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The Brand Protection Blog

The Brand Protection Blog

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

http://www.thebrandprotectionblog.com
  • Aug 20

    Court decision highlights difficulty in challenging innovation patent

    Court decision highlights difficulty in challenging innovation patent
    Late last month, Justice Burley handed down his decision in Doric Products Pty Ltd v Asia Pacific Trading (Aust) Pty Ltd [2017] FCA 849. The decision provides a useful illustration of how Australian Courts will approach construction,…
  • Aug 20

    Australian Modern Slavery Act: Why big brands will have nowhere to hide

    Australian Modern Slavery Act: Why big brands will have nowhere to hide
    The Australian Government has just confirmed that new legislation will be introduced requiring large Australian businesses to report annually on their efforts to address modern slavery. The result will be a framework similar to the…
  • Aug 14

    Protest Site Grounded for Using Adulterated Trademark

    Protest Site Grounded for Using Adulterated Trademark
    In United Airlines, Inc. v. Cooperstock, 2017 FC 616, the Federal Court of Canada enjoined a disgruntled traveler from using colorable variations of United Airlines’ trademarks on a protest website he set up at www.untied.com.…
Rank this Week: 4049

The Brand Protection Blog

The Brand Protection Blog

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

http://www.thebrandprotectionblog.com/
  • Aug 20

    Court decision highlights difficulty in challenging innovation patent

    Court decision highlights difficulty in challenging innovation patent
    Late last month, Justice Burley handed down his decision in Doric Products Pty Ltd v Asia Pacific Trading (Aust) Pty Ltd [2017] FCA 849. The decision provides a useful illustration of how Australian Courts will approach construction,…
  • Aug 20

    Australian Modern Slavery Act: Why big brands will have nowhere to hide

    Australian Modern Slavery Act: Why big brands will have nowhere to hide
    The Australian Government has just confirmed that new legislation will be introduced requiring large Australian businesses to report annually on their efforts to address modern slavery. The result will be a framework similar to the…
  • Aug 14

    Protest Site Grounded for Using Adulterated Trademark

    Protest Site Grounded for Using Adulterated Trademark
    In United Airlines, Inc. v. Cooperstock, 2017 FC 616, the Federal Court of Canada enjoined a disgruntled traveler from using colorable variations of United Airlines’ trademarks on a protest website he set up at www.untied.com.…
Rank this Week: 4120

Le blog du droit europeen des…

Le blog du droit europeen des brevets

Covers European patent law (in French).

http://europeanpatentcaselaw.blogspot.com/
  • Aug 20

    Actavis c/ Eli Lilly : changement de la pratique britannique en matière de contrefaçon par équivalence

    Actavis c/ Eli Lilly : changement de la pratique britannique en matière de contrefaçon par équivalence
    Dans un arrêt du 12 juillet dernier, la Cour Suprême du Royaume-Uni a bouleversé la jurisprudence britannique en termes de contrefaçon par équivalence. Actavis avait saisi les juridictions britanniques en…
  • Aug 17

    L'invention de la semaine

    L'invention de la semaine
    Au secours, la rentrée approche ! Brevet US1604087
  • Aug 15

    T758/12 : plan, principe et méthode

    T758/12 : plan, principe et méthode
    Il est rare qu'une demande soit rejetée sur le fondement de l'article 52(2) c) CBE, car il suffit d'ajouter une caractéristique technique pour échapper à l'objection. En voici toutefois un exemple, dans le domaine…
Rank this Week: 607

Written Description

Written Description

Reviews recent scholarship in patent law, intellectual property theory, and innovation. By Christopher Suarez, Sarah Tran, and Tan Mau Wu.

http://writtendescription.blogspot.com/
  • Aug 20

    Gugliuzza & Lemley on Rule 36 Patentable-Subject-Matter Decision

    Gugliuzza & Lemley on Rule 36 Patentable-Subject-Matter Decision
    Paul Gugliuzza (BU) and Mark Lemley (Stanford) have posted Can a Court Change the Law by Saying Nothing? on the Federal Circuit's many affirmances without opinion in patentable subject matter cases. They note a remarkable discrepancy:…
  • Aug 14

    Research Handbook on the Economics of IP (Depoorter, Menell & Schwartz)

    Research Handbook on the Economics of IP (Depoorter, Menell & Schwartz)
    Many IP professors have posted chapters of the forthcoming Research Handbook on the Economics of Intellectual Property Law. As described in a 2015 conference for the project, it "draws together leading economics, legal, and empirical scholars…
  • Aug 2

    Kevin Collins on Patent Law's Authorship Screen

    Kevin Collins on Patent Law's Authorship Screen
    Numerous scholars have examined the various functionality screens that are used to prevent non-utility-patent areas of IP from usurping what is properly the domain of utility patent law (see, e.g., the terrific recent articles by Chris…
Rank this Week: 836

Written Description

Written Description

By Lisa Ouellette, Camilla Hrdy, and Michael Risch. Reviews recent news and scholarship on patent law, intellectual property theory, and innovation.

http://writtendescription.blogspot.com/
  • Aug 20

    Gugliuzza & Lemley on Rule 36 Patentable-Subject-Matter Decision

    Gugliuzza & Lemley on Rule 36 Patentable-Subject-Matter Decision
    Paul Gugliuzza (BU) and Mark Lemley (Stanford) have posted Can a Court Change the Law by Saying Nothing? on the Federal Circuit's many affirmances without opinion in patentable subject matter cases. They note a remarkable discrepancy:…
  • Aug 14

    Research Handbook on the Economics of IP (Depoorter, Menell & Schwartz)

    Research Handbook on the Economics of IP (Depoorter, Menell & Schwartz)
    Many IP professors have posted chapters of the forthcoming Research Handbook on the Economics of Intellectual Property Law. As described in a 2015 conference for the project, it "draws together leading economics, legal, and empirical scholars…
  • Aug 2

    Kevin Collins on Patent Law's Authorship Screen

    Kevin Collins on Patent Law's Authorship Screen
    Numerous scholars have examined the various functionality screens that are used to prevent non-utility-patent areas of IP from usurping what is properly the domain of utility patent law (see, e.g., the terrific recent articles by Chris…
Rank this Week: 4792

Information Technology Law Blog

Information Technology Law Blog

Covers social media, e-discovery, privacy, and intellectual property. By Foster Swift Collins & Smith PC.

http://www.michiganitlaw.com/
Rank this Week: 3180

Web-Tones

Web-Tones

Covers copyright, patents, privacy and trademark. By the Digital Business Law Group.

http://www.lawtechtv.com/
  • Aug 20

    FREE HIPAA Implementation Detailed Project Plan

    FREE HIPAA Implementation Detailed Project Plan
    This Post contains access to the new HIPAA Implementation Detailed Project Plan. The HIPAA Implementation Project Plan is organized by Chunks/Sprints to support rapid completion your HIPAA Compliance Initiative ("HCI"). High-Level Tracks…
  • Aug 13

    State Laws, Breach Notification & the Protection of Personal Data

    State Laws, Breach Notification & the Protection of Personal Data
    At the HIPAA Survival Guide and the Digital Business Law Group we are starting to grapple with the much broader question of when state laws require breach notification. As the NCSL states in their overview on this topic: Forty-eight…
  • Aug 11

    The NIST Assessment Criticality Model!

    The NIST Assessment Criticality Model!
    The notion of "Criticality Analysis" is NOT foreign to the HIPAA Security Rule ("SR"). The SR addresses (in part) this requirement as part of the implementation specifications for the Contingency Standard in the Administrative Safeguards:…
Rank this Week: 1838

Delaware Intellectual Property…

Delaware Intellectual Property Litigation

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

http://delawareintellectualproperty.foxrothschild.com/
Rank this Week: 4151

New York Trademark Attorney Blog

New York Trademark Attorney Blog

Covers intellectual property law. By Nikki Siesel, Esq. of the Law Offices Of Joseph C. Messina.

http://www.newyorktrademarkattorneyblog.com/
  • Aug 18

    The Doctrine Of Foreign Equivalents Is Alive And Well

    The Doctrine Of Foreign Equivalents Is Alive And Well
    The Trademark Trial and Appeal Board (the “Board”) issued a decision two days ago that reaffirmed to trademark practitioners that the doctrine of foreign equivalents must be seriously considered when conducting trademark…
  • Jul 31

    After CAFC’s Decision In Earnhardt, TTAB Must Take Greater Care In Surname Determination

    After CAFC’s Decision In Earnhardt, TTAB Must Take Greater Care In Surname Determination
    The United States Court of Appeals for the Federal Circuit vacated and remanded the Board’s findings in Teresa H. Earnhardt v. Kerry Earnhardt, Inc., Opposition Nos. 91205331 and 91205338 (February 26, 2016). The Applicant sought to…
  • Jul 14

    Williams-Sonoma Is Refused Registration Of The Mark MANHATTAN

    Williams-Sonoma Is Refused Registration Of The Mark MANHATTAN
    It appears that more often than not the Trademark Trial and Appeal Board (the “Board” or the “TTAB”) issues favorable decisions for the big corporations. However, this one came down against Williams-Sonoma Inc. (the…
Rank this Week: 3933

Pay or Play

Pay or Play

Covers entertainment law. By Fox Rothschild LLP.

http://payorplay.foxrothschild.com/
  • Aug 18

    Creator of NBA 2K16 Warns Tattoo Lawsuit Could Leave Lasting Impression

    Creator of NBA 2K16 Warns Tattoo Lawsuit Could Leave Lasting Impression
    A multi-million dollar lawsuit for copyright infringement against Take Two Software, the creators of NBA 2K16 has proved to be anything but a slam dunk.  The alleged infringement concerns player avatars displaying tattoos worn by several…
  • Aug 16

    Three Takeaways from the Disney/Netflix Split

    Three Takeaways from the Disney/Netflix Split
    The media community has been buzzing with the news that Disney plans to launch its own digital subscription channel for movies and series content. Its current license deal with Netflix expires at the end of 2018, after which new Disney and…
  • Aug 4

    ACLU Files Amicus Brief in Defamation Suit Against HBO for Last Week Tonight Episode

    ACLU Files Amicus Brief in Defamation Suit Against HBO for Last Week Tonight Episode
    The West Virginia branch of the American Civil Liberties Union recently filed an amicus brief in support of John Oliver, HBO and Time Warner, all of whom have been named as defendants in a defamation lawsuit filed by coal mogul, Robert…
Rank this Week: 4654

this WEEK in LAW

this WEEK in LAW

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

http://twit.tv/twil
  • Aug 18

    TWiL 396: The Possibilities Are Endle

    TWiL 396: The Possibilities Are Endle
    Star Trek mock ups and fair Suess. Stripes, chevrons, what's the use? Join Denise Howell, Mike Keyes, Mark McKenna, and Matthew Curtis as they discuss tiki torches and brand management. LinkedIn is enjoined, what will they do? Dog selfies -…
  • Aug 11

    TWiL 395: Outsourcing Bias and Whale

    TWiL 395: Outsourcing Bias and Whale
    Is Naruto the real Naruto? A competitive market for hacker mercenaries? Join Denise Howell, Emory Roane, and Matthew Curtis dissects whether humans are biologically unsuited for IT employment. Is Disney following COPPA or following you? Can…
  • Aug 4

    TWiL 394: Covering Your Bot

    TWiL 394: Covering Your Bot
    Federal privacy complaint for Google's program to track shoppers, Roomba CEO says they won't sell maps of users' homes... or will they? Where does your car's collected data go? Anonymous browsing data can be exposed, what happens when the…
Rank this Week: 282

Patent Arcade

Patent Arcade

Covers video game IP law. By Ross Dannenberg.

http://www.patentarcade.com/
  • Aug 18

    Game Companies Using Inter Partes Reviews (IPRs) As Part of Litigation Strategy

    Game Companies Using Inter Partes Reviews (IPRs) As Part of Litigation Strategy
    We’ve previously written with updates about inter partes reviews (“IPRs”), where an accused infringer files a petition with the US Patent and Trademark Office arguing that the asserted patent should’ve never been…
  • Aug 18

    Atari sues Nestle over Breakout Advertisement

    Atari sues Nestle over Breakout Advertisement
    Atari Interactive, Inc. v. Nestlé, SANo. 3:17-CV-04803-SK (N.D. Cal. Aug. 17, 2017)On August 17, 2017, Atari Interactive sued Nestlé, alleging that a Nestlé KIT KAT® advertisement titled “Kit Kat:…
  • Aug 11

    Another Nintendo Switch Lawsuit, this time against GameStop

    Another Nintendo Switch Lawsuit, this time against GameStop
    Wireless Accessory Retaining, LLC v. GameStop Corp.No. 2:17-CV-167-RWS (N.D. Ga. Aug. 9, 2017)Fresh on the heels of Gamevice’s lawsuit against Nintendo, which we discussed in a previous post, Wireless Accessory Retaining, LLC has filed…
Rank this Week: 442

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/
Rank this Week: 165

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: 2239

Fashion Counsel with Anthony V.…

Fashion Counsel with Anthony V. Lupo

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

http://fashioncounsel.com
Rank this Week: 3750

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
  • Aug 18

    “Richard Prince’s working methods…apparently not an ‘aesthetic alteration’”

    “Richard Prince’s working methods…apparently not an ‘aesthetic alteration’”
    We noted last month that the copyright infringement suit against Richard Prince is moving forward. Here’s an interesting article co-authored by copyright guru, Bob Clarida (and Robert Bernstein), on the strategic aspect of Prince asking…
  • Aug 18

    Gerhard Richter Painting Part of Major Lawsuit

    Gerhard Richter Painting Part of Major Lawsuit
    The Richter [up for auction at Phillips last November] had been guaranteed for $24 million by 28-year-old Beijing businessman and art collector Zhang Chang. But Zhang has so far refused to pay. Zhang’s refusal to make good on his…
  • Aug 15

    The Status of Fair Use in the Jeff Koons Era

    The Status of Fair Use in the Jeff Koons Era
    Interesting article on the five lawsuits brought against Jeff Koons for his appropriation of copyrighted works. Depending on who you ask, the doctrine of fair use has either been clarified or muddled. One thing the ’80s could not have…
Rank this Week: 239

Copyhype

Copyhype

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

http://www.copyhype.com/
  • Aug 18

    Friday’s Endnotes – 08/18/17

    Friday’s Endnotes – 08/18/17
    Court Confirms the Obvious: Aiding and Abetting Criminal Copyright Infringement Is a Crime — Devlin Hartline has a great analysis of the recent decision to not dismiss criminal charges against the owner and operator of alleged pirate…
  • Aug 16

    Copyright and the Historical Record

    Copyright and the Historical Record
    On August 18, 1787, James Madison proposed to the Constitutional Convention what would become Article 1, Section 8, Clause 8 of the Constitution, granting Congress the authority to make copyright (and patent) laws. To mark 230 years…
  • Aug 11

    Friday’s Endnotes – 08/11/17

    Friday’s Endnotes – 08/11/17
    Cheerleader Uniform IP Case Ends With Unusual Settlement — Following its defeat in the Supreme Court over the question of whether the visual designs on cheerleader uniforms it was accused of copying were protected by copyright, Star…
Rank this Week: 265

TechnoLlama

TechnoLlama

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

http://www.technollama.co.uk
  • Aug 18

    The great free speech online debate

    The great free speech online debate
    One of the most over-used (yet true) legal comparisons in Internet regulation studies is to contrast the European and US approaches to freedom of speech when it comes to cyberspace. The United States favours an almost unlimited view of…
  • Aug 8

    Should academics try to engage the public?

    Should academics try to engage the public?
    This may seem like an odd title given the fact that I write a blog and I also have an active social media presence. But the question of public engagement is one that does come up often in academic circles, where we are increasingly encouraged…
  • Aug 8

    Should academics try to engage the public?

    Should academics try to engage the public?
    This may seem like an odd title given the fact that I write a blog and I also have an active social media presence. But the question of public engagement is one that does come up often in academic circles, where we are increasingly encouraged…
Rank this Week: 332

Patentology

Patentology

News and views on patents and innovation, with a focus on Australia and New Zealand.

http://blog.patentology.com.au/
Rank this Week: 1095

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/
  • Aug 17

    Can Trader Joe's Stop My Book?

    Can Trader Joe's Stop My Book?
    Dear Rich: I wrote an 84-page culinary history book proposing that Trader Joe's changed the way America eats. I self-published it recently (as it is their 50th anniversary this year.) The book analyzes a March 1982 flyer, which TJ's had…
  • Aug 10

    Can We Get Patent Rights Back From Our Employer?

    Can We Get Patent Rights Back From Our Employer?
    Dear Rich: Almost two years ago I had an idea and with two other guys that I worked with. We developed a product completely outside of work (none of our jobs were in hardware design etc.). We took almost a year to get the product right, but…
  • Aug 2

    Should I Submit Fabric Designs to Vida?

    Should I Submit Fabric Designs to Vida?
    Dear Rich: I built my business on printing my designs on fabric and making stuff. Now there's a handy service (VIDA) that makes stuff with your uploaded design and sells it to others. That makes it easier. I am just leery of any "catches."…
Rank this Week: 452

Intellectual Property News

Intellectual Property News

By Mandour & Associates.

http://www.intellectualpropertynews.com/
  • Aug 17

    Crocs Denied Patent for Plastic Shoe Design

    Crocs Denied Patent for Plastic Shoe Design
    IPNews® - Popular footwear company, Crocs, has received a third rejection of its design patent application for its popular shoe design. Crocs’ shoe design was deemed unoriginal and there are reports that the design was already in…
  • Aug 9

    Mississippi Business Man Files Trademark for "N" word

    Mississippi Business Man Files Trademark for "N" word
    IPNews® - A businessman from Mississippi has applied to trademark the “N” word in an attempt to transform the word away from a racial slur. Curtis Bordenave wants us to redefine the word and instead give it a positive meaning.…
  • Aug 3

    Pierogi Fest Trademark Battle Heats Up

    Pierogi Fest Trademark Battle Heats Up
    IPNews® - A pierogi is at the center of a trademark battle in Pennsylvania.  One pierogi festival claims trademark infringement, while the other claims there are no grounds for consumer confusion.  After legal action was…
Rank this Week: 869

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: 1361

IP Law Blog

IP Law Blog

Covers copyrights, cyberspace law, music, patents, privacy, trade secrets and trademarks. By Weintraub Genshlea Chediak.

http://www.theiplawblog.com/
Rank this Week: 771

Filewrapper.com

Filewrapper.com

Features news and commentary on intellectual property law. By McKee, Voorhees & Sease.

http://www.filewrapper.com/
  • Aug 16

    A Computer Memory System is Not Abstract

    A Computer Memory System is Not Abstract
    Post By Blog Staff In a decision on August 15, 2017, the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the district court’s decision in Visual Memory LLC v. NVIDIA Corporation. The CAFC…
  • Aug 16

    The Most Difficult Definition: Considerations for Defining “Genetically Modified Organism"

    The Most Difficult Definition: Considerations for Defining “Genetically Modified Organism"
    Post By Caitlin M Andersen A patent applicant is free to act as their own lexicographer in drafting an application and may define terms as they see fit. Should a word not be defined explicitly in the application, the Patent Office will…
  • Aug 8

    Domain Name Disputes: A UDRP Primer

    Domain Name Disputes: A UDRP Primer
    Post By Brandon Clark Has someone registered a domain that is identical or strikingly similar to your brand name or trademark? What rights do you have and what legal remedies are available if you or your company find yourself in a dispute…
Rank this Week: 488

Director's Forum: David Kappos'…

Director's Forum: David Kappos' Public Blog

From the US Patent and Trademark Office.

http://www.uspto.gov/blog/director/
  • Aug 16

    Dream to Reality – Helping Inventors Patent New Technologie

    Dream to Reality – Helping Inventors Patent New Technologie
    A blog about the USPTO from the Department of Commerce Small businesses and independent inventors both serve a vital role in our nation’s economy. And, helping those with limited resources is an important goal of the United States…
  • Aug 2

    Federal Agencies Tackling Trademark Scam

    Federal Agencies Tackling Trademark Scam
    Guest Blog by Commissioner for Trademarks Mary Boney Denison Some trademark applicants and registrants have paid fees to private companies while mistakenly thinking they were paying fees required by the USPTO. To combat this problem, last…
  • Aug 1

    Inspiring Young Minds to be Innovators and Pursue their Dream

    Inspiring Young Minds to be Innovators and Pursue their Dream
    Blog by Joe Matal, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO At Camp Invention, almost two million students have explored their own innate creativity,…
Rank this Week: 1847

Patent Law Practice Center

Patent Law Practice Center

Features news, analysis and resources on patent law. From the Practicing Law Institute (PLI).

http://patentlawcenter.pli.edu
  • Aug 16

    Amin confirmed by Senate as IP enforcement coordinator

    Amin confirmed by Senate as IP enforcement coordinator
    On Thursday, August 3, 2017, the United States Senate, through a deal brokered by leaders McConnell (R-KY) and Schumer (D-NY), voted out dozens of Trump nominees under a unanimous consent agreement. Under this procedure, there is no…
  • Aug 10

    An interview with Congressman Thomas Massie

    An interview with Congressman Thomas Massie
    “I can tell you, every day Congress is in session, there are lobbyists here trying to weaken the patent system,” Congressman Thomas Massie explained to me when I interviewed him on June 28, 2017. In Massie’s words, those…
  • Aug 7

    Infringers may soon pay a heavy price in China

    Infringers may soon pay a heavy price in China
    Chinese President Xi Jinping recently made some unusually strong comments regarding intellectual property. “Wrongdoing should be punished more severely so that IP infringers will pay a heavy price,” Xi said. According to IAM, the…
Rank this Week: 655

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
  • Aug 16

    Proving and Protecting Rights to Domain Name

    Proving and Protecting Rights to Domain Name
    At their best, UDRP panelists are educators. They inform us about the ways in which parties win or lose on their claims and defenses. What to do and not do. In addressing this issue, I’m referring to less than 10% of cybersquatting…
  • Jul 24

    No Time Bar, No Laches under the UDRP

    No Time Bar, No Laches under the UDRP
    Two UDRP decisions posted this month involved domain names registered 20 and 21 years ago, David Duchovny v. Alberta Hot Rods c/o Jeff Burgar, FA1706001734414 (Forum July 4, 2017) (<davidduchovny.com>, 21 years) and Commonwealth Bank of…
  • Jul 10

    Do Trade Names Qualify as Trade Marks for Purposes of the UDRP?

    Do Trade Names Qualify as Trade Marks for Purposes of the UDRP?
    Naming is the first imperative. It as much precedes the launching of new lives as it does new businesses. Names secure a presence, and for businesses in the marketplace names can grow into trademarks, if they function like one. Are we not…
Rank this Week: 475

Trade Secrets Watch

Trade Secrets Watch

By Orrick.

http://blogs.orrick.com/trade-secrets-watch/
Rank this Week: 4518

Technology Law Source

Technology Law Source

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

http://www.technologylawsource.com/
Rank this Week: 3893

NorCal IP

NorCal IP

Covers notable new case filings and verdicts within the Northern District of California. By Orrick.

http://blogs.orrick.com/norcal-ip/
  • Aug 16

    Save Me Some Money: Paring Down Costs in Patent Litigation

    Save Me Some Money: Paring Down Costs in Patent Litigation
    Order Re Pilot Motions for Summary Judgment, Comcast Cable Communications, LLC v. OpenTV, Inc. et. al., N.D. Cal. (August 4, 2017) (Judge William Alsup) It’s no secret that patent litigation is expensive—especially when multiple…
  • Aug 15

    “Weight” a Minute – Upon Further Review Those Claims Are Not Indefinite

    “Weight” a Minute – Upon Further Review Those Claims Are Not Indefinite
    Commission Opinion, Certain UV Curable Coatings For Optical Fibers, and Products Containing the Same, Inv. No. 337-TA-1031 (August 11, 2017) (ITC) We previously posted – “Weight” a Minute- Those Claims Are Indefinite –…
  • Aug 14

    From Northern California to the Entire IP Landscape: Orrick’s New Blog

    From Northern California to the Entire IP Landscape: Orrick’s New Blog
    We’re excited to announce the recent transition of Orrick’s former NorCal IP blog into to its new iteration – IP Landscape (Today’s News, Tomorrow’s Strategy)!  Our new blog is more comprehensive in scope…
Rank this Week: 4843

Erik M Pelton & Associates, PLLC…

Erik M Pelton & Associates, PLLC Blog

Trademark, brand and social media news, analysis and tips.

http://www.erikpelton.com/resources/
  • Aug 16

    Why a bland brand name is a bad idea: Best Bagel & Coffee, a case study

    Why a bland brand name is a bad idea: Best Bagel &amp; Coffee, a case study
    I love a good cup of coffee in the morning (and sometimes in the afternoon). New York has many good coffee shops. When I visit New York, I can’t resist getting a bagel. The bagels in New York are superior. Maybe its because they have so…
  • Aug 7

    Domain name scams continue

    Domain name scams continue
    I received this today via email, and several clients have contacted me recently regarding similar solicitations. This is almost certainly a phishing scam. I  suggsest ignoring it.   Dear Sir/Madam, We are a domain name registration…
  • Aug 4

    TPAC Meeting Summary – July 28, 2017

    TPAC Meeting Summary – July 28, 2017
    I was unable to attend last week’s meeting of the Trademark Public Advisory Committee. However, our firm attended the public meeting and obtained a copy of the slides from the presentations. See below. Discussion topics included: TMNG /…
Rank this Week: 1223

Steiger Legal

Steiger Legal

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

http://www.steigerlegal.ch/
  • Aug 16

    Alps Forum rund um Cybersecurity: Jetzt anmelden!

    Alps Forum rund um Cybersecurity: Jetzt anmelden!
    Am 21. und 22. September 2017 findet das erste Alps Forum der Law and Economics Foundation St.Gallen statt. Thema des ersten Forums, das in Zukunft jährlich stattfinden soll, ist Cybersecurity: …
  • Aug 12

    Abmahnungen: Inkassobüro EOS verschickt Zahlungsaufforderungen für COPYTRACK

    Abmahnungen: Inkassobüro EOS verschickt Zahlungsaufforderungen für COPYTRACK
    Wer nicht auf urheberrechtliche Abmahnungen reagiert, muss neuerdings damit rechnen, vom Inkassobüro EOS Schweiz AG eine Zahlungsaufforderung zu erhalten. EOS bezieht sich in ihren Zahlungsaufforderungen insbesondere auf Forderungen aus…
  • Aug 11

    Internet-Handelsregister nimmt 10 Tage Urlaub

    Internet-Handelsregister nimmt 10 Tage Urlaub
    Der Zentrale Firmenindex (Zefix) und die Handelsregister im Internet sind immer mal wieder nicht verfügbar. Vielleicht ändert sich das nun im Kanton Zürich, wo das Internet-Handelsregister für 10 Tage auf …
Rank this Week: 4201

Journal of the Patent and…

Journal of the Patent and Trademark Office Society

Covers patents, trademarks, and copyrights.

http://jptos.org
  • Aug 15

    Claims With Ranges, the Result-Effective Variable, and In re Applied Material

    Claims With Ranges, the Result-Effective Variable, and In re Applied Material
    Claims With Ranges, the Result-Effective Variable, and In re Applied Materials Tom Brody Claims can be drafted to require a parameter associated with a value (number), range, or algorithm. Where a claim includes a parameter associated with…
  • Aug 14

    IP Operations Manager

    IP Operations Manager
    “This is a new role created within the Intellectual Property team here at Gilead Sciences, reporting into the Vice president of Intellectual Property and will support an international department of about 20 Attorneys. This is an…
  • Aug 5

    ''Adapted to'' After Aspex

    ''Adapted to'' After Aspex
    ''Adapted to'' After AspexSean BurkeA recent trio of Federal Circuit cases has exposed uncertainty about the meaning of the linking phrase “adapted to.” Under the new intrinsic evidence standard, “adapted to” is…
Rank this Week: 3602

Carter Law Firm Blog

Carter Law Firm Blog

Covers intellectual property and social media. By Ruth Carter.

http://carterlawaz.com/blog/
  • Aug 15

    FTC Rules: Easy to Follow, Easy to Forget

    FTC Rules: Easy to Follow, Easy to Forget
    I have the pleasure of speaking at Content Marketing World next month, in part, about the FTC rules that apply to advertising. Disclose, Disclose, Disclose The key to complying with the FTC rules for native advertising it to always disclose…
  • Aug 8

    Model Release and Regret

    Model Release and Regret
    Recently, I received an email from a photographer (not my client) who had a question about the validity of model releases. As I understood the situation, he hired a model (over age 18) to do a photoshoot at his studio. The model was…
  • May 29

    Ultrasabers v. Phoenix Comicon | Contracts Matter

    Ultrasabers v. Phoenix Comicon | Contracts Matter
    Phoenix Comicon nearly started with a bang – literally. On the first day of the con, Mathew Sterling, arrived at the Phoenix Convention Center with a loaded shotgun, three handguns, and knives, allegedly intending to kill actor…
Rank this Week: 1717

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Aug 15

    Breakfast, lunch and dinner at Tiffany’s — on Costco

    Breakfast, lunch and dinner at Tiffany’s — on Costco
    Costco owes Tiffany more than $19 million for selling counterfeit rings https://t.co/bPj2IC2a34 pic.twitter.com/ZUjavk8TRH — Business – DM (@BusinessMarkhor) August 15, 2017 I wrote last fall that it didn’t look like…
  • Aug 14

    “Fully cooked,” like so much Boston scrod–here comes Meet the Bloggers VI!

    “Fully cooked,” like so much Boston scrod–here comes Meet the Bloggers VI!
    Originally posted 2010-04-21 20:44:33. Republished by Blog Post PromoterCribbed entirely from The TTABlog® of Beantown home-boy John “Fully cooked, yes, but still Keeping Tabs on the TTAB®” Welch: Meet the...
  • Aug 14

    Beverly Hills TM Lawyer

    Beverly Hills TM Lawyer
    Originally posted 2010-02-11 00:01:58. Republished by Blog Post PromoterFor my money that can only mean Michael N. Cohen!  And now he has a blog, giving it away for free like...
Rank this Week: 132

Create Protect Blog

Create Protect Blog

Covers intellectual property, media and entertainment law. By Bennett Law Office.

http://www.tbennettlaw.com/createprotect/
  • Aug 14

    Updates on Prince Estate - Heirs Determined; UMG Deal Voided; Possible Dispute Over Prince Stage Show

    Updates on Prince Estate - Heirs Determined; UMG Deal Voided; Possible Dispute Over Prince Stage Show
    What Happens Now that Prince's Heirs Are Determined?More than a year after Prince's death, the court certified Prince's heirs as his sister and five, half siblings. Under Minnesota law, half siblings are treated equally with full siblings for…
  • Aug 4

    Entertainment Law Update Episode 87 - Tamera Bennett and Gordon Firemark

    Entertainment Law Update Episode 87 - Tamera Bennett and Gordon Firemark
    Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.Click the arrow below to listen or click the "Apple" below to…
  • Jul 14

    Entertainment Law Update Episode 86 -- Tamera Bennett & Gordon Firemark

    Entertainment Law Update Episode 86 -- Tamera Bennett &amp; Gordon Firemark
    Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.Click the arrow below to listen or click the "Apple" below to…
Rank this Week: 4662

Internet on Trial

Internet on Trial

Discusses current legal topics in the media, sports, and entertainment industries. By Joseph A. Bahgat.

http://www.internetontrial.com/
  • Aug 14

    Is it defamation to … tell someone to eat shit?

    Is it defamation to … tell someone to eat shit?
    This is an easy one. No. By definition, defamation is a false statement of fact, which damages another’s reputation or character. So, telling someone to eat shit, which is nothing but a more colorful way of saying ‘go fly a…
  • Aug 1

    Is there a constitutionally protected right to record police activity?

    Is there a constitutionally protected right to record police activity?
    Spoiler alert: It depends. The short, easy answer is, yes, the First Amendment protects your right to film the actions of on-duty police officers, but the right is not without limits. The most common limitation on filming is when it…
  • Jul 18

    Own a gun? Hope you like jail.

    Own a gun? Hope you like jail.
    For all intents and purposes, it’s a crime just to have or possess a gun in the state of New Jersey—unless you’re in your own home—and with new rules just announced by the New Jersey judiciary, people charged with…
Rank this Week: 1659

Fair Competition Law Blog

Fair Competition Law Blog

Covers trade secrets, noncompetes, privacy and security, the Computer Fraud and Abuse Act, trademarks, copyrights, and business torts. By Russell Beck.

http://faircompetitionlaw.com
  • Aug 13

    Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey Chart (updated for Texas)

    Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey Chart (updated for Texas)
    This is an update to reflect statutory revisions to Texas’ version of its Uniform Trade Secrets Act statute, which will become effective on September 1.  For more on the changes, see Texas Updates Its Uniform Trade Secrets…
  • Jul 8

    50-State Noncompete Chart Updated

    50-State Noncompete Chart Updated
    The BRR 50 State Noncompete Chart has been updated today to reflect a few developments in various states and to make a few tweaks since the last draft. Most significantly, Nevada adopted a brand new noncompete law,…
  • Jul 1

    New Reports on Trade Secret Theft

    New Reports on Trade Secret Theft
    Two important reports on trade secrets protection were recently issued: one by Baker McKenzie and Euromoney Institutional Investor Thought Leadership and the other by the Office of the Intellectual Property Enforcement Coordinator…
Rank this Week: 1388

ANTICIPATETHIS.com

ANTICIPATETHIS.com

A patent law blog providing thought-provoking commentary . . . with a dash of irreverent humor. By Jake Ward.

http://anticipatethis.wordpress.com
  • Aug 12

    They Invented What? (No. 20)

    They Invented What? (No. 20)
    Originally posted on Anticipate This!™ | Patent and Trademark Law Blog: U.S. Pat. No. 3,150,641:  Dust cover for dog.   Having described my invention, what I claim and desire to secure by Letters Patent is:…
  • Aug 11

    Marion Area Business Plan Competition hosted by The Forge.

    Marion Area Business Plan Competition hosted by The Forge.
    We had the honor of being a judge for the Marion Area Business Plan Competition hosted by The Forge Business Accelerator yesterday evening.  This was an opportunity for local entrepreneurs to showcase their business ideas to the…
  • Aug 8

    Ashland University – Dauch College of Business Presentation – August 8, 2017.

    Ashland University – Dauch College of Business Presentation – August 8, 2017.
    We had the pleasure of speaking at the Ashland University – Dauch College of Business and Economics this morning in Ashland, Ohio.  Lots of great questions from the attendees about intellectual property law.  Thanks again…
Rank this Week: 519

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…
  • 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…
  • Jun 19

    Copyright Office Releases Redlines for Draft Compendium

    Copyright Office Releases Redlines for Draft Compendium
    The U.S. Copyright Office today announces the posting of redlines comparing the current version of Compendium of Copyright Office Practices (Third), which was released December 22, 2014, and the public draft of Compendium (Third), which…
Rank this Week: 346

Photo Attorney

Photo Attorney

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

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…
  • 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…
  • Jun 19

    Copyright Office Releases Redlines for Draft Compendium

    Copyright Office Releases Redlines for Draft Compendium
    The U.S. Copyright Office today announces the posting of redlines comparing the current version of Compendium of Copyright Office Practices (Third), which was released December 22, 2014, and the public draft of Compendium (Third), which…
Rank this Week: 2420

Trading Secrets

Trading Secrets

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

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

    Webinar Recap! Trade Secret Protection: What Every Employer Needs to Know

    Webinar Recap! Trade Secret Protection: What Every Employer Needs to Know
    In Seyfarth’s fourth webinar in its series of 2017 Trade Secrets Webinars, Seyfarth attorneys Robert Milligan and Joshua Salinas were joined by Jim Vaughn, one of California’s leading computer forensics experts, presented Trade…
  • Aug 4

    Now Available! 2017-2018 Edition of the Trade Secrets and Non-Competes 50 State Desktop Reference

    Now Available! 2017-2018 Edition of the Trade Secrets and Non-Competes 50 State Desktop Reference
    50 State Desktop Reference: What Businesses Need to Know About Non-Compete and Trade Secret Law It has been an extraordinary year regarding trade secret and non-compete issues. We saw more and more cases filed in federal court asserting…
  • Aug 2

    How To Address Wipers In Trade Secret Case

    How To Address Wipers In Trade Secret Case
    As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Bobby R. Williams, Jr., a senior consultant at iDiscovery Solutions. When litigation looms or a…
Rank this Week: 401

LoTempio Law Blog

LoTempio Law Blog

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

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

    Personal Audio Loses Podcast Patent

    Personal Audio Loses Podcast Patent
    The U.S. Court of Appeals for the Federal Circuit ruled against Personal Audio LLC, a patent troll firm that claimed the rights to the podcast design of broadcasting. The court sided with Electronic Frontier Foundation (EFF) in…
  • Aug 4

    Patents for Plant

    Patents for Plant
    Are Plants Patentable? Yes, the U.S. Patent and Trademark Office (USPTO) awards patents to cultivators and inventors who create unique plant designs. In the mid 20th century the world began a transition from old world agriculture to…
  • Jul 7

    Patent searches and Patentability

    Patent searches and Patentability
        Thinking about protecting your invention? If you are an inventor, you may have thought about obtaining protection for your invention. But what forms of protection are available to ensure that your invention is protected? One…
Rank this Week: 548

Volpe and Koenig IP Law Blog

Volpe and Koenig IP Law Blog

Covers intellectual property (IP) law topics, including copyright law, trademark law, patent licensing, patent enforcement, and inter party matters.

http://vklaw.com/category/blog/
  • Aug 11

    Best of Both Worlds: Can You Have a Trade Secret and Patent it Later Too?

    Best of Both Worlds: Can You Have a Trade Secret and Patent it Later Too?
    By John C. Donch Jr. and Jamie Unger In 1886, Dr. John Pemberton created the formula for Coca-Cola.[1] The formula for Dr. Pemberton’s beverage sensation did not even make it... read more
  • Jul 5

    Timing is Everything: The Fidget Spinner Story

    Timing is Everything: The Fidget Spinner Story
    By John C. Donch Jr and Jamie K. Unger Kids are so indulged these days! They get to play with a new toy known as a “fidget spinner,” in contrast... read more
  • May 31

    Supreme Court Not Too Tired To Rule On Exhaustion

    Supreme Court Not Too Tired To Rule On Exhaustion
    By: Michael F. Snyder On Tuesday, May 30, 2017, the United States Supreme Court issued another unanimous decision in an intellectual property appeal. In Impression Products, Inc. v. Lexmark International,... read more
Rank this Week: 4255

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
Rank this Week: 3566