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Intellectual Property Network

Posts from membbers of the Intellectual Property Network on Ning.

http://ipestonia.ning.com/profiles/blog/list

May 21
$3000 Licensing Search in Stem Cell

$3000 Licensing Search in Stem Cell

Patexia is hosting a new contest looking for evidence of commercial uses and licensing opportunities for a method of generating a large quantity of neural progenitor cells by culturing whole bone marrow. Sources must demonstrate use by a…
May 21
INFOGRAPHIC: PATENT BOX EXPLAINED

INFOGRAPHIC: PATENT BOX EXPLAINED

The UK Patent Box tax regime came into effect on 1st April 2013. With the benefits of the regime now fully available to all UK companies, ClearViewIP took a look at the savings on offer, the criteria to meet and how the UK is shaping up in…
May 21
Lenovo settles with Patent Troll over User Interface Patent

Lenovo settles with Patent Troll over User Interface Patent

Case Filed: Oct 27, 2012 Case Closed: May 16, 2013…

Rank this Week: 10

43(B)log

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

http://tushnet.blogspot.com/

May 21
consumer who knows truth lacks standing for injunctive relief

consumer who knows truth lacks standing for injunctive relief

Mason v. Nature's Innovation, Inc., 2013 WL 1969957 (S.D. Cal.) Mason sued NI based on his purchase of Naturasil skin tag remover, based on representations on the label and website that Naturasil was an exclusive and 100% natural formula that…
May 21
court parses Lanham Act standing on statement by statement basi

court parses Lanham Act standing on statement by statement basi

FieldTurf USA Inc. v. TenCate Thiolon Middle East, 2013 WL 1963918 (N.D. Ga.) While this was mainly a breach of contract action, the court had occasion to resolve various Lanham Act false advertising/trademark and business tort issues. …
May 21
restitution for deception is the same as restitution for the underlying unfair practice

restitution for deception is the same as restitution for the underlying unfair practice

Gutierrez v. Wells Fargo Bank, No. 3:07-cv-05923 (N.D. Cal. May 14, 2013) Previous coverage here (9th Circuit) and here (earlier district court opinion). Plaintiffs challenged Wells Fargo’s “high-to-low” posting…

Rank this Week: 22

IPKat

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

http://ipkitten.blogspot.com/

May 21
Copyright and performance: reflections on a complex relationship

Copyright and performance: reflections on a complex relationship

Although this Kat has recently been living with a spotty connection, which almost cut him off the blogosphere for a week, he noticed that Professor Rebecca Tushnet published a new article on 'Performance Anxiety: Copyright…
May 21
Focusing one's sights on invalid dependent claim

Focusing one's sights on invalid dependent claim

Here are the conclusions from a recent case in the Patents Court (the last two paragraphs of the judgment with some explanatory notes added by the IPKat for context). 228. As appears from my treatment of the issues above, I have concluded…
May 20
Quibbling over minutiae? Or has something been overlooked? Concerns over UK implementation of the UPC Agreement and Unitary Patent

Quibbling over minutiae? Or has something been overlooked? Concerns over UK implementation of the UPC Agreement and Unitary Patent

This Kat has previously posted a couple of concerns about the implications of some details of the unitary patent and the Unified Patent Court Agreement - see here and here. Now this moggy is concerned about the UK ratification of this…

Rank this Week: 23

PlagiarismToday

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

http://www.plagiarismtoday.com

May 21
Just Who is a Content Creator Anyway?

Just Who is a Content Creator Anyway?

Many copyright commenters use the term creator or content creator regularly without thinking about its definition. So who is a content creator anyway?
May 21
3 Count: Fake Slim Shady

3 Count: Fake Slim Shady

Eminem sues Facebook over advertisement, UK ISPs ordered to block two sites and Khloe Kardashian pulls t-shirt after threat from New York state.
May 20
Copyright Implications of Yahoo Buying Tumblr

Copyright Implications of Yahoo Buying Tumblr

With news that Yahoo! is buying Tumblr, we have to stop a second and see how this will affect content creators, both off and on Tumblr.

Rank this Week: 27

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/

May 21
Prenda blows sanctions deadline, ordered to pay an extra $1,000 per day

Prenda blows sanctions deadline, ordered to pay an extra $1,000 per day

Today's the deadline to pay $81,000 in sanctions, and Prenda missed it.
May 21
Reporters use Google, find breach, get branded as “hackers”

Reporters use Google, find breach, get branded as “hackers”

Scripps reporters uncover mishandling of customer data; companies threaten to sue.
May 21
Tim Cook tells Congress why Apple won’t move $100 billion back home

Tim Cook tells Congress why Apple won’t move $100 billion back home

Senators ask why Apple moves profits into an Irish company that pays no taxes.

Rank this Week: 40

William Carleton, Counselor @ Law

Covers legal and investment issues facing emerging tech companies.

http://www.wac6.com/wac6/

May 21
Boldly embracing one's vowel-deficient way

Boldly embracing one's vowel-deficient way

I saw somebody on Twitter quote the comedian Albert Brooks, to the effect that Yahoo should next spend some money to buy a vowel (Tumblr being a second, prominent acquisition of a company that lacked the letter "e" in its...
May 20
House bill to impose a deadline on SEC JOBS Act rulemaking is narrower than you might think

House bill to impose a deadline on SEC JOBS Act rulemaking is narrower than you might think

The new bill speaks only to the new Reg A authorized by the JOBS Act, and not the other rulemaking required by the JOBS Act before other reforms go into effect.
May 19
Short videos from Maker Faire 2013

Short videos from Maker Faire 2013

I put about a dozen #makerfaire videos into a YouTube playlist.

Rank this Week: 50

IPBiz

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

http://ipbiz.blogspot.com/

May 21
Design patents on the upswing?

Design patents on the upswing?

From Forbes on the value of design patents:Now companies are seeking out design patents to go with their so-called utility patents to create a more impervious wall of protection around their successful products. It’s even conceivable…
May 20
Alexsam v. IDT at the CAFC

Alexsam v. IDT at the CAFC

The outcome of Alexsam v. IDT Defendant IDT Corporation appeals from the judgmentof the District Court for the Eastern District ofTexas determining that certain of IDT’s systems infringedclaims 57 and 58 of U.S. Patent No. 6,000,608…
May 20
Fexofenadine case: "substantially pure" has different meanings within one patent

Fexofenadine case: "substantially pure" has different meanings within one patent

Aventis/AMR vs. Mylan concerning fexofenadine.The decision is by a 2-1 vote.The initial part of the decision:Aventis Pharmaceuticals, Inc. and Albany MolecularResearch, Inc. (AMRI) (collectively “Appellants”) appeal astipulated…

Rank this Week: 56

THR, Esq.

Focuses on how the entertainment and media industries are impacted and influenced by the law. From The Hollywood Reporter.

http://thresq.hollywoodreporter.com/

May 21
Appeals Court Denies Ronald Tutor's Bid to Sell Movies Tied up in Bankruptcy Case

Appeals Court Denies Ronald Tutor's Bid to Sell Movies Tied up in Bankruptcy Case

The ruling is also a blow to David Bergstein as the appeals court affirms they were partners in five bankrupt companies. read more
May 21
Appeals Court Revives Ex-QB's Lawsuit Over 'NCAA Football' Game

Appeals Court Revives Ex-QB's Lawsuit Over 'NCAA Football' Game

In an important appeal that divided Hollywood, the Third Circuit sides with the likeness rights of celebrities over protections afforded by the First Amendment. (SAG 1, MPAA 0)read more
May 21
Hollywood Docket: Digital Music Class Action; Aereokiller Settlement; Snoop Lion Lawsuit

Hollywood Docket: Digital Music Class Action; Aereokiller Settlement; Snoop Lion Lawsuit

A roundup of entertainment law news including why a judge won't dismiss copyright claims against Apple and Google.read more

Rank this Week: 60

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com

May 17
Copyright: Creative is as creative doe

Copyright: Creative is as creative doe

Most of my writing here about copyright law concerns the misuse and abuse of its heavily pro-plaintiff provisions such that there is little or no incentive against the filing of meritless claims of infringement. In particular I have…
May 13
Free speech for hoser

Free speech for hoser

Originally posted 2007-04-04 23:38:57. Republished by Blog Post PromoterThe headline: “Canada to trademark [sic] ‘winter’ for 2010 Olympics.” The funny thing is I thought they already had a pretty good monopoly on…
May 13
The not so bright line

The not so bright line

The preamble of the Lanham Act Section 2 is followed by six lower-case–lettered sections, the fifth of which contains four separately numbered “grounds” on which it is permissible to refuse registration. No form of the…

Rank this Week: 79

Technology & Marketing Law…

Technology & Marketing Law Blog

Covers Internet, technology and online marketing legal issues. Published by Santa Clara University School of Law Professor Eric Goldman.

http://blog.ericgoldman.org/

May 21
Google Crushes Home Decor Center’s Trademark Challenge to AdWord

Google Crushes Home Decor Center’s Trademark Challenge to AdWord

By Eric Goldman Home Decor Center, Inc. v. Google, Inc., 2:12-cv-05706-GW-SH (C.D. Cal. May 9, 2013) Home Decor Center sued...
May 20
Suing Over Keyword Advertising Is A Bad Business Decision For Trademark Owners--General Steel v. Chumley (Forbes Cross-Post)

Suing Over Keyword Advertising Is A Bad Business Decision For Trademark Owners--General Steel v. Chumley (Forbes Cross-Post)

By Eric Goldman General Steel Domestic Sales, LLC v. Chumley, 2013 WL 1900562 (D. Colo. May 7, 2013) Trademark owners...
May 17
Judge’s Facebook Friendship With Victim’s Parent Does not Taint Proceeding -- Youkers v. Texa

Judge’s Facebook Friendship With Victim’s Parent Does not Taint Proceeding -- Youkers v. Texa

[Post by Venkat Balasubramani] Youkers v . Texas, No. 05-11-01407-CR (Tx. Ct. App. May 15, 2013) [pdf] Youkers was convicted...

Rank this Week: 97

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/

May 20
The Care and Feeding of Sticky Defaults in Information Privacy Law

The Care and Feeding of Sticky Defaults in Information Privacy Law

Lauren Willis, When Nudges Fail: Slippery Defaults, 80 U. Chi. L. Rev. ___ (forthcoming 2013) available at SSRN.Paul OhmIf Jotwell is meant to surface obscure gems of legal scholarship, which might go unnoticed otherwise, I might be missing…
May 17
The Brave New World of Identification

The Brave New World of Identification

Margaret Hu, Biometric ID Cybersurveillance, 88 Indiana L.J.__ (forthcoming 2013), available at SSRN.Mary FanThe memory seems almost quaint. While waiting with prosecutors in the hallway between indictments, an excellent customs…
May 15
Celebrating Federal Civil Rulemaking

Celebrating Federal Civil Rulemaking

Lonny Hoffman, Rulemaking in the Age of Twombly and Iqbal, U.C. Davis L. Rev. (forthcoming, 2013) available at SSRN.Brooke D. ColemanThe Federal Rules of Civil Procedure are 75 years old this year. Imagine a fete thrown in their honor-mini…

Rank this Week: 110

Patently-O

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

http://www.patentlyo.com/patent/

May 21
Motiva v. ITC and Nintendo

Motiva v. ITC and Nintendo

By Jason Rantanen Motiva, LLC v. International Trade Commission and Nintendo Co., Ltd. (Fed. Cir. 2013) Download 12-1252.Opinion.5-9-2013.1 Panel: Newman, Prost (author), O'Malley In order to bring a section 337 action in the International…
May 21
Guest Post: Monopoly Without Apology

Guest Post: Monopoly Without Apology

By Shubha Ghosh Without any surprise, even to those who wrote amici in support of the farmer in Bowman v. Monsanto, the Supreme Court ruled in favor of Monsanto last week. During oral arguments in February, the Court made it...
May 20
Supreme Court to hear another Case Involving Licensees in Good Standing who Challenge Patent Right

Supreme Court to hear another Case Involving Licensees in Good Standing who Challenge Patent Right

By Dennis Crouch Medtronic Inc. v. Boston Scientific Corp., Docket No. 12-1128 (Supreme Court 2013) The Supreme Court has granted a writ of certiorari in a license dispute involving giants of the medical device world – Medtronic and Boston…

Rank this Week: 111

Freedom to Tinker

Focuses on issues related to legal regulation of technology, and especially on legal attempts to restrict the right of technologists and citizens to tinker with technological devices. From Princeton Computer Science and Public Affairs Professor Ed Felten

http://www.freedom-to-tinker.com

May 21
Open-Source 3D Printing and Copyright Reform: It’s Time to Revisit Personal Use Copying

Open-Source 3D Printing and Copyright Reform: It’s Time to Revisit Personal Use Copying

Last week, I attended MSU’s Fifth Annual Conference on Innovation and Communications Law, where I saw a wonderful presentation by Joshua Pearce, an engineering and material sciences professor from Michigan Tech, on “distributed…
May 17
Blocking of Google+ Hangouts Android App

Blocking of Google+ Hangouts Android App

Earlier this week, online news sites started reporting the apparent blocking of Google’s Google+ Hangout video-chat application on Android over AT&T’s cellular network [SlashGear, Time, ArsTechnica]. Several of the articles…
May 16
CALEA II: Risks of wiretap modifications to endpoint

CALEA II: Risks of wiretap modifications to endpoint

Today I joined a group of twenty computer scientists in issuing a report criticizing an FBI plan to require makers of secure communication tools to redesign their systems to make wiretapping easy. We argue that the plan would endanger the…

Rank this Week: 115

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/home/corante/public_html/copyfight/

May 21
Let's Try a More Rational Legal Approach to 3D Printing Law

Let's Try a More Rational Legal Approach to 3D Printing Law

Last Sunday, Cory Doctorow posted a piece on Boingboing noting that (some) patent lawyers were going more or less off the deep end in overreacting to patent challenges around 3d printing. It's nice to know that not all lawyers share the…
May 19
Who Really Owns The Librarian of Congress?

Who Really Owns The Librarian of Congress?

As new legislation makes its way through the halls of Congress to try and fix the mess highlighted by the Librarian of Congress's refusal to extend a DMCA exemption on cell-phone unlocking an important question has arisen: to whom, exactly,…
May 18
It's a Cartel, Not a Class (Action)

It's a Cartel, Not a Class (Action)

Reuters reports (here on HuffPo) that U.S. District Judge Louis Stanton has denied a request by a group of "copyright owner" - which we understand to mean giant media corporations - to be certified as a class for class-action lawsuit status.…

Rank this Week: 119

ITC 337 Law Blog

Covers International Trade Commission cases and news. By Oblon Spivak.

http://www.itcblog.com

May 21
Graphics Properties Holdings Files New 337 Complaint Regarding Certain Consumer Electronics With Display And Processing Capabilitie

Graphics Properties Holdings Files New 337 Complaint Regarding Certain Consumer Electronics With Display And Processing Capabilitie

On May 17, 2013, Graphics Properties Holdings, Inc. of New Rochelle, New York (“GPH”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that the following entities…
May 21
Federal Circuit Affirms In Motiva Appeal (2012-1252)

Federal Circuit Affirms In Motiva Appeal (2012-1252)

On May 13, 2013, the Federal Circuit issued its opinion in Motiva, LLC v. Int’l Trade Comm’n (2012-1252). This was an appeal by Motiva, LLC (“Motiva”) from the International Trade Commission’s (the…
May 21
ALJ Essex Grants New Motion To Terminate Investigation As To Pantech In Certain Electronic Imaging Devices (337-TA-850)

ALJ Essex Grants New Motion To Terminate Investigation As To Pantech In Certain Electronic Imaging Devices (337-TA-850)

On May 13, 2013, ALJ Theodore R. Essex issued Order No. 26 (dated May 10, 2013) in Certain Electronic Imaging Devices (Inv. No. 337-TA-850). By way of background, ALJ Essex issued Order No. 21 granting Complainant FlashPoint Technology, Inc.…

Rank this Week: 128

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

May 21
Are Pharmaceutical Patents A Barrier to Access to Medicines? The Importance Economic Development and Growth

Are Pharmaceutical Patents A Barrier to Access to Medicines? The Importance Economic Development and Growth

Critics argue that pharmaceutical patents are a barrier to wide-reaching access to medicines, especially for vulnerable populations in the developing world. They cast their argument in the phrase, “Patents Kill” and advocate…
May 21
USPTO Modifies After Final Amendment Pilot Program

USPTO Modifies After Final Amendment Pilot Program

Last week the United States Patent and Trademark Office (USPTO) announced in the Federal Register that it would modified the After Final Consideration Pilot Program (AFCP) to create the After Final Consideration Pilot Program 2.0 (AFCP 2.0).…
May 21
Ranbaxy Fined, J&J Tylenol Scandal, Bayer Sued Over Vitamin

Ranbaxy Fined, J&J Tylenol Scandal, Bayer Sued Over Vitamin

Once again, a plethora of interesting events has occurred since the last time we stopped by. What was the biggest headline? That decision may be up for grabs, but certainly, the $500 million penalty paid by Ranbaxy Laboratories is high on the…

Rank this Week: 135

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/

May 20
Join Us Tonight - The Federal Bar Association Honoring Our Federal Defenders In the Eastern District of New York

Join Us Tonight - The Federal Bar Association Honoring Our Federal Defenders In the Eastern District of New York

Honoring Our Federal Defenders The Federal Bar AssociationInvites youto an event honoringOur Federal Defenders~ Introduction by ~The Honorable Chief Judge Carol Bagley AmonUnited States District Court Judge for the Eastern District of…
May 20
Art Law: Masterpieces and Mystery - Nazi Art Looting Presentation at Dayton Art Institute May 21

Art Law: Masterpieces and Mystery - Nazi Art Looting Presentation at Dayton Art Institute May 21

For those interested in art law and are in the vicinity of Dayton, Ohio, I hope that you will consider coming to my program sponsored by the Federal Bar Association and the Dayton Bar Association at the Dayton Art Institute on…
May 19
Nazi Looted Art and Cocaine: When Museum Directors Take It, It Call the Cop

Nazi Looted Art and Cocaine: When Museum Directors Take It, It Call the Cop

Egon Schiele's Girl with Black Hair - Stolen From Fritz Grunbaum When He Was In the Dachau Concentration Camp, now at the Allen Art Museum at Oberlin CollegeThe Rutgers Journal of Law and Religion, as part of their…

Rank this Week: 143

FOSS Patents

Covers software patent news and issues with a focus on wireless and mobile devices. By Florian Mueller.

http://www.fosspatents.com

May 21
Federal judge bars holder of standard-essential patents from enforcing ITC exclusion order

Federal judge bars holder of standard-essential patents from enforcing ITC exclusion order

An unprecedented decision came down yesterday in the Northern District of California, where a federal judge granted an implementer of the IEEE 802.11 (WiFi, or WLAN) standard a preliminary injunction against enforcement of a potential…
May 20
Judge confirms Google's right to jury trial on Microsoft's breach-of-FRAND-contract claim

Judge confirms Google's right to jury trial on Microsoft's breach-of-FRAND-contract claim

The breach-of-contract and related damages issues in the Microsoft v. Motorola FRAND contract case in the Western District of Washington will be put before a jury when the second trial in this litigation takes place (starting August 26,…
May 18
Google's FRAND-zero patent license for VP8 threatens to divide Web and FOSS communitie

Google's FRAND-zero patent license for VP8 threatens to divide Web and FOSS communitie

Google is already promoting the VP9 video codec, which may very well raise new patent issues, while pushing for adoption of VP8 as an Internet standard. But the patent license it has drafted for VP8 and just published doesn't meet the…

Rank this Week: 148

Copyhype

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

http://www.copyhype.com/

May 17
Friday’s Endnotes – 05/17/13

Friday’s Endnotes – 05/17/13

The Constitutional Foundations of Intellectual Property Law — Randolph May and Seth Cooper of the Free State Foundation look at some of the philosophical underpinnings that drove the inclusion of copyright and patent protection into the…
May 16
Copyright Review Principles and Consensu

Copyright Review Principles and Consensu

Zechariah Chafee, a godfather of 20th century legal philosophy, wrote an influential article on copyright law in the early twentieth century.1 At that time, technology was exploding: for the first time in history, it was not only possible to…
May 14
Book Review – Laws of Creation: Property Rights in the World of Idea

Book Review – Laws of Creation: Property Rights in the World of Idea

Are copyright protections anti-consumer and anti-innovation? And is copyright law currently broken? No, say legal scholars Ronald A. Cass (Dean Emeritus, Boston University School of Law, and President, Cass & Associates, PC) and Keith N.…

Rank this Week: 154

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

May 20
When It Comes to Masculinity, Art and Fair Use, SIZE MATTERS.

When It Comes to Masculinity, Art and Fair Use, SIZE MATTERS.

One of my favorite heavy metal guitarists, Dave Mustaine, has a great saying regarding talent: “It’s not the size of the pencil that matters, it’s how you write your name.” If only we could get over this preoccupation…
May 19
Transit Authority Unfairly Targets Renowned Artist

Transit Authority Unfairly Targets Renowned Artist

Hyperallergic questions whether or not New York City’s MTA is unfairly targeting street artist, Enrico Miguel Thomas. There is a legitimate policing function to the MTAPD, but repeatedly harassing a quiet, unobtrusive artist who has…
May 19
A Day of Piracy, Publishing, and Copyright at the Courtroom

A Day of Piracy, Publishing, and Copyright at the Courtroom

If you’re in London and interested in art & law, join me, professor Lionel Bently, Prodromos Tsiavos, and The Piracy Project at The Showroom for an afternoon of art, books, piracy, and copyright. With the recent Cariou v. Prince…

Rank this Week: 165

Eastern District of Texas Federal…

Eastern District of Texas Federal Court Practice

Devoted to practice in the U.S. District Court for the Eastern District of Texas, with special emphasis on patent litigation. By Michael C. Smith.

http://mcsmith.blogs.com/eastern_district_of_texas/

May 21
Motion to Reconsider Order Denying Motion to Sever Denied

Motion to Reconsider Order Denying Motion to Sever Denied

MicroUnity v. Acer, et al., 2:10cv91 (3/26/13) Judge: Roy Payne Holding: Motion For Reconsideration Of Order Denying Motion To Sever Certain Claims DENIED Qualcomm asserted that the Court’s prior ruling denying its prior motion to sever…
May 21
Chief Judge Leonard Davis Named Tex-ABOTA Jurist of the Year

Chief Judge Leonard Davis Named Tex-ABOTA Jurist of the Year

The 2013 TEX-ABOTA (American Board of Trial Advocates) Annual Award honorees were chosen in a vote at the TEX-ABOTA board meeting on May 18, 2013. The honorees listed below include East Texas’ own Chief Judge Leonard Davis, who was…
May 20
There Are Two Ways to Lose a Case in the Eastern District of Texas...

There Are Two Ways to Lose a Case in the Eastern District of Texas...

Alexsam v. IDT, 2012-1063-1064 (Fed. Cir. 5/20/13) Holding: Judgment of Infringement Reversed ... Except for the Part That Was a Discovery Sanction Long time practitioners in the Eastern District of Texas will have heard it from former judge…

Rank this Week: 167

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/

Apr 26
The Model Alliance: Fighting for Labor Rights in the Fashion Industry

The Model Alliance: Fighting for Labor Rights in the Fashion Industry

The Model Alliance is a “growing network of models and industry leaders dedicated to improving working conditions in the American fashion industry.” The Model Alliance works to give models in the industry a voice. Started by…
Apr 18
A “Shmuck” in Fashion

A “Shmuck” in Fashion

As with many fashion-obsessed souls, I have spent countless nights dedicated to the fashionable world created by Patricia Field in “Sex and the City.” Sarah Jessica Parker’s Carrie Bradshaw is whom I always identified with…
Apr 2
Polo Ralph Lauren Score Goal in Trademark Match Against the U.S. Polo Association

Polo Ralph Lauren Score Goal in Trademark Match Against the U.S. Polo Association

For years, Polo Ralph Lauren and the U.S. Polo Association have been hooking mallets over the use of their polo player trademarks. In 1984, the long battle between the U.S. Polo Association and Polo Ralph Lauren began. At the time, a…

Rank this Week: 191

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. Published by attorney R. David Donoghue.

http://www.chicagoiplitigation.com/

May 1
Preliminary Injunction Partially Entered in Trademark Suit

Preliminary Injunction Partially Entered in Trademark Suit

DR Distributors, LLC v. 21 Century Smoking, Inc., No. 12 C 50324, Slip Op. (N.D. Ill. Mar. 14) (Kapala, J.). Judge Kapala granted the agreed portions of plaintiff’s motion for preliminary injunction in this trademark case involving…
Apr 29
Courtesy Copies of Complaints Required by Local Rule 5.2(f)

Courtesy Copies of Complaints Required by Local Rule 5.2(f)

Eiserman & Assocs., LLC v. Rosen, No. 13 C 1315, Slip Op. (N.D. Ill. Mar. 12, 2013) (Shadur, Sen. J.). Zambezia Film Pty. Ltd. v. Does 1-33, No. 13 C 1323, Slip Op. (N.D. Ill. Mar. 12, 2013) (Shadur, Sen. J.). Zambezia Film Pty. Ltd. v.…
Apr 26
Arguments Disclosed in Summary Judgment are Preserved

Arguments Disclosed in Summary Judgment are Preserved

CBOE v. ISE, No. 07 C 623, Slip Op. (N.D. Ill. Mar. 6, 2013) (Lefkow, J.). Judge Lefkow granted in part plaintiff CBOE’s motion to strike defendant ISE’s expert witness in this patent case, as follows: This case was not governed…

Rank this Week: 192

Excess Copyright

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

http://excesscopyright.blogspot.com/

May 21
Access Copyright v. York University - Next Step Due on Thursday, May 23, 2013

Access Copyright v. York University - Next Step Due on Thursday, May 23, 2013

All eyes are on York University to see how it responds to Access Copyright's controversial lawsuit. York was given a routine 15 day consent extension of time to file its Statement of Defence.By my calculation, we should see…
May 17
The Future of Legal Education in Canada - Wine and Cheese with Bruce Feldthusen - Ottawa Couchiching Roundtable - May 27, 2013

The Future of Legal Education in Canada - Wine and Cheese with Bruce Feldthusen - Ottawa Couchiching Roundtable - May 27, 2013

Ottawa May 27, 2013Past RoundtablesRoundtables » Ottawa May 27, 2013The Future of Legal Education in CanadaWith Dean Bruce FeldthusenDean Bruce Feldthusen of the University of Ottawa Faculty of Law (Common Law) will speak…
May 3
CBC Fails to Obtain Security for Costs Order Midway Through Leuthold’s Appeal

CBC Fails to Obtain Security for Costs Order Midway Through Leuthold’s Appeal

On November 18, 2012 I wrote about the curious case of Ms. Catherine Leuthold, an American gardener and photographer, who believes that she is entitled to about $21.5 million in damages because the CBC inadvertently reused, without adequate…

Rank this Week: 203

Patent Docs

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

http://www.patentdocs.org/

May 20
CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

By Michael Borella -- A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party…
May 19
Court Report

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AbbVie Inc. v. Hetero USA Inc. et al. 1:13-cv-00852; filed May 15, 2013 in the District Court of Delaware • Plaintiff:…
May 19
Conference & CLE Calendar

Conference & CLE Calendar

May 21, 2013 - Ethics in IP Practice (Intellectual Property Law Association of Chicago) - Chicago, IL May 21-23, 2013 - Pharma Legal Affairs (IBC Life Sciences) - Shanghai, China May 27, 2013 - A Harmonized Patent World -- Are We Getting…

Rank this Week: 205

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/

May 21
A Question, a Funny and a Curiosity: Three Things Coming from a Trip to New York City

A Question, a Funny and a Curiosity: Three Things Coming from a Trip to New York City

First, the curiosity, when you see a gaggle of characters and then notice they all have “tip purses” in some form with their respective costumes, beware. In a visit with a media company in Times Square (Viacom specifically) we had…
May 19
The Most Famous Bottle Design, Forever?

The Most Famous Bottle Design, Forever?

Coca-Cola settled on its famous contour bottle design almost 100 years ago, in 1916, after several years of trials with other far less distinctive shapes (at least under today’s standards): Federal trademark registration data confirms…
May 17
Oreo: interactive food, interactive brand

Oreo: interactive food, interactive brand

Oreo consistently receives media attention and accolades for their use of non-traditional media. They have created numerous memorable advertising moments through their twitter account. The stand out is of course their Super Bowl power outage…

Rank this Week: 212

Blog Law Blog

Covers the legal aspects of blogging. Topics include blog-related intellectual property law, Internet regulation, defamation, and censorship, as well as how blogs are used as evidence and authority in the courts. By Professor Eric E. Johnson.

http://bloglawblog.com/blog/

May 21
Moore Tornado

Moore Tornado

TweetThe terrible tornado that hit Moore, Oklahoma was just a few miles north of where I live in Norman. It was visible from the hill where I live – although only indirectly. The funnel could not be seen through the rain, but the power…
May 17
Would Bloggers Be Covered By a Federal Shield Law?

Would Bloggers Be Covered By a Federal Shield Law?

TweetSince the news of the Justice Department getting their hands on phone records of the Associated Press – without the AP’s cooperation – there has been new talk of a federal shield law. But how broad would the shield law…
May 16
Famed Media Lawyer James C. Goodale Calls Out Obama on Press Freedom

Famed Media Lawyer James C. Goodale Calls Out Obama on Press Freedom

TweetFamous media lawyer James C. Goodale (who I was lucky enough to meet when I was a summer associate at his law firm in New York in 1999), has written a provocative piece for the Daily Beast that I think is worth a read: Is Obama Worse For…

Rank this Week: 222

CommLawBlog

Covers developments in the entire range of issues addressed by the Federal Communications Commission in its regulation of spectrum-related activities, as well as copyright, trademark, First Amendment and Internet issues. By Fletcher, Heald & Hildreth.

http://www.commlawblog.com/

May 21
The FCC Asks: Should Government and Private Users Share Radio Facilities?

The FCC Asks: Should Government and Private Users Share Radio Facilities?

Proposals for satellite and space operations call for new commingling of spectrum operations. This Notice of Proposed Rulemaking (NPRM) looks to alter the way in which certain spectrum is to be shared between the government and…
May 21
NCE On-Air Fund-Raising For Oklahoma Tornado Relief Effort

NCE On-Air Fund-Raising For Oklahoma Tornado Relief Effort

FCC announces procedures for waiver requests by noncommercial broadcasters. The time has come, yet again, for broadcasters to respond to a natural catastrophe with their characteristic humanity, offering help wherever and whenever…
May 15
FCC Turns Down Use of 14.0-14.5 GHz for Critical Infrastructure Communication

FCC Turns Down Use of 14.0-14.5 GHz for Critical Infrastructure Communication

Rulemaking petition denied on grounds relating to auction, interference and frequency coordination. The Wireless and International Bureaus and the Office of Engineering and Technology (Bureaus) have denied a 2008 petition by the Utilities…

Rank this Week: 220

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/

May 17
Magistrate judge recommends severance, dismissal, and quashing of subpoenas in Elf-man v Does 1-57 in Oregon

Magistrate judge recommends severance, dismissal, and quashing of subpoenas in Elf-man v Does 1-57 in Oregon

In Elf-man v. Does 1-57, and several other cases brought by Elf-man, LLC, in Oregon, the Magistrate Judge has recommended that the cases be severed and dismissed as to all Does other than Doe #1, and that the subpoenas as to those parties be…
May 17
Severance, dismissal, and quashing of subpoenas granted in Oregon in Voltage Pictures v Does 1-198

Severance, dismissal, and quashing of subpoenas granted in Oregon in Voltage Pictures v Does 1-198

In Voltage Pictures v. Does 1-198, and certain companion cases, the District Court of Oregon has severed and dismissed, and quashed the subpoenas, as to all Does other than Doe #1, both on the ground that allegations of being in a BitTorrent…
May 15
Aereo moves for summary judgment dismissing remaining claim

Aereo moves for summary judgment dismissing remaining claim

In WNET v. Aereo, and its companion case, defendant has moved for summary judgment dismissing the remaining claims, in the wake of last month's Second Circuit ruling affirming denial of plaintiffs' preliminary injunction motion.Defendants'…

Rank this Week: 225

Cardozo Art Law Society

Blawg follows the Art Law community in New York and seeks to create a centralized resource for Art and Cultural Heritage Law in the United States.

http://www.itsartlaw.com/

May 20
Attorney's Appeal for Intervention Against Museums Addicted to Nazi Looted Art

Attorney's Appeal for Intervention Against Museums Addicted to Nazi Looted Art

In an article with a cheeky title and a noble purpose, Raymond J. Dowd, Partner with Dunnington Bartholow & Miller LLP argues that the procedural or "technical" defenses, such as the statute of limitation or laches, should not…
May 20
"What's in a Name?" Peter Paul Biro v. Condé Nast for Defamation

"What's in a Name?" Peter Paul Biro v. Condé Nast for Defamation

"Sticks and stones may break my bones But names will never hurt me." 19th Century English nursery rhyme It is hard to believe that there ever was a time when name calling was innocuous. In 2011, Peter Paul Biro, a Canadian…
May 20
Mayan Temple Destroyed "Savagely"

Mayan Temple Destroyed "Savagely"

The Mayan Nohmul complex was destroyed last week. Its stones were sold as road building material. On May 13th, archaeologists and government officials in Belize discovered that the Nohmul complex site was destroyed. It was one of the…

Rank this Week: 250

Trade Secret Litigator Blog

Covers trade secret, covenant not to compete and cybersecurity law. . By Hahn Loeser.

http://www.hahnloeser.com/tradesecretlitigator/

May 19
The State of Cybersecurity Law in 2013 (Part 1): Where's The Beef?

The State of Cybersecurity Law in 2013 (Part 1): Where's The Beef?

In the course of preparing the Mid-Year Review for Trade Secrets law for the AIPLA's Spring Meeting, I had an opportunity to step back and evaluate what is really going on from a legal standpoint in the burgeoning area of cybersecurity. …
May 18
Episode 8 of the Fairly Competing Podcast: Has The Time Come for a Federal Trade Secrets Statute?

Episode 8 of the Fairly Competing Podcast: Has The Time Come for a Federal Trade Secrets Statute?

Kenneth Vanko, Russell Beck and I have completed our eighth Fairly Competing Podcast, "Has the Time Come for a Federal Trade Secrets Statute?" In Episode 8, Russell, Ken and I discuss the need for a federal statute for civil claims of…
May 17
AMD v. Feldstein: Massachusetts Federal Court Finds Misappropriation Does Not Require Proof of Actual Use of Trade Secrets (Hint: What Should Happen When An Employee Downloads One Million Files Before Leaving)

AMD v. Feldstein: Massachusetts Federal Court Finds Misappropriation Does Not Require Proof of Actual Use of Trade Secrets (Hint: What Should Happen When An Employee Downloads One Million Files Before Leaving)

In an important decision issued on Wednesday, a Massachusetts federal court has found that the absence of proof of actual use of the trade secrets was not fatal to claims brought by Advanced Micro Devices, Inc. (AMD) against four of…

Rank this Week: 263

Law, Technology & Arts Blog

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

http://wjlta.wordpress.com/

May 20
The Appropriation Artist Currently Known as Prince

The Appropriation Artist Currently Known as Prince

By Chris Young You know you have made it as a photographer, when your work is appropriated by an artist well known for relying on other artists’ copyrighted material. Last month, the Court of Appeals for the Second Circuit reversed a…
May 13
Could Trademark Litigation Force the Washington Redskins to Change Their Name?

Could Trademark Litigation Force the Washington Redskins to Change Their Name?

By Pedro Celis In Blackhorse v. Pro Football, Inc., a group of Native American plaintiffs is challenging several of the Washington Redskins’ trademarks before the Trademark Trial and Appeal Board (TTAB). They claim that the Redskins…
May 3
Don’t Mix with the Sixth!

Don’t Mix with the Sixth!

By Abby St. Hilaire Music sampling has become a mainstay in nearly all genres of popular music. Sampling involves selecting portions of pre-existing sound recordings to use as components of new musical compositions. The amount of work…

Rank this Week: 283

SpicyIP

Covers Indian intellectual property law and policy.

http://www.spicyipindia.blogspot.in/

May 21
SpicyIP Tidbit: IPXI releases latest edition of its Rulebook.

SpicyIP Tidbit: IPXI releases latest edition of its Rulebook.

The IPXI (Intellectual Property Exchange International) is the world's first financial exchange for licensing and trading intellectual property rights. My previous post on this can be found here. The IPXI, last week, released the…
May 21
The Times Publishing House threatens to sue our blogger for alleged defamation - we ain't going down without a fight!

The Times Publishing House threatens to sue our blogger for alleged defamation - we ain't going down without a fight!

Aparajita Lath - SpicyIP BloggerTake a good hard look at the photograph on the right. It’s a photograph of one of our youngest bloggers – Aparajita Lath, an innocent 22 year old gifted law student at the National University of…
May 19
Microsoft v. Motorola: A FRAND-ly formula for fixing royalties?

Microsoft v. Motorola: A FRAND-ly formula for fixing royalties?

The ‘FRAND wars’ hit India earlier this March with Swedish based Ericsson suing Mircomax Informatics Ltd. for alleged infringement of their standard essential patents (SEPs) relating wireless technology standards. As an interim…

Rank this Week: 291

In Between Cases

Covers copyright, fair use, and sometimes trademark. By Christopher F. Meatto.

http://harvardlaw74.com

May 16
I am Mentoring at Regis Tech Accelerator Summer 2013

I am Mentoring at Regis Tech Accelerator Summer 2013

Regis Tech Accelerator to Launch Inaugural Summer Academy in June I am Regis Class of XX. The Number One Jesuit high school in the nation, located on the Upper East Side of New York City. This summer, the Regis Tech Accelerator (RTA), an…
Apr 28
AngelList and Y Combinator Funders Club Approved to Crowdfund

AngelList and Y Combinator Funders Club Approved to Crowdfund

“The Securities and Exchange Commission is making way for a number of startups and online investment platforms to enable startups to crowdsource investment. Early last week, Y Combinator-backed FundersClub received notice from the SEC…
Apr 25
Never Agree to a 60 Second Pitch

Never Agree to a 60 Second Pitch

The gladiators hung up their swords and chains over two centuries ago. While the 60 second pitch might be convenience for the Attention Deficit Disorders of venture capitalists and angel investors, it hardly ever favors the entrepreneur. Here…

Rank this Week: 312

IP Thinktank

Covers intellectual property strategy around the world. By Duncan Bucknell.

http://duncanbucknell.com/ipthinktank.blog

Jan 13
The pointy end of patent strategy – claim construction with the OUP Claim Construction Thesauru

The pointy end of patent strategy – claim construction with the OUP Claim Construction Thesauru

It doesn’t really matter how strategic you think you are, if you can’t access a pragmatic and clear construction of patent claims, you’re in trouble. While patent terms always come back to the context of the specification…
Dec 24
Happy holiday

Happy holiday

From all of us at Think IP Strategy, we wish you peace and joy this Christmas and we hope that 2013 holds much happiness and many successes for you! Image credit: Y0$HlMl Please do visit our site to see the rest of this post.
Dec 13
R&D Planning or R&D Direction

R&D Planning or R&D Direction

Guest post by Robert Cantrell R&D planning is a misnomer given the truth that no plan survives first contact with adversity. R&D involved experimentation, which essentially means to try something and see what happens because you…

Rank this Week: 310

Photo Attorney

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

http://www.photoattorney.com

May 21
Diary of a Copyright Infringement Lawsuit – 10 (Other Discovery-Depositions)

Diary of a Copyright Infringement Lawsuit – 10 (Other Discovery-Depositions)

As discussed previously, the parties may conduct “discovery” of the case by to prepare for trial. In sum, the goal is to learn what are the other side’s strengths and weaknesses, which may prompt settlement before…
May 8
Must Read: Six Ways to Keep your Digital Images from Becoming “Orphan Works”

Must Read: Six Ways to Keep your Digital Images from Becoming “Orphan Works”

Check this great article by David Riecks on how to protect your images - Six Ways to Keep your Digital Images from Becoming “Orphan Works” You just finished reading Must Read: Six Ways to Keep your Digital Images from…
May 2
Nimmer on Copyright: Celebrating 50 Year

Nimmer on Copyright: Celebrating 50 Year

The U.S. Copyright Office will host a Copyright Matters program on May 6, 2013, at 3:00 p.m. in the Coolidge Auditorium of the Library of Congress. A panel of experts will address “Nimmer on Copyright: Celebrating 50…

Rank this Week: 317

Delaware IP Law Blog

Covers case analysis and commentary on intellectual property law. Published by Young Conaway Stargatt & Taylor, LLP.

http://www.delawareiplaw.com/

May 21
Judge Sleet denies defendants’ request to file motion for summary judgment

Judge Sleet denies defendants’ request to file motion for summary judgment

In Edwards Lifesciences LLC, et al. v. Medtronic CoreValve LLC, et al., C.A. No. 12-23-GMS (D. Del. May 13, 2013), Chief Judge Gregory M. Sleet recently issued an Order denying defendants’ letter request to file a motion for summary…
May 21
Judge Thynge issues early claim construction order at request of partie

Judge Thynge issues early claim construction order at request of partie

In two consolidated actions, Magistrate Judge Mary Pat Thynge recently issued a Memorandum Order construing the term “promotional code” in U.S. Patent Nos. 5,717,866, entitled “Method for comparative analysis of consumer response to…
May 17
Judge Sleet construes claims in ANDA litigation

Judge Sleet construes claims in ANDA litigation

In Pfizer Inc. et al. v. Sandoz Inc., C.A. No. 12-654-GMS-MPT (D. Del. May 7, 2013), Chief Judge Gregory M. Sleet recently issued an order construing the following six disputed terms of U.S. Patent No. 8,026,276, which is alleged to...

Rank this Week: 322

IP in Brief

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

http://www.ipinbrief.com

Jan 28
The Art of the Deal: How to Draft and Negotiate an IP Deal; Part I

The Art of the Deal: How to Draft and Negotiate an IP Deal; Part I

I recently spoke at a CLE at my firm about how to successfully draft key provisions in an intellectual property license and negotiate them. Here is an edited transcript that I post in two pieces. In this first one I offer…
Jan 21
The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transaction

The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transaction

Andrew, joined by his colleagues Mark Grossman and Don Prutzman, will speak at the firm on Thursday morning January 24, 2013, on the art of the deal: how to negotiate intellectual property and technology transactions. The seminar will…
Dec 27
Oral Argument in the Second Circuit in Aereo Suggests that a Reversal Is in the Offing

Oral Argument in the Second Circuit in Aereo Suggests that a Reversal Is in the Offing

The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more than 45 minutes) and spirited. The transcript is here. But the…

Rank this Week: 357

K's law

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

http://k-slaw.blogspot.com/

May 20
T 724/08 – Hard To Find – So What?

T 724/08 – Hard To Find – So What?

In this case the Board inter alia discussed the admissibility of documents filed together with the statements of ground of appeal.*** Translation of the German original ***[3.1] The main purpose of inter partes appeal proceedings is to offer…
May 19
T 2373/11 – All Too Literal

T 2373/11 – All Too Literal

This is an appeal of an applicant whose application had been refused by the Examining Division (ED).The applicant explained that he had been deprived of oral proceedings (OPs).*** Translation of the German original ***Violation of the right…
May 16
T 1125/10 – Passivity Breeds Doom

T 1125/10 – Passivity Breeds Doom

This is a revocation appeal.When summoning the parties to oral proceedings (OPs), on October 16, 2009, the Opposition Division (OD) expressed its provisional opinion according to which the prior art on file did not destroy the novelty and…

Rank this Week: 374

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/

May 21
Prosecution Bar does not Extend to Inter Partes Review Except as to Amendment of Claim

Prosecution Bar does not Extend to Inter Partes Review Except as to Amendment of Claim

The court granted in part plaintiff's motion to allow two of its litigation attorneys to participate in the inter partes review of the patents-in-suit. "[Plaintiff] asserts that the inter partes proceeding will not implicate competitive…
May 20
Damages Calculation Based on Profits from Sales Made with Accused Gift Cards not Improper

Damages Calculation Based on Profits from Sales Made with Accused Gift Cards not Improper

The court denied defendant's motion to exclude the testimony of plaintiff's damages expert as to profits attributable to sales of accused gift cards. "According to [defendant], [plaintiff's damages expert] attributes all profits from…
May 17
Inadvertent Production of Counsel’s Analysis Acknowledging Weakness of Infringement Claim did not Justify § 1927 Sanction

Inadvertent Production of Counsel’s Analysis Acknowledging Weakness of Infringement Claim did not Justify § 1927 Sanction

The court denied defendants' motion for sanctions under 28 U.S.C. § 1927 after plaintiff inadvertently produced a document regarding the weakness of its claim. "[28 U.S.C. § 1927] allows sanctions when an attorney has pursued a…

Rank this Week: 391

Trading Secrets

A blog on trade secrets, non-competes and computer fraud. Published by Seyfarth & Shaw LLP.

http://www.tradesecretslaw.com/

May 21
Protecting Confidential Information and Client Relationships in the Financial Services Industry Webinar

Protecting Confidential Information and Client Relationships in the Financial Services Industry Webinar

Please join us for a complimentary webinar entitled Protecting Confidential Information and Client Relationships in the Financial Services Industry on May 23rd at 12:00 p.m. – 1:00 p.m. c.s.t. The fourth webinar of the 2012…
May 20
New Jersey Assembly Passes Revised Employee Social Media Privacy Bill

New Jersey Assembly Passes Revised Employee Social Media Privacy Bill

By Carlos Lopez, Caroline Keller and Chris Lowe The New Jersey General Assembly voted today on a new version of an employee social media privacy bill which incorporates revisions suggested by Governor Chris Christie when he conditionally…
May 13
No Damages? Illinois Federal Court Tosses Computer Fraud and Abuse Act Claim Alleging Hacking of Law Firm Network

No Damages? Illinois Federal Court Tosses Computer Fraud and Abuse Act Claim Alleging Hacking of Law Firm Network

An Illinois federal court recently found in the favor of the defendant on a plaintiff’s Computer Fraud and Abuse Act claim because the plaintiff allegedly failed to satisfy the statute’s $5,000 damages threshold. The…

Rank this Week: 393

The TTABlog

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

http://thettablog.blogspot.com/

May 21
Test Your TTAB Judge-Ability: Must NATURALLY be Disclaimed in NATURALLY POWERED for All-Natural Beverages?

Test Your TTAB Judge-Ability: Must NATURALLY be Disclaimed in NATURALLY POWERED for All-Natural Beverages?

The PTO refused registration of the mark NATURALLY POWERED for "all-natural coconut-based beverages," because Applicant Zico refused to disclaim the word NATURALLY. The Examining Attorney insisted that NATURALLY is merely descriptive of the…
May 20
WYHA? TTAB Affirms Mere Descriptiveness Refusal of PADPIVOT for Pad Computer Stand

WYHA? TTAB Affirms Mere Descriptiveness Refusal of PADPIVOT for Pad Computer Stand

Examining Attorney Alice Benmaman issued a Section 2(e)(1) refusal of the mark PADPIVOT, deeming it merely descriptive of a "[s]tand specially adapted for holding tablet computers, PC tablets, pad computers, digital book readers and…
May 16
Test Your TTAB Judge-Ability: Are ROUGH COUNTRY and WILD COUNTRY Confusable for Tires?

Test Your TTAB Judge-Ability: Are ROUGH COUNTRY and WILD COUNTRY Confusable for Tires?

TBC Trademarks, LLC, owner of the registered mark WILD COUNTRY for tires, opposed Heckethorn Products' application to register ROUGH COUNTRY for "tires for off road vehicles and trucks," claiming a likelihood of confusion under Section 2(d).…

Rank this Week: 409

Afro-IP

Covers African intellectual property news and views.

http://afro-ip.blogspot.com/

May 20
RSA: Appeal decision on the Swartkops v Cerebos passing off matter

RSA: Appeal decision on the Swartkops v Cerebos passing off matter

Jeremy Speres has pointed out that the appeal decision on the matter between Swartkops and Cerebos was handed down on 10 May 2013. Swartkops unsuccessfully sued Cerebos for passing off claiming that the get up of Cerebos' Buffalo braai salt…
May 19
A review of African official IP websites: no.45: South Africa

A review of African official IP websites: no.45: South Africa

Today, we find ourselves in South Africa (SA) in search of any development since our visit back in April 2012. This Leo is pleased to report that SA's intellectual property (IP) office, CIPC, still lives online albeit experiencing…
May 16
Observations of a Patent Lawyer in Kenya 5: Frustrating Law

Observations of a Patent Lawyer in Kenya 5: Frustrating Law

When an inventor comes to CIPIT seeking patent help, there is one part of the conversation that I always dread: section 55.Sisyphus, Titian, 1549Section 55 of the Industrial Property Act (i.e., the Kenyan patent law) deals with enforcement of…

Rank this Week: 418

QuestionCopyright.org

Covers copyright and freedom-based distribution methods for artists.

http://questioncopyright.org/

Apr 19
Make Art, Not Law.

Make Art, Not Law.

QCO Artist-in-Residence Nina Paley's interview with at Baixa Cultura, conducted by email with journalist and photographer André Solnik. The English below is the original; Baixa Cultura translated Nina's answers. 1. When your interest…
Apr 1
Lascaux Cave Painter Descendents to Recover Royaltie

Lascaux Cave Painter Descendents to Recover Royaltie

April 1, 2013 - AP. Lawyers representing the 631 million known descendants of the painters of the famous Lascaux Cave paintings announced today a far-reaching plan to recover royalties from the more than 70 years of modern-era…
Mar 7
Brains in Jails: Bad Metaphors Make Bad Journalism

Brains in Jails: Bad Metaphors Make Bad Journalism

There's been a persistent mistake in coverage of the Aaron Swartz case -- a bad metaphor, but more serious than just a bad metaphor. It's a mis-framing that pulls people's attention away from what actually happened and lulls them into a…

Rank this Week: 420

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

May 9
Corporate Business Filings Joins Hall of Shame

Corporate Business Filings Joins Hall of Shame

A couple of weeks ago a client emailed me with great concern. He received a letter that looked like a government demand for $225, lest a penalty of $250 be imposed by the state. It turns out that the letter was not from the state, but from…
May 7
Corporate Directors in California Can Inspect (Almost) Anything

Corporate Directors in California Can Inspect (Almost) Anything

I have written about shareholders’ rights to inspect corporate financial records and shareholder lists. This post discusses directors’ far greater inspection rights. California Corporations Code Section 1602 states: Every director…
May 3
Who Gets to See the Shareholder List?

Who Gets to See the Shareholder List?

The founder of a closely-held corporate client, knowing that some employees soon would be shareholders, recently asked whether those employee-shareholders would have the right to find out how many shares he owns. Here is the information I…

Rank this Week: 428

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