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The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin, branding, replacement parts, famous marks, grey goods and Madrid Protocol. By Marty Schwimmer.

http://www.schwimmerlegal.com/
  • Apr 21

    Recent Trademark Decision

    Recent Trademark Decision
    BAIG v. COCA-COLA If the D Ct 'forgets' about a claim but says 'case terminated,' the case is final and appealable http://t.co/QYrivyxvMK — TrademarkBlog (@TrademarkBlog) April 21, 2015 BAIG v. COCA-COLA 7 Cir NATURALLY is generic and…
  • Apr 20

    Text of CAFC Affirmance of SLANTS Rejection

    Text of CAFC Affirmance of SLANTS Rejection
    Slants CAFC ex parte appeal.pdf by martyschwimmer
  • Apr 20

    John Oliver on Patent

    John Oliver on Patent
Rank this Week: 19

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Apr 24

    Friday fantasie

    Friday fantasie
    Forthcoming events. As usual, the IPKat's list of impending conferences, seminars, lectures and other IP attractions has been given its weekly spring-clean and update, so don't forget to check it out. Latest on the list is the "Meet the…
  • Apr 24

    German Federal Court says that libraries have a right to digitise their collection

    German Federal Court says that libraries have a right to digitise their collection
    The German Federal Court of JusticeLast September this blog reported [here and here] on the decision of the Court of Justice of the European Union (CJEU) in TU Darmstadt v Ulmer, C-117/13, a reference from…
  • Apr 24

    The case against patents: what does first-mover advantage tell us?

    The case against patents: what does first-mover advantage tell us?
    For Kat readers who may not be aware, for more than a decade a professional literature has developed that is challenging the justification for maintaining a patent system, at least in its current form. Perhaps the most notable scholars…
Rank this Week: 21

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Apr 24

    So, that happened: MPAA Creativity Conference

    So, that happened: MPAA Creativity Conference
    The Motion Picture Association of America, in partnership with Microsoft and ABC NewsCreativity Conference(File under: you invited me!  Also, no surprise, the food was good and the perks nice—you could get your photo made in a…
  • Apr 24

    Deducting points for a 3-point landing in copyright claim

    Deducting points for a 3-point landing in copyright claim
    Horizon Comics Prods., Inc. v. Marvel Entertainment, LLC, No. 15-cv-11684 (D. Mass. filed Apr. 23, 2015): Newly filed; the claim is that movie Iron Man's armor infringes the copyright in another comic armored suit.  All I'll say…
  • Apr 24

    Ad agency liability for false advertising without scienter

    Ad agency liability for false advertising without scienter
    Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 1782661 (E.D. Mo. Apr. 20, 2015) Purina sued Blue Buffalo for false advertising of its dog food as “grain free” and containing “no chicken…
Rank this Week: 22

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Apr 24

    Anyone for a Jimmy John’s Freaky Fast Delivery?

    Anyone for a Jimmy John’s Freaky Fast Delivery?
    –Aaron Keller, Managing Principal, Capsule We appreciate brands with personality. From our studies of brands, there are way too many living in a pool of vanilla ice cream and wondering why their customers don’t engage. Brands need…
  • Apr 23

    Super Inspire Me!

    Super Inspire Me!
    I had the great fortune to attend the recent FUSE conference held in Chicago for design and branding professionals, and see Oscar-nominated documentary filmmaker Morgan Spurlock speak. My friend on the left is Kitty Hart from Capsule, who…
  • Apr 22

    Trolling for an Inventive Method for Patent Enforcement

    Trolling for an Inventive Method for Patent Enforcement
    In the wake of Jon Stewart and Stephen Colbert leaving their respective shows on Comedy Central for newer pastures, John Oliver has emerged as a new beacon of political humor and satire.  If you haven’t watched his show, and…
Rank this Week: 31

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/
  • Apr 24

    Bricolage Jurisprudence

    Bricolage Jurisprudence
    Brian BixMost people who use the terms at all treat “jurisprudence” and “legal philosophy” as interchangeable terms. In “Why Jurisprudence is Not Legal Philosophy,” Roger Cotterrell argues for a distinct…
  • Apr 22

    Fair Use Safe Harbors?

    Fair Use Safe Harbors?
    Michael C. Donaldson, Refuge From The Storm: A Fair Use Safe Harbor For Non-Fiction Works, 59 J. Copyright Soc’y U.S.A. 477 (2012), available at SSRN.Pam SamuelsonSo much has been written on the fair use case law in the U.S. that…
  • Apr 21

    An Intimate Look at the Rise of Data Totalitarianism

    An Intimate Look at the Rise of Data Totalitarianism
    Dave Eggers, The Circle, Vintage Books (2014).Niva Elkin-KorenOne of the greatest challenges faced by cyber scholars and policymakers is how to predict the undesired social consequences of technological developments and to design the best…
Rank this Week: 32

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Apr 22

    Marco Randazza SLAPPS back

    Marco Randazza SLAPPS back
    Spread the word. If you care about free speech anywhere, spread the word. https://t.co/CofJcTWNVt — Marc J. Randazza (@marcorandazza) April 22, 2015 My brother-from-another-mother Marc Randazza is obsessed these days, and…
  • Apr 20

    Federal Circuit on the THE SLANTS: Shut up about the constitution already

    Federal Circuit on the THE SLANTS: Shut up about the constitution already
    Remember when I said, and said, and said, the appeal involving the TTAB’s rejection of the trademark application for THE SLANTS was fundamentally about PTO procedure and hardly at a matter of constitutional law?  And that the…
  • Apr 15

    Trademarks — and Copyrights — in the Public Interest?

    Trademarks — and Copyrights — in the Public Interest?
    Originally posted 2005-09-26 18:31:09. Republished by Blog Post PromoterWired News reports: Transit officials in New York and San Francisco have launched a copyright crackdown on a website offering free downloadable subway maps designed to be…
Rank this Week: 46

IP in Brief

IP in Brief

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

http://www.ipinbrief.com
  • Mar 19

    Proving and Disproving Trade Secret Claim

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

    Proving Damages at Trial in Copyright Litigation

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

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

    Dos and Don’ts When Preparing for Trial in the Age of Social Media
    Andrew Berger is moderating a panel discussion at the Litigation Counsel of America‘s 2015 Spring Conference. The title of the program is Avoiding the Googling Mistrial: Dos and Don’ts When Preparing for Trial in the Age…
Rank this Week: 53

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Apr 15

    3 Count: Log Cabin

    3 Count: Log Cabin
    Joss Whedon sued over Cabin in the Woods, Universal Music settles class action lawsuit over royalties and IFPI takes on YouTube.
  • Apr 14

    Editors, Tutors, Authorship and Plagiarism

    Editors, Tutors, Authorship and Plagiarism
    In a world where almost all creativity has multiple creators, where do we take the idea of authorship and, with it, plagiarism?
  • Apr 14

    3 Count: Radio Parity

    3 Count: Radio Parity
    Fair Play Fair Pay act proposed to equalize music royalties, HarperCollins and Amazon reach a deal and Periscope talks piracy.
Rank this Week: 61

The Brewery Law Blog

The Brewery Law Blog

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

http://brewerylaw.com
  • Apr 22

    Washington Brewery Guest Taps – Applying the “25%” Rule

    Washington Brewery Guest Taps – Applying the “25%” Rule
    Are guest taps legal at Washington breweries? If you’ve been around town, you know the answer has to be yes. But, are there any restrictions on what a Washington brewery can pour at its taproom? Let’s dig in. In Washington,…
  • Apr 13

    Connect with Reiser Legal in Portland at CBC!

    Connect with Reiser Legal in Portland at CBC!
    Just as many of you are packing things up and heading over to beautiful PDX, Doug and I are also winding things down, locking the “shop,” and en route to the Craft Brewers Conference hoopla, too! We break our typical reporting to…
  • Apr 11

    Seattle Brewery Trademark Dispute Gets Acidic: Issues with “Tangerine Wheat”

    Seattle Brewery Trademark Dispute Gets Acidic: Issues with “Tangerine Wheat”
    Striking close to home, today I report on a Seattle brewery trademark dispute. Since it’s on my home court, it’s only fair if I wax a little poetic. As you might have read by now, Eureka, California’s Lost Coast…
Rank this Week: 86

Copyhype

Copyhype

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

http://www.copyhype.com/
  • Apr 24

    Friday’s Endnotes – 04/24/15

    Friday’s Endnotes – 04/24/15
    5 Seriously Dumb Myths About Copyright the Media Should Stop Repeating — John Degen kicks us off this Friday with a provocative and entertaining look at some of the common criticisms of copyright and authors’ rights. Judiciary…
  • Apr 22

    Copyright and Trade

    Copyright and Trade
    Last Thursday, Senators Hatch and Wyden and Representative Ryan introduced the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, commonly referred to as Trade Promotion Authority, or TPA. The bill provides a…
  • Apr 17

    Friday’s Endnotes – 04/17/15

    Friday’s Endnotes – 04/17/15
    Hatch, Wyden and Ryan Introduce Trade Promotion Authority Legislation — “The bill establishes new trade-negotiating objectives that reflect today’s economic challenges, including measures to combat currency manipulation, and…
Rank this Week: 121

Illinois Business Law Journal

Illinois Business Law Journal

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

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

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

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

    The Ride-Sharing Economy: Keeping Liability in the Rearview

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

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

    Two Sides of the Same [Bit]coin: Why Regulating Bitcoin Works in Its Favor
               The reality of the most notorious virtual currency is that it is only a matter of time before it comes under the purview of a regulatory body.  Bitcoin is a cryptocurrency that exists entirely…
Rank this Week: 125

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 150

Excess Copyright

Excess Copyright

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

http://excesscopyright.blogspot.com/
Rank this Week: 138

Copyright Litigation Blog

Copyright Litigation Blog

Review of copyright law, copyright litigation, art litigation and relevant current events. Discussions of recent case law and federal rules of civil procedure. By Ray Dowd.

http://copyrightlitigation.blogspot.com/
  • Apr 20

    European Fordham Law Alumni: Program In Paris on Nazi Looted Art June 26-27

    European Fordham Law Alumni: Program In Paris on Nazi Looted Art June 26-27
    I will be speaking on June 27 on Nazi art looting at the Sorbonne Law School in Paris France.  If you are a Fordham Law School alum, I hope you will consider joining us!  Thanks @fordhamlawnyc & @fordhamlawintlWelcome…
  • Apr 1

    Nazi Art Looting Program At Colorado Supreme Court - May 7, 2015

    Nazi Art Looting Program At Colorado Supreme Court - May 7, 2015
       Looted Masterpieces:The Ethical Implications of World War II Stolen ArtMay 7, 2015 at 5:00 p.m. Introduction by The Honorable Robert Bacharach, U.S. Court of Appeals for the Tenth Circuit Presented by Raymond J.…
  • Mar 15

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

    The Second Circuit, Nazi Looted Art, and Why Museums Are Letting ISIS Flourish
    Camille Pissaro - La Bergere Rentrant des MoutonsThe United States Court of Appeals for the Second Circuit has remanded a case against the University of Oklahoma brought by a Jewish woman seeking the return of a painting by Camille Pissaro…
Rank this Week: 166

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Apr 17

    17 Seconds #11

    17 Seconds #11
    17 Seconds: useful info quickly. Why do I like working with startups? There are many reasons. One of the biggest is that startups have the most intellectual property needs early in their lifecycle, and that’s precisely when Clocktower…
  • Mar 31

    LawLawLaw #37

    LawLawLaw #37
    Technology, Law, Baseball, Rock ‘n’ Roll. About LawLawLaw My name is Erik Heels, and this is my LawLawLawTM newsletter: subscribe at LawLawLaw.com. Since 2001, LawLawLaw has documented trends in technology, law (mostly patents and…
  • Mar 20

    Social Networking Expiration Date

    Social Networking Expiration Date
    Is your favorite social network budding, fresh, ripe, or rotten? Check Your Assumptions At The Door In the 1990s, writing business books was easy. So was picking stocks. Remember day trading? It’s easy to pick stocks (or write business…
Rank this Week: 160

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Apr 13

    Roundtable Discussion with PTO Director Michelle Lee

    Roundtable Discussion with PTO Director Michelle Lee
    This Thursday, April 16, 2015, at 9:00 am the Intellectual Property Law Association of Chicago (IPLAC) is hosting a roundtable discussion with the PTO’s new Director, Michelle Lee.  Here is how IPLAC describes the roundtable:…
  • Apr 7

    Indirect Infringement May be Pled Without Detailed Allegation

    Indirect Infringement May be Pled Without Detailed Allegation
    Marshall Feature Recognition, LLC v. Wendy’s Int’l, Inc., No. 14 C 865, Slip Op. (N.D. Ill. Mar. 4, 2015) (Coleman, J.). Judge Coleman denied Wendy’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Marshall Feature…
  • Apr 6

    Indirect Infringement May be Pled Without Detailed Allegation

    Indirect Infringement May be Pled Without Detailed Allegation
    Marshall Feature Recognition, LLC v. Wendy’s Int’l, Inc., No. 14 C 865, Slip Op. (N.D. Ill. Mar. 4, 2015) (Coleman, J.). Judge Coleman denied Wendy’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Marshall Feature…
Rank this Week: 165

Case Clothesed For Fashion Law

Case Clothesed For Fashion Law

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

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

    Artistic Expression: Fashion Friend or Faux Pas?

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

    Business of Fashion Part 1: Fashion Licensing

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

    Ready or Not: 3-D Printing

    Ready or Not: 3-D Printing
    Written By: Tracy Weintstein Technology, technology, technology. It is all we hear and read about, and whether we like it or not, technology is rapidly altering the world around us. Some are completely intrigued by it and some begrudgingly…
Rank this Week: 186

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Apr 26

    CBS Sunday Morning on April 26, 2015

    CBS Sunday Morning on April 26, 2015
    Lee Cowan did the stories for April 26.  David Pogue  did the cover, Hacked!   Second, Martha Teichner on paper weights.  Third, Lee Cowan on Helen Hunt.  Fourth, Scott Simon on cowboy cooking.  Tracy Smith, Mary…
  • Apr 25

    Judge Stark invalidates two IV patents under 101 on April 22

    Judge Stark invalidates two IV patents under 101 on April 22
    The memorandum opinion includes an interesting discussion of evidentiary burdens.
  • Apr 25

    The Dr. Oz response

    The Dr. Oz response
    In incidents of plagiarism, the accusers frequently have ulterior motives. The charges against Glenn Poshard at SIU  were likely motivated by treatment handed out to a professor.But it is not a defense to a charge of plagiarism to…
Rank this Week: 276

Photo Attorney

Photo Attorney

Covers legal issues for photographers. By Carolyn E. Wright.

http://www.photoattorney.com
  • Apr 24

    Copyright Office Issues a Notice of Inquiry on Photographs, Graphic Artworks, and Illustration

    Copyright Office Issues a Notice of Inquiry on Photographs, Graphic Artworks, and Illustration
    The U.S. Copyright Office has published a Federal Register notice requesting written comments on how certain visual works, particularly photographs, graphic artworks, and illustrations, are monetized, enforced, and registered under the…
  • Apr 15

    Musician’s Photo Release is a Rights Grab

    Musician’s Photo Release is a Rights Grab
    Meghan Trainor, the popular singer of “All About That Bass,” and her management company, Atom Factory Music, LLC, reportedly are making photographers and videographers sign a Release to get a photo credential at…
  • Apr 7

    Federal Lands Photography Rule

    Federal Lands Photography Rule
    When photographing on federal lands, it’s helpful to know the rules and carry a copy of them with you in case you are challenged. Here are links to them for your reference: National Park Service…
Rank this Week: 279

Recording Industry vs The People

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/
  • Apr 23

    Parameters set for statutory damages trial in UMG v Grooveshark

    Parameters set for statutory damages trial in UMG v Grooveshark
    In UMG v. Escape Media, UMG's case against the Grooveshark founders, the judge has rendered a decision setting some of the parameters for the statutory damages trial scheduled to begin next Monday. The jury will be instructed that the maximum…
  • Apr 3

    Capitol Records has spent over $12 million in attorneys fees in Capitol v. MP3Tune

    Capitol Records has spent over $12 million in attorneys fees in Capitol v. MP3Tune
    In Capitol Records v. MP3Tunes, a recent decision partially granting plaintiff's attorneys fees motion, indicated that plaintiff has spent over $12 million in attorneys fees... so far.April 3, 2015, Decision [Ed. note. Is it just me, or don't…
  • Apr 1

    Arista v Grooveshark trial set to begin April 27th

    Arista v Grooveshark trial set to begin April 27th
    A trial date has been set in one of the Grooveshark cases, Arista v. Escape Media. The trial will begin Monday, April 27th, in the courtroom of Judge Thomas P. Griesa, room 26B, at the federal courthouse, 500 Pearl Street, New York, New York…
Rank this Week: 196

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/
Rank this Week: 207

Internet Cases

Internet Cases

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

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

    Casual website visitor who watched videos was not protected under the Video Privacy Protection Act

    Casual website visitor who watched videos was not protected under the Video Privacy Protection Act
    A recent federal court decision from the Southern District of New York sheds light on what is required to be considered a “consumer” who is protected under the Video Privacy Protection Act (VPPA). The court held that a website…
  • Feb 20

    Complaint site does not have to identify its user

    Complaint site does not have to identify its user
    Petitioner filed an action in New York state court seeking to compel PissedConsumer.com to disclose the identity of the person or persons who posted certain statements to the site. These statements criticized petitioner for allegedly failing…
  • Jan 28

    internetcases turns 10 years old today

    internetcases turns 10 years old today
    Ten years ago today, somewhat on a whim, yet to fulfill a need I saw for discussion about the law of the internet in the “blogosphere” (a term we loved dearly back then), I launched internetcases. What started out as a one-page…
Rank this Week: 274

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
  • Apr 7

    What is the Origin of the Copyright Symbol (©)?

    What is the Origin of the Copyright Symbol (©)?
    This post about the origin of the copyright symbol (©) is based on my answer to a Quora question. See Why are the symbols of “©” and “®” used to identify copyrights and registered trademarks?…
  • Apr 1

    How can a Foreigner Open a Bank Account in the U.S.?

    How can a Foreigner Open a Bank Account in the U.S.?
    This post answers a question I have been asked many times: How can a foreigner open a bank account in the U.S.? This question usually is asked by foreign entrepreneurs. They want to start a business in the U.S. And to do so effectively, a…
  • Mar 27

    May a Minor Form an LLC?

    May a Minor Form an LLC?
    This post – asking “May a minor form an LLC?” – is a companion to May a Minor Form a Corporation? I have been wanting to write this post for more than two years, ever  since writing the corporation post referenced…
Rank this Week: 262

Lipton, Weinberger & Husick Blog

Lipton, Weinberger & Husick Blog

Covers intellectual property issues. By Adam G. Garson.

http://www.garson-law.com/blog
  • Sep 30

    Ask Dr. Copyright …

    Ask Dr. Copyright …
    Dear Doc: I read recently that music stars Robin Thicke, Pharrell “Hat” Williams and Clifford “TI” Harris Jr. have sued the late Marvin Gaye’s kids. Thicke and his buddies, according to the news, claim that they…
  • Sep 30

    Ask Dr. Copyright …

    Ask Dr. Copyright …
    Dear Doc: I read recently that music stars Robin Thicke, Pharrell “Hat” Williams and Clifford “TI” Harris Jr. have sued the late Marvin Gaye’s kids. Thicke and his buddies, according to the news, claim that they…
  • Sep 30

    LWH Scores Another Success Against Domainer

    LWH Scores Another Success Against Domainer
    Lipton, Weinberger & Husick (“LWH”) recently scored another success against domainer, Marchex, Inc.  Here’s some background. Domainers – those who speculate in domain names – set up web sites for…
Rank this Week: 189

K's law

K's law

Features extracts from recently published decisions of the Boards of Appeal of the EPO.

http://k-slaw.blogspot.com/
  • May 21

    Life Goes On

    Life Goes On
    I am aware of the following blogs that present decisions of the Boards of appeal on a regular basis:In English:• Jelle Terpsma publishes quite regularly on his EQE Tools website (here).• DeltaPatents has started blogging with 5…
  • Jan 8

    Two More For The Road

    Two More For The Road
    Perhaps some of my orphaned readers intend to do some case law blogging or to explore the wonderful world of fresh DG3 decisions on their own. I thought they might find the following useful. I have prepared two short notes on how I…
  • Jan 6

    Farewell

    Farewell
    As announced some time ago, I will become a member of the Boards of appeal in 2014, which means that I cannot be a case law blogger any more.I had the intention of continuing the blog for some more weeks, but as it turns out, I have run out…
Rank this Week: 298

Who Is Your Lawyer?

Who Is Your Lawyer?

Covers intangible assets, fair use and parody. By Robert Scott Lawrence.

http://whoisyourlawyer.com/
  • Oct 30

    The Unhelpful Trademark

    The Unhelpful Trademark
    Those of you who watch Hulu on a regular basis will have noticed the ubiquitous advertising that is increasingly crowded into all the popular shows. From two or perhaps three 30-second advertisements when Hulu debuted, viewers are now…
  • Jul 25

    Collaboration Blue

    Collaboration Blue
    This is a tale with a simple premise. You and a friend decide to collaborate on a screenplay. He’s got a great idea for Godzilla meets Colossus meets Gigantor meets angry mythological Greek from Wrath of the Titans, and you’ve got…
  • Mar 18

    Faulkner Goes Folksy On Fair Use

    Faulkner Goes Folksy On Fair Use
    This Faulkner Goes Folksy On Fair Use appeared first on Who Is Your Lawyer?Given that Wilson is time-travelling back to 1920s Paris at the time he makes the statement, it’s more a reflection of his actual condition (i.e., the past is…
Rank this Week: 290

Likely to be Confused - The Softer…

Likely to be Confused - The Softer Side of IP Law

Highlights recent appellate court decisions involving trademark, trade dress, copyright, and related issues. By Tom Casagrande.

http://secondarymeaning.blogspot.com/
  • Feb 4

    Ending this blog.

    Ending this blog.
    Since I now work for the USPTO, I believe it's imprudent to continue commenting on these appellate decisions, so I have decided to stop blogging on IP matters.  But feel free to drop by my wine blog at http://bighousewine.blogspot.com.  No…
  • Nov 10

    2d Cir.: Nike's broad covenant-not-to-sue for TM infringement kills jurisdiction over invalidity/cancellation DJ under MedImmune test

    2d Cir.: Nike's broad covenant-not-to-sue for TM infringement kills jurisdiction over invalidity/cancellation DJ under MedImmune test
    Nike was recently rewarded for pulling a potentially risky litigation move: trying to avoid a troublesome DJ/cancellation counterclaim by unilaterally issuing a broad covenant-not-to-sue. This move is a little like surrendering without…
  • Oct 25

    1st Circuit: Insurance Policy "Antitrust Exclusion" Also Excludes False Advertising/Labeling Claim

    1st Circuit: Insurance Policy "Antitrust Exclusion" Also Excludes False Advertising/Labeling Claim
    The First Circuit recently held that an insurer was not required to defend and indemnify its insured against claims for misleading product labeling.Accused of deceptive trade practices, false and misleading advertising, and deceptive labeling…
Rank this Week: 198

IPWatchdog.com | Patent Copyright…

IPWatchdog.com | Patent Copyright Trademark

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

http://www.ipwatchdog.com
  • Apr 26

    NASA innovates tech for fuel efficient air transportation

    NASA innovates tech for fuel efficient air transportation
    One area where NASA has been placing a fair amount of its research focus is in developing design features that allow for reductions in an aircraft’s weight and the amount of drag it creates. The aeronautical research agency has entered…
  • Apr 25

    When Should a Do It Yourself Inventor Seek Patent Assistance?

    When Should a Do It Yourself Inventor Seek Patent Assistance?
    When setting out on a new endeavor it is not wise to pursue a path to the end and then ask whether what you did was correct. You should seek help along the way to make sure you are doing what is required. Otherwise you are likely to get to…
  • Apr 24

    When It Comes To Patents, John Oliver Takes The Easy Way Out

    When It Comes To Patents, John Oliver Takes The Easy Way Out
    Mr. Oliver strongly misses the mark. It is not trial lawyers who are blocking the Innovation Act, as Mr. Oliver claims. Rather, it is a large swath of the technology community — from universities, to technology companies, to small…
Rank this Week: 511

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Apr 25

    Due Diligence Summit for Life Science

    Due Diligence Summit for Life Science
    ExL Events will be holding its 2nd Due Diligence Summit for Life Sciences on June 9-10, 2015 in Boston, MA. The conference will offer presentations on the following topics: • Organize and Support Due Diligence for Out-Licensing or…
  • Apr 25

    EU Pharmaceutical Law Forum

    EU Pharmaceutical Law Forum
    Informa Life Sciences will be holding its 24th Annual EU Pharmaceutical Law Forum on May 19-21, 2015 in Brussels, Belgium. The conference will offer presentations on the following topics: • Feedback from the EU Commission on competition…
  • Apr 23

    Fine-structure Genetic Mapping of Human Population in Britain

    Fine-structure Genetic Mapping of Human Population in Britain
    By Kevin E. Noonan -- One of the consequences of the explication of human genomic DNA by the Human Genome Project and related efforts has been a better understanding of anthropological history, i.e., how the human population has changed…
Rank this Week: 647

Domain Name Jurisprudence &…

Domain Name Jurisprudence & Commentaries on UDRP Cases

Review and analysis of cybersquatter cases decided under the Uniform Domain Name Resolution Policy. By Gerald M. Levine.

http://udrpcommentaries.wordpress.com
  • Apr 25

    Noteworthy Decisions April 2015

    Noteworthy Decisions April 2015
    Daredevil Brewing Company LLC v. Matthew O’Brien, FA150300 1608504 (Nat. Arb. Forum April 23 2015). Renewal of registration of domain name registered prior to complainant’s trademark right does not reset priority and “cannot…
  • Apr 10

    Garnishing Domain Name

    Garnishing Domain Name
    In the mid-1990s, domain names were seen primarily as addresses in cyberspace—much like telephone numbers or postal addresses to which they were analogized—rather than as assets of value in themselves. It quickly became apparent,…
  • Mar 7

    Authors and Domain Names: Claiming Rights to Personal Names, Characters and Title

    Authors and Domain Names: Claiming Rights to Personal Names, Characters and Title
    Optimally, authors should own their personal names or pseudonyms, book titles and characters but when it comes to purchasing domain names corresponding to them they may discover that someone has beaten them to the registrar. There are no…
Rank this Week: 431

Clancco: Art & Law

Clancco: Art & Law

Covers the relationship between art and law with a focus on intellectual property, nonprofit tax-exempt organizations, free speech, and contemporary art. By Sergio Muñoz Sarmiento.

http://clancco.com/wp
  • Apr 25

    First Amendment Protects AFDI Ad for MTA Buse

    First Amendment Protects AFDI Ad for MTA Buse
    On Tuesday, Judge Koeltl, a federal judge for the Southern District of New York, ordered the Metropolitan Transportation Authority (“MTA”) to display on its buses an advertisement, which criticizes Hamas and radical Islam, as…
  • Apr 24

    Jasper Johns Assistant Sentenced for Theft

    Jasper Johns Assistant Sentenced for Theft
    James Meyer, a former, longtime assistant to Jasper Johns who stole paintings from the artist’s Connecticut studio, was sentenced yesterday to 18 months in prison and ordered to pay restitution of $13.4 million to Johns and buyers of…
  • Apr 21

    A Moral Defense for Copyright Breach?

    A Moral Defense for Copyright Breach?
    The estate of Joseph Goebbels, Adolf Hitler’s minister of propaganda, is suing Random House for breach of copyright and demanding royalties over a biography of Goebbels which was published in Germany in 2010; the English edition is…
Rank this Week: 666

Hearsay Culture

Hearsay Culture

KZSU-FM (Stanford) Tech/Law Talk Show. Hosted by Dave Levine.

http://www.hearsayculture.com
Rank this Week: 530

Photo Attorney

Photo Attorney

Covers copyright and intellectual property law. By the Law Office of Carolyn E. Wright, LLC.

http://www.photoattorney.com/
  • Apr 24

    Copyright Office Issues a Notice of Inquiry on Photographs, Graphic Artworks, and Illustration

    Copyright Office Issues a Notice of Inquiry on Photographs, Graphic Artworks, and Illustration
    The U.S. Copyright Office has published a Federal Register notice requesting written comments on how certain visual works, particularly photographs, graphic artworks, and illustrations, are monetized, enforced, and registered under the…
  • Apr 15

    Musician’s Photo Release is a Rights Grab

    Musician’s Photo Release is a Rights Grab
    Meghan Trainor, the popular singer of “All About That Bass,” and her management company, Atom Factory Music, LLC, reportedly are making photographers and videographers sign a Release to get a photo credential at…
  • Apr 7

    Federal Lands Photography Rule

    Federal Lands Photography Rule
    When photographing on federal lands, it’s helpful to know the rules and carry a copy of them with you in case you are challenged. Here are links to them for your reference: National Park Service…
Rank this Week: 459

Trading Secrets

Trading Secrets

Covers trade secrets, non-competes and computer fraud. By Seyfarth & Shaw LLP.

http://www.tradesecretslaw.com/
  • Apr 23

    Webinar Recap! International Trade Secret and Non-Compete Law Update

    Webinar Recap! International Trade Secret and Non-Compete Law Update
    We are pleased to announce the webinar “International Trade Secret and Non-Compete Law Update” is now available as a podcast and webinar recording. In Seyfarth’s third installment of its 2015 Trade Secrets Webinar…
  • Apr 22

    Aggressive SEC Enforcement Efforts Regarding Confidentiality Agreements Will Continue

    Aggressive SEC Enforcement Efforts Regarding Confidentiality Agreements Will Continue
    By Ada W. Dolph In a post-script to the SEC’s April 1 cease and desist order penalizing KBR, Inc. for a confidentiality statement that failed to carve out protected federal whistleblower complaints (our alert on it here), SEC Office of…
  • Apr 20

    Forum Selection Clause in Non-Compete Agreement Unenforceable

    Forum Selection Clause in Non-Compete Agreement Unenforceable
    A contractual provision designating the exclusive venue for filing a breach of contract lawsuit was held to be trumped by a 100-year old statute requiring trial of such cases in the county of residence of at least one party. A&D…
Rank this Week: 627

TeleFrieden

TeleFrieden

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

http://telefrieden.blogspot.com/
  • Apr 23

    5 Reasons Why Consumers Hate Comcast

    5 Reasons Why Consumers Hate Comcast
         Comcast suffers from an unintended, but surely predictable consequence of its corporate strategies.  The company makes itself an easy target for scorn by taking every opportunity to maximize revenues.  Of…
  • Apr 22

    Google Wireless: This Could Get Big . . . Eventually

    Google Wireless: This Could Get Big . . . Eventually
                 It appears that Google soon will launch a lower cost, metered wireless service.  See…
  • Apr 7

    Rethinking Efficiency in Size and Vertical Integration

    Rethinking Efficiency in Size and Vertical Integration
           My Wharton education in economics has led me to assume that large firm can exploit greater economies of scale and scope.  Similarly vertically integrated firms—operating up and down an industry…
Rank this Week: 353

Shades of Gray

Shades of Gray

Analyzes current developments in copyright law, including case law, legislation, pleadings, discovery, motion practice, pretrial and trial procedure, and Copyright Office practice. By Naomi Jane Gray.

http://www.shadesofgraylaw.com/
  • Apr 21

    Pennies Not From HeavenAereo settles broadcasters’ claims in bankruptcy

    Pennies Not From HeavenAereo settles broadcasters’ claims in bankruptcy
    Aereo Inc. has reached a proposed settlement with the broadcasters that have sued it for infringing their copyrighted works.  The settlement would result in payment of $950,000 to the broadcasters in satisfaction of their claims seeking…
  • Apr 17

    Pandora’s Box:Turtles Actions Threaten to Upend Music Streaming Model

    Pandora’s Box:Turtles Actions Threaten to Upend Music Streaming Model
    Copyright law in the United States is almost exclusively governed by the federal Copyright Act, which preempts equivalent state laws.  As originally drafted, however, the Copyright Act of 1976 – the current iteration of the Act…
  • Oct 31

    Have a Noninfringing Halloween

    Have a Noninfringing Halloween
    Reprinted with permission.  Photo credit/copyright Kate Livingston. In honor of Halloween and my favorite Supreme Court justice, I present Ruth Baby Ginsburg.  May your Halloween be free from the horror of infringement. The post…
Rank this Week: 676

eMedia Law

eMedia Law

Covers internet marketing and online media. By Travis Crabtree.

http://www.emedialaw.com/
  • Apr 20

    Texas eMediaLaw Legislative Update: 2015

    Texas eMediaLaw Legislative Update: 2015
    It’s Spring in Texas which means one of two things – the bluebonnets are out and in odd years, our legislature is back at work.  One makes me grateful to be in Texas and the other only meets every other year.  Here…
  • Feb 26

    Will Net Neutrality Kill the Internet 3.0?

    Will Net Neutrality Kill the Internet 3.0?
    As expected, the FCC passed the net neutrality rules today.  Other than spokesmen for the large telecoms (and perhaps some politicians who listen to that lobby), you don’t hear much reasoned opposition to net neutrality. I have to…
  • Feb 11

    GUEST POST: Left Shark, Katy Perry and 3D Printing – Someone is getting bit

    GUEST POST: Left Shark, Katy Perry and 3D Printing – Someone is getting bit
    Today, we have a guest post from Gray Reed & McGraw attorney Cleve Clinton (the one on the far left).  He is one of the writers of the enlightening and entertaining blog over at Tilting the Scales where they share common sense,…
Rank this Week: 686

The University of Chicago Law…

The University of Chicago Law School Faculty Podcast

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

https://soundcloud.com/uchicagolaw
  • Apr 16

    Innovation And The Administrative State

    Innovation And The Administrative State
    Regulation can be a significant barrier to innovation, protecting incumbents and making it harder to bring new goods and services to market. Determining the appropriate regulation is all the more difficult when accelerating technology is…
  • Apr 6

    Alison LaCroix, "The Shadow Powers of Article I"

    Alison LaCroix, "The Shadow Powers of Article I"
    The Supreme Court's federalism battleground has recently shifted from the Commerce Clause to two textually marginal but substantively important domains: the Necessary and Proper Clause and, to a lesser extent, the General Welfare Clause. For…
  • Mar 19

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

    Omri Ben-Shahar, "The Unintended Effects of Access Justice Laws"
    Access Justice laws give people equal opportunity to enjoy primary goods, ensuring that access to these goods is not allocated by markets and is not tilted in favor of wealth and privilege. But Access Justice often fails to meet its…
Rank this Week: 354

Patent Prospector

Patent Prospector

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

http://www.patenthawk.com/blog/
  • Apr 8

    Disparate Legal Precedent

    Disparate Legal Precedent
    In Vasudevan v Tibco et al (CAFC 2014-1094), the district court managed a clean claim construction that went to accessing "disparate databases." It then ruled in summary judgment that the specification did not meet the written description…
  • Apr 8

    Controversy

    Controversy
    In Apotex v. Daiichi Sankyo v. Mylan (CAFC 2014-1281, -1292), the CAFC grabs the litigation cudgel that a district court refused to pick up because it did not perceive a controversy meriting litigation. The CAFC reversed, as the parties…
  • Mar 11

    Lost Credibility

    Lost Credibility
    In Warsaw Orthopedic v. Nuvasive, Southern California district court Judge Cathy Ann Bencivengo demonstrated her incompetence in patent law by granting damages inappropriately. A CAFC panel (CAFC 2013-1576, -1577) reminded: "a patentee is…
Rank this Week: 440

Lightbulb Blog by Dilanchian

Lightbulb Blog by Dilanchian

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

http://www.dilanchian.com.au
  • Mar 22

    Hidden costs of trade mark registration

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

    Transitioning China into a global IP power

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

    Are bloggers journalists?

    Are bloggers journalists?
    Are bloggers and those who post in social media journalists are Australian law? The question has important legal implications. The answer varies greatly depending on the area of law or legal context. A great deal has been written on the…
Rank this Week: 596

William Carleton, Counselor @ Law

William Carleton, Counselor @ Law

Covers legal and investment issues facing emerging tech companies.

http://www.wac6.com/wac6/
  • Feb 20

    First Cherry Blossom

    First Cherry Blossom
    Wet and temperate in Seattle this morning. And look, Spring!
  • Feb 9

    Lark & Environ

    Lark & Environ
    Interesting stuff going on at, let's call it 10th and Seneca, about a half block east of Broadway off Madison. Lark has recently moved there, and, based on one dinner experience at the new location, is as good or better...
  • Jan 25

    One Thousand Things Worth Knowing

    One Thousand Things Worth Knowing
    This weekend I've read Paul Muldoon's newly published collection of poems, "One Thousand Things Worth Knowing." (The dust jacket sports a very pleasing design by the ubiquitous Quemadura, a brilliant designer and a kind man I will…
Rank this Week: 415

OberIPWatch

OberIPWatch

Covers IP issues of importance to clients in science, technology, healthcare, education, media and the arts. By Ober Kaler.

http://oberipwatch.com/
Rank this Week: 477

UsefulArts.us

UsefulArts.us

Covers online branding and the law.

http://usefularts.us
  • Feb 9

    You Deserve Faster Internet, Phone Companies Want to Block Change by Law

    You Deserve Faster Internet, Phone Companies Want to Block Change by Law
    Phone companies have helped to put laws on near 20 states books to stop cities from providing fast, publicly-owned Internet access. Last month President Obama proposed that the FCC to strike down these rules, and guess who is fighting to…
  • Feb 2

    Nationwide Insurance Becomes a Meme for Ham Handed Super Bowl Ad

    Nationwide Insurance Becomes a Meme for Ham Handed Super Bowl Ad
    Nationwide insurance ran an ad that children die of preventable accidents couldn't have been worse placed without being a parody. The sad thing is their long form ad (not aired on the Bowl) got it right.
  • Feb 1

    Squaring Budweiser’s Bordello with Clydesdales and a Lost Puppy

    Squaring Budweiser’s Bordello with Clydesdales and a Lost Puppy
    Budweiser sponsors the NFL, a branded suite in a bordello and ads that sell their values but not their beer. This is how a half billion dollar ad budget ends up getting only a reported 4% share of drinkers 21 - 27. What's up with that?
Rank this Week: 419

LoTempio Law Blog

LoTempio Law Blog

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

http://www.lotempiolaw.com/
  • Feb 4

    Biotechnology and the Independent Inventor: Experiment

    Biotechnology and the Independent Inventor: Experiment
    Guest Blogger: Patent Attorney David Stephenson This is the first part in a series discussing issues facing the independent inventor in the field of biotechnology. In the field of biotechnology, the USPTO often requires that a patent…
  • Jan 9

    A Graphic History of Patent Law

    A Graphic History of Patent Law
    We post a lot about modern patent law issues, but sometimes it helps to take a step back and look at the bigger picture of the origins of patent law and its long, rich history. Recently, the University of Southern California put together…
  • Jan 5

    U.S. Supreme Court to decide if TTAB rulings matter

    U.S. Supreme Court to decide if TTAB rulings matter
    Guest Blogger: Ashley Ann Czechowski, University at Buffalo Law student On December 2, 2014, the U.S. Supreme Court heard oral arguments to decide if decisions by the Trademark Trial and Appeal Board (TTAB) to refuse or cancel registration of…
Rank this Week: 359

Ruling Imagination: Law and…

Ruling Imagination: Law and Creativity

Discusses the ways law rules creativity and law employs creativity. By Professor Peter Friedman.

http://blogs.geniocity.com/friedman
  • Feb 3

    The Geekiest Pants Ever

    The Geekiest Pants Ever
    Pants, which were heavily featured in the fall runway shows by such designers as Ralph Lauren and Calvin Klein, are making their way down to the moderate market, emerging as one of the season’s hot fashion categories. Moderate-price…
  • Jan 30

    Choose A San Diego SEO Company And Get A Fully Customized Digital Marketing Plan

    Choose A San Diego SEO Company And Get A Fully Customized Digital Marketing Plan
    San Diego SEO Companies have created numerous campaigns with search engine marketing and internet marketing for many companies located in the San Diego county area. With the use of search engine optimization, online business owners are…
  • Jan 22

    Hello world!

    Hello world!
    Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!
Rank this Week: 512