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IP in Brief

IP in Brief

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

http://www.ipinbrief.com
  • Jun 30

    Will Be Updating LawLine Course on Protecting IP from New Forms of Online Infringement

    Will Be Updating LawLine Course on Protecting IP from New Forms of Online Infringement
    On September 17, 2012, I along with my colleague Don Prutzman presented a program at the firm entitled How to Protect Your Intellectual Property from New Forms of Online Infringements and Brand Attacks. I outlined why online infringement is a…
  • Apr 15

    Will Moderate a Panel Dealing with Misuse of Social Media at Trial

    Will Moderate a Panel Dealing with Misuse of Social Media at Trial
    I will moderate a panel entitled “Avoiding the Googling Mistrial: Dos and Don’ts When Preparing for Trial in the Age of Social Media” at the Litigation Counsel of America’s 2015 Spring Conference & Celebration of…
  • Mar 19

    Proving and Disproving Trade Secret Claim

    Proving and Disproving Trade Secret Claim
    Dennis Murrell and Robert Theuerkauf from Middleton Reutlinger in Louisville explained how to prove and defend against trade secret claims at the IPI’s Ocean Reef winter conference. Here is a summary of their excellent presentation.
Rank this Week: 20

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: 36

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/
  • Sep 19

    Who Should Terminate or Modify Irrevocable Trusts?

    Who Should Terminate or Modify Irrevocable Trusts?
    Bradley E.S. Fogel, Terminating or Modifying Irrevocable Trusts by Consent of the Beneficiaries—A Proposal to Respect the Primacy of the Settlor’s Intent, 50 Real Prop., Tr. & Est. L.J. 337 (2016). Michael Yu Professor Bradley…
  • Sep 18

    When the Life of the Law is Logic

    When the Life of the Law is Logic
    Sarah B. Lawsky, Formalizing the Code, 70 Tax L. Rev. 377 (2017), available at SSRN. Susan Morse In Formalizing the Code, Professor Sarah Lawsky offers a glimpse of what might be gained if law were written in formal logic…
  • Sep 15

    Regulations Hinder Mobility and the National Economy

    Regulations Hinder Mobility and the National Economy
    David Schleicher, Stuck! The Law and Economics of Residential Stability, 127 Yale L.J. (forthcoming, 2017), available at SSRN. Steve Eagle The principal goal of local zoning has been to assure existing residents a stable and comfortable…
Rank this Week: 47

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Sep 18

    Are pretzel crisps crumbling into genericness?

    Are pretzel crisps crumbling into genericness?
    Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of so-called…
  • Sep 15

    “Let’s Play:” DMCA Takedown Notices and Game Developer Acquiescence

    “Let’s Play:” DMCA Takedown Notices and Game Developer Acquiescence
    There is an entire gaming sub-culture developed around watching others play video games.  I’m not talking about gathering around the Game Cube in your friend’s basement and passing the only controller. …
  • Sep 14

    The Five-Finger Copyright Discount

    The Five-Finger Copyright Discount
    –James Mahoney, Razor’s Edge Communications Recently violinists Rhett Price and Shiva Chaitoo got two very different lessons on the downside of posting performances on the Internet. According to an article in The Boston…
Rank this Week: 57

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 70

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Sep 19

    The Sad Poetry Plagiarism Story from Canada

    The Sad Poetry Plagiarism Story from Canada
    Though we often look at plagiarism as a simple right-vs-wrong issue, there are times a plagiarism story, including the plagiarist, come more complicated. The post The Sad Poetry Plagiarism Story from Canada appeared first on Plagiarism Today.
  • Sep 19

    3 Count: Shake it Off

    3 Count: Shake it Off
    Pepe the Frog's creator goes on legal warpath, Taylor Swift sued over Shake it Off and photographer behind "Distracted Boyfriend" meme speaks out. The post 3 Count: Shake it Off appeared first on Plagiarism Today.
  • Sep 18

    3 Count: Joking Copyright

    3 Count: Joking Copyright
    USCO reverses decision on joke in Conan O'Brien case, subtitle site operator convicted in Sweden and Forever 21 responds to infringement allegations. The post 3 Count: Joking Copyright appeared first on Plagiarism Today.
Rank this Week: 80

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Sep 18

    PhishMe loses to Wombat in D. Del. on discovery issue

    PhishMe loses to Wombat in D. Del. on discovery issue
    The court noted:In assessing whether a proposed modification of a Protective Order would present anunacceptable risk of inadvertent disclosure or competitive misuse of confidential information, itwould be error to deny access solely because…
  • Sep 18

    The EZEKIEL ELLIOTT case in ED Texa

    The EZEKIEL ELLIOTT case in ED Texa
    The decision observes that a PATENT trial held back the district court from a rapid response:Because the Court was presiding over a patent trial, the Court was unable to reach the NFL's Emergency Motion within the NFL's requested time…
  • Sep 16

    US Court of Claims on "epiphany"

    US Court of Claims on "epiphany"
    The suggestion that defendant's epiphany occurred only after "obtaining" discovery is less than ingenuous. The government was not obtaining discovery, it was responding to plaintiff's requests with its own information. The assertion that the…
Rank this Week: 82

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
Rank this Week: 119

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Sep 19

    "Herbal" doesn't include animal product

    "Herbal" doesn't include animal product
    VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., --- Fed.Appx. ----, 2017 WL 4118381, No. 17-55198 (9th Cir. Sept. 15, 2017)VBS makes a commercial television live auction show named “DAU GIA TREN TRUYEN HINH” (“Fight…
  • Sep 19

    Adding clickbait title isn't false advertising or fraud on author

    Adding clickbait title isn't false advertising or fraud on author
    Dankovich v. Keller, 2017 WL 4081852, No. 16-13395 (E.D. Mich. Sept. 15, 2017)Interesting dispute: the pro se litigant didn’t like the editing of his essay, including the clickbaity headline added by the editors, and sued for various…
  • Sep 18

    Reading list: consequences of 1A protections for off-label promotion

    Reading list: consequences of 1A protections for off-label promotion
    Patricia J. Zettler, The Indirect Consequences of Expanded Off-Label Promotion, Ohio State Law Journal, Forthcoming  The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First…
Rank this Week: 159

Trading Secrets

Trading Secrets

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

http://www.tradesecretslaw.com/
  • Sep 13

    Upcoming Webinar! Protecting Trade Secrets in the Social Media Age

    Upcoming Webinar! Protecting Trade Secrets in the Social Media Age
    Social media and related issues in the workplace can be a headache for employers. There is no denying that social media has transformed the way that companies conduct business. In light of the rapid evolution of social media, companies today…
  • Sep 6

    Wisconsin High Court Affirms High Summary Judgment Bar to Trade Secret Misappropriation Claim

    Wisconsin High Court Affirms High Summary Judgment Bar to Trade Secret Misappropriation Claim
    A recent decision from the Supreme Court of Wisconsin affirmed a trial court’s grant of summary judgment in favor of a defendant accused of conspiring to misappropriate its competitor’s trade secrets. By a 4-3 decision in North…
  • Sep 5

    File Share Platforms and Business Risk

    File Share Platforms and Business Risk
    The use of open file sharing platforms in business continues to increase in 2017; Dropbox alone has over 200,000 active business accounts. Unfortunately, the convenience of these platforms and the increase in use by businesses attracts the…
Rank this Week: 141

Socially Aware Blog

Socially Aware Blog

Covers the law and business of social media. By Morrison Foerster.

http://www.sociallyawareblog.com/
Rank this Week: 137

Lipton, Weinberger & Husick Blog

Lipton, Weinberger & Husick Blog

Covers intellectual property issues. By Adam G. Garson.

http://www.garson-law.com/blog
  • Aug 18

    When Will a Court Order a Patent Infringer to Stop Infringing?

    When Will a Court Order a Patent Infringer to Stop Infringing?
    If an infringer copies your patented invention, a judge should make them stop, right?   Not necessarily. An order from a judge directing someone to do or not do something (such as to stop infringing your patent) is called an…
  • Aug 11

    Ask Dr. Copyright about Postage Stamps, Public Artworks and Copyright Infringement

    Ask Dr. Copyright about Postage Stamps, Public Artworks and Copyright Infringement
    Dear Doc:   I’ve heard that when the Post Office makes a mistake in printing a stamp, they can really increase in value. I’ve also heard that the USPS made a whopper of a mistake that is headed for court soon. What can you…
  • Aug 4

    How to Pick a Trademark that Won’t be Rejected by the Patent and Trademark Office

    How to Pick a Trademark that Won’t be Rejected by the Patent and Trademark Office
    At Lipton, Weinberger & Husick, we spend a lot of time reviewing office actions issued to clients who filed trademarks on their own or with a trademark service like LegalZoom or Trademarkia. Registration services provide only the bare…
Rank this Week: 136

Photo Attorney

Photo Attorney

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

http://www.photoattorney.com
  • Aug 11

    Don’t be bound by Binded.com

    Don’t be bound by Binded.com
    The copyright world is abuzz about a new copyright registration service at Binded.com. But don’t be fooled — there’s a reason that Binded can claim: What used to take 20 minutes on copyright.gov, takes 9 seconds on…
  • Aug 11

    Don’t be bound by Binded.com

    Don’t be bound by Binded.com
    The copyright world is abuzz about a new copyright registration service at Binded.com. But don’t be fooled — there’s a reason that Binded can claim: What used to take 20 minutes on copyright.gov, takes 9 seconds on…
  • Jun 26

    Copyright Alliance Seeking Pro Bono Copyright Program Applicant

    Copyright Alliance Seeking Pro Bono Copyright Program Applicant
    The Copyright Alliance has announced a new pro bono program “to provide free legal representation to individual creators and small businesses in lawsuits involving cutting edge copyright issues.” The program will use Columbia Law…
Rank this Week: 148

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: 210

IPKat

IPKat

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

http://ipkitten.blogspot.com/
Rank this Week: 168

Clancco: Art & Law

Clancco: Art & Law

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

http://clancco.com/wp
Rank this Week: 196

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Sep 18

    Secondary trademark liability: Third party counterfeiting as proof of knowledge?

    Secondary trademark liability: Third party counterfeiting as proof of knowledge?
    QUERY:  Are sales of counterfeit products other than those of the plaintiff valid proof of a defendant’s “knowledge” in a contributory trademark infringement case? That question typically arises in the...
  • Sep 15

    Complaint in Gab.AI v. Google

    Complaint in Gab.AI v. Google
    Now here’s something you don’t see every day. Kudos to Marc Randazza and Jordan Rushie for having the courage to file this complaint! Yes, I helped.
  • Sep 8

    Ivan’s IP

    Ivan’s IP
    Originally posted 2007-11-15 13:21:43. Republished by Blog Post PromoterBoing Boing reports on a chilling development: The Kremlin is using Russia’s new anti-software-piracy laws to target dissident media outlets and shut...
Rank this Week: 174

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Sep 17

    Natural Alternatives International, Inc. v. Allmax Nutrition, Inc. (S.D. Cal. 2017)

    Natural Alternatives International, Inc. v. Allmax Nutrition, Inc. (S.D. Cal. 2017)
    By Donald Zuhn -- Last month, in Natural Alternatives International, Inc. v. Allmax Nutrition, Inc., District Judge Marilyn L. Huff of the U.S. District Court for the Southern District of California denied a Motion for Reconsideration filed…
  • Sep 17

    Conference & CLE Calendar

    Conference & CLE Calendar
    September 12, 2017 - "Addressing and Understanding the Significant Developments and Latest Decisions on Patent Eligibility" (The Knowledge Group) - 3:00 to 5:00 pm (EST) September 12, 2017 - "How Can the Patents Ombudsman and Pro Se…
  • Sep 16

    BIO IP & Diagnostics Symposium

    BIO IP & Diagnostics Symposium
    The Biotechnology Industry Organization (BIO) will be holding its fifth annual IP & Diagnostics Symposium from 8:15 am to 2:00 pm on September 29, 2017 at the Westin Alexandria in Alexandria, VA. The Symposium review the current patent…
Rank this Week: 207

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/
Rank this Week: 185

The Virginia Business Litigation…

The Virginia Business Litigation Blog

Covers news and updates in business litigation, IP, trademark, copyright law. By BerlikLaw, LLC.

http://www.virginiabusinesslitigationlawyer.com/
  • Sep 2

    Remedies for Revenge Porn

    Remedies for Revenge Porn
    Most laws were written before people started texting naked pictures of each other on their phones. No one had heard of so-called revenge porn until around 2010, when the controversial website “Is Anyone Up?” launched, allowing…
  • Jun 28

    You Can Sue If Someone Intentionally Hacks Into Your Email

    You Can Sue If Someone Intentionally Hacks Into Your Email
    Unauthorized access to another’s email account can give rise to a variety of claims. The Computer Fraud and Abuse Act (“CFAA”), for example, prohibits a wide variety of improper computer activity, including unauthorized…
  • May 23

    How To Sue for Fraud in Virginia

    How To Sue for Fraud in Virginia
    Actual fraud is defined in Virginia as a misrepresentation of a material fact, made knowingly and intentionally, with the intent to mislead another person, when the person to whom the misrepresentation was made reasonably relies on that…
Rank this Week: 200

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: 222

Patents Post-Grant

Patents Post-Grant

Provides insight and commentary on patent post-grant options. By Oblon, Spivak, McClelland, Maier & Neustadt, LLP.

http://www.patentspostgrant.com
  • Aug 8

    Separate Article III Standing Not Necessary for PTAB Appellee

    Separate Article III Standing Not Necessary for PTAB Appellee
    Article III Standing Only Necessary for Party Invoking Authority of Federal Courts Last week, I analyzed the government's arguments supporting Article III standing for intervenors in Knowles Electronics v. Matal. In that case, the…
  • Aug 8

    FALL PTAB CLE

    FALL PTAB CLE
    Upcoming CLE Program
  • Aug 3

    Patent Prosecutor Alert: When is a Rejection a New Rejection?

    Patent Prosecutor Alert: When is a Rejection a New Rejection?
    What Exactly is the "Thrust of the Rejection?" Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the Federal Circuit that has immediate value for patent prosecutors. For example, back…
Rank this Week: 220

Indiana Intellectual Property…

Indiana Intellectual Property Lawyer Blog

Covers trademark, patent and copyright infringement. By Overhauser Law Offices, LLC.

http://www.iniplaw.org/
  • May 31

    Supreme Court Provides Relief to “Exhausted” Buyers of Printer Cartridge

    Supreme Court Provides Relief to “Exhausted” Buyers of Printer Cartridge
    The US Supreme Court has good news for people that are tired of paying high prices for printer cartridges – the fine print of the “license agreement” in the boxes that prohibits you from refilling the cartridges is no longer…
  • May 23

    Indiana’s TC Heartland Wins Patent Case in US Supreme Court

    Indiana’s TC Heartland Wins Patent Case in US Supreme Court
    TC Heartland LLC of Carmel, Indiana won a precedent-setting victory in the US Supreme Court in its patent infringement suit with Kraft Foods.  The US Supreme Court held that the term “resides” in 28 U.S.C. § 1400(b) for…
  • May 8

    Patent Office Issues 196 Patents To Indiana Citizens in April 2017

    Patent Office Issues 196 Patents To Indiana Citizens in April 2017
    The U.S. Patent Office issued the following 196 patent registrations to persons and businesses in Indiana in April 2017, based on applications filed by Indiana patent attorneys. Overhauser Law Offices, the publisher of this site, assists with…
Rank this Week: 186

eMedia Law

eMedia Law

Covers internet marketing and online media. By Travis Crabtree.

http://www.emedialaw.com/
  • Mar 9

    Do You Even Meme Bro? The Law of Internet Meme

    Do You Even Meme Bro? The Law of Internet Meme
    You know you’ve chuckled at a few of them–the  ubiquitous internet meme.  But, have you ever wondered whether all this sharing, changing and going “viral” is legal. Protecting or commercializing your meme If…
  • Feb 28

    Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

    Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law
    Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming that…
  • Nov 22

    Back to Basics: Trademarks Part 5

    Back to Basics: Trademarks Part 5
    What do I need to do to protect my mark after it is registered? Unlike copyrights and patents, trademarks can last forever if you take the right steps. Once properly registered, you will have to file your first Declaration of Continued Use…
Rank this Week: 184

Seattle Trademark Lawyer

Seattle Trademark Lawyer

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

http://seattletrademarklawyer.com/
  • Sep 19

    Amazon Gives Additional Benefits to Trademark Registrant

    Amazon Gives Additional Benefits to Trademark Registrant
    Amazon gives trademark owners a new reason to register their brands: it’s a ticket to enrolling in the Amazon Brand Registry program. Enrollment gives trademark owners access to enforcement tools within the Amazon marketplace,…
  • Aug 9

    Floodgates on "Offensive" Trademarks Not Open Yet

    Floodgates on "Offensive" Trademarks Not Open Yet
    Section 2(a) of the Lanham Act bars registration of trademarks that may “disparage” persons, institutions, beliefs, or national symbols, or bring them into “contempt, or disrepute” (the “disparagement”…
  • May 16

    Best IP Practices for the Small Business Owner

    Best IP Practices for the Small Business Owner
    I often get trademark and copyright questions from startups or small business owners. Though one size doesn’t fit all, there are some common things to think about when getting your IP house in order. 1. Consider registering your…
Rank this Week: 240

CommLawBlog

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/
  • Sep 19

    Fall FCC Broadcasting and Telecommunications Deadline

    Fall FCC Broadcasting and Telecommunications Deadline
    Note our list is not comprehensive. Other proceedings may apply to you. Please do not hesitate to contact FHH if you have any questions.  September 26, 2017 – Annual Regulatory Fees – These will be due and…
  • Sep 13

    Online Public File to Bring New Scrutiny to Issues/Programs List

    Online Public File to Bring New Scrutiny to Issues/Programs List
    Believe it or not, the date by which all radio stations must have their complete public files online is now less than six months away. Television stations have been dealing with this reality for several years now, as have large stations in…
  • Sep 11

    Busy Times Lie Ahead in Telecomm as Pai Lays Out Modernization Plan

    Busy Times Lie Ahead in Telecomm as Pai Lays Out Modernization Plan
    As we wrote about last week, FCC Chairman Ajit Pai is planning to make some major overhauls at the FCC. Eight months into his term, Pai is preparing to “modernize [the FCC’s] rules to match the realities of today’s…
Rank this Week: 271

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Sep 19

    TTAB Test: Is FARM TO TABLE Merely Descriptive of Wines?

    TTAB Test: Is FARM TO TABLE Merely Descriptive of Wines?
    The USPTO refused to register the mark FARM TO TABLE, finding it merely descriptive of "wines" under Section 2(e)(1), and also concluding that it failed to function as a trademark under Sections 1, 2, and 45 of the Trademark Act. Applicant…
  • Sep 18

    TTAB Denies Fraud Claim But Sustains SUNDICATORS Section 2(d) Opposition

    TTAB Denies Fraud Claim But Sustains SUNDICATORS Section 2(d) Opposition
    The Board sustained this Section 2(d) opposition, finding applicant's mark SUNDICATORS likely to cause confusion with opposer's mark SUN/DICATORS, both for sun awareness products that measure UV radiation and alert the user to reapply…
  • Sep 15

    TTAB Test: How Would You Decide These Three Recent Section 2(d) Appeals?

    TTAB Test: How Would You Decide These Three Recent Section 2(d) Appeals?
    Here are three Section 2(d) appeals decided two days ago. Third-party use and registration evidence played a significant role in each case. At least one of the appeals resulted in reversal of the involved refusal(s), but not all three.…
Rank this Week: 241

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Sep 17

    * Intentional Patents, Intentional Marketing

    * Intentional Patents, Intentional Marketing
    17 Seconds #40 , Intentional IP = Intentional Patents + Intentional Trademarks Clocktower Law‘s approach to patent law and trademark law is to encourage our (mostly startup) clients to inject IP planning into the product launch process.…
  • Aug 22

    * Rename Yawkey Way Yaz Way

    * Rename Yawkey Way Yaz Way
    Red Sox Nation should rally around its founding father, Carl “Yaz” Yastrzemski, and convince Boston Red Sox ownership to rename Yawkey Way to Yaz Way. By Erik J. Heels First published 08/22/2017; ‘Rename Yawkey Way Yaz…
  • Aug 17

    * The Sausage Factory (TM)

    * The Sausage Factory (TM)
    17 Seconds #39 Clocktower Law is committed to continuously improving its service. On 07/30/17 we launched The Sausage FactoryTM, a website powered by MAMP (open source software for the macOS operating system, the Apache web server, the MySQL…
Rank this Week: 318

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Sep 17

    The Alternate Reality of Prior Art

    The Alternate Reality of Prior Art
    Thought pioneer Dan Abelow fits within an interesting designation.  So far in 2017, his U.S. Patent Application No. 2012/0069131 – mysteriously titled “Reality Alternate” – is the Most-Oft examiner cited…
  • Sep 15

    No Federal Cause of Action in Patent Assignment Dispute

    No Federal Cause of Action in Patent Assignment Dispute
    First Data Corp. and Frank Bisignano v. Eric Inselberg and Inselberg Interactive (Fed. Cir. 2017). Interesting tale: Back in 2010 Frank Bisignano loaned Inselberg Interactive (Interactive) $500,000 – a loan…
  • Sep 14

    Foreign Lawsuit Does not Itself Create DJ Jurisdiction in US over Family-Member Patent

    Foreign Lawsuit Does not Itself Create DJ Jurisdiction in US over Family-Member Patent
    Allied Mineral v. OSMI and Stellar Materials (Fed. Cir. 2017) US-based Allied manufactures a cement specially designed for lining aluminum furnaces.  Allied distributes both in the US and in Mexico (through Ferro…
Rank this Week: 260

Scholarly Communications @ Duke

Scholarly Communications @ Duke

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

http://blogs.library.duke.edu/scholcomm/
  • Sep 15

    Revisiting Section 108

    Revisiting Section 108
    Earlier today the U.S. Copyright Office released its long-awaited review of improvements to Section 108 of the Copyright Act, the section which grants limited, specific exceptions to copyright for libraries and archives. Over a decade…
  • May 19

    Does Fair Use Affect Academic Authors’ Incentive to Write? Some Lessons from Authors of Works from the GSU Course Reserves Case

    Does Fair Use Affect Academic Authors’ Incentive to Write? Some Lessons from Authors of Works from the GSU Course Reserves Case
    This post was co-authored by David Hansen and Brandon Butler and cross posted on The Taper and on Duke University Libraries’ Scholarly Communications Blog. Copyright law in the U.S. is premised on the idea that exclusive rights given to…
  • May 3

    LSU v Elsevier – Paying Twice (or More) for Scholarship?

    LSU v Elsevier – Paying Twice (or More) for Scholarship?
    When discussing the cost of library collection purchases, I sometimes try to make the point that universities are really paying for scholarly work twice–once by paying faculty salaries to research and write, and a second time…
Rank this Week: 290

New Media & Technology Law Blog

New Media & Technology Law Blog

Covers intellectual property, data security, online marketing and online commerce. By Proskauer.

http://newmedialaw.proskauer.com
Rank this Week: 235

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Aug 7

    Judge Shadur is Retiring

    Judge Shadur is Retiring
    Effective September 1, 2017, Senior Judge Milton Shadur will retire from the N.D. Illinois bench. Judge Shadur was appointed by President Carter and has served as a federal judge on the Northern District bench for 37 years. Chief Judge…
  • Jul 31

    Trademark May Protect Non-Functional Elements of an Expired Patent

    Trademark May Protect Non-Functional Elements of an Expired Patent
    Solo Cup Operating Corp. v. Lollicup USA, Inc., No. 16 C 8041, Slip Op. (N.D. Ill. May 17, 2017) (Lefkow, J.). Judge Lefkow granted plaintiff Solo Cup’s Fed. R. Civ. P. 12(b)(6) motion to dismiss several of defendant Lollicup’s…
  • Jul 28

    Summary Judgment of Invalidity Based Upon a Naked License Requires a High Burden

    Summary Judgment of Invalidity Based Upon a Naked License Requires a High Burden
    Bodum USA, Inc. v. A Top New Casting, Inc., No. 16 C 2916, Slip Op. (N.D. Ill. May 10, 2017) (Kennelly, J.). Judge Kennelly denied defendant A Top’s motion for summary judgment based upon plaintiff Bodum’s alleged…
Rank this Week: 289

All Things Pros

All Things Pros

A patent prosecution blog, with in-depth discussion of decisions by the Board of Patent Appeals and Interferences (BPAI), prosecution strategies, and PTO procedures. By Karen Hazzah.

http://allthingspros.blogspot.com/
Rank this Week: 314

William Carleton, Counselor @ Law

William Carleton, Counselor @ Law

Covers legal and investment issues facing emerging tech companies.

http://www.wac6.com/wac6/
  • Mar 16

    Secondary Sales and An Investor Covenant You Don’t Want To Mi

    Secondary Sales and An Investor Covenant You Don’t Want To Mi
    Dear Readers: This is a post I co-wrote with Joe Wallin, who has published the almost identical post here. If you are investing in early stage companies, there are certain deal terms you want. Most you probably know already: if...
  • Mar 11

    A Gift from Congress to Angel

    A Gift from Congress to Angel
    The picture here was taken by Joe Wallin, who was on a panel with me, Gary Kocher of K&L Gates, Tom Alberg of Madrona Ventures, and Dan Rosen of the Alliance of Angels, talking to the Angel Capital Association's NW...
  • Mar 3

    Looking for Mr. 506(c)

    Looking for Mr. 506(c)
    "On a relative basis, issuances claiming the new Rule 506(c) exemption have accounted for only 2.1% of the reported capital raised pursuant to Rule 506 since becoming effective in September 2014." So reads a key finding of a report,…
Rank this Week: 312

Military Veterans' Lawyer Blog

Military Veterans' Lawyer Blog

Covers veterans affairs, consumer law, and other legal topics catering to U.S. military veterans. By the Law Offices of Robert B. Goss, P.C.

http://www.militaryveteranlawyer.com/
  • Jan 12

    The One Simple Step All Active-Duty Military Personnel Should Take

    The One Simple Step All Active-Duty Military Personnel Should Take
    Learn the one important step all active-duty military should take to ensure full benefits compensation for themselves and their families. The post The One Simple Step All Active-Duty Military Personnel Should Take appeared first on Military…
  • Jan 12

    The One Simple Step All Active-Duty Military Personnel Should Take

    The One Simple Step All Active-Duty Military Personnel Should Take
    Learn the one important step all active-duty military should take to ensure full benefits compensation for themselves and their families. The post The One Simple Step All Active-Duty Military Personnel Should Take appeared first on Military…
  • Jan 12

    The One Simple Step All Active-Duty Military Personnel Should Take

    The One Simple Step All Active-Duty Military Personnel Should Take
    Learn the one important step all active-duty military should take to ensure full benefits compensation for themselves and their families. The post The One Simple Step All Active-Duty Military Personnel Should Take appeared first on Military…
Rank this Week: 298

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: 249

IPWatchdog

IPWatchdog

Offers insights on current developments in the intellectual property space, and discusses patent, trademark, trade secret and copyright information and news.

http://www.ipwatchdog.com/
Rank this Week: 469

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/
  • Sep 19

    Fish vs Fish

    Fish vs Fish
    Fish IP Law firm seeks declaratory judgment against Fish and Richardson.
  • Sep 11

    Cepeda v Hadid and IMG re Instagram Use of Photo

    Cepeda v Hadid and IMG re Instagram Use of Photo
    Photographer sues model, Gigi Hadid, for uploading copyrighted photo to her Instagram page. As an aside, note alteration of ADIDAS to HADID. Case was filed in ED of Virginia. Plaintiff’s lawyer is from there, and that’s pretty…
  • Sep 11

    Engine Company 3, Ladder Company 12

    Engine Company 3, Ladder Company 12
    When we lived in Chelsea, our local firehouse was Engine Co. 3, Ladder Co. 12. They would send firemen to visit our kids’ preschool. When we took the kids in the stroller by the firehouse, the firemen would let the kids climb on the…
Rank this Week: 417

Azrights

Azrights

Covers trade marks, copyright, internet marketing, social networking, search engine optimization, protection of reputations and brands on the internet.

http://www.azrights.com/blog/
  • Sep 14

    Want To Avoid The Need To Rebrand? Find Out The Pitfalls Before You Choose A Name

    Want To Avoid The Need To Rebrand? Find Out The Pitfalls Before You Choose A Name
    Picking a name for your business isn’t always straightforward. An obvious first step for entrepreneurs embarking on a naming project is to pick some names and do a search engine check to assess whether anyone else is using the name. If…
  • Sep 4

    Cease And Desist Letter? Six Crucial Points About Trade Mark

    Cease And Desist Letter? Six Crucial Points About Trade Mark
    Your product or service’s brand name is how you promote and advertise your business—and it’s what your customers use to recommend you. Using a strong brand name, your business becomes better known and builds goodwill in its…
  • Aug 31

    Cease And Desist Letter? Six Crucial Points About Trade Mark

    Cease And Desist Letter? Six Crucial Points About Trade Mark
    Your product or service’s brand name is how you promote and advertise your business—and it’s what your customers use to recommend you. Using a strong brand name, your business becomes better known and builds goodwill in its…
Rank this Week: 367

Privacy and IP Law Blog

Privacy and IP Law Blog

Addresses recent events in trademark, copyright, computer and privacy law. By Christina Frangiosa.

http://privacyandiplawblog.com/
  • Sep 12

    IP Claims Fail Against ISP for Merely Hosting Infringing Material

    IP Claims Fail Against ISP for Merely Hosting Infringing Material
    In Parker v. Paypal, the court dismissed an individual author’s suit against Amazon for hosting an infringing copy of his copyrighted work, deciding that ISPs actions in merely hosting the infringing work did not cause "in some…
  • Jul 27

    Don’t Assume Post-Registration Invoices for Trademark Fees Are Legitimate

    Don’t Assume Post-Registration Invoices for Trademark Fees Are Legitimate
    Following up on the USPTO's public roundtable on "Fraudulent and Misleading Solicitations to Trademark Owners", this post analyzes how to recognize fraudulent fee solicitations (invoices) and what to do when you receive them. The post…
  • Jun 5

    What do Barber Poles and Lapel Pins Have in Common?

    What do Barber Poles and Lapel Pins Have in Common?
    Both can serve as examples of trademark use in connection with membership in an organization. In May, the Wall Street Journal reported on enforcement actions by the New Hampshire Board of Barbering, Cosmetology & Esthetics to fine the…
Rank this Week: 424

Eric Morton's Legal Blog

Eric Morton's Legal Blog

Provides insights into business and intellectual property issues.

http://ericmortonlaw.blogspot.com/
Rank this Week: 520

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
  • May 2

    Aaron Nielson, "The Past and Future of Deference: From Justice Scalia to Justice Gorsuch"

    Aaron Nielson, "The Past and Future of Deference: From Justice Scalia to Justice Gorsuch"
    With commentary by Professor Daniel Hemel Professor Nielson is a law professor at Brigham Young University and teaches/writes in the areas of administrative law, civil procedure, federal courts, and antitrust. Before joining the faculty,…
  • Apr 21

    To POE or Not to POE: The Proper Evidentiary Standard for Campus Sexual Misconduct (A Debate)

    To POE or Not to POE: The Proper Evidentiary Standard for Campus Sexual Misconduct (A Debate)
    Featuring Professors Nancy Chi Cantalupo, Katharine Baker, Daniel Hemel, and Richard Epstein. Moderated by Professor Emily Buss. Presented by the Domestic and Sexual Violence Project, Defenders, Law Women's Caucus, Education and Child…
  • Mar 7

    Gillian Thomas, "Title VII and Women in the Workplace"

    Gillian Thomas, "Title VII and Women in the Workplace"
    Gillian Thomas, staff attorney at the ACLU Women's Rights Project, will discuss issues in her recently-published book, Because of Sex: One Law, Ten Cases, and Fifty Years about Title VII and its effects for women in the workplace. The book…
Rank this Week: 498

Illinois Business Law Journal

Illinois Business Law Journal

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

https://publish.illinois.edu/illinoisblj/
  • Mar 16

    Keeping an AI on Technological Advances in Business Law

    Keeping an AI on Technological Advances in Business Law
    Source: The Economist By Elizabeth Rice Download full note here. This Note explores the role that artificial intelligence plays in the legal world today and the ways in which it may affect the legal profession in the future. …
  • Mar 16

    Timing Brexit Right: Theresa May’s Great Political Challenge

    Timing Brexit Right: Theresa May’s Great Political Challenge
    Source: Andy Rain of EPA Download full note here. By Julian Jankowski The Prime Minister of the United Kingdom, Theresa May, in her expressed pursuit for a hard Brexit, faces economic, legal, and political challenges in her endeavors to…
  • Mar 16

    Driving Solo: Solutions to the Current Patchwork of Legislation Concerning Automated Vehicle

    Driving Solo: Solutions to the Current Patchwork of Legislation Concerning Automated Vehicle
    Source: AP Download full note here. By Bryan Boccelli This Note argues that states across the nation should expand upon and in some cases begin to introduce legislation in regards to self-driving vehicles. Although there are currently a…
Rank this Week: 494

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/
  • Jan 3

    The End of One Era for EDTexweblog.com - The Beginning of Another

    The End of One Era for EDTexweblog.com - The Beginning of Another
    I wanted to thank my readers over the past 13 years for the time they've taken to read my blog on practice in the Eastern District of Texas, and invite all of you to follow the blog's next, upgraded phase....
  • Dec 29

    2016 EDTX patent verdicts review; 43% Marshall/Tyler win rate; 52% overall; competitor cases increase

    2016 EDTX patent verdicts review; 43% Marshall/Tyler win rate; 52% overall; competitor cases increase
    2016 saw 19 patent trials in the Eastern District of Texas. Plaintiffs won 43% in the patent-heavy Marshall and Tyler divisions, but the overall outcome was 52% due to three plaintiff wins in the traditionally less patent-intensive divisions…
  • Dec 29

    Marshall News Messenger review of local court activity in 2016

    Marshall News Messenger review of local court activity in 2016
    It's the time of year for 2016 reviews, and today's Marshall News Messenger had one I thought readers might be interested in Judicial system in review: Marshall courts saw throng of good, bad activity in 2016 in which the paper's...
Rank this Week: 344

Copyfight

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/
  • Oct 9

    NASA Bulking Up Public Domain

    NASA Bulking Up Public Domain
    A brief happy moment in my morning: NASA has put onto Flikr thousands of photos from the "Project Apollo Archive. They are organized into albums by Apollo mission numbers and include hundreds of images never before seen by the public. All…
  • Oct 3

    Un/Fair Use Event at CfA New York

    Un/Fair Use Event at CfA New York
    The MIT Architecture School (of which I am, technically, a graduate) is collaborating on an exhibition on the topic of copying and copyright in architecture. Called Un/Fair Use the event opened last month and runs until January 2, 2016 at…
  • Sep 25

    Happy Not-Copyrighted Birthday

    Happy Not-Copyrighted Birthday
    A couple days back, District Judge George H. King agreed that the song "Happy Birthday to You" - specifically the lyrics of the song - were not copyrighted. It's been clear for some time that the melody, originally sung as "Good Morning to…
Rank this Week: 447