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Osterberg's Blog

Osterberg's Blog

Thoughts on intellectual property and federal court business litigation. By Eric Osterberg.

http://www.osterbergllc.com/blog/
  • Oct 8

    Do patent and copyright law restrict competition and creativity excessively? Posner

    Do patent and copyright law restrict competition and creativity excessively? Posner
    I am concerned that both patent and copyright protection, though particularly the former, may be excessive. via www.becker-posner-blog.com I disagree with the author regarding fair use. The problem he posits is better addressed by the…
  • Sep 28

    Three Things You Should Have in Your NDA, But May Not

    Three Things You Should Have in Your NDA, But May Not
    1. A requirement that the party receiving confidential information identify all personnel who are given access to the information, make them aware of the NDA and insure that they are bound by it. Identification is particularly important, in…
  • Sep 5

    The Latest From the Federal Circuit on Injunctions, Sunset Royalties, and Future Royalty Rate

    The Latest From the Federal Circuit on Injunctions, Sunset Royalties, and Future Royalty Rate
    Even if you win your patent infringement case, you still may not get an injunction prohibiting ongoing infringement.  In a case decided last month by the Federal Circuit, ActiveVideo v.
Rank this Week: 3633

Patent Markings

Patent Markings

Covers judicial and legislative developments on the law of patent marking, in particular, the “false patent marking” statute. By Womble Carlyle.

http://falsepatentmarking.blogspot.com/
  • Nov 14

    The Importance of Ice Machine

    The Importance of Ice Machine
    Ice machines are mostly found in establishments that utilizes ice for preserving perishable products. Such equipment is especially made for creating and storing ice in the most effective way. Because of this initial feature, ice machines are…
  • Oct 25

    Banks: How to Garnish a Married Couple

    Banks: How to Garnish a Married Couple
                                                        Photo: http://garnishfood.blogspot.comBob Gaumont…
  • Sep 4

    Is The 9th Circuit’s Decision on Trial Payment Plan Promises the Prelude to a Cautionary Tale?

    Is The 9th Circuit’s Decision on Trial Payment Plan Promises the Prelude to a Cautionary Tale?
    Interesting post on our sister blog, "The Compass," discussing litigation arising out of Trial Payment Plans offered to delinquent mortgagors pursuant to the Home Affordable Modification Program ("HAMP").Here is the link to the blog…
Rank this Week: 3659

Patent Practice Professional…

Patent Practice Professional Liability Reporter

Covers patent litigation, pleadings, and prosecution. By Lane Powell PC.

http://www.patentpracticeliability.com
  • Apr 29

    Hiding in Plain Sight: The Delano Farms Plant Patent Case

    Hiding in Plain Sight: The Delano Farms Plant Patent Case
    Hiding in Plain Sight: The Delano Farms Plant Patent Case Patent Practice Professional Liability Reporter Mysterious to even many patent practitioners, plant patent issues create their own peculiar body of controlling case law.  A…
  • Aug 29

    The Dire Consequences of Misleading Patent Examiners and the Court During Patent Prosecution and Litigation

    The Dire Consequences of Misleading Patent Examiners and the Court During Patent Prosecution and Litigation
    The Dire Consequences of Misleading Patent Examiners and the Court During Patent Prosecution and Litigation Patent Practice Professional Liability ReporterAs the summer winds down, vacations recede in the rear-view mirrors, and the…
  • May 21

    Credibility Challenges Posed by the Eccentric Inventor Witne

    Credibility Challenges Posed by the Eccentric Inventor Witne
    Credibility Challenges Posed by the Eccentric Inventor Witness Patent Practice Professional Liability ReporterEccentric inventors can be their own worst enemies at depositions and on the witness stand at trial.  General Electric Co. v.…
Rank this Week: 3686

Practical IP

Practical IP

Covers intellectual property issues for businesses. By Bell Nunnally.

http://www.practical-ip.com
  • Jul 19

    Best Legal Practices for Brands on Social Media

    Best Legal Practices for Brands on Social Media
    Legally promote your brands and fans on social media with this overview of intellectual property, privacy, advertising and promotions issues and solutions…Best Legal Practices for Brands on Social Media  
  • May 23

    Facebook, You and the Government: The SEC is Following Your Tweet

    Facebook, You and the Government: The SEC is Following Your Tweet
    The United States Securities and Exchange Commission has finally joined the age of social media.  In a watershed report issued last month, the SEC concluded that publicly-traded companies, subject to the still-vague limitations discussed…
  • Feb 20

    Unauthorized Unlocking of Cell Phones Now Illegal

    Unauthorized Unlocking of Cell Phones Now Illegal
    Pursuant to a ruling by the Librarian of Congress in his triennial review of potential exemptions to the Digital Millennium Copyright Act (DMCA), which prohibits circumventing technological measures that protect copyrighted works, it is now…
Rank this Week: 3709

Emerging Technologies Blog

Emerging Technologies Blog

Covers GPL, open source and free software. By Brown Rudnick.

http://brownrudnick.com/blog/emerging-technologies/
  • Dec 21

    Mobile App Privacy: Five Things Businesses Can Do To Stay Out Of Trouble

    Mobile App Privacy: Five Things Businesses Can Do To Stay Out Of Trouble
    The business case for offering a mobile app can be compelling: an app can give a business a constant presence on its customers’ mobile desktop, building brand awareness and allowing easy and direct interaction. But businesses that roll…
  • Jun 29

    A New Wave Of GPL Enforcement? Samba and Linux kernel copyrightholders join the fight

    A New Wave Of GPL Enforcement? Samba and Linux kernel copyrightholders join the fight
    Talk about unintended consequences: Rob Landley, a lead developer of BusyBox, announced that he was rewriting that program solely to disarm GPL enforcers. In response, several other copyright holders came forward to hand the enforcers some…
  • Jun 12

    The Lore of Linux

    The Lore of Linux
    Advising clients on open source is always hard, because there’s not much law but a lot of lore.  There are a couple of court decisions that discuss open source licensing, but they don’t get at the really complicated and interesting…
Rank this Week: 3725

Deeplinks Blog

Deeplinks Blog

Covers bloggers' rights, DMCA, DRM, intellectual property, privacy and security issues. From the Electronic Frontier Foundation.

https://www.eff.org/deeplinks
  • Jun 27

    Supreme Court Gives More Leeway to Lower Courts on Patents and Copyright: Will Lower Courts Champion Innovation?

    Supreme Court Gives More Leeway to Lower Courts on Patents and Copyright: Will Lower Courts Champion Innovation?
    The Supreme Court decided two patent cases and one copyright case this month. If the three cases have a unifying theme, it is that the Supreme Court gave more deference to fact-finding tribunals, whether that is the Patent Office or district…
  • Jun 27

    Congratulations to the Winners of EFF's 9th Annual Cyberlaw Trivia Night

    Congratulations to the Winners of EFF's 9th Annual Cyberlaw Trivia Night
    The best legal minds in the Bay Area gathered to participate in EFF's 9th Annual Cyberlaw Trivia Night on June 16. Over 100 friends from 20 technology law firms and Internet companies attended, making for a rousing night vying for the coveted…
  • Jun 27

    Digital Dystopia: Egyptian Civil Society At Risk

    Digital Dystopia: Egyptian Civil Society At Risk
    On June 23, Amnesty International—along with IFEX, Human Rights Watch, FIDH, and seven other organizations—issued a joint statement on the “existential threat” faced by Egyptian civil society. In recent months, the…
Rank this Week: 3783

Seattle Entertainment Lawyer

Seattle Entertainment Lawyer

Provides entertainment and intellectual property law updates. By Heather M. Morado.

http://www.seattleentertainmentlawyer.com/
  • Jul 31

    Congratulations to client Perfume Geniu

    Congratulations to client Perfume Geniu
    Congratulations to client Perfume Genius on the release of his subversive music video for the single “Queen,” from his upcoming LP “Too Bright.”  The song reached #6 on the Billboard emerging artists chart, and…
  • Jun 19

    Court affirms that Sherlock Holmes characters are public domain

    Court affirms that Sherlock Holmes characters are public domain
    The estate of Arthur Conan Doyle, owners of the rights to the original Sherlock Holmes novels, threatened to sue author Leslie Klinger if he didn’t obtain a license to publish “In the Company of Sherlock,” an anthology…
  • Feb 26

    Showbox Presents: Roast the Kebla

    Showbox Presents: Roast the Kebla
    This evening, I’ll be joining my Seattle entertainment industry friends to celebrate James Keblas for his nine years of service as the director of the City of Seattle Office of Film and Music. A self-described "punk rocker in a suit,"…
Rank this Week: 3818

The 1709 Blog

The 1709 Blog

Covers all things copyright, warts and all.

http://the1709blog.blogspot.co.uk/
  • Jun 21

    CREATe Festival in London this week

    CREATe Festival in London this week
    Our friends at CREATe, the UK Centre for Copyright and New Business Models in the Creative Economy, wish to let 1709 Blog readers know about the forthcoming CREATe Festival 2016, taking place on Friday in London.More…
  • Jun 15

    The CopyKat

    The CopyKat
    There is yet another copyright lawsuit against the appropriation artist Richard Prince, after Dennis Morris LLC, the London-based photographer’s corporation, filed a complaint on the 3rd June in a Californian federal court seeking…
  • Jun 10

    Does Axl's photograph claim carry any weight?

    Does Axl's photograph claim carry any weight?
    Guns N Roses and now AC/DC frontman Axl Rose has filed six DCMA take down notices in what is seen as an attempt remove an unflattering photo of him from a 2010 Canadian concert from the web. The requests were filed on behalf of Rose by…
Rank this Week: 3823

The Dotted Line Reporter

The Dotted Line Reporter

Entertainment Law Blog & Community. By Christoffer Gaddini.

http://dlreporter.com/
  • Jan 26

    California’s Resale Royalty Act Explained

    California’s Resale Royalty Act Explained
    The saga of litigation over the scope of the California Resale Royalty Act (CA Civil Code § 986) has come to an end. The Supreme Court has declined to hear an appeal brought by artists including Chuck Close and Sam Francis after the…
  • Dec 23

    Legal Guide to Selling Fine Art Print

    Legal Guide to Selling Fine Art Print
    Disclaimer: This article is an informative guide pertaining to the legal doctrine discussed. DO NOT TAKE THIS ARTICLE AS SUBSTITUTE FOR LEGAL COUNSEL.  Although any information on the current state of the law is…
  • Oct 25

    Digital Media Revenue Models Explained: VOD, EST, FVOD, SVOD

    Digital Media Revenue Models Explained: VOD, EST, FVOD, SVOD
    Youtube.com, a worldwide platform where anyone can post videos on the internet, has recently announced that they will launch an advertisement-free subscription service in late October 2015. Initially, it will only be available in the United…
Rank this Week: 3825

New York Copyright Attorney

New York Copyright Attorney

Covers New York copyright law and surrounding issues. By Stone Law, P.C.

http://newyorkcopyrightattorney.com/
  • Mar 25

    Are Silent Films Still Protected by Copyright?

    Are Silent Films Still Protected by Copyright?
    Film enthusiasts may be familiar with the silent film Safety Last!  Starring Harold Lloyd, this film debuted in 1923.  Even those who are not familiar with the movie may recognize the iconic scene where Lloyd is dangling from the…
  • Mar 25

    Are Silent Films Still Protected by Copyright?

    Are Silent Films Still Protected by Copyright?
    Film enthusiasts may be familiar with the silent film S […]
  • Jan 17

    DMCA Takedown Used to Quash Negative YouTube Review

    DMCA Takedown Used to Quash Negative YouTube Review
    If you were to search YouTube for reviews of video games, you would hit countless results.  Some channels have been able to rise above the other in terms of subscribers and consequently can be targeted for their negative reviews. …
Rank this Week: 3830

IP Litigation From Flyover Country

IP Litigation From Flyover Country

Covers copyright, trademark, trade secret & patent litigation. By David L. Rein Jr.

http://iplitigator.wordpress.com/
  • Dec 30

    Back!

    Back!
    It has been much too long since I posted, but I am looking forward to posting again in earnest.  Feel free to send me an e-mail with any topics you would like to see in 2014. Until then, Happy New … Continue reading →
  • Dec 30

    Back!

    Back!
    It has been much too long since I posted, but I am looking forward to posting again in earnest.  Feel free to send me an e-mail with any topics you would like to see in 2014. Until then, Happy New … Continue reading →
  • Sep 1

    How To Find & Monetize Valuable Copyrights On University Campuse

    How To Find & Monetize Valuable Copyrights On University Campuse
    Copyright licensing is probably the last thing on students’ minds as they return to college campuses across the country.
Rank this Week: 3836

IP Insiders

IP Insiders

Covers intellectual property litigation news.

http://ipinsiders.com/profiles/blog/list
Rank this Week: 3904

Legal Intangibles

Legal Intangibles

Covers intellectual property law cases, events and developments. By Tom Kulik.

http://legalintangibles.com/
Rank this Week: 3910

Journal of the Patent and…

Journal of the Patent and Trademark Office Society

Covers patents, trademarks, and copyrights.

http://jptos.org
  • Jun 28

    Indacon, Inc., v. Facebook, Inc., No. 2015-1129 (Fed. Cir. 2016)

    Indacon, Inc., v. Facebook, Inc., No. 2015-1129 (Fed. Cir. 2016)
    Written By: John Kirkpatrick Indacon sued Facebook for infringing U.S. Patent No. 6,834,276 (hereinafter the “’276 patent”), directed to “searching, indexing, perusing, and manipulating files in a database ……
  • Jun 21

    Patent Attorney

    Patent Attorney
    Retired Patent Attorney, 30 years experience, accepting overflow work in electrical and mechanical fields. robertplattbell@gmail.com Ph. (703) 544-5281
  • Jun 14

    Patent No. U.S. 5,527,039 A

    Patent No. U.S. 5,527,039 A
    Written By: Roland Casillas       Web and Blog EditorPatent No. U.S. 5,527,039 AGolf Swing Training Aid Inventors: Claude A. Levesque Description: In the continued evolution of golf equipment, Claude…
Rank this Week: 3925

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/
Rank this Week: 3938

Troll Defense

Troll Defense

Tips and commentary for individuals accused of civil liability for Internet activities. By Benjamin Justus.

http://www.troll-defense.com/
  • Jun 13

    Benjamin Justus on “The Troubleshooter” 5/25/16

    Benjamin Justus on “The Troubleshooter” 5/25/16
    On May 25, attorney Benjamin Justus discussed BitTorrent cases, copyright trolls and related issues on the nationally syndicated show, “The Troubleshooter,” hosted by Tom Martino and airing from KHOW in Denver, Colorado. The…
  • Jun 12

    Microsoft Targets Does for Illicit Software Product Activation

    Microsoft Targets Does for Illicit Software Product Activation
    Over recent months, software titan Microsoft Corporation has filed a number of “Doe” lawsuits in the U.S. District Court for the Western District of Washington.  The suits allege both copyright and trademark claims against…
  • Jun 12

    “London Has Fallen” & “Queen of The Desert” Expand Troll-Style Campaigns in Colorado

    “London Has Fallen” & “Queen of The Desert” Expand Troll-Style Campaigns in Colorado
    Two notorious BitTorrent plaintiffs have expanded nationwide litigation campaigns, with suits against over 60 “Doe” defendants in the U.S. District Court of the District of Colorado. Several cases were filed by QOTD Film…
Rank this Week: 3943

S.D.N.Y. Intellectual Property Law

S.D.N.Y. Intellectual Property Law

Covers patent, copyright and trademark law in the U.S. District Court for the Southern District of New York. By Richard Crisona.

http://ipblog.abv.com
  • Jun 22

    Court Dismisses Copyright Infringement Claim Based on Choice of Law Provision in Contract

    Court Dismisses Copyright Infringement Claim Based on Choice of Law Provision in Contract
    In a June 21, 2016 ruling, Judge Jesse M. Furman dismissed the plaintiff's copyright claim because of a choice of law provision in the parties' contract calling for the application of English law.  The plaintiff publishes a website with…
  • Jun 21

    Court Denies Preliminary Injunction in Trademark Infringement Action

    Court Denies Preliminary Injunction in Trademark Infringement Action
    In a June 17, 2016 ruling, Judge Coleen McMahon denied the plaintiff's motion for a preliminary injunction against trademark infringement, and ordered the plaintiff to show cause why the entire action should not be dismissed.  Despite…
  • Apr 14

    Court Finds Registration of Domain Name Not Use in Commerce of a Trademark

    Court Finds Registration of Domain Name Not Use in Commerce of a Trademark
    In an April 12, 2016 ruling, Judge John G. Koetl ruled that a party’s registration of a domain name was not considered the use of a trademark in commerce, and so the party that actually first used the mark in commerce in connection with…
Rank this Week: 3989

My Patent Lawyers Blog

My Patent Lawyers Blog

Covers patent, trademark, and other intellectual property law issues. By the Law Offices of Roland Tong.

http://mypatentlawyers.com/blog/
  • Apr 9

    What Happens After You File A Patent Application

    What Happens After You File A Patent Application
    Once you file a patent application, you can claim that you have a patent pending on your invention. You will generally get a filing receipt with a serial number for your patent application.
  • Jan 27

    What to Do if Someone Steals Your Invention

    What to Do if Someone Steals Your Invention
    As an innovator and patent holder, you are in charge of protecting your own patented work.  While the U.S. Patent Trademark Office (PTO) issues the patent, they take no responsibility in enforcement.  Instead, you must identify and enforce…
  • Jan 24

    How to Protect Your Company’s Trademark (and Brand Names) on the Internet

    How to Protect Your Company’s Trademark (and Brand Names) on the Internet
    Did you know that your competitor can purchase and use your company’s trademark (and brand names) for use on the internet, without your consent and with the sanction of American courts? In this article, we’ll show you how to protect your…
Rank this Week: 3987

Entertainment Attorney Blog

Entertainment Attorney Blog

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

http://www.entertainmentattorneyblog.com/
  • May 20

    More Tips for the Traveling Musician

    More Tips for the Traveling Musician
    A few months back, we wrote of the challenges of traveling with a musical instrument. Since then, we received a request to publish a guest blog post, which, as you may imagine, had a commercial motivation: you see, the Flight Case Company, an…
  • May 12

    Judge Denies Summary Judgment and Sends “Stairway to Heaven” Suit to Trial

    Judge Denies Summary Judgment and Sends “Stairway to Heaven” Suit to Trial
    I’m not a judge. And I don’t play one on TV. And despite what I believed was a strong memorandum in support of summary judgment, District Judge Klausner denied the defendants’ motion and set the case for trial. Recall that…
  • Apr 28

    I’m Back – And “Stairway to Heaven” Is Too

    I’m Back – And “Stairway to Heaven” Is Too
    I’ve been on Blog Sabbatical for a few months, but I’m back and jazzed to talk about that Stairway to Heaven copyright infringement lawsuit. You remember, Randy (“California”) Wolfe’s trustee sued Led Zeppelin,…
Rank this Week: 4025

Trademarkology

Trademarkology

Provides insight and guidance on selecting a brand name or logo and protecting it with a federally registered trademark. By Stites & Harbison, PLLC.

http://www.trademarkologist.com/
  • Jun 28

    Pat Summitt: A Brand That Lives On

    Pat Summitt: A Brand That Lives On
      I had nearly completed a blog post that I intended to publish today—a post actually about trademarks, branding, and intellectual property—but, when the news of Pat Summitt’s death broke early this morning, I decided…
  • Jun 24

    Curry Scores on Trademark Application

    Curry Scores on Trademark Application
    Perhaps Steph Curry should have been paying more attention to basketball rather than capitalizing on his trademark during the NBA finals. While Curry won’t get a payout from winning an NBA title, it looks like he has other business…
  • Jun 16

    ZIP, ZILCH, NADA

    ZIP, ZILCH, NADA
    It is summer festival season in Middle Tennessee. Last week, we experienced the CMA Music Festival, followed by Bonnaroo. This coming weekend, the RC Cola and Moon Pie Festival takes place in Bell Buckle, Tennessee. The festival begins with a…
Rank this Week: 4034

Fashion Counsel with Anthony V.…

Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog highlights critical issues for designers, retailers, and manufacturers.

http://www.fashioncounsel.com/
Rank this Week: 4124

Ryan Alley Intellectual Property…

Ryan Alley Intellectual Property Law Blog

Follows recent developments in US Patent and Intellectual Property Law and offers practitioners feedback and lessons for dealing with these changes.

http://alleylegal.com/blog
  • Oct 21

    In re Morsa II – Prosecution Lesson

    In re Morsa II – Prosecution Lesson
    Case No. 2015-1107 (Prost, Newman, O’Malley) Pro se applicant Steve Morsa returns to the Federal Circuit following a remand to the PTAB in 2013’s In re Morsa. The original case was, on its surface, a lesson on the enablement…
  • Oct 14

    Hey. What’s going on?

    Hey. What’s going on?
    Well it’s been almost a year since the last post to this blog. For regular readers who have sorely missed new content here, my perfunctory apologies. For those who have emailed and commented asking about my status (with even a few…
  • Nov 3

    CardSoft v. VeriFone – Application and Claim Drafting Lesson

    CardSoft v. VeriFone – Application and Claim Drafting Lesson
    Case No. 2014-1135 (Prost, Taranto, Hughes) Finishing this trilogy of posts on claim construction of terms of art is CardSoft v. VeriFone. Like Hill-Rom v. Stryker and GE Lighting v. AgiLight, this case deals with the full Phillips approach…
Rank this Week: 4179

Technology Law Source

Technology Law Source

Brings together concepts that cut across traditional intellectual property lines, addressing both evolving technologies and concerns about privacy and data security. By Porter Wright.

http://www.technologylawsource.com/
  • Jun 24

    FAA’s comprehensive new small UAS rules are here. How can they help your business?

    FAA’s comprehensive new small UAS rules are here. How can they help your business?
    On June 21, the Federal Aviation Administration (FAA) released long-awaited new rules for commercial, non-hobbyist small unmanned aircraft (sUAS) operations. The FAA’s press release about the new rules in part 107 of the FAA regulations…
  • May 26

    What is the legal standard for harm in a data breach event?

    What is the legal standard for harm in a data breach event?
    Consumer data breaches happen all of the time. And some of those times, consumers may not have had harm…yet. Our colleagues at Antitrust Law Source published a podcast discussing the how fear of harm may or may not warrant relief and…
  • May 25

    What is the immunity notice required to take full advantage of the Defending Trade Secrets Act?

    What is the immunity notice required to take full advantage of the Defending Trade Secrets Act?
    We’ve previously posted about the Defending Trade Secrets Act allowing plaintiffs to pursue a trade secret claim in federal court. Our colleagues at Employer Law Report recently reported on how employers can take advantage of this Act.…
Rank this Week: 4236

Creative Arts Advocate

Creative Arts Advocate

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

http://creativeartsadvocate.com/
  • Aug 31

    Music in Politics – Legal and Practical Consideration

    Music in Politics – Legal and Practical Consideration
    After riding down an escalator into a room full of people waving banners with name, Donald Trump announced his campaign for Presidency by taking the stage to “Rockin’ in the Free World.”  Welcome to…
  • May 27

    Art Investments May Be Regulated Like Bonds or Stock

    Art Investments May Be Regulated Like Bonds or Stock
    Your stocks are regulated, your mortgage is regulated, but your art isn’t.  Even though art is a growing investment class, the high-end art world faces little regulation or scrutiny although allegations of fraud and tax evasion…
  • May 14

    Blurred Laws: The Effects of the “Blurred Lines” Verdict on the Music Industry

    Blurred Laws: The Effects of the “Blurred Lines” Verdict on the Music Industry
    In a widely publicized case, the Estate of Marvin Gaye recently won its lawsuit against Pharrell Williams, Robin Thicke, and T.I. for copyright infringement, alleging that their hit song “Blurred Lines” infringes upon Gaye’s…
Rank this Week: 4234

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/
  • Jun 24

    Did The TTAB Reach The Right Result But With Flawed Reasoning?

    Did The TTAB Reach The Right Result But With Flawed Reasoning?
    Janco, LLC (the “Applicant”) applied to the United States Patent & Trademark Office (the “USPTO”) to register the mark FLATIZZA for pizza in international class 30. Doctor Associates, Inc. (the…
  • Jun 12

    Determining Who Should Legally Own A Trademark

    Determining Who Should Legally Own A Trademark
    One of the most frequently asked questions in our law practice is who should be the legal owner of a trademark. It is hard to believe that the “name section” of the trademark application is the section most frequently incorrectly…
  • May 27

    Is A Twitter Account A Separate, Registrable Service For Trademark Registration?

    Is A Twitter Account A Separate, Registrable Service For Trademark Registration?
    Florists’ Transworld Delivery Inc. (the “Applicant”) attempted to register its mark, a slogan, SAY IT YOUR WAY for two types of services. Only one service is at issue on appeal before the Trademark Trial and Appeal Board…
Rank this Week: 4298

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 4294

Nigerian Law Intellectual Property…

Nigerian Law Intellectual Property Watch

An online repository for intellectual property articles, papers and news.

http://www.nlipw.com/
  • Jun 15

    Correction of Mistake in Registration of Trademark

    Correction of Mistake in Registration of Trademark
    June 15, 2016 -- Most lawyers are familiar with the process of opposing trademark applications and with making requests for amendment of errors relating to the names and addresses of trademark applicants. But what do... The post Correction of…
  • Jun 7

    Trademark Journal Publication

    Trademark Journal Publication
    June 7, 2016 — As part of the trademark filing process, each application filed must be published in a Trademark Journal issued by the Registry in Abuja. If a trademark application has not been objected... The post Trademark Journal…
  • Jun 2

    Trademark Class 5: Pharmaceutical, Veterinary and Sanitary Preparations in Nigeria

    Trademark Class 5: Pharmaceutical, Veterinary and Sanitary Preparations in Nigeria
    June 2, 2016 — In registering trademarks in Nigeria, you may apply for the mark to be registered under one or more of the 45 classes. Each class represents a distinct class of goods or services... The post Trademark Class 5:…
Rank this Week: 4370

For the Rechord

For the Rechord

Focuses on the intersection of issues that affects the music industry and the law. From New York Law School.

http://www.fortherechord.com/
  • May 27

    Warner Music Digital Royalty Settlement and the Future of Digital Royaltie

    Warner Music Digital Royalty Settlement and the Future of Digital Royaltie
    Recently, Warner Music settled an 11.5 Million Dollar class action lawsuit over the way they calculate digital royalties. Originally filed by members of Sister Sledge, Ronnie Blakely and Gary Wright the suit alleged that Warner had been…
  • May 27

    Spilling the Tea on TEAs and SEA

    Spilling the Tea on TEAs and SEA
    Big data is all the rage these days and the music industry has certainly jumped on the bandwagon with two new metrics: the Track Equivalent Album (TEA) and Streaming Equivalent Album (SEA). The TEA is the newest method for calculating…
  • May 22

    I Performed a Work of Genius, Now What?

    I Performed a Work of Genius, Now What?
    So, imagine you went to this amazing concert last night. Your favorite band/artist/artists played some of your favorite songs from their most recent album… But midway through their set, they do some improvisation. Something…
Rank this Week: 4384

conferpatent

conferpatent

Covers interesting patent news. By Paul A. Serbinowski.

http://conferpatent.com/wordpress
  • Feb 13

    BRCA Gene Claims Found Patent Ineligible

    BRCA Gene Claims Found Patent Ineligible
    This opinion of the U.S. Court of Appeals for the Federal Circuit (CAFC), University of Utah Research v. Ambry Genetics Corp. (Fed. Cir. Dec. 17, 2014), addresses different patent claims from the same patents at issue in the seminal U.S.…
  • Feb 3

    “I’ll take an Order of Bacon, but Hold the Unboiled Egg Please”

    “I’ll take an Order of Bacon, but Hold the Unboiled Egg Please”
    An interesting invention of “how to unboil an egg,” so to speak, was recently discussed in the scientific publication, CHEMBIOCHEM. A patent is pending for this invention. A lead investigator was Dr. Gregory A. Weiss who is a…
  • Jan 28

    The Supreme Court Sets the Standard of Review in Claim Construction- Teva v. Sandoz

    The Supreme Court Sets the Standard of Review in Claim Construction- Teva v. Sandoz
    This addresses a recent U.S. Supreme Court decision on a somewhat esoteric topic of whether claim construction is only an issue of law for the trial court to decide which is renewed fresh by the appeals court or also involves issues of fact…
Rank this Week: 4462

The Brand Protection Blog

The Brand Protection Blog

Covers developments and trends in all areas of the law that impact brands, including the creation, promotion and protection of branded products and services. By Norton Rose Fulbright.

http://www.thebrandprotectionblog.com
  • Jun 27

    U.S. Trademark Office proposes fee increase

    U.S. Trademark Office proposes fee increase
    Brand owners should be aware that the U.S. Patent and Trademark Office (USPTO) has proposed an increase of its trademark registration and filing fees. The proposed rule was published in the Federal Register, with the period for public comment…
  • Jun 24

    Brexit: Initial considerations trademark and design owner

    Brexit: Initial considerations trademark and design owner
    Yesterday, Britain voted to leave the European Union. The exit will not happen immediately. It is likely to take at least two years after the process is actually triggered for the transition to be completed. For the time being it is…
  • May 17

    Blatant Infringement? Chinese brand “Uncle Martian” mirrors “Under Armour” logo

    Blatant Infringement? Chinese brand “Uncle Martian” mirrors “Under Armour” logo
    Chinese sports manufacturer Fujian Tingfeilong Sports Goods Co. Ltd., recently launched a sports clothing and footwear brand under the name “Uncle Martian.” But for their unoriginal logo, the launch of the brand would not have…
Rank this Week: 4473

IP Iustitia

IP Iustitia

Discusses news, cases, legislation and anything to do with Intellectual Property law.

http://www.ipiustitia.com
  • Jun 21

    Retrospective - Copyright in Hot New

    Retrospective - Copyright in Hot New
    Information can be very time-sensitive, and that very sensitivity can make it all the more valuable in areas of commerce or activity where quickness is king. The value of stocks can change in an instant, the betting odds of a match adjusted…
  • Jun 16

    Trunki Aftermath - UKIPO Issues Guidance on Design Application

    Trunki Aftermath - UKIPO Issues Guidance on Design Application
    Since the Supreme Court's decision in Trunki, which this writer somewhat disagreed with, there has been some uncertainty as to the place of designs in the UK, particularly in relation to the question of lack of ornamentation and the…
  • Jun 7

    Clear Enough? - CJEU Further Clarifies Communication to the Public

    Clear Enough? - CJEU Further Clarifies Communication to the Public
    The CJEU does not seem to be able to make its mind up on the topic of what amounts to a 'communication to the public', as is perfectly illustrated by the recent decisions in Svensson, C More Entertainment, BestWater and the Advocate General's…
Rank this Week: 4480

'Round Midnight

'Round Midnight

Law and other nonsense from a Nashville music lawyer.

http://huganlaw.wordpress.com/
  • Jan 29

    Not So Small Claim

    Not So Small Claim
    Small claims courts in Tennessee are called Courts of General Sessions. Under $25k; either party can appeal to Circuit Court and the case starts all over as if the General Sessions trial never occurred. Great for eviction and collections…
  • Jan 5

    OMG its OEM!

    OMG its OEM!
    Stealing intellectual property is an American pastime. Music, software, ebooks, you name it—free is the right price. And mounds of shaming and litigation has done little to discourage the copyright abolitionists. And then…
  • Dec 30

    Redskins Run A Slant Pattern?

    Redskins Run A Slant Pattern?
    I had never heard of The Slants until the USPTO denied their trademark application seeking registration of their band name.  Applications can be denied if the USPTO deems a mark to be disparaging. I wouldn’t…
Rank this Week: 4481

Bernick Lifson Business Law Blog

Bernick Lifson Business Law Blog

Covers topics related to business law, including intellectual property, trademarks, litigation, and employment law.

http://www.bernicklifson.com/blog/
  • Apr 14

    Property line disputes: did your neighbor build on your land?

    Property line disputes: did your neighbor build on your land?
      Just How Close is your Neighbor?     In a recent Minnesota Court of Appeals decision, the Court determined that a landowner, whose property was encroached-upon by a neighbor, was entitled to numerous types of costly damages…
  • Mar 31

    Responding to Federal Housing-Bias Complaints: What You Need To Know

    Responding to Federal Housing-Bias Complaints: What You Need To Know
      Responding to Federal Housing-bias Complaints   Imagine this typical situation. A person who owns a couple of rental properties on the side, calls a property law attorney in a tizzy: she has just received a complaint from the U.S.…
  • Mar 31

    Trademark Law: Trademarks in an Evolving Social Media Marketplace

    Trademark Law: Trademarks in an Evolving Social Media Marketplace
      Trademark Law and Social Media   Bernick Lifson attorney Betsy Butwin has published an article in the Mitchellhamline inttelectual property law journal Cybaris. The article covers issues related to trademark law in the ever…
Rank this Week: 4491

Anti-Generic Trademark

Anti-Generic Trademark

Covers strategic brand planning and foundation with commentary on trademark prosecution, trademark enforcement, making a brand famous, confronting online infringement and cybersquatting, and licensing a trademark. By Justin Clark.

http://www.antigenerictrademark.com
Rank this Week: 4525

Deal Law Wire

Deal Law Wire

Addresses private equity, foreign investment in Canada, antitrust/competition, cross-border transactions, litigation, taxation, employment and intellectual property issues that affect deal-making. By Norton Rose Fulbright.

http://www.deallawwire.com/
  • Jun 28

    Cultural compatibility: predictor of a transaction’s potential succe

    Cultural compatibility: predictor of a transaction’s potential succe
    We have previously reported on human capital considerations in M&A transactions; in this post we consider how corporate culture affects a deal’s possibility of success. While qualitative considerations often sit on the backburner in…
  • Jun 21

    Corporate residency for tax purpose

    Corporate residency for tax purpose
    A corporation that is resident in Canada for Canadian income tax purposes is subject to Canadian income tax on its worldwide income. On the other hand, corporations that are not resident in Canada are only subject to Canadian income tax on…
  • Jun 15

    M&A update in the global metals industry

    M&A update in the global metals industry
    In the past, we reported on PwC’s ongoing analysis on M&A activity in the global metals industry. PwC released its most recent report in the series, entitled “Forging Ahead: First-quarter 2016 global metals industry…
Rank this Week: 4544

Coming of Edge

Coming of Edge

Discusses the legal hurdles facing startups and entrepreneurs including all intellectual property law topics. By Steven Buchwald.

http://comingofedge.com/
  • May 15

    The New York Bitlicense is coming: What you need to know

    The New York Bitlicense is coming: What you need to know
    As the final version of the New York BitLicense will roll out within the next 2 weeks, bitcoin startups are gearing up to enter the U.S. market. The post The New York Bitlicense is coming: What you need to know appeared first on .
  • May 12

    What Makes a Brand a Good Trademark?

    What Makes a Brand a Good Trademark?
    A suggestive trademark can be a salutary compromise between marketing and legal considerations. The post What Makes a Brand a Good Trademark? appeared first on .
  • Apr 30

    LLC., C Corp, S Corp: How to Pick a Business Structure

    LLC., C Corp, S Corp: How to Pick a Business Structure
    Few decisions are as important as choosing the right entity for your new startup. This post explores the factors that matter most when making this decision. The post LLC., C Corp, S Corp: How to Pick a Business Structure appeared first on .
Rank this Week: 4541

Steiger Legal

Steiger Legal

Swiss Blawg – mostly in German – on current legal topics, in particular related to IP/IT.

http://www.steigerlegal.ch/
  • Jun 25

    Lesenswerte juristische Weblinks #141

    Lesenswerte juristische Weblinks #141
    Ausgewählte Weblinks zu lesenswerten juristischen Inhalten – heute unter anderem zur Frage, was «Differential Privacy» ist, und zur Verwirrung, was mit digitalen Abbildungen aus Museen erlaubt ist … Kultur…
  • Jun 21

    China: P2P-Darlehen mit Nacktfotos als Sicherheiten

    China: P2P-Darlehen mit Nacktfotos als Sicherheiten
    Andere Länder, andere Sitten: In China dienen Nacktfotos von Frauen als Sicherheiten für Darlehen! Wie die New York Times schreibt, werden solche Sicherheiten für Darlehen auf der chinesischen Peer-to-Peer…
  • Jun 17

    José Mourinho-Marken: FC Chelsea vs. Manchester United

    José Mourinho-Marken: FC Chelsea vs. Manchester United
    Name und Unterschrift von berühmten Zeitpersonen können einen erheblichen wirtschaftlichen Wert haben. Sie werden deshalb oftmals als Marken geschützt. Ein Beispiel dafür ist der ehemalige Fussballspieler und heutige…
Rank this Week: 4563

Trending Trademarks

Trending Trademarks

Covers trademark issues affecting the fashion, high-tech, multimedia and consumer products industries. By Sullivan & Worcester.

http://www.trendingtrademarks.com/
  • Nov 10

    Federal Circuit Rules ITC Cannot Stop Infringing Digital Files From Entering U.S.

    Federal Circuit Rules ITC Cannot Stop Infringing Digital Files From Entering U.S.
    In a decision that will have considerable interest for the entertainment, tech and 3D printing industries, the Federal Circuit, in a split decision in Clearcorrect Operating, LLC v. International Trade Commission, 2014-1527, today…
  • Nov 9

    NANOTAINER vs. MICROTAINER: Theranos Battles BD Over Trademarks, but FDA Draws First Blood

    NANOTAINER vs. MICROTAINER: Theranos Battles BD Over Trademarks, but FDA Draws First Blood
    Medical equipment manufacturer Becton, Dickinson and Company (“BD”), has been making its MICROTAINER blood collection containers since 1945. According to The New York Times, the MICROTAINER containers are a $25 million a year…
  • Oct 28

    With Victory Over MTM, Amazon Can Still Use Brand Name Searche

    With Victory Over MTM, Amazon Can Still Use Brand Name Searche
    When shopping for watches on Amazon.com, you might be surprised to find that a search for the luxury military-style watch “mtm special ops” brings you to a list of watches designed by competitors of Multi Time Machine, Inc.…
Rank this Week: 4549

Jackson White Intellectual…

Jackson White Intellectual Property Blog

Covers patents, trademarks, copyrights, and trade secrets.

http://www.jacksonwhitelaw.com/az-ip-attorney/blog/
  • May 13

    Streaming Site Grooveshark Shut Down

    Streaming Site Grooveshark Shut Down
    After three years in court, US District Judge Thomas Griesa has decided that the company knowingly worked outside Copyright law. Warner Bros Records, Sony Music Entertainment, Arista Music and six other companies sued Grooveshark in 2011 for…
  • Mar 12

    Park Slope Restaurant Sued for Trademark Infringement

    Park Slope Restaurant Sued for Trademark Infringement
    Who doesn’t love a spoonful of Nutella? The sweet hazelnut spread has become a popular indulgence with chocolate lovers everywhere, but for one Park Slope restaurant it seems their indulgence has offended the Nutella parent company,…
  • Mar 10

    Left Shark has Katy Perry’s Legal Team Swimming in Circle

    Left Shark has Katy Perry’s Legal Team Swimming in Circle
    Everyone who tuned into the Super bowl witnessed the Half-Time show featuring Katy Perry. While Katy may have been the star, according to social media accounts across the nation, “Left Shark” stole the show. It didn’t take…
Rank this Week: 4547

Delaware Intellectual Property…

Delaware Intellectual Property Litigation

Covers intellectual property and antitrust litigation. By Fox Rothschild LLP.

http://delawareintellectualproperty.foxrothschild.com/
Rank this Week: 4576

Docket Alarm Blog

Docket Alarm Blog

Features news and information on PTAB and IP cases worldwide.

https://www.docketalarm.com/blog/
  • May 16

    How to Read Your Judge's Mind in the PTAB

    How to Read Your Judge's Mind in the PTAB
    Attorney in the PTAB? Do you wish you could know ahead of time whether your judge was likely to institute your petition, grant your motion, or rule in your favor?  Short of your reading your judge’s thoughts, the next best…
  • Apr 26

    Five Strategies for Conducting Better Docket Research

    Five Strategies for Conducting Better Docket Research
    Docket Alarm gives attorneys the ability to take their docket research to the next level. With a suite of tools that streamlines your search process and maximizes your results, Docket Alarm makes legal research more accurate and relevant than…
  • Apr 12

    FTC Cracking Down on Drug Manufacturers' "Pay-for-Delay" Practice

    FTC Cracking Down on Drug Manufacturers' "Pay-for-Delay" Practice
    On March 30th, the Federal Trade Commission filed a lawsuit against drug manufacturer Endo Pharmaceuticals, alleging that Endo is paying generic drug manufacturers in order to delay the release of lower cost generic versions of their drugs,…
Rank this Week: 4604

Web Tech Law

Web Tech Law

Covers intellectual property, privacy, and social media in South Africa.

http://webtechlaw.com/our-insights
  • Apr 24

    The legalities of going paper-le

    The legalities of going paper-le
    Many people think that going digital is problematic from a legal perspective and, to a large extent, it isn't. It does require that you understand the implications and adjust your workflows to suit the digital paradigm.
  • Apr 24

    Bombs under wheelchairs, model airplanes and other stupid tweet

    Bombs under wheelchairs, model airplanes and other stupid tweet
    The last couple weeks saw two spectacular lapses in judgment in corporate Twitter accounts. The first was the pornographic US Airways tweet in response to a passenger’s complaints about a delayed flight and the second was an FNB…
  • Apr 7

    How to deal with stalkers taking photos of you

    How to deal with stalkers taking photos of you
    I spoke to Kieno Kammies on 567 CapeTalk radio this morning about a troubling trend. As you can hear from the segment, below, the concern is partly about people being photographed in suspicious ways in public. One example is a person…
Rank this Week: 4602

Pierson Patent Law Blog

Pierson Patent Law Blog

Discusses patent law cases and patent portfolio management for start-ups.

http://piersonpatentlaw.com/Blog/
  • Jan 29

    A TRADEMARK ATTORNEY’S REVIEW OF IN RE SIMON SHIAO TAM

    A TRADEMARK ATTORNEY’S REVIEW OF IN RE SIMON SHIAO TAM
    In this case, Mr. Simon Shiao Tam names his band “THE SLANTS” to make a statement about racial and cultural issues in this country.  Section 2(a) of the Lanham acts bars the Trademark Office from registering scandalous,…
  • Jan 28

    A Houston Patent Attorney’s Review of: PFIZER INC. v. LEE

    A Houston Patent Attorney’s Review of: PFIZER INC. v. LEE
    Patent Term Adjustment (PTA) is utilized by the Patent Office so that an inventor’s patent protection is not limited by delays caused by the Patent Office. The Patent Term Guarantee Act (“the Act”), 35 U.S.C. § 154(b),…
  • Jan 26

    A Houston Patent Attorney’s Review of Lumen View Technology vs. FINDTHEBEST.COM, INC.

    A Houston Patent Attorney’s Review of Lumen View Technology vs. FINDTHEBEST.COM, INC.
    In this case, Lumen sued FINDTHEBEST.COM for infringing U.S Patent 8,069,073. The ‘073 patent had claims that were directed towards facilitating procurement of delivery of products or services involving multiple classes of parties. All…
Rank this Week: 4642

Statute of RyAnne

Statute of RyAnne

An entertainment and intellectual property blog.

http://www.statuteofryanne.com
  • Jan 8

    I’m Back – Ringing in the New Year

    I’m Back – Ringing in the New Year
    Yes, I have been absent. No, nothing is wrong. Yes, I have been keeping up with everything going in the world by way of entertainment, copyright and trademark law. And, I have missed you all! Thank you to those readers who wrote in, tweeted…
  • Jan 8

    I’m Back – Ringing in the New Year

    I’m Back – Ringing in the New Year
    Yes, I have been absent. No, nothing is wrong. Yes, I have been keeping up with everything going in the world by way of entertainment, copyright and trademark law. And, I have missed you all! Thank you to those readers who wrote in, tweeted…
  • Oct 30

    A Halloween Copyright Horror Story

    A Halloween Copyright Horror Story
    What’s the one thing that can send chills down the spine of any copyright attorney? A $5 million judgment against your client for a music copyright case. This past week, the video depositions of Pharrell Williams and Robin Thicke were…
Rank this Week: 4627

The Brand Protection Blog

The Brand Protection Blog

Reports on developments and trends in all areas of the law that impact brands, including the creation, promotion and protection of branded products and services. By Norton Rose Fulbright.

http://www.thebrandprotectionblog.com/
  • Jun 27

    U.S. Trademark Office proposes fee increase

    U.S. Trademark Office proposes fee increase
    Brand owners should be aware that the U.S. Patent and Trademark Office (USPTO) has proposed an increase of its trademark registration and filing fees. The proposed rule was published in the Federal Register, with the period for public comment…
  • Jun 24

    Brexit: Initial considerations trademark and design owner

    Brexit: Initial considerations trademark and design owner
    Yesterday, Britain voted to leave the European Union. The exit will not happen immediately. It is likely to take at least two years after the process is actually triggered for the transition to be completed. For the time being it is…
  • May 17

    Blatant Infringement? Chinese brand “Uncle Martian” mirrors “Under Armour” logo

    Blatant Infringement? Chinese brand “Uncle Martian” mirrors “Under Armour” logo
    Chinese sports manufacturer Fujian Tingfeilong Sports Goods Co. Ltd., recently launched a sports clothing and footwear brand under the name “Uncle Martian.” But for their unoriginal logo, the launch of the brand would not have…
Rank this Week: 4658