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New York Trademark Attorney Blog

New York Trademark Attorney Blog

Covers intellectual property law. By Nikki Siesel, Esq. of the Law Offices Of Joseph C. Messina.

http://www.newyorktrademarkattorneyblog.com/
  • Aug 25

    How To Prevail On A Summary Judgment Motion At The TTAB

    How To Prevail On A Summary Judgment Motion At The TTAB
    In recent years, prevailing on summary judgment motions at the Trademark Trial and Appeal Board (hereinafter the “Board”) has become more difficult. However, if a petitioner believes that there are no material facts in dispute, a…
  • Aug 4

    Is The Mark VENEZIA-MILANO Primarily Geographically Deceptively Misdescriptive?

    Is The Mark VENEZIA-MILANO Primarily Geographically Deceptively Misdescriptive?
    In a recent July decision of the Trademark Trial and Appeal Board (“TTAB” or “Board”) a fashion company learned the hard way that registering a mark that has geographic significance can be an uphill battle. See In re…
  • Jul 21

    Evidence Of Third-Party Use and Third-Party Registration

    Evidence Of Third-Party Use and Third-Party Registration
    Trademark applicants must be cautious when relying too heavily on third–party uses. This is an area where an experienced trademark attorney will be able to guide a trademark applicant in the right direction. Do not make the mistake of…
Rank this Week: 3137

Copyfight

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/
  • Aug 25

    Makers, Fan Art, Making it Pay

    Makers, Fan Art, Making it Pay
    An interesting article went up this week on the Make zine blog: Mike Sense on the expanding partnership between Hasbro and Shapeways. Hasbro is, of course, the giant toy-making conglomerate and Shapeways is advertising itself as "fast and…
  • Aug 22

    IP Analogy to Physical Property (in Architecture)

    IP Analogy to Physical Property (in Architecture)
    An interesting note in a 7th Circuit case, M. Arthur Gensler, Jr. & Assocs., Inc. v. Strabala shows how judges are continuing to apply the standards of physical property to intellectual property. In this case a dispute arose over the…
  • Aug 16

    That Sound You Hear is the Anti-Neutrality Dam Breaking

    That Sound You Hear is the Anti-Neutrality Dam Breaking
    Here's what happens when you really put people behind an idea: First, they have a lot to say to their government, and in this case it appears to be 100% opposed to special cable-company privileges (fast lanes). 1.1 million comments;…
Rank this Week: 567

The High-touch Legal Services Blog

The High-touch Legal Services Blog

Provides information about the law for startup and early-stage companies. By Dana H. Shultz.

http://danashultz.com/blog
  • Aug 25

    Browsewrap Agreements Must Be Brought to Users’ Attention

    Browsewrap Agreements Must Be Brought to Users’ Attention
    In Online Terms can be Binding, even if You don’t have to Click!, I compared the enforceability of clickwrap and browsewrap agreements. This post discusses Nguyen v. Barnes & Noble, in which the U.S. Court of Appeals for the Ninth…
  • Jul 29

    A DBA is not a Legal Entity

    A DBA is not a Legal Entity
    This post is based on a question that I answered on Avvo. The question illustrates a common misunderstanding concerning DBAs. (DBA is an abbreviation for “doing business as” – i.e., a fictitious business name.) The…
  • Jul 15

    Can I Walk Away from My Suspended LLC?

    Can I Walk Away from My Suspended LLC?
    This post addresses a question that arises frequently from founders of California limited liability companies that have been suspended: Can I walk away from my suspended LLC? A suspended LLC is the result of a founder who has neglected to…
Rank this Week: 1672

Filewrapper.com

Filewrapper.com

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

http://www.filewrapper.com/
Rank this Week: 1707

Indiana Intellectual Property &…

Indiana Intellectual Property & Technology Blog

Covers intellectual property & technology law, news and events, particularly focusing on stories that directly affect Indiana. By Kenan Farrell.

http://indianaintellectualproperty.com/
Rank this Week: 639

BlogIP - Galvani Legal's Blo

BlogIP - Galvani Legal's Blo

Covers intellectual property law.

http://www.galvanilegal.com/blog
  • Aug 25

    Patent Office Announces First Bi-Coastal Biotechnology, Chemical and Pharmaceutical Partnership Meeting

    Patent Office Announces First Bi-Coastal Biotechnology, Chemical and Pharmaceutical Partnership Meeting
    Are you excited yet?  The Patent Office announced last week that it will hold its first bi-coastal partnership meeting in the areas of biotech, chemical, and pharma practice. The official announcement reads: This inaugural BCBCP expands…
  • Aug 15

    Patent Derivation Proceedings FAQ

    Patent Derivation Proceedings FAQ
    A derivation proceeding is a proceeding to determine who the proper inventor of an invention actually is. Continue reading →
  • Aug 11

    Arizona State Library Patent Presentation

    Arizona State Library Patent Presentation
    It is a bit late notice, but tomorrow I will be speaking at the Arizona State Library at noon.  The topic will be patent basics, and the audience will be entrepreneurs, business service providers, and librarians.  More information…
Rank this Week: 3607

IP Notiz

IP Notiz

Covers intellectual property law rights in Germany.

http://www.ip-notiz.de
  • Aug 25

    IP|Job: Referendariat in Berlin

    IP|Job: Referendariat in Berlin
    Wir suchen Referendare für unsere Berliner Dependance. Gute Mandate und praxisnaher Einblick in die Arbeit einer IP-Boutique werden gewährleistet. Eine Vorbildung im grünen Bereich ist – neben guten Noten und…
  • Aug 25

    KG Berlin zur Anwendbarkeit der §§ 193 BGB, 222 ZPO im Eilverfahren

    KG Berlin zur Anwendbarkeit der §§ 193 BGB, 222 ZPO im Eilverfahren
    Das LG Berlin nimmt bekanntlich an, dass im Eilverfahren ein zweimonatiges Zuwarten nicht dringlichkeitsschädlich ist. Im vorliegenden Fall war der letzte Tag dieser zwei-Monats-”Frist” ein Sonntag. Die Antragstellerin stellt…
  • Aug 25

    IP|Rezension: Alexander Vögele, Geistiges Eigentum – Intellectual Property

    IP|Rezension: Alexander Vögele, Geistiges Eigentum – Intellectual Property
    Iudex non calculat. Der IP-Rechtler hat zwar alle Hände voll mit geistigem “Eigentum” zu tun. Bei den Zahlen hört es aber schnell auf. Besteuerung oder Bilanzierung von Patenten, Steuerstrategien für IP-Holdings…
Rank this Week: 581

TeleFrieden

TeleFrieden

Covers legal, regulatory, marketplace and cultural issues affecting the information, communications and entertainment industries. By Rob Frieden.

http://telefrieden.blogspot.com/
  • Aug 25

    2.5 Blunders in an Otherwise Flawless Comcast Charm Offensive

    2.5 Blunders in an Otherwise Flawless Comcast Charm Offensive
           Comcast has executed a near perfect strategy to convince the Justice Department, FCC and public that the merger with Time Warner has great benefits.  The game plan shows mostly great finesse,…
  • Jun 26

    Impact of the Aereo Supreme Court Decision on Broadcasters, Cloud Content Storage

    Impact of the Aereo Supreme Court Decision on Broadcasters, Cloud Content Storage
                   Broadcast stocks rose as much as double digits on the day the Supreme Court released its Aereodecision.  The decision underscores the value in…
  • Jun 25

    Summary of the Supreme Court Aereo Decision

    Summary of the Supreme Court Aereo Decision
                The Supreme Court has ruled that the Aereo operates much like a cable television service whose retransmission of copyrighted material constitutes a public performance…
Rank this Week: 2444

Florida IP

Florida IP

Covers intellectual property developments. By Woodrow Pollack.

http://floridaip.blogspot.com/
  • Aug 25

    Where To Litigate "Disposable Living-Grass Pet Toilets?"

    Where To Litigate "Disposable Living-Grass Pet Toilets?"
    Fresh Patch, LLC owns U.S. Patent 8,522,719 directed to a pet toilet continuous delivery and replacement method.  Fresh Patch ("Real Dogs Use REAL Grass") offers a subscription service where they send you a patch of grass each week for…
  • Aug 18

    Different Standards For Deciding Whether To Stay?

    Different Standards For Deciding Whether To Stay?
    You may recall that Judge Covington denied a defendant's request to stay litigation, rejecting that defendant's argument that it was merely a "peripheral" defendant since it had only bought the accused product from another defendant.…
  • Aug 6

    Who Do You Sue For Copyright Infringement, Father or Son?

    Who Do You Sue For Copyright Infringement, Father or Son?
    When last we checked in with Malibu Media (owner of a library of adult films and associated copyrights), Malibu had filed suit against John Doe and then used the Court's subpoena power to take an IP address which identified an alleged…
Rank this Week: 1606

Awapatent IP blog

Awapatent IP blog

Covers intellectual property news.

http://www.awapatentipblog.com/
  • Aug 25

    New Trademark Act in force in China since 1 May 2014

    New Trademark Act in force in China since 1 May 2014
    The intention of this new Act is inter alia to go after trademark infringers and strengthen the position and ensure a fair market for trademark holders. This blog will mainly focus on some of the changes in the application procedure. Some of…
  • Aug 3

    An unknown exception error at the EPO

    An unknown exception error at the EPO
    We recently blogged about how the EPO has introduced the concept of small entities for obtaining fee reductions in procedures before the EPO. The new procedure can create a peculiar error that at least I did not foresee. The EPO Form 1001E…
  • Jul 27

    Blog entry #2 on new Rule 6 EPC

    Blog entry #2 on new Rule 6 EPC
    Will some applications be left with no Rule 6 EPC applicable following its amendment? Following my previous blog entry on the amended Rule 6 EPC, I have been made aware of a curiosity in the transitional provisions of the new Rule 6 EPC.…
Rank this Week: 2246

Personalized Medicine Bulletin

Personalized Medicine Bulletin

Covers legal, business and regulatory developments in the personalized medical industry. By Foley & Lardner LLP.

http://www.personalizedmedicinebulletin.com
  • Aug 24

    Will the USPTO Respond to Public Feedback of Its Eligibility Guidance?

    Will the USPTO Respond to Public Feedback of Its Eligibility Guidance?
    Periodically, the USPTO holds open meetings with the public to discuss its thinking on current topics relating to the patent procurement process. Late last week, the Biotechnology, Chemical and Pharmaceutical Customer Partnership of the…
  • Aug 20

    Yamanaka iPSC Patent Challenged

    Yamanaka iPSC Patent Challenged
    Dr. Shinya Yamanaka of Kyoto University shared the 2012 Nobel Prize in Physiology or Medicine with Dr. John B. Gurdon for their respective discoveries that mature, specialized cells can be reprogrammed to become immature cells capable of…
  • Aug 6

    Managing IP Risk in the Age of Personalized Medicine

    Managing IP Risk in the Age of Personalized Medicine
    As discussed on Foley’s  Health Care Law Today blog, personalized medicine treatment trends and innovations are leading diagnostic and therapeutic companies to form complex arrangements and partnerships with the ultimate goal of…
Rank this Week: 2343

ipwars.com

ipwars.com

Covers intellectual property (IP) issues Down Under. By Warwick Rothnie.

http://ipwars.com
  • Aug 24

    auDRP Overview

    auDRP Overview
    Prof Andrew Christie is launching the auDRP Overview, an analysis of decisions under the auDRP on Wednesday 27 August 2014 at 9:15am.
  • Aug 21

    Five Judges speak with one voice on Australian Patent Law Construction and Fair Basis*

    Five Judges speak with one voice on Australian Patent Law Construction and Fair Basis*
    The Rosuvastatin case is that rare beast - a decision of a 5 member Full Bench of the Federal Court. It canvases many issues and, no doubt, we shall be picking over it for years to come. Susan Gatford, at the Victorian Bar, has kindly…
  • Aug 12

    Additional damages are procedural …

    Additional damages are procedural …
    Perram J has ruled that additional damages can be awarded for conduct occurring before the statutory power was inserted in the Trade Marks Act.
Rank this Week: 1871

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: 1663

Registro de Marcas

Registro de Marcas

Discusses trademarks and copyrights in Mexico.

http://www.registrodemarcas.co/
  • Aug 22

    Cambio en el sistema de oposiciones, marcas ofensivas y un mono.

    Cambio en el sistema de oposiciones, marcas ofensivas y un mono.
    Autor: Lic. Rafael Giménez Camacho El rumor es verdad: El IMPI cambiará sistema de oposiciones.  Después de la adhesión de México al Protocolo de Madrid se rumoraba que el IMPI cambiaría…
  • Aug 11

    Nuevas disposiciones para importaciones paralela

    Nuevas disposiciones para importaciones paralela
    Autor: Lic. Rafael Giménez Camacho La importación paralela es el supuesto que se presenta cuando un importador sin licencia de uso de marca o sin autorización del fabricante ingresa al país mercancía…
  • Jul 15

    Re: Amor por Mexicana

    Re: Amor por Mexicana
     Autor: Lic. Rafael Giménez Camacho En días pasados el autor de la columna Capitanes del periódico Reforma refirió que varias personas tenían la intención de sacar provecho de la marca Mexicana…
Rank this Week: 3045

In Re Bilski Blog

In Re Bilski Blog

Covers the Supreme Court's review of In re Bilski. By Fenwick & West.

http://www.bilskiblog.com/blog/
  • Aug 22

    USPTO and "Telegate"

    USPTO and "Telegate"
    By now, we've all heard of the controversy regarding the lax oversight at the USPTO of examiners in the Office's Telework Program--what I'll unofficially dub as "Telegate." Now, the House Oversight and Government Reform Committee…
  • Aug 13

    What Does Alice Mean to the Software Entrepreneur?

    What Does Alice Mean to the Software Entrepreneur?
    Here is the first of two videos we're releasing discussing the impact of Alice on software startups.
  • Jul 18

    Where are You, Congress? Alice v. CLS Bank and “The Case Against Patents”

    Where are You, Congress? Alice v. CLS Bank and “The Case Against Patents”
    By: Stuart P. Meyer A recent episode of NPR’s “Planet Money” was entitled “The Case Against Patents.” Several notable commentators in that episode questioned whether patents help or hinder innovation, whether history supports the…
Rank this Week: 4773

Blawg IT

Blawg IT

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

http://blawgit.com
  • Aug 22

    Who Owns the Copyright on a Photograph Taken by a Monkey?

    Who Owns the Copyright on a Photograph Taken by a Monkey?
    The Case of the Monkey Photographer Back in 2011, photographer David Slater found himself in a national park in North Sulawesi, Indonesia, taking pictures of critically endangered crested black macaque monkeys. After taking some pictures of…
  • Dec 9

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

    Brett Trout Designated Des Moines Patent Law “Lawyer of the Year”
    Five Years Running For the fifth year in a row, Brett J. Trout has been selected by his peers for inclusion in the annual edition of The Best Lawyers in America®. For 2014, Mr. Trout has been selected for inclusion in the area of Patent…
  • Jun 10

    The Right of Publicity

    The Right of Publicity
    Hey, That’s Me! You spend months working on your cosplay outfit, and it turns out perfect. You are the hit of the con, with everyone taking your picture. Then, all of a sudden, you see you and your outfit on all kinds of merchandise,…
Rank this Week: 494

IP & Regulatory Law Blog

IP & Regulatory Law Blog

Discusses current regulatory and intellectual property issues. By Scott Bialecki.

http://ipreglaw.foxrothschild.com/
  • Aug 22

    COPYRIGHT OFFICE DOES NOT MONKEY AROUND

    COPYRIGHT OFFICE DOES NOT MONKEY AROUND
    Selfies (self-portrait photographs) appear daily on the Internet. However, you don’t often see them taken by a monkey. There has been a lot of recent press about the ownership rights associated with a macaque monkey’s…
  • Jul 28

    AAA TRAP: WHAT RULES APPLY?

    AAA TRAP: WHAT RULES APPLY?
    It’s not uncommon for companies to use an arbitration provision in their contracts to resolve disputes as an attempt to control costs. Many cite to the pending rules of the American Arbitration Association or AAA. Depending on whether…
  • Jun 24

    WHAT WILL BE THE STANDARD FOR DIRECT INFRINGEMENT FOR METHOD CLAIMS?

    WHAT WILL BE THE STANDARD FOR DIRECT INFRINGEMENT FOR METHOD CLAIMS?
    Much has been written about the Supreme Court’s recent Akamai decision.  However, a more interesting topic is whether the Federal Circuit will revisit its standard for direct infringement of a method claim. In Muniauction, the…
Rank this Week: 4452

Business Law Post

Business Law Post

Covers corporate law, securities law, intellectual property, and social entrepreneurship. By Arina Shulga.

http://www.businesslawpost.com
  • Aug 22

    New Seed Financing Documents (500 Startups and Y Combinator)

    New Seed Financing Documents (500 Startups and Y Combinator)
    The startup industry keeps on coming up with new innovative solutions to seed financing.  The latest trend is convertible equity.  Two startup venture funds and incubators, 500 Startups and Y Combinator, recently released their…
  • Aug 22

    Unregistered IPOs of Bitcoin Companies Do Not Go Unnoticed By the SEC

    Unregistered IPOs of Bitcoin Companies Do Not Go Unnoticed By the SEC
    As I previously discussed in my blog here, the SEC does not have a mandate to regulate Bitcoin. Not unless it is used in a securities offering, especially in an unregistered initial public offering conducted over the Internet in violation of…
  • Aug 6

    Crowdfunding Right Now (Fund Model, Broker-Dealer Model, Lending Platforms and Intrastate Offerings)

    Crowdfunding Right Now (Fund Model, Broker-Dealer Model, Lending Platforms and Intrastate Offerings)
    We are still waiting for the SEC to issue final rules with respect to the Title III crowdfunding that will allow the U.S. companies to issue up to $1 million in securities to non-accredited investors through the online funding portals. So,…
Rank this Week: 2626

Seattle Copyright Watch

Seattle Copyright Watch

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

http://www.seattlecopyrightwatch.com/
  • Aug 22

    Barnes & Noble Browsewrap Terms of Use Get Torched

    Barnes & Noble Browsewrap Terms of Use Get Torched
    Barnes & Noble, a bookseller with both an online presence and brick and mortar stores, tried to unload discontinued Hewlett-Packard Touchpad tablet computers through its website.  Barnes & Noble underestimated the demand,…
  • Aug 14

    Alleged Infringing Downloaders Call Out Movie Owner's Infringing Activitie

    Alleged Infringing Downloaders Call Out Movie Owner's Infringing Activitie
    Riding Films, Inc. claims to own a copyright in the movie “Dawn Ride.”  Riding Films sued unnamed “John Doe” defendants in at least fifteen separate lawsuits throughout the country, alleging that the John Doe…
  • Aug 8

    License for Entire Term of Helga Hat Copyright Enforceable, For Now

    License for Entire Term of Helga Hat Copyright Enforceable, For Now
    This case involves the enforceability of a settlement agreement in a copyright infringement lawsuit.  David John registered a copyright for a Viking hat, aka a Helga hat.  MainGate, Inc. sold Minnesota Vikings wear, including…
Rank this Week: 1382

Creative Law Network Blog

Creative Law Network Blog

Discusses entertainment and music law, trademark, copyrights, and intellectual property cases.

http://creativelawnetwork.com/updates/
  • Aug 22

    Top 5 Instances When A Musician Should Hire a Music Lawyer

    Top 5 Instances When A Musician Should Hire a Music Lawyer
    If you're new here, you may want to subscribe to our RSS feed. Thanks for visiting!Musicians have the unique opportunity to make a career creating great songs but those songs – and the musicians themselves – need to be protected…
  • Aug 20

    What is Copyright Protection All About?

    What is Copyright Protection All About?
    If you're new here, you may want to subscribe to our RSS feed. Thanks for visiting!These days, with such easy access to everything on the Internet—from movies to books to pictures—many people assume that creative works are free to…
  • Jul 8

    Hiring an Entertainment Attorney – Some Insider Tip

    Hiring an Entertainment Attorney – Some Insider Tip
    If you're new here, you may want to subscribe to our RSS feed. Thanks for visiting!If you find yourself needing an entertainment attorney to represent your creative business, these tips will come in handy. Finding the right lawyer and law…
Rank this Week: 4492

LegalTXTS

LegalTXTS

Covers law and technology, with an emphasis on legal issues regarding digital media, privacy and data security, and information management. By Elijah Yip.

http://www.legaltxts.com/
  • Aug 21

    Employee’s Snarky Facebook Post Lands Employer in Trouble Under the ADA

    Employee’s Snarky Facebook Post Lands Employer in Trouble Under the ADA
    In the last few years, we’ve seen how the private social media activity of employees can get employers in trouble for violating a variety of laws. The National Labor Relations Act. HIPAA. Title VII. Now you can add the Americans With…
  • May 19

    Section 230 of the CDA: An Employer’s New Friend?

    Section 230 of the CDA: An Employer’s New Friend?
    Employees can get carried away on social media. US Airways learned this the hard way when its employee responded to a customer complaint on Twitter with an obscene picture of a woman and a toy jet. An apology and deletion of the tweet…
  • May 8

    Oh Snap! Lessons From the Snapchat Settlement With the FTC

    Oh Snap! Lessons From the Snapchat Settlement With the FTC
    The Federal Trade Commission (FTC) just announced that Snapchat agreed to settle charges that it deceived consumers about how its popular mobile message app worked and what personal data it collected from users. (Read the FTC’s press…
Rank this Week: 2572

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/
  • Aug 21

    PTAB interpretations of "integral" in various mechanical application

    PTAB interpretations of "integral" in various mechanical application
    Today's post will take a look at how the Board has interpreted the claim term "integral", and variations thereof, in a few different mechanical applications. In these decisions, the Board has read "integral" to be broader than unitary…
  • Jul 28

    PTAB assume any verb phrase using "to" signals intended use

    PTAB assume any verb phrase using "to" signals intended use
    Takeaway:Sometimes Examiners ignore claim language – give it no patentable weight – by characterizing a phrase as "intended use." However, not every verb phrase using "to" signals intended use. In many types of claims –…
  • Jul 25

    PTAB assume any verb phrase using "to" signals ntended use

    PTAB assume any verb phrase using "to" signals ntended use
    Takeaway:Sometimes Examiners ignore claim language – give it no patentable weight – by characterizing a phrase as "intended use." However, not every verb phrase using "to" signals intended use. In many types of claims –…
Rank this Week: 951

The Business of Patents

The Business of Patents

Looks at patent law in a client-centered way and explains how the patent law should inform strategic decision making. By Hansen IP Law PLLC.

http://hanseniplaw.com/blog/
Rank this Week: 4635

Schneider Rothman IP Law Group…

Schneider Rothman IP Law Group Blog

Covers intellectual property law.

http://www.sriplaw.com/blog/
  • Aug 20

    Why we sued Getty Image

    Why we sued Getty Image
    On August 20, 2014, our firm filed a lawsuit on our own behalf against Getty Images, Inc.  Why did we do it?  Here is why. On July 1, 2014, our firm received an unsigned letter from Getty Images Inc. that claimed unauthorized…
  • Jun 22

    Supreme Court confirms validity of software patent

    Supreme Court confirms validity of software patent
    The Supreme Court’s decision invalidating a software patent for a process that lessens settlement risk for trades of financial instruments in Alice Corp. Pty. Ltd. v. CLS Bank Int’l might not jump out as a win for software…
  • May 25

    Copyright Protection for Architecture: Do Photographs Infringe?

    Copyright Protection for Architecture: Do Photographs Infringe?
    It is well understood that architectural plans are protected by copyright.  But what about architectural works “as built?”  Does the architect who retains ownership in his or her work have the right to stop others from…
Rank this Week: 4367

Fair Competition Law Blog

Fair Competition Law Blog

Covers trade secrets, noncompetes, privacy and security, the Computer Fraud and Abuse Act, trademarks, copyrights, and business torts. By Russell Beck.

http://faircompetitionlaw.com
  • Aug 20

    “I’m not dead yet,” says Massachusetts Noncompete and UTSA Reform

    “I’m not dead yet,” says Massachusetts Noncompete and UTSA Reform
    In a surprising turn of events last week, Massachusetts Governor Deval Patrick announced that he was reintroducing legislation to modify Masschusetts noncompete law and to adopt a version of the Uniform Trade Secrets Act. The noncompete bill…
  • Jul 31

    Massachusetts Noncompete and UTSA Bills Are Dead

    Massachusetts Noncompete and UTSA Bills Are Dead
    While it was close this year, in the end, there was no legislative reform of either Massachusetts noncompete law or Massachusetts trade secrets law. I expect, however, that Senator Will Brownsberger and Representative…
  • Jul 3

    Update on Massachusetts Noncompete and Trade Secrets Bill

    Update on Massachusetts Noncompete and Trade Secrets Bill
    Progress in the Massachusetts State House: On Tuesday, July 1, the latest version of the Massachusetts Noncompete Bill (the latest version of the bill that I had drafted for Senator Will Brownsberger and Representative Lori…
Rank this Week: 1759

Creative Arts Advocate

Creative Arts Advocate

Covers intellectual property, entrepreneurship, technology, social media, fashion and entertainment

http://creativeartsadvocate.com/
  • Aug 20

    Artists Should Always Add Metadata to Their Work

    Artists Should Always Add Metadata to Their Work
    Recent UK legislation is causing concern for authors, musicians and photographers who publish and sell their work online.  Similar to the Orphan Works Bill 2008 in the US, the Enterprise […]
  • Aug 13

    Video Games & The Case for Limiting the Breadth of Privacy Law

    Video Games & The Case for Limiting the Breadth of Privacy Law
    The world of IP law got another taste of Hollywood recently when Lindsay Lohan filed suit against Rockstar Games and its parent company, Take 2 Interactive, for allegedly infringing on […]
  • Aug 5

    Sports Teams Should Rethink the Validity of Their Trademark

    Sports Teams Should Rethink the Validity of Their Trademark
    The word “Redskin”: its use has been controversial for decades, and its meaning has been offensive for centuries. Yet, one of the most well-known NFL teams has trademarked the term, […]
Rank this Week: 3417

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/
  • Aug 20

    Jotwell 2014 Summer Break

    Jotwell 2014 Summer Break
    Jotwell is taking a short summer break. Posting will resume on Tuesday, September 2. However, even while we’re on break, we’ll be accepting submissions, editing them, updating the site’s theme, and of course getting ready…
  • Aug 19

    What We Talk About When We Talk About Crime

    What We Talk About When We Talk About Crime
    John S. Stinneford, Punishment Without Culpability, 102 J. Crim. L. & Criminology 653 (2012).Angela HarrisJohn Stinneford begins his article by asking the reader to imagine herself a UPS delivery truck driver in Tampa, Florida. He…
  • Aug 18

    What if you woke up one day in a place where there was no Courts Law?: The Impact of Teaching Procedure on the Legal Academy

    What if you woke up one day in a place where there was no Courts Law?: The Impact of Teaching Procedure on the Legal Academy
    Elizabeth G. Thornburg, Erik S. Knutsen, Carla Crifò, Camille Cameron, & David Bamford, A Community of Procedure Scholars: Teaching Procedure and the Legal Academy, 51 Osgoode Hall L.J. 93 (2013), available at SSRN.Janet WalkerIn…
Rank this Week: 436

Patent Law Practice Center

Patent Law Practice Center

Features news, analysis and resources on patent law. From the Practicing Law Institute (PLI).

http://patentlawcenter.pli.edu
  • Aug 19

    Federal Circuit Affirms Inequitable Conduct Against Apotex

    Federal Circuit Affirms Inequitable Conduct Against Apotex
    Apotex Inc. and Apotex Corp. (collectively, “Apotex”) appealed the decision of the United States District Court for the Southern District of Florida finding that Apotex’s U.S. Patent No. 6,767,556 (“the…
  • Aug 14

    CAFC Reverses Summary Judgment for Lack of Adequate Written Description

    CAFC Reverses Summary Judgment for Lack of Adequate Written Description
    In ScriptPro, LLC v. Innovation Associates, the Federal Circuit recently addressed the sufficiency of a disclosure vis-a-vis the patent claims issued. The dispute arose when ScriptPro, LLC and ScriptPro USA, Inc. (collectively,…
  • Aug 13

    Head-Mounted Wearable Tech

    Head-Mounted Wearable Tech
    The field of wearable technology became somewhat “sexy” with the much-anticipated release of Google Glass, a lightweight pair of glasses that incorporates computer elements, sensors and other…
Rank this Week: 648

Wisconsin Probate & Estate…

Wisconsin Probate & Estate Planning Blog

Covers estate planning, trusts and wills. By Krause Donovan Estate Law Partners, LLC

http://www.madisontrustlaw.com/
  • Aug 18

    Carrying on a Family Tradition: Passing the Family Farm to Future Generation

    Carrying on a Family Tradition: Passing the Family Farm to Future Generation
    Attendees at a farm show in neighboring Minnesota heard important information about the special types of estate planning available for farmers to facilitate transferring family farms to future generations in the most advantageous way…
  • Aug 1

    Estate Planning for Your College-Bound Child

    Estate Planning for Your College-Bound Child
    August means “back to school” time for many families. That often translates to a lot of shopping, whether it’s new clothes, new books or new computers, especially if your child is preparing to go away to college. For those…
  • Jul 21

    Another Plus About Trusts: Federal Court Ruling Green-lights Trust’s Tax Deduction Claim

    Another Plus About Trusts: Federal Court Ruling Green-lights Trust’s Tax Deduction Claim
    A federal tax court’s ruling in favor a trust on certain deductions that the trust claimed on its federal income tax returns highlights a potential added bonus to the use of trust planning, as the court decided that a trust could engage…
Rank this Week: 4079

Entertainment Attorney Blog

Entertainment Attorney Blog

Covers entertainment and intellectual property law. By Mark A. Baker Law, LLC.

http://www.entertainmentattorneyblog.com/
  • Aug 17

    Hey! Restaurateurs and Club Owners: Pay Your Licensing Fees to ASCAP and BMI!

    Hey! Restaurateurs and Club Owners: Pay Your Licensing Fees to ASCAP and BMI!
    Every time a restaurant, nightclub or other performance venue permits performance of a song (such as by radio (with certain exceptions), CD or live performance), the venue owes to the rights holder of the song a royalty for playing that song.…
  • Aug 11

    Book Review: “Reckless Disregard,” by Robert Rotstein

    Book Review: “Reckless Disregard,” by Robert Rotstein
    Abduction!, the world’s hottest online game from the world’s hottest online game developer, the anonymous shadow figure known to the world only as Poniard (think, an online Banksy), accuses real-life media mogul, William Bishop,…
  • Aug 10

    Book Review: “Skin In the Game,” by R.P. Finch

    Book Review: “Skin In the Game,” by R.P. Finch
    The legal thriller genre owes its current popularity to the ever-prolific John Grisham. But Grisham has overstayed his welcome and now seems to write from rote. Welcome debut novelist R. P. Finch, who – like Grisham and Scott Turrow…
Rank this Week: 3713

QuestionCopyright.org

QuestionCopyright.org

Covers copyright and freedom-based distribution methods for artists.

http://questioncopyright.org/
  • Aug 16

    Explaining to STM That There Are Not 100 Kinds of "Open".

    Explaining to STM That There Are Not 100 Kinds of "Open".
    Question Copyright recently signed on to an open letter to the International Association of Scientific, Technical and Medical Publishers (STM), calling on them to withdraw the counterproductive model licenses they have been promoting for use…
  • May 11

    The Struggling Artist: Setting a Historical Baseline

    The Struggling Artist: Setting a Historical Baseline
    There's an interesting discussion going on over at Crooked Timber in response to a an article by Henry Farrell about Astra Taylor's book The People’s Platform. But our post here is just about one great comment from that…
  • Apr 29

    Copyright "restrictions": Farhad Manjoo of the NYT uses accurate language.

    Copyright "restrictions": Farhad Manjoo of the NYT uses accurate language.
    At QCO we make a point of calling things by their right names, and of encouraging others to do so.  For example, we always talk about "copyright restrictions", instead of using the pro-monopoly propaganda word "copyright…
Rank this Week: 992

Oregon Intellectual Property Law

Oregon Intellectual Property Law

Covers on intellectual property law, news and events, particularly focusing on stories that directly affect Oregon. By Kenan L. Farrell.

http://oregonintellectualproperty.com/
Rank this Week: 561

Inventive Step

Inventive Step

Discusses patent law issues and strategies.

http://inventivestep.net
  • Aug 15

    Searching for Prior Art

    Searching for Prior Art
    A question that is often asked by new inventors is:  should I do a prior art search before filing a patent application?  The answer, as in most areas of law and life in general, is that it depends. For individual inventors and…
  • Jul 30

    Federal Circuit Allows PTO to Overrule Court Decision Again

    Federal Circuit Allows PTO to Overrule Court Decision Again
    The Federal Circuit has again permitted the PTO to overrule a decision by a district court, affirmed on appeal by the Federal Circuit.  As in Fresenius USA, Inc. v. Baxter Int’l, Inc., Judge O’Malley has issued a…
  • Jul 24

    Protecting Inventions Outside the US

    Protecting Inventions Outside the US
    A patent permits its owner to exclude others from making, using, selling, offering for sale, or importing the patented invention without his permission.  A patent is, however, unique to the country where it is granted.  Thus, if a…
Rank this Week: 1966

IP Spotlight

IP Spotlight

Offers news and information from the intersection of intellectual property and business law. By Jim Singer.

http://ipspotlight.com
  • Aug 15

    If a patent can’t cover an “abstract idea,” can it be a trade secret?

    If a patent can’t cover an “abstract idea,” can it be a trade secret?
    Should I patent my invention or keep it a trade secret?  Inventors often ask me this question.  And after a recent court decision and USPTO actions that raise the bar for patenting software inventions, the question is becoming…
  • Jul 22

    What cloud computing services need to know about the Aereo decision

    What cloud computing services need to know about the Aereo decision
    In June. the United States Supreme Court issued its much-anticipated decision in American Broadcasting Cos. v. Aereo, Inc. The decision effectively shut down the Aereo service, at least temporarily as it explores fundamental changes…
  • Jul 18

    Upcoming 3 Rivers Venture Fair provides opportunity to connect emerging companies with investor

    Upcoming 3 Rivers Venture Fair provides opportunity to connect emerging companies with investor
    This year’s 3 Rivers Venture Fair is scheduled for October 7 and 8, 2014 at PNC Park in Pittsburgh, PA.  The 3RVF connects investors, entrepreneurs, business leaders and service providers who are interested…
Rank this Week: 1096

IP Law Chat

IP Law Chat

Covers IP, technology and media news. By Stacia Lay of Hendricks & Lewis PLLC.

http://iplaw.hllaw.com/
Rank this Week: 3191

Lightbulb Blog by Dilanchian

Lightbulb Blog by Dilanchian

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

http://www.dilanchian.com.au
  • Aug 14

    Q&A on why we love coming to work

    Q&A on why we love coming to work
    For its Smalltalk newsletter the Law Society of New South Wales this month asked Noric Dilanchian eight questions. Answering them involved introspection, and an opportunity to profile why we collectively love working for clients in our…
  • Jul 9

    Tax and valuation of crowdfunding initiative

    Tax and valuation of crowdfunding initiative
    Backgrounder, guide and checklist for crowdfunding from an Australian perspective. It ends with a list of 14 crowdfunding sites worldwide. Our related articles are Australian crowdfunding law, current and proposed and Start-up funding…
  • Jun 29

    Start-up intellectual property survival guide

    Start-up intellectual property survival guide
    Start-ups often find themselves in a David vs Goliath situation after an initial taste of success. Corporate giants often seize every opportunity to maximise and secure their competitive advantage and market monopoly or power. The years of…
Rank this Week: 546

Scholarly Communications @ Duke

Scholarly Communications @ Duke

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

http://blogs.library.duke.edu/scholcomm/
  • Aug 13

    Who owns that journal? — an update

    Who owns that journal? — an update
    Earlier this year I wrote about a lawsuit involving the Duke University Press and their dispute with the Social Science History Association over who would control the journal Social Science History. A decision from the trial court in North…
  • Aug 10

    About that simian selfie

    About that simian selfie
    By now, most people know about the macaque monkeys that took pictures of themselves in the Indonesian jungle, and the controversy over who, if anyone, owns a copyright in the resulting pictures.  The events actually took place several…
  • Aug 7

    Signing My Rights Away (a guest post by Jennifer Ahern-Dodson)

    Signing My Rights Away (a guest post by Jennifer Ahern-Dodson)
    NOTE — Authorship can be a tricky thing, impacted by contractual agreements and even by shifting media.  In this guest post by Jennifer Ahern-Dodson of Duke’s Thompson Writing Program we get an additional perspective on the…
Rank this Week: 598

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/
  • Aug 12

    When is Enough Really Enough? The Importance of Experts in Music Copyright Infringement Action

    When is Enough Really Enough? The Importance of Experts in Music Copyright Infringement Action
    On June 17, 2014, a federal judge in Illinois granted summary judgment to Stefani Joanne Germanotta against plaintiff, Rebecca Francescatti, in a copyright infringement matter because he found that no reasonable trier of fact could find that…
  • Jul 25

    Federal Regulatory Authority and Power of the Press Release

    Federal Regulatory Authority and Power of the Press Release
    Among the unstated powers of the federal (and sometimes state) government that few litigation targets think about is the power of the press release. Prosecutors, whether at the agency level or above (for example, at the state Attorney…
  • Jul 18

    The Duke and Duke Duke It Out In Trademark Rowe

    The Duke and Duke Duke It Out In Trademark Rowe
    Clearly there is no love lost between John Wayne Enterprises, LLC (“JWE”), the entity owned by John Wayne’s heirs which controls the intellectual property related to of John Wayne, and Duke University.   Both have…
Rank this Week: 596

IP Asset Maximizer Blog

IP Asset Maximizer Blog

Covers IP business strategies. By Jackie Hutter.

http://ipassetmaximizerblog.com/
  • Aug 12

    Strategic Patenting 4: A Case Study of Succe

    Strategic Patenting 4: A Case Study of Succe
    The Takeaway:  In the 4th post in this Strategic Patenting Series, a case study is presented of a company that created durable market-making patent protection for a successful consumer product innovation using a disciplined patenting…
  • Jul 17

    Strategic Patenting Part 3: Why (Almost) Every Innovator Fails to Maximize Patent Value

    Strategic Patenting Part 3: Why (Almost) Every Innovator Fails to Maximize Patent Value
    The Take Away:  Those seeking to generate market-making patent coverage for new innovations must recognize that patent coverage should focus not on how the problem is solved but instead on the benefits provided to the customer.…
  • Jul 17

    Strategic Patenting 3: Why (Almost) Every Innovator Fails to Maximize Patent Value

    Strategic Patenting 3: Why (Almost) Every Innovator Fails to Maximize Patent Value
    The Take Away:  Those seeking to generate market-making patent coverage for new innovations must recognize that patent coverage should focus not on how the problem is solved but what the benefits are provided to the customer.  Most…
Rank this Week: 2540

Orange Book Blog

Orange Book Blog

Covers patent and FDA law, including authorized generics, biogenerics, Hatch-Waxman litigation and Orange Book patent listing/delisting. By Aaron F. Barkoff.

http://www.orangebookblog.com/
  • Aug 10

    Federal Circuit Revives Mutual's Antitrust Counterclaims Arising From Temazepam ANDA Litigation

    Federal Circuit Revives Mutual's Antitrust Counterclaims Arising From Temazepam ANDA Litigation
    Tyco Healthcare Group et al. v. Mutual Pharm. et al., No. 2013-1386 (Fed. Cir.) by Aaron F. Barkoff In 2006, Mutual filed an ANDA for a generic version of Restoril (temazepam), including a paragraph IV certification to Tyco's U.S. Patent...
  • Jul 10

    ACI "Women Leaders in Life Sciences Law" Conference, Boston, MA, July 28-29

    ACI "Women Leaders in Life Sciences Law" Conference, Boston, MA, July 28-29
    We are proud that McAndrews Shareholder Nabeela Rasheed will be one of the featured speakers at American Conference Institute's inaugural "Women Leaders in Life Sciences Law" conference in Boston, July 28-29. Dr. Rasheed will be speaking on…
  • Jun 22

    Meet Us at BIO 2014 in San Diego!

    Meet Us at BIO 2014 in San Diego!
    A group of twelve attorneys from McAndrews, Held & Malloy will be attending BIO 2014 in San Diego this week, and we're hosting a cocktail reception on Tuesday night. Please join us if you'll be attending BIO!
Rank this Week: 1046

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: 304

LoTempio Law Blog

LoTempio Law Blog

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

http://www.lotempiolaw.com/
  • Aug 9

    LoTempio law merges with Patenthome

    LoTempio law merges with Patenthome
    Are you looking for a patent attorney or a trademark attorney? I’m Vin LoTempio an attorney registered with the US Patent and Trademark office. After a few years of having the LoTempio law blog,  Youtube Channel…
  • Jun 19

    USPTO TTAB cancels Redskins Trademark

    USPTO TTAB cancels Redskins Trademark
    On Wednesday, June 18, the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) issued a ruling that canceled the federal registration of six trademarks related to the Washington Redskins of the National…
  • Jun 19

    USPTO TTAB cancels Redskins Trademark

    USPTO TTAB cancels Redskins Trademark
    On Wednesday, June 18, the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) issued a ruling that canceled the federal registration of six trademarks related to the Washington Redskins of the National…
Rank this Week: 1043

Intellectual Property Law for the…

Intellectual Property Law for the Startup Phase

Covers patents, copyrights, trademarks, technology and business. By John Lindsay.

http://blog.startupipservices.com/
  • Aug 8

    United States Supreme Court Ruling in Alice v. CLS Bank – Software is Still Patentable

    United States Supreme Court Ruling in Alice v. CLS Bank – Software is Still Patentable
    Recently, the United States Supreme Court decision in Alice v. CLS Bank ruling impacted the scope of software patents. Some opined that software was no longer patentable. Software and computer implemented inventions are impacted but the…
  • Jun 25

    3D Printing’s Impact on Patent Valuation and Enforcement

    3D Printing’s Impact on Patent Valuation and Enforcement
    3D printing is an exciting field of technology and has made some great advances recently. It is a disruptive technology with the capability to transform the manufacturing industry.  Relatively inexpensive hardware and openly available…
  • May 26

    Three Patent Strategy Changes Under the America Invents Act

    Three Patent Strategy Changes Under the America Invents Act
    The final provisions of the America Invents Act (AIA) recently took effect. The AIA represents the most significant overhaul of United States patent law since the mid twentieth century. It enacted provisions over time, with the some…
Rank this Week: 4853

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Aug 7

    IPSC part 5: more copyright

    IPSC part 5: more copyright
    Third Breakout SessionCopyright and CompetitionCopyright’s Technological InterdependenciesClark AsayTechnological patrons depend on copyright for their motivations.  Copyright is an interdependent part of broader creative systems.…
  • Aug 7

    IPSC part 4: copyright (and a bit on the right of publicity)

    IPSC part 4: copyright (and a bit on the right of publicity)
    Second Breakout SessionCopyright Fair UseRaw Materials and Creative WorksAndrew GildenRaw materials concept is part of transformativeness in copyright and right of publicity cases.  Project: Examining the application and meaning of this…
  • Aug 7

    IPSC part 3: judicial panel

    IPSC part 3: judicial panel
    Judicial Panel: Chief Judge Diane Wood (7th Circuit) and Chief Judge Alex Kozinski (9th Circuit) Peter Menell: Discussion question: is IP common law?Wood: throughout the federal level, we are not a pure common law system, nor a civil law…
Rank this Week: 179

UnIntellectual Property

UnIntellectual Property

Highlights instances where an owner attempted to claim exclusive intellectual property rights in a trademark, copyright, or trade secret (and to a lesser extent patent) only to have a court of law, or other authority, declare no intellectual property rights exists. By Brian A. Hall.

http://unintellectualproperty.com/
  • Aug 7

    Trademark Genericness: May be Generic in One Region and Not Another

    Trademark Genericness: May be Generic in One Region and Not Another
    The United States District Court for the Southern District of Ohio denied Defendant’s Motion for Partial Summary Judgement, which was based upon the argument that Plaintiff’s claimed service mark, VNA, was generic.  The…
  • Jul 21

    Software Copyright Infringement Case Practice Tip

    Software Copyright Infringement Case Practice Tip
    There was no finding of UnIntellectual Property in this case out of the Tenth Circuit, but it did highlight two items that I believe are worthy of note to any copyright attorney, especially those litigating copyright infringement cases…
  • Jun 25

    Publish It on the Internet, Lose Trade Secret Status (DUH!)

    Publish It on the Internet, Lose Trade Secret Status (DUH!)
    UnIntellectual Property (UnIP): Trade Secret for Information Posted on the Internet and Generally Known The United States District Court for the District of Maryland analyzed several alleged trade secrets as part of a lawsuit involving six…
Rank this Week: 2167