages inappropriately. A CAFC panel (CAFC 2013-1576, -1577) reminded: "a patentee is…
  • Feb 18

    Exhausting

    Exhausting
    Helferich licensed relevant portions of its patent portfolio to mobile handset manufacturers. Then it turned around and sued content providers that feed users through their handsets. In a whitewash ruling, Judge John W. Darrah of Illinois…
  • Feb 2

    Clear Error

    Clear Error
    The CAFC has long internally fretted about its self-indulgence of de novo review in claim construction, which is a legal interpretation of technical facts. In Teva v. Sandoz, the Supreme Court settled that score. When reviewing a district…
Rank this Week: 240

Patent Arcade

Patent Arcade

Covers video game IP law. By Ross Dannenberg.

http://www.patentarcade.com/
  • Mar 30

    New Case - Acceleration Bay LLC v. Activision Blizzard, Inc.

    New Case - Acceleration Bay LLC v. Activision Blizzard, Inc.
    Acceleration Bay LLC v. Activision Blizzard, Inc.U.S. District Court for the District of Delawareded-1-15-cv-00228Filed March 11, 2015A new complaint alleges that Activision Blizzard is violating several networking patents in regard to their…
  • Mar 24

    U.S. Patent No. 6,966,831: Method of branching flow of game

    U.S. Patent No. 6,966,831: Method of branching flow of game
    U.S. Patent No. 6,966,831: Method of branching flow of gameIssued November 22, 2005, to SonySummary: For all you gamers who grow tired of linear story lines without much of a story, the ‘831 patent will be appealing. The ‘831…
  • Mar 11

    Job Posting: Research Intern 2015

    Job Posting: Research Intern 2015
    Each year we take on a Research Intern to help with ongoing case research, updating our patent database, refreshing content, and anything else that comes along.  If you're interested, please send a cover letter, resume, transcripts, and…
Rank this Week: 264

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: 282

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/
  • Mar 30

    QVC Can’t Stop Web Scraping–QVC v. Resultly (Forbes Cross-Post)

    QVC Can’t Stop Web Scraping–QVC v. Resultly (Forbes Cross-Post)
    “Web scraping,” also called crawling or spidering, is the automated gathering of data from someone else’s website. Scraping is an essential part of how the Internet functions. For example, Google uses web scraping to build…
  • Mar 29

    GA Supreme Court Fixes Overbroad Injunction Against Message Board Operator–Chan v. Elli

    GA Supreme Court Fixes Overbroad Injunction Against Message Board Operator–Chan v. Elli
    This case involves message board posts by a community that criticized Ellis’s copyright enforcement efforts. Ellis sought and obtained a protection order against Chan, the operator of the message board, on the legal grounds that the…
  • Mar 28

    Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report

    Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report
    I previously blogged about this matter (see also Venkat’s update). A Massachusetts attorney, Goren, was unhappy about a user review of his law firm posted to Ripoff Report, which is well-known for not removing user posts. The plaintiffs…
Rank this Week: 304

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: 317

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
  • Mar 30

    Decrease in patent litigation questions need for patent reform

    Decrease in patent litigation questions need for patent reform
    In 2014 there were 1,070 fewer patent lawsuits filed than during 2013. Furthermore, the number of patent cases filed in 2014 was lower than the number of cases filed in 2012 by some 433 cases. Therefore, the stories of continued run away…
  • Mar 30

    Confusion Preclusion: SCOTUS Says TTAB Has Preclusive Effect

    Confusion Preclusion: SCOTUS Says TTAB Has Preclusive Effect
    There was a split in the circuit courts as to what effect a TTAB decision will have, and this depends heavily upon where the litigation is happening. The weight of a TTAB decision will vary depending on the jurisdiction, ranging from none at…
  • Mar 30

    IP Attaché Career Opportunity in Mexico City, Mexico

    IP Attaché Career Opportunity in Mexico City, Mexico
    The USPTO’s Office of Policy and International Affairs and the International Trade Administration, has an opening for an IP Attaché position in Mexico City, Mexico. This high-profile diplomatic position requires a law…
Rank this Week: 336

The TTABlog

The TTABlog

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

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

    Precedential No. 9: SMART BALANCE Not Confusable with SMART ONES for Frozen Food, Says TTAB

    Precedential No. 9: SMART BALANCE Not Confusable with SMART ONES for Frozen Food, Says TTAB
    In a 44-page opinion, the Board gave the cold shoulder to this consolidated opposition to registration of the mark SMART BALANCE for frozen entrees and for various snack foods and desserts, finding the mark not likely to cause confusion with…
  • Mar 27

    TTAB Test: Are These Two Marks For Overlapping Goods/Services Confusingly Similar?

    TTAB Test: Are These Two Marks For Overlapping Goods/Services Confusingly Similar?
    The USPTO refused registration of the mark shown first below, finding it likely to cause confusion with the mark shown second below, for goods/services that "perform overlapping functions, namely, the promotion of goods and services of others…
  • Mar 26

    TTAB Reverses 2(d) Refusal Due to Specific Differences in Involved Software

    TTAB Reverses 2(d) Refusal Due to Specific Differences in Involved Software
    The Board affirms 90% of the Section 2(d) refusals it gets its hands on, but here's one that it reversed. The applicant sought to register the mark MISTORE for "Computer software for use in connection with retail point of sale and inventory…
Rank this Week: 332

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/
  • Feb 2

    In Partial Defense of the Seahawks’ Play Calling

    In Partial Defense of the Seahawks’ Play Calling
    The conventional wisdom about last night’s Super Bowl is that the Seahawks made a game-losing mistake by running a passing play from the Patriots’ one yard line in the closing seconds. Some are calling it the worst Super Bowl play…
  • Jan 30

    Nine awesome Bitcoin projects at Princeton

    Nine awesome Bitcoin projects at Princeton
    As promised, here are the final project presentations from the Bitcoin and cryptocurrency technologies class I taught at Princeton. I encouraged students to build something real, rather than toy class projects, and they delivered. I hope…
  • Jan 28

    Android WebView security and the mobile advertising marketplace

    Android WebView security and the mobile advertising marketplace
    Freedom to Tinker readers are probably aware of the current controversy over Google’s handling of ongoing security vulnerabilities in its Android WebView component. What sounds at first like a routine security problem turns out to have…
Rank this Week: 330

Revista Mi Patente

Revista Mi Patente

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

http://www.mipatente.com/
  • Dec 6

    SIC avaló tres patentes en la industria gráfica

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

    Diputado resalta importancia de patentes para la ciencia

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

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

    Samsung Apela la Indemnización de 930 Millones a Apple por Violación de Patente
    En uno de tantos frentes abiertos en los tribunales, muchos de ellos por violación de patentes, la surcoreana fue condenada a pagar a Apple la friolera de 930 millones de dólares a principios de este mismo año. Ahora…
Rank this Week: 343

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: 324

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: 353

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Feb 20

    The Copyright Story of History’s Most Hated Book

    The Copyright Story of History’s Most Hated Book
    Mein Kampf is history's most infamous book but, as its copyright history winds to a close, we look back to see how the law handled this infamous work.
  • Feb 20

    3 Count: Three Strike

    3 Count: Three Strike
    Australian ISPs and content creators propose a new three strikes system, Playboy needs to answer questions in Ireland and ITC responds to critics.
  • Feb 19

    3 Count: Tumblr Dry

    3 Count: Tumblr Dry
    Tumblr now proactively blocking unlicensed music uploads, iiNet attacks expert witness and Game of Thrones trailer pulled from YouTube.
Rank this Week: 352

Case Clothesed For Fashion Law

Case Clothesed For Fashion Law

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

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

    Artistic Expression: Fashion Friend or Faux Pas?

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

    Business of Fashion Part 1: Fashion Licensing

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

    Ready or Not: 3-D Printing

    Ready or Not: 3-D Printing
    Written By: Tracy Weintstein Technology, technology, technology. It is all we hear and read about, and whether we like it or not, technology is rapidly altering the world around us. Some are completely intrigued by it and some begrudgingly…
Rank this Week: 359

Patently-O

Patently-O

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

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

    Teva, Nautilus, and Change without Change

    Teva, Nautilus, and Change without Change
    By Jason Rantanen Rather than just write short blog posts about the Federal Circuit’s recent claim construction decisions, I put together a longer piece that examines both indefiniteness after Nautilus v. Biosig and claim construction…
  • Mar 30

    Get a Patent Law Job

    Get a Patent Law Job
    There are lots of new jobs in the Patently-O Job Board. Visit our Jobs-Board sponsor Thompson Reuters IP Services.  
  • Mar 29

    Million Dollar Mistake? The Cost of Limiting or Canceling IP Right

    Million Dollar Mistake? The Cost of Limiting or Canceling IP Right
    Guest post by  Cynthia M. Ho, Clifford E. Vickrey Research Professor, Loyola University of Chicago School of Law. Philip Morris and Eli Lilly think that they are entitled to millions in compensation from countries that limit or deny…
Rank this Week: 405

The Invent Blog

The Invent Blog

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

http://blogs.bnip.com/tib/
  • Sep 23

    USPTO First To File Roadshow

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

    Adobe Acrobat Tips for Patent and Trademark Practitioner

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

    Free/Low Cost IP Statute Supplement

    Free/Low Cost IP Statute Supplement
    It used to be that almost every intellectual property attorney would personally have a printed copy of all of the U.S. patent, trademark and copyright statutes sitting on their desk. Every year, a new edition would be bought to replace the…
Rank this Week: 406

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: 416

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
  • Mar 30

    A new article released by the Frankfurt…

    A new article released by the Frankfurt Kurnit Art Law Group discusses the recent dismissal of McKenzie v. Fishko, a case brought by Richard F. McKenzie and his foundation against his dealer, Forum Gallery, and its director, Bella Fishko,…
  • Mar 30

    Copyright for 3D Scan

    Copyright for 3D Scan
    Sketchfab has published an article discussing copyright law as applied to 3D printing and scans. Public domain artworks and their replicas legally can be scanned and those scans shared based on a 1999 district court case involving…
  • Mar 28

    Munich Court Rejects Cousin’s Inheritance Claims to Gurlitt Collection

    Munich Court Rejects Cousin’s Inheritance Claims to Gurlitt Collection
    The trove of over 1,000 artworks, originally collected for a museum planned by Hitler, was discovered in a Munich apartment during a tax investigation in 2012. Cornelius Gurlitt, a reclusive art collector who died in May 2014, had willed the…
Rank this Week: 464

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/
  • Mar 30

    High Heeled Shoes: Low Level Legal Protection

    High Heeled Shoes: Low Level Legal Protection
    Dear Rich: I make and sell high heel shoes. What I do is decorate with spikes, studs, feathers, embellishments etc., and sell them. But my biggest sellers which I call my signature design is the peacock feather that I place in certain areas…
  • Mar 18

    Little Rascals/Affordable Care Fair Use Question

    Little Rascals/Affordable Care Fair Use Question
    Dear Rich: My original music video concerning the Affordable Care Act would illustrate the song's narrative with very short clips cut from online video: The Little Rascals from the 1950s, a major league pitcher 'doctoring' a baseball,…
  • Mar 16

    Should I Register My Domain Name as a Trademark?

    Should I Register My Domain Name as a Trademark?
    Dear Rich: In your book on trademarks there is a discussion of whether you should register "trademark.com" as a trademark if you've already registered "trademark." The example provided is a line of menswear that is now also going to be sold…
Rank this Week: 467

Copyhype

Copyhype

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

http://www.copyhype.com/
  • Mar 27

    Friday’s Endnotes – 03/27/15

    Friday’s Endnotes – 03/27/15
    Robert Kastenmeier, Liberal Voice in House for 32 Years, Dies at 91 — “But his central focus was intellectual property — copyright, patents and trademarks. He was the author of 48 laws in that area, 21 of them dealing with…
  • Mar 20

    Friday’s Endnotes – 03/20/15

    Friday’s Endnotes – 03/20/15
    How Digital Filmmaking Destroyed Screenwriting — “Cheap digital production closed the doors of distributors to low-budget projects, in a way that didn’t exist in the days of film. The internet devalued content to the…
  • Mar 16

    “Copyright law serves public ends by providing individuals with an incentive to pursue private ones”

    “Copyright law serves public ends by providing individuals with an incentive to pursue private ones”
    On March 9, a group of 31 advocacy groups and 13 academics sent a letter to members of the 114th Congress, “Supporting a Pro-Innovation, Pro-Creator, Pro-Consumer Copyright Agenda” (which was a response to a previous letter…
Rank this Week: 440

Blawg IT

Blawg IT

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

http://blawgit.com
  • Mar 17

    Brett Trout Named Iowa Academy of Trial Lawyers Fellow

    Brett Trout Named Iowa Academy of Trial Lawyers Fellow
    Des Moines patent attorney Brett J. Trout has just been named a Fellow of the Iowa Academy of Trial Lawyers. Membership in the Academy is by invitation only, upon sponsorship and recommendation from peers and judges, and unanimous approval by…
  • Mar 16

    Brett Trout to Speak at The Seventh Annual Creighton Law Review Symposium

    Brett Trout to Speak at The Seventh Annual Creighton Law Review Symposium
    The 2015 Seventh Annual Creighton Law Review Symposium addresses the theme of Ethics and Electronics: Navigating Legal Ethics and New Technology. The symposium will be held March 27, 2014, at Creighton University’s School of Law. Brett…
  • Dec 17

    Inventing to Nowhere

    Inventing to Nowhere
    The Frightening Irony The documentary Inventing to Nowhere boils a series of complex questions down into one: Why are we allowing companies that stifle innovation to dictate our country’s innovation strategy? The History The…
Rank this Week: 486

Patent Baristas

Patent Baristas

Offers bio/pharma patent news. By Stephen Jenei.

http://www.patentbaristas.com
  • Oct 28

    CEA Marketing Group Wants You To Tell the Senate to Stop Patent Troll

    CEA Marketing Group Wants You To Tell the Senate to Stop Patent Troll
    A marketing company is currently helping CEA and a coalition of other companies (and legislators!) in a project to raise awareness to fight “patent troll” issues and to petition the senate for Patent Legislation Reform.…
  • Oct 24

    What is Intellectual Property? A Student Guide and Definition.

    What is Intellectual Property? A Student Guide and Definition.
    Innovate Product Design has created this infographic on “What is Intellectual Property? A Student Guide and Definition.” The infographic is intended to help people and students understand the importance of intellectual property…
  • Oct 10

    Master a Rapidly Shifting Patent Law Landscape

    Master a Rapidly Shifting Patent Law Landscape
    The Chisum Patent Academy is pleased to accept registrations for our next Advanced Patent Law seminar, to be held March 5-6, 2015. The venue is the award-winning 21C Museum Hotel in easily accessible and inexpensive Cincinnati, Ohio. The…
Rank this Week: 491

Le blog du droit europeen des…

Le blog du droit europeen des brevets

Covers European patent law (in French).

http://europeanpatentcaselaw.blogspot.com/
  • Mar 29

    G2/12 et G2/13 : un produit obtenu par un procédé essentiellement biologique est brevetable

    G2/12 et G2/13 : un produit obtenu par un procédé essentiellement biologique est brevetable
    Dans ces affaires brocoli 2 et tomate 2, la Grande Chambre avait été saisie de question très proches, relatives à l'exclusion des procédés essentiellement biologiques d'obtention de…
  • Mar 25

    G3/14 : examen de la clarté en opposition

    G3/14 : examen de la clarté en opposition
    L'an dernier, la Grande Chambre avait été saisie de questions relatives à l'examen de la clarté en procédure d'opposition. La question était de savoir dans quelle mesure la clarté d'une…
  • Mar 24

    T338/10 : preuve de l'effet direct

    T338/10 : preuve de l'effet direct
    Le brevet avait pour objet "l'utilisation d'un premier allergène ou d'une molécule d'acide nucléique isolée comprenant au moins une séquence polynucléotidique codant pour ledit premier…
Rank this Week: 524

TechnoLlama

TechnoLlama

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

http://www.technollama.co.uk
  • Mar 28

    New top level domains and the great Internet gold rush

    New top level domains and the great Internet gold rush
    Last week we learned that singer Taylor Swift purchased the domain names TaylorSwift.porn and TaylorSwift.adult in a move designed to prevent others from buying them and misusing her name. She is not alone, already Microsoft bought…
  • Mar 21

    Living in a remixed world (TEDx talk)

    Living in a remixed world (TEDx talk)
    I like telling stories, and today I bring you a story in space and time, involving knitting, 3D printing, over-blown intellectual property claims, and sharks. I hope that it will all make sense. The story begins in 2008 during the reign of…
  • Mar 14

    Time to rethink a flat rate for online content? European court decides on levie

    Time to rethink a flat rate for online content? European court decides on levie
    The Court of Justice of the European Union has produced an interesting decision regarding copyright levies in the case of Copydan Båndkopi v Nokia Danmark (C‑463/12). Some European countries have established a copyright levy…
Rank this Week: 573

The Brewery Law Blog

The Brewery Law Blog

Covers licensing, permitting, advertising, labeling and distribution issues affecting the brewing industry. By Reiser Legal LLC.

http://brewerylaw.com
  • Mar 27

    Raging Bitch Lawsuit: Liquor Control Commissioners “In Heat” Over Flying Dog Label Rejection

    Raging Bitch Lawsuit: Liquor Control Commissioners “In Heat” Over Flying Dog Label Rejection
    Does the First Amendment extend to your brewery’s beer labels? You bet. Congratulations goes to Maryland’s Flying Dog Brewery for a big win this month. Unlike the brewery trademark disputes we’re used to seeing hit…
  • Mar 3

    Avoiding a Brewery Trademark Dispute: Here’s How.

    Avoiding a Brewery Trademark Dispute: Here’s How.
    The latest brewery trademark dispute has the same notes, just a different rhythm. This time the matter involves Austin, Texas-based brewery Oasis and the much larger New Belgium. I spoke with Ronnie Crocker at the Houston Chronicle, who wrote…
  • Feb 18

    The 2015 Beer Tax Bills: Insight and Coverage

    The 2015 Beer Tax Bills: Insight and Coverage
    I want to point you to excellent reporting by Chris Drosner (aka the Beer Baron) over at the Wisconsin State Journal on the potential impact of the two competing beer tax bills. Check out his article here. We covered the Beer…
Rank this Week: 503