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IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Apr 28

    The journal Science does "The growing problem of patent trolling" in April 29, 2016 issue

    The journal Science does "The growing problem of patent trolling" in April 29, 2016 issue
    Back in the year 2014, IPBiz discussed some work by Lauren Cohen on "patent trolls" [see Lauren Cohen et al. go after "patent trolls" ].Flash forward to 2016, and Cohen is talking about patent trolling in the journal Science. The summary…
  • Apr 28

    Further thoughts on the Taney statue matter in Baltimore

    Further thoughts on the Taney statue matter in Baltimore
    There is a recommendation to "de-access" the statue of (former) Supreme Court Chief Justice Taney, who, among other things, authored the "Dred Scott" decision. One notes that seven justices concurred in that decision, with only two firmly…
  • Apr 27

    Merck v. Gnosis: No en banc review of "substantial evidence" standard in IPR

    Merck v. Gnosis: No en banc review of "substantial evidence" standard in IPR
    Judge Newman's dissent in the denial of en banc review of Merck v. Gnosis is worth a look.link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-1779.Order.4-22-2016.1.PDF
Rank this Week: 19

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 50

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Apr 28

    The Fantastical World of Justice Stephen Breyer

    The Fantastical World of Justice Stephen Breyer
    By Kevin E. Noonan -- In a recent book entitled Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck, author Adam Cohen examines the case of Buck v. Bell, where Justice Oliver Wendell Holmes wrote that…
  • Apr 27

    Defend Trade Secrets Act Passes House, Moves to President for Signature

    Defend Trade Secrets Act Passes House, Moves to President for Signature
    By Josh Rich -- One week after the House Judiciary Committee unanimously reported the Defend Trade Secrets Act of 2016 to the House floor, the full House approved the bill, 410-2. The two no votes were from tea party Republicans, Rep. Justin…
  • Apr 26

    Qualtrics, LLC v. OpinionLab, Inc. (PTAB 2016)

    Qualtrics, LLC v. OpinionLab, Inc. (PTAB 2016)
    Focusing on the Claims, the PTAB Denies CBM Review of a Market Research Patent By Joseph Herndon -- On April 13, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a decision denying institution of…
Rank this Week: 63

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Apr 29

    .52 repeal comes into force July 28 2016

    .52 repeal comes into force July 28 2016
    Transition period of s.52 expedited The repeal of s.52 of the Copyright, Designs and Patents Act 1988 (CDPA) has been expedited due to the outcome of a government consultation. s.52 stipulates the term for artistic works which have been…
  • Apr 29

    Freedom of panorama in France: could even a visit to Père Lachaise become a problem?

    Freedom of panorama in France: could even a visit to Père Lachaise become a problem?
    Adjusting the camera not to include any copyright materialGame of Thrones? House of Cards? Forget them.The battle around what until recently was an area of copyright not many cared knew about, ie freedom of panorama, has now become one of the…
  • Apr 29

    The end of the Google Books legal saga

    The end of the Google Books legal saga
    A few days ago the US Supreme Court refused [here] to grant certiorari in the long-running battle between the Authors Guild and Google over the latter's Books Library Project [Katposts here].Katfriend Shalini…
Rank this Week: 73

Hollywood, Esq.

Hollywood, Esq.

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

http://www.hollywoodreporter.com/blogs/thr-esq
Rank this Week: 78

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/
  • Apr 29

    EDTX denies plaintiff's motion for "exceptional case" under 285 after willful infringement verdict

    EDTX denies plaintiff's motion for "exceptional case" under 285 after willful infringement verdict
    Last year a jury in Judge Richard Schell's court in Plano returned a verdict for the plaintiff in Texas Advanced Optoelectronic Solutions v. Intersil Corp., 4:08cv0451, a complex breach of contract, trade secret misappropriation, tortious…
  • Apr 28

    Five (or Six) More Patent Verdict

    Five (or Six) More Patent Verdict
    Have been out of the office a lot lately doing lawyer-like things and needed to catch up on recent patent verdicts. I posted previously on the first four of the year, with the second ending the string of six defense...
  • Apr 27

    eDekka eFfects - 285 grant of attorneys fees in New Jersey; another 101 dismissal in EDTX

    eDekka eFfects - 285 grant of attorneys fees in New Jersey; another 101 dismissal in EDTX
    The ripples from the grant of the 101 motion to dismiss for lack of patentable subject matter and subsequent $390,829 fee award in the eDekka litigation continue. On March 30, 2016, the District of New Jersey in Garfum.com v. Reflections...
Rank this Week: 102

ITC 337 Law Blog

ITC 337 Law Blog

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

http://www.itcblog.com
Rank this Week: 111

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
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
  • Apr 29

    Copyright Policy Should Be Based On Facts, Not Rhetoric

    Copyright Policy Should Be Based On Facts, Not Rhetoric
    After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on both sides of the debate have filed comments expressing their views. For the most…
  • Apr 29

    Qualcomm with 700+ US patents in first quarter, invents airplane Internet and mobile device system

    Qualcomm with 700+ US patents in first quarter, invents airplane Internet and mobile device system
    Qualcomm, Inc. (NASDAQ:QCOM) of San Diego, CA, is a multinational semiconductor firm that designs and markets wireless telecommunications products. Despite weak global demand for new smartphone products, Qualcomm’s technology licensing…
  • Apr 29

    Improving efficiency of the examination process for patents worldwide

    Improving efficiency of the examination process for patents worldwide
    The IP5 is the name given to a forum of the five largest intellectual property offices in the world that was set-up to improve the efficiency of the examination process for patents worldwide. The top five Patent Offices (IP5) have recognized…
Rank this Week: 127

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Feb 24

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim
    Nalco Co. v. Chem-Mod, LLC, No. 14 C 2510, Slip Op. (N.D. Ill. Oct. 15, 2015) (Darrah, J.). Judge Darrah granted defendants’ motion to dismiss defendants’ motion to dismiss plaintiff Nalco’s Third Amended Complaint pursuant…
  • Feb 22

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee
    Bulgari, S.P.A. V. Zou Xiaohong, No. 15 C 5148, Slip Op. (N.D. Ill. Oct. 15, 2015) (Coleman, J.). Judge Coleman granted in part plaintiff Bulgari’s motion for summary judgment of trademark infringement, a permanent injunction and its…
  • Feb 19

    Design Patent Functionality Decision is a Question of Law

    Design Patent Functionality Decision is a Question of Law
    Dyson, Inc. v. SharkNinja Operating LLC, No. 14 C 779, Slip Op. (N.D. Ill. Nov. 17, 2015) (Darrah, J.). Judge Darrah denied defendants’ (collectively “SharkNinja”) motion for reconsideration of the Court’s denial of…
Rank this Week: 132

IP Dragon

IP Dragon

Covers intellectual property in China.

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

    IP Dragon has found a new den: IPDRAGON.ORG

    IP Dragon has found a new den: IPDRAGON.ORG
    From now on, you can find new articles of IP Dragon on: ipdragon.org.So good bye to ipdragon.blogspot,com and hello ipdragon.org.All ipdragon.blogspot.com links will continue to be active, but will be redirected to ipdragon.orgAlso you…
  • Apr 7

    Constructed Knowledge Works Like a Red Flag To An Internet Intermediary

    Constructed Knowledge Works Like a Red Flag To An Internet Intermediary
     Shades of Red by Skram1 see ColourloversThe real question: "What shade of red will attract liability?"After publishing a draft of the copyright law, the National Copyright Administration comes now with a A Brief Explanation…
  • Mar 12

    Chinese Movie Posters Give You "Double Vision" Without The Alcohol

    Chinese Movie Posters Give You "Double Vision" Without The Alcohol
    Clone and OriginalThe silver screen is known to bring out the imagination of people. However, China's film industry has not given birth to a poster child of creativity, eyeing laboriously to any movie that has some measure of success, Chinese…
Rank this Week: 130

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Apr 29

    What do you mean(s) we lost?!?

    What do you mean(s) we lost?!?
    Tomita Technologies USA, LLC was handed a devastating loss earlier this week in its long-enduring battle with Nintendo over stereoscopic (i.e. 3D) image technology.  Back in 2013, Nintendo lost a patent infringement jury trial in the…
  • Apr 28

    Who’s Got PRINCE Control?

    Who’s Got PRINCE Control?
    My home state of Minnesota prides itself primarily on three things:  our ability to withstand our winters, our 10,000 lakes, and our dearly beloved Prince.  While we take a beating when it comes to our sports teams, all of his…
  • Apr 27

    Trademark Lessons for New Businesses from a Lawsuit Against a Colorado Juice Bar

    Trademark Lessons for New Businesses from a Lawsuit Against a Colorado Juice Bar
    It is a big, exciting, and dangerous risk to start a new business. There were approximately 400,000 in 2014 (continuing a recent downward trend, according to Gallup). Most entrepreneurs know that the odds are stacked against them, as about…
Rank this Week: 138

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Apr 29

    Empirical analysis of chilling effect

    Empirical analysis of chilling effect
    Jon Penney discusses his research on chilling effects, including chilling effects from DMCA takedowns and government surveillance.  The paper on government surveillance and Wikipedia is here; the abstract for the DMCA piece is…
  • Apr 27

    Website can use DMCA safe harbor for acts of its independent contractor

    Website can use DMCA safe harbor for acts of its independent contractor
    BWP Media USA, Inc v. Clarity Digital Group, LLC, No. 15-1154 (10th Cir. Apr. 25, 2016)    BWP owns the copyrights to various celebrity photos, and its business model appears to be lawsuit-based, at least in part.  It sued…
  • Apr 25

    Two right of publicity possibilities in the new

    Two right of publicity possibilities in the new
    Corvette: Baby, that was much too fast. 1958-2016How well would this ad fare if challenged under Jordan v. Jewel? It does inherently promote the Corvette brand, it seems to me. Mexican food so authentic Donald Trump would build a wall around…
Rank this Week: 147

Recording Industry vs The People

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/
  • Oct 6

    All EDNY subpoenas stayed by Judge Locke, due to "serious questions" raised by motion to quash

    All EDNY subpoenas stayed by Judge Locke, due to "serious questions" raised by motion to quash
    A motion to quash was made by one of the many John Doe defendants in the Eastern District of New York Malibu Media cases. The defendant was represented by Chejin Park, Esq., of Flushing. Due to the "serious questions as to whether good…
  • Jul 8

    Judge Hellerstein denies Malibu Media discovery motion

    Judge Hellerstein denies Malibu Media discovery motion
    In a recent decision in the Southern District of New York in Manhattan, in Malibu Media v. Doe, 15 CV 4369 AKH, Judge Alvin K. Hellerstein has denied Malibu Media's ex parte motion for permission to serve a subpoena on the internet service…
  • May 1

    UMG v Grooveshark settled. No money judgment against individual defendant

    UMG v Grooveshark settled. No money judgment against individual defendant
    UMG v. Escape Media, UMG's case against Grooveshark, has been settled just prior to trial. Under the terms of the settlement a judgment for $50,000,000.00 will be entered against the corporation only, and the corporation will shut down its…
Rank this Week: 194

Seattle Trademark Lawyer

Seattle Trademark Lawyer

Covers trademark law developments from Seattle and beyond. By Michael Atkins.

http://seattletrademarklawyer.com/
  • Aug 10

    Taking the Mystery out of Trademark Use

    Taking the Mystery out of Trademark Use
    Before a trademark can be registered, it has to be used. There’s one exception to that — if a mark is registered in a foreign country, it can be registered in the States without having been used here. But even then, the…
  • Jun 27

    Decision on Redskins Trademark Proper but Mostly Symbollic

    Decision on Redskins Trademark Proper but Mostly Symbollic
    No question, the PTO got it right. The PTO’s administrative law branch, the U.S. Trademark Trial and Appeal Board, finally decided the REDSKINS trademark is too offensive to continue to justify the expanded rights that stem from…
  • Jun 1

    Washington's Bill to Tax Marijuana Trademarks is a Bad Idea

    Washington's Bill to Tax Marijuana Trademarks is a Bad Idea
    During Washington’s last legislative session, Olympia considered taxing marijuana trademarks. It’s a bad idea. But first, a little background on the bill. If passed, House Bill 1976, would have levied a “tax of three…
Rank this Week: 193

The University of Chicago Law…

The University of Chicago Law School Faculty Blog

Covers constitutional law, copyright/technology, corporate law, criminal law, free speech, genetic testing, international law, national security and more.

http://uchicagolaw.typepad.com/faculty/
  • Jan 22

    Notice and Comment, Behavioral Economics, and United States v. Texa

    Notice and Comment, Behavioral Economics, and United States v. Texa
    Assistant Professor Daniel Hemel on the Supreme Court’s certiorari grant in United States v. Texas: In many respects, the Supreme Court’s cert grant earlier this week in United States v. Texas was utterly unsurprising. The Fifth Circuit…
  • Jan 6

    Friedrichs, Free-Riding, and Life After the Agency Shop

    Friedrichs, Free-Riding, and Life After the Agency Shop
    Assistant Professor Daniel Hemel and UC Berkeley Jurisprudence & Social Policy Ph.D. candidate David Louk on next Monday’s Supreme Court oral argument in Friedrichs v. California Teachers Association: The Supreme Court will soon decide…
  • Jan 1

    The Tax Returns of the Top 400: A Deeper Dive

    The Tax Returns of the Top 400: A Deeper Dive
    Assistant Professor Daniel Hemel on taxes paid by the highest earners in the United States: The IRS released data this week on the 400 individual income tax returns with the highest adjusted gross incomes (AGIs). According to the IRS data,...
Rank this Week: 203

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Apr 28

    Wrong skillset for trademark registration

    Wrong skillset for trademark registration
    John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of…
  • Apr 25

    Will New York State Go With (the) Flo (& Eddie)?

    Will New York State Go With (the) Flo (& Eddie)?
    Every once in a great while comes along an intellectual property law decision so significant that blawgers fall over themselves and each other in the scramble to write something pithy about it. The April 13, 2016, decision from the Second…
  • Apr 22

    “Liberals Against the First Amendment”

    “Liberals Against the First Amendment”
    Originally posted 2009-04-19 11:33:36. Republished by Blog Post PromoterMarco Randazza again, this time on naked state-backed censorship at the University of Massachusetts: The UMass conservative organization, the Silent Majority, publishes a…
Rank this Week: 222

The University of Chicago Law…

The University of Chicago Law School Faculty Podcast

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

https://soundcloud.com/uchicagolaw
  • Mar 9

    Laura Weinrib, “Freedom of Conscience and the Civil Liberties Path Not Taken”

    Laura Weinrib, “Freedom of Conscience and the Civil Liberties Path Not Taken”
    Recent efforts by opponents of same-sex marriage and reproductive rights to reorient their agenda around religious freedom have sparked an explosion of scholarship on religious claims for exemption from generally applicable laws. Professor…
  • Mar 8

    Dhammika Dharmapala, "The 'Credibility Revolution' in Empirical Law and Economics"

    Dhammika Dharmapala, "The 'Credibility Revolution' in Empirical Law and Economics"
    Dhammika Dharmapala is the Julius Kreeger Professor of Law at the University of Chicago Law School. The 2016 Coase Lecture was presented on February 16, 2016.
  • Feb 19

    Chief Judge Diane Wood, "Making Your Voice Heard"

    Chief Judge Diane Wood, "Making Your Voice Heard"
    Chief Judge Diane Wood presents "Making Your Voice Heard" and speaks on issues related to women's professional development and the difficulties they face. Judge Diane Wood is the Chief Judge of the United States Court of Appeals for the…
Rank this Week: 211

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/
  • Apr 23

    Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)

    Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
    Copyright * Naruto v. Slater: “Naruto is not an “author” within the meaning of the Copyright Act.” I heart Naruto! * Handshoe v. Abel, 1:14-cv-00159-KS-MTP (S.D. Miss. Jan. 8, 2016) (cites omitted): Given that there is…
  • Apr 22

    Evidentiary Failings Undermine Arbitration Clauses in Online Term

    Evidentiary Failings Undermine Arbitration Clauses in Online Term
    Earlier this week, we posted about a Seventh Circuit case where an ambiguous user call-to-action undermined an online contract formation procecss. (See “Defective Call-to-Action Dooms Online Contract Formation–Sgouros v.…
  • Apr 21

    Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

    Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)
    Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For…
Rank this Week: 244

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Apr 29

    Federal Circuit Continues Broad Venue Allowance in Patent Case

    Federal Circuit Continues Broad Venue Allowance in Patent Case
    by Dennis Crouch In its petition for writ of mandamus, TC Heartland raised a set of interesting venue and personal jurisdiction claims – basically arguing that both the statute and Supreme Court precedent strongly limit where patent…
  • Apr 28

    Patent Quality Symposium Report – USPTO Patent Quality Initiative Moving Forward

    Patent Quality Symposium Report – USPTO Patent Quality Initiative Moving Forward
    Guest Post by Professors Colleen Chien, Santa Clara University Law School and Arti Rai, Duke Law School On Wednesday, April 27, 2016, the USPTO hosted a day-long conference around the one-year anniversary of its Enhanced Patent Quality…
  • Apr 28

    DTSA as a Shoe Horn for Contract and Employment Law Claim

    DTSA as a Shoe Horn for Contract and Employment Law Claim
    I expect that an important result of the Defend Trade Secrets Act (DTSA) will be the creation of supplemental federal jurisdiction over contract and employment disputes that are otherwise a matter of state law decided by state…
Rank this Week: 260

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 29

    Defend Trade Secrets Act

    Defend Trade Secrets Act
    Useful summary of DTSA:Implementing and Interpreting the Defend Trade Secrets ActPatently-O https://t.co/8n4Q9sUaKv — TrademarkBlog (@TrademarkBlog) April 29, 2016 Ex Parte Seizures and the Defend Trade Secrets ActEric GoldmanSSRN…
  • Apr 28

    UDRP complaint denied on first prong:…

    UDRP complaint denied on first prong: Complainant fails to establish secondary meaning in common law markhttps://t.co/tWa0gvpV9j — TrademarkBlog (@TrademarkBlog) April 28, 2016 Most expensive domain names of all timeBusiness Insider…
  • Apr 28

    BWP Media USA v Clarity Digital Group, 10th Cir re Use of DMCA re Content Generated by Independent Contractor

    BWP Media USA v Clarity Digital Group, 10th Cir re Use of DMCA re Content Generated by Independent Contractor
    Justia summary: Plaintiff-Appellant BWP Media USA, Inc. d/b/a Pacific Coast News and National Photo Group, LLC (“BWP”) appealed the district court’s grant of summary judgment in favor of Defendant-Appellee Clarity Digital…
Rank this Week: 277

Los Angeles Intellectual Property…

Los Angeles Intellectual Property Trademark Attorney Blog

Includes topics such as copyright litigation, licensing, patent litigation, TTAB, trademark applications, and trademark litigation. By Los Angeles, California intellectual property lawyer, Milord A. Keshishian.

http://www.iptrademarkattorney.com/
  • May 4

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar

    I'm Speaking At Bridgeport's Trade Secrets CLE Seminar
    On May 8, 2015, I have the pleasure of speaking at Bridgeport Continuing Education's "Trade Secret and Employee Mobility" seminar. For a list of the distinguished speakers and topics, click here . I will be speaking about the…
  • Apr 10

    Vampire Wines Bites Into Yard House’s Vampire Taco Trademark With Infringement Lawsuit

    Vampire Wines Bites Into Yard House’s Vampire Taco Trademark With Infringement Lawsuit
    TI Beverage Group and its attorney, trademark licensor, and co-plaintiff Michael Machat are not drinking at the Yard House and nothing seems to be merry despite the consumption of tacos and alcohol. Plaintiffs appear to have more of an…
  • Jan 30

    Say “Super Bowl” and Suffer the NFL’s Trademark Infringement Traumatic Brain Injury

    Say “Super Bowl” and Suffer the NFL’s Trademark Infringement Traumatic Brain Injury
    Every year the NFL’s trademark attorneys aggressively send cease and desist letters to business using the term “Super Bowl,” threatening them with the trademark law equivalent of traumatic brain injury. Even churches are not granted…
Rank this Week: 287

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: 255

TinyTechIP

TinyTechIP

Covers emerging patent developments in the areas of microelectromechanical systems and nanotechnology. By Blaise Mouttet.

http://tinytechip.blogspot.com/
  • Apr 1

    ReRAM Patent Landscape

    ReRAM Patent Landscape
    ReRAM (Resistance RAM) is a type of memory which may one day replace Flash as the common form of non-volatile storage for electronic devices. I recently updated a file I keep on US patents related to ReRAM and some related non-volatile…
  • Dec 30

    Top Ten Nanotechnology Patents of 2012

    Top Ten Nanotechnology Patents of 2012
    The following is a list of the most interesting nanotechnology patents this past year (in my opinion):#10 - US 8093786 - Nanoscale piezoelectrics (Stevens Institute of Technology)This patent teaches manufacturing piezoelectric nanofibers…
  • Nov 5

    Memristor debate: "If it works who cares?"

    Memristor debate: "If it works who cares?"
    I have made various public arguments over the past year about why Leon Chua and HP's "memristor" models are all hype rather than a legitimate scientific model for resistance switching (e.g.
Rank this Week: 286

Counterfeit Chic

Counterfeit Chic

Covers counterfeits and copycats in the fashion industry. By Susan Scafidi.

http://www.counterfeitchic.com/
  • Nov 26

    Studies in cyber shopping: MarkMonitor Shopping Report

    Studies in cyber shopping: MarkMonitor Shopping Report
    This year's Cyber Monday may be merely part of a cyber shopping season -- for the first time over half of American consumers shopped online during the holiday weekend -- but one thing hasn't changed: the counterfeiting conundrum we might call…
  • Nov 26

    Studies in cyber shopping: MarkMonitor Shopping Report

    Studies in cyber shopping: MarkMonitor Shopping Report
    This year's Cyber Monday may be merely part of a cyber shopping season -- for the first time over half of American consumers shopped online during the holiday weekend -- but one thing hasn't changed: the counterfeiting conundrum we might call…
  • Nov 7

    Of Burch battles, white bread, and wonder about WASP

    Of Burch battles, white bread, and wonder about WASP
    When Chris Burch's first C. Wonder store opened its lacquered lime-green doors, just around the corner from the distinctive lacquered orange doors of the original Tory Burch store, the visual association was striking.  The obvious question,…
Rank this Week: 285

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/
Rank this Week: 310

Video Game Law Blog

Video Game Law Blog

Covers current Issues in video game law. By Davis LLP.

http://www.davis.ca/en/blog/Video-Game-Law
  • Mar 28

    WOW!

    WOW!
    A court in Berlin has ruled that some provisions of the World of Warcraft Terms of Use violate German consumer protection laws and are void. [More…]
  • Feb 26

    Ontario Youth Investment Accelerator Fund Recipients Announced

    Ontario Youth Investment Accelerator Fund Recipients Announced
    Recently, Ontario announced the first recipients of the Youth Investment Accelerator Fund Program (the “Program”). The Program, which mirrors the Investment Accelerator Fund, was launched in 2013 by the Province of Ontario with…
  • Feb 14

    Federal Budget 2014: Canada Invests an Additional $40 Million in Entrepreneurship

    Federal Budget 2014: Canada Invests an Additional $40 Million in Entrepreneurship
    On Tuesday February 11, 2014, Finance Minister Jim Flaherty presented the Canadian federal budget for fiscal year 2014-2015. The budget proposes to provide an additional $40 million over four years to the Canada Accelerator and Incubator…
Rank this Week: 314

Trading Secrets

Trading Secrets

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

http://www.tradesecretslaw.com/
  • Apr 28

    U.S. Treasury Department Suggests That Non-Compete Reform is Necessary

    U.S. Treasury Department Suggests That Non-Compete Reform is Necessary
    The U.S. Department of Treasury recently released a study on the effect of non-compete agreements, taking a hard line with respect to their social and economic benefits and purported harms.  Specifically, while the authors of the study…
  • Apr 27

    What Does the Passage of the Defend Trade Secrets Act Mean for Your Business?

    What Does the Passage of the Defend Trade Secrets Act Mean for Your Business?
    On April 4, 2016, the Senate passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”).  Soon after, on April 20, 2016, the House Committee approved S. 1890 by voice vote.  Today, the DTSA will be voted on by…
  • Apr 27

    House Vote Live Tweet Update

    House Vote Live Tweet Update
    The House is set to vote on the Defend Trade Secrets Act of 2016 (“DTSA”) in a matter of hours. Per the House schedule today, the House will meet at 10:00 a.m. Eastern for morning hour and 12:00 p.m. Eastern for legislative…
Rank this Week: 378

Dear Rich: Nolo's Patent,…

Dear Rich: Nolo's Patent, Copyright & Trademark Blog

Provides answers to questions about copyright, trademarks and patents.

http://dearrichblog.blogspot.com/
  • Apr 27

    Why Can't I Post Erotic Fiction About a Real Celebrity?

    Why Can't I Post Erotic Fiction About a Real Celebrity?
    Dear Rich: I wrote a short satirical erotica series about a C-List public figure. She already knows as she mentioned me in an online magazine article. One digital publishing platform removed these works because "publishing erotica regarding…
  • Apr 20

    Can Publisher Say What is Fair Use?

    Can Publisher Say What is Fair Use?
    Dear Rich: I'm an academic co-editing a book with a major university press. Out of an abundance of caution, our editor requested we check on permissions for a number of quotations, etc., with the original publishers. None were an issue til…
  • Apr 10

    How Do I Stop Compulsory License?

    How Do I Stop Compulsory License?
    Dear Rich: How does one prevent a compulsory license from being obtained? For example, what if I don't WANT anyone else recording MY song? Can a publisher and/or a copyright owner refuse to grant a compulsory license? What if some…
Rank this Week: 358

PHOSITA

PHOSITA

Covers biotechnology, copyright, intellectual property, public policy, licensing, patents, software and trademark. By Douglas Sorocco, J. Matthew Buchanan and Laura C. Wood.

http://dunlapcodding.com/phosita
Rank this Week: 360

Freedom to Tinker

Freedom to Tinker

Focuses on issues related to legal regulation of technology, and especially on legal attempts to restrict the right of technologists and citizens to tinker with technological devices. From Princeton's Center for Information Technology Policy.

https://freedom-to-tinker.com/
  • Feb 2

    In Partial Defense of the Seahawks’ Play Calling

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

    Nine awesome Bitcoin projects at Princeton

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

    Android WebView security and the mobile advertising marketplace

    Android WebView security and the mobile advertising marketplace
    Freedom to Tinker readers are probably aware of the current controversy over Google’s handling of ongoing security vulnerabilities in its Android WebView component. What sounds at first like a routine security problem turns out to have…
Rank this Week: 355

Blawg IT

Blawg IT

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

http://blawgit.com
  • Mar 21

    Supreme Court Takes On Design Patent Damage

    Supreme Court Takes On Design Patent Damage
    Apple v. Samsung Apple applied for and received two design patents covering design elements on the front face of the Apple iPhone. Apple then successfully sued Samsung for infringement of these design patents. The jury awarded Apple damages…
  • Sep 23

    Not So Fast – “Happy Birthday To You” May Not Be in the Public Domain

    Not So Fast – “Happy Birthday To You” May Not Be in the Public Domain
    The World’s Most popular Song You all know the tune, so why do you rarely hear the song Happy Birthday To You in movies and on television? The reason is that from 1988 until yesterday Warner/Chappell Music, Inc. had been demanding…
  • Mar 17

    Brett Trout Named Iowa Academy of Trial Lawyers Fellow

    Brett Trout Named Iowa Academy of Trial Lawyers Fellow
    Des Moines patent attorney Brett J. Trout has just been named a Fellow of the Iowa Academy of Trial Lawyers. Membership in the Academy is by invitation only, upon sponsorship and recommendation from peers and judges, and unanimous approval by…
Rank this Week: 452

Two-Seventy-One Patent Blog

Two-Seventy-One Patent Blog

Provides insight and analysis on patent law, patent portfolio management and patent litigation in the fields of electronics, software and computers. By Peter Zura.

http://271patent.blogspot.com/
Rank this Week: 449

Revista Mi Patente

Revista Mi Patente

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

http://www.mipatente.com/
  • Apr 29

    Innovación tecnológica para la seguridad nacional

    Innovación tecnológica para la seguridad nacional
    AUTOR: Lizbeth Barojas FUENTE:  AGENCIA INFORMATIVA CONACYT   Veracruz, Veracruz.  (Agencia Informativa Conacyt).- El Instituto de Investigación y Desarrollo Tecnológico de la Armada de México…
  • Apr 29

    Propiedad Intelectual en la Industria 4.0

    Propiedad Intelectual en la Industria 4.0
    FUENTE: Adrianni Zanatta., Adrianni Zanatta Alarcón, Departamento de Ingeniería Mecánica, Politecnico di Milano.,  Via La Masa 1, 20156 Milano, Italia, adrianni.zanatta@mail.polimi.it  …
  • Apr 28

    Diseñan sensor capaz de detectar el cáncer de mama por medio de la saliva

    Diseñan sensor capaz de detectar el cáncer de mama por medio de la saliva
    Autor: Janet Cacelín FUENTE:  AGENCIA INFORMATIVA CONACYT Ciudad de México.  (Agencia Informativa Conacyt).– Para miles de mujeres el principal indicador para detectar el cáncer de mamá es a…
Rank this Week: 555

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 29

    A Right to Participate in the Electoral Proce

    A Right to Participate in the Electoral Proce
    Robert Yablon, Voting, Spending, and the Right to Participate, available at SSRN.Jessica Bulman-PozenIn McCutcheon v. FEC, Chief Justice Roberts described campaign contributions as a form of participation in electoral politics. His plurality…
  • Apr 28

    Rethinking Parties and Politics in Administrative Law

    Rethinking Parties and Politics in Administrative Law
    Michael A. Livermore, Political Parties and Presidential Oversight, 67 Al. L. Rev. 45 (2015).Mark SeidenfeldEver since courts have recognized the legitimacy of political influence on agency policymaking, scholars have struggled to formulate a…
  • Apr 27

    Dismissing Discrimination

    Dismissing Discrimination
    David Schraub, Dismissal (2016), available at SSRN.Charlotte S. AlexanderIn a recent article in The New York Times Magazine, sociologist Alice Goffman – author of an award-winning book that followed a group of African-American men…
Rank this Week: 484

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 28

    Copyright Law: Seventh Circuit Slaughters True Crime Writer On Motion To Dismi

    Copyright Law: Seventh Circuit Slaughters True Crime Writer On Motion To Dismi
    When a plaintiff sues you for copyright infringement but does not attach the allegedly infringed materials to the complaint, but refers to the materials in the complaint, can you move to dismiss the complaint under Rule 12(b)(6) of the…
  • Apr 23

    Copyright Law: What the Practitioner Needs to Know - Sign Up Today!

    Copyright Law: What the Practitioner Needs to Know - Sign Up Today!
     $245Live Broadcast on May 5, 2016This course covers the fundamentals of what a lawyer needs to know to identify, register and make claims to copyrighted materials, how to identify and negotiate deals involving copyrightable subject…
  • Apr 21

    Copyright Law In Cleveland's Kitchens: Sixth Circuit Says Recipe Book Not Copyrightable

    Copyright Law In Cleveland's Kitchens: Sixth Circuit Says Recipe Book Not Copyrightable
    In Tomaydo-Tomahhdo, LLC v. Vozary, --- Fed.Appx. --- (6th Cir. October 20, 2015), the United States Court of Appeals for the Sixth Circuit considered the claims of a Cleveland restaurant Tomaydo-Tomahhdo owner suing a former co-owner…
Rank this Week: 507

TechnoLlama

TechnoLlama

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

http://www.technollama.co.uk
  • Apr 23

    European Court rules on copyright jurisdiction and private copying

    European Court rules on copyright jurisdiction and private copying
    The Court of Justice of the European Union (CJEU) has once more helped to answer one of the most puzzling aspects of Internet regulation, where do things happen online? In particular, they have answered where can a copyright collective…
  • Apr 9

    Two Gikii events announced

    Two Gikii events announced
    There will be two Gikii events this year in September 2016. Gikii will be held in Australia and London thanks to the help of long-time Gikii enthusiasts Melissa de Zwart and Andrea Matwyshyn. Gikii Adelaide 2016 The first event will be hosted…
  • Apr 4

    Can you ever remove nasty internet content about yourself?

    Can you ever remove nasty internet content about yourself?
    Andres Guadamuz, University of Sussex For the last couple of years, journalist Dune Lawrence has been subject to constant harassment. She wrote several articles about an investment firm, and the owner initiated an online defamation campaign…
Rank this Week: 472

Center for Art Law Blog

Center for Art Law Blog

Features art and cultural heritage law resources and reviews.

http://itsartlaw.com
  • Apr 21

    Their Eyes Are Watching Government: On Surveillance Art, the Art of Surveillance, Freedom of Information Act

    Their Eyes Are Watching Government: On Surveillance Art, the Art of Surveillance, Freedom of Information Act
    By Jessica Preis* On February 5, 2016, journalist, filmmaker, and artist Laura Poitras opened an exhibit at the Whitney Museum titled Laura Poitras: Astro Noise, which will run through May 5, 2016. The exhibit invites visitors to contemplate…
  • Apr 18

    Protect Your Face: Body Art and Copyright (Part II)

    Protect Your Face: Body Art and Copyright (Part II)
    By Samantha Elie* While some of us makeup challenged women consider it a feat of artistic brilliance when we achieve that perfect cat eye with our eyeliner, an individual’s makeup art is not protected under copyright law unless that cat…
  • Apr 15

    Can Looted Art Be Reclaimed from the Cuban Government?

    Can Looted Art Be Reclaimed from the Cuban Government?
    By: Lesley Sotolongo, Esq. Reclaiming art in Cuba is a process yet to be defined. Cuba faces expropriation claims by the thousands of its nationals that both  reside there or have fled and live elsewhere. Included in those claims are…
Rank this Week: 537

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: 520

Indiana Intellectual Property &…

Indiana Intellectual Property & Technology Blog

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

http://indianaintellectualproperty.com/
Rank this Week: 597

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

    Trademark Owners’ Rights to Corresponding Earlier Registered Domain Name

    Trademark Owners’ Rights to Corresponding Earlier Registered Domain Name
    As I pointed out in last week’s essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also…
  • Apr 24

    Fair Contracts for Author

    Fair Contracts for Author
    Gerald M. Levine, co-author In May 2015, the Authors Guild announced its Fair Contract Initiative, and more recently the Internatioanl Authors Forum presented “Ten Principles for Fair Contracts.” Both highlight the same ”…
  • Apr 18

    Quintessential and Other Acts of Bad Faith in Acquiring Domain Name

    Quintessential and Other Acts of Bad Faith in Acquiring Domain Name
    There are two essential differences between the UDRP and the ACPA, one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more…
Rank this Week: 681

this WEEK in LAW

this WEEK in LAW

Denise Howell and guests discuss technology law. From the TWiT netcast network.

http://twit.tv/twil
  • Apr 22

    TWiL 343: Moral Crumple Zone

    TWiL 343: Moral Crumple Zone
    Hosts: Denise Howell, J. Michael Keyes Guests: David Levine, A. Michael Froomkin We Robot 2016, The Defend Trade Secrets Act, Sean Parker's Screening Room streaming service, don't be fooled by crying babies and barking dogs, and…
  • Apr 15

    TWiL 342: Chim Chim Canary

    TWiL 342: Chim Chim Canary
    Hosts: Denise Howell, Emory Roane, J. Michael Keyes Guest: Lindsey Rogers Cook Wearables and the value of the data they collect, Uber's transperency report, U.S. aerial surveillance, the Led Zeppelin copyright dispute over "Stairway to…
  • Apr 1

    TWiL 341: Won't Someone Think of the Spies?

    TWiL 341: Won't Someone Think of the Spies?
    Host: Denise Howell Guests: Emory Roane, Derek Khanna, and Evan Brown. FBI vs Apple aftermath and Congress's reaction to it, should burner phones be banned in the US?, and this week's animal selfie. Photo credit: Octopus by Thomas…
Rank this Week: 633

Internet Cases

Internet Cases

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

http://blog.internetcases.com
  • Apr 5

    No statutory damages in online copyright case where infringement continued after copyright registration

    No statutory damages in online copyright case where infringement continued after copyright registration
    If a copyright infringement begins before the plaintiff registers its copyright, and continues after the date of registration, can the plaintiff recover its attorney’s fees and statutory damages for the infringement that occurs after…
  • Apr 3

    Website operator not liable for copyright infringement despite lack of DMCA safe harbor protection

    Website operator not liable for copyright infringement despite lack of DMCA safe harbor protection
    Online platforms that allow user-generated content should take advantage of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), which protect the platform in the event of a third party claim of copyright infringement…
  • Mar 19

    Court holds browsewrap agreement not enforceable

    Court holds browsewrap agreement not enforceable
    Plaintiff filed a consumer fraud class action lawsuit against defendant, the operator of an ecommerce website. Defendant moved to have the case heard by arbitration, arguing that the arbitration provision in its website’s terms of use…
Rank this Week: 601

IP Spotlight

IP Spotlight

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

http://ipspotlight.com
  • Apr 5

    U.S. Senate passes bill to establish federal trade secrets law

    U.S. Senate passes bill to establish federal trade secrets law
    On April 4, 2016, the U.S. Senate unanimously passed a bill that, if enacted, will allow trade secret owners to bring suit in federal court to prevent misappropriation of their trade secrets. The new bill, S. 1890, is known as ……
  • Apr 5

    U.S. Senate passes bill to establish federal trade secrets law

    U.S. Senate passes bill to establish federal trade secrets law
    On April 4, 2016, the U.S. Senate unanimously passed a bill that, if enacted, will allow trade secret owners to bring suit in federal court to prevent misappropriation of their trade secrets. The new bill, S. 1890, is known as ……
  • Mar 9

    Federal Circuit asked to eliminate supplier-to-inventor transactions from “on-sale” bar to patentability

    Federal Circuit asked to eliminate supplier-to-inventor transactions from “on-sale” bar to patentability
    It is well known that if an inventor sells an invention prior to applying for a patent application, the sale can preclude the inventor from obtaining a patent for the invention. In the United States, the inventor also gets a … Continue…
Rank this Week: 589

TIPS: Perspectives on Intellectual…

TIPS: Perspectives on Intellectual Property Law

Covers traditional intellectual property (copyrights, patents and trademarks) and more nuanced areas of law, including media, technology, franchising, e-commerce, entertainment and advertising.By Waller Lansden Dortch & Davis, LLP.

http://www.wallertips.com/
  • Aug 1

    Some Hospital Systems Under Attack By Cyber-Criminals Using Denial of Service Attack

    Some Hospital Systems Under Attack By Cyber-Criminals Using Denial of Service Attack
    Hospital emergency rooms are our first line of defense for actual attacks and emergencies, but in some cases ERs are finding themselves literally under cyber-attack. Recent law enforcement notices warn that telephone access to ER’s has…
  • Jun 11

    The TTAB Did Not Love New York

    The TTAB Did Not Love New York
    Brand owners, marketers, and in-house counsel should be cognizant of the legal implications of selecting geographical terms for the name of a product. Waller intellectual property attorney, William F. Wilson, was recently published in the…
  • May 13

    The Ninth Circuit Holds that Cancellation of a Trademark is a Remedy, Not a Cause of Action

    The Ninth Circuit Holds that Cancellation of a Trademark is a Remedy, Not a Cause of Action
    Waller Lansden Dortch & Davis, LLP attorney, Bob Felber, was recently published in the International Trademark Association’s (INTA) Bulletin where he discussed, Airs Aromatics, LLC v. Victoria’s Secret Stores Brand Management,…
Rank this Week: 584