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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: 11

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: 16

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Sep 21

    Claim Is Gone With The Wind At Death

    Claim Is Gone With The Wind At Death
    Two time academy award winner Olivia de Havilland seeks an expedited trial for the lawsuit involving her right of publicity.  Olivia de Havilland, DBE v. FX Networks, et al, BC667011 (Superior Ct. Calif., June 30, 2017). The urgency is…
  • Sep 20

    An Update from Mars: “CocoVaa” Dispute Resolved

    An Update from Mars: “CocoVaa” Dispute Resolved
    Earlier this year, I posted about a dispute between candy company Mars Inc. and a small business based in Wisconsin, selling handmade fine chocolates under the mark CocoVaa. In March, Mars Inc. filed a federal trademark…
  • 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…
Rank this Week: 49

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Sep 21

    9th Circuit is sour on sugar-sweetened beverage disclosure

    9th Circuit is sour on sugar-sweetened beverage disclosure
    American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. Sept. 19, 2017) Plaintiffs challenged a SF ordinance requiring warnings about the health effects of certain sugar-sweetened beverages (SSBs) on certain…
  • 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…
Rank this Week: 68

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

    Chocolate Ice Cream with Chocolate Syrup

    Chocolate Ice Cream with Chocolate Syrup
    Originally posted 2009-11-10 16:00:53. Republished by Blog Post PromoterHow else to describe a post (this one) that combines two of our favorite obsessions — Google and fair use? Business Week...
  • 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.
Rank this Week: 67

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: 76

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Sep 20

    CAFC discusses inurement in NFC case

    CAFC discusses inurement in NFC case
    The CAFC noted in NFC v. Matal, 2017 U.S. App. LEXIS 18164We note that the foregoing analysis assumes that conception is relevant under the present circumstances. Our cases that the Board read as establishing that proof of conception is…
  • 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…
Rank this Week: 77

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Sep 21

    Life as an IP Lawyer: Washington, D.C.

    Life as an IP Lawyer: Washington, D.C.
    The AmeriKat's professional life, be it on the Kat or sat at her desk litigating her hours away, involves a huge amount of coordination, support and opposition with lawyers from all over the world. One of the IPKat's key objectives is to…
  • Sep 21

    Furie-ous creator of Pepe the Frog determined to use copyright to get his green creation back

    Furie-ous creator of Pepe the Frog determined to use copyright to get his green creation back
    From Boy's ClubCan the author of a comic character oppose what he believes to be a distortion of the character’s meaning?Katfriend Nedim Malovic (Sandart & Partners) reports on the heated debate surrounding Matt Furie’s Pepe…
  • Sep 20

    Book Review: : Marketing and Advertising Law in a Process of Harmonisation

    Book Review: : Marketing and Advertising Law in a Process of Harmonisation
    Readers keen on marketing and advertising law, the harmonisation process and the relationship between advertising and IP law may be interested in the latest edition in the Modern Studies in European Law from Hart Publishing. The book, titled…
Rank this Week: 79

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
Rank this Week: 85

China Hearsay

China Hearsay

Covers China law, business and economics. By Stan Abrams.

http://www.chinahearsay.com/
  • Jan 13

    China to allow online sales of prescription drugs…

    China to allow online sales of prescription drugs…
    China to allow online sales of prescription drugs | Fox News fxn.ws/1xkkv7z — I really hope oversight is done correctly © @chinahearsay for China Hearsay, 2015. | Permalink | No comment | Add to del.icio.us Post tags:
  • Jan 13

    China’s Anticorruption Campaign Drives Out M.B.A….

    China’s Anticorruption Campaign Drives Out M.B.A….
    China’s Anticorruption Campaign Drives Out M.B.A. Students – WSJ on.wsj.com/1IGDS0Z – hmm, that never occurred to me © @chinahearsay for China Hearsay, 2015. | Permalink | No comment | Add to del.icio.us Post tags:
  • Jan 13

    +1 RT @SirSteven: sit back a moment and imagine ho…

    +1 RT @SirSteven: sit back a moment and imagine ho…
    +1 RT @SirSteven: sit back a moment and imagine how much better the world so far this year would be without religion. © @chinahearsay for China Hearsay, 2015. | Permalink | No comment | Add to del.icio.us Post tags:
Rank this Week: 84

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 89

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 21

    An Empirical Window into Retrospective Review

    An Empirical Window into Retrospective Review
    Wendy Wagner, William West, Thomas McGarity & Lisa Peters, Dynamic Rulemaking, 92 N.Y.U. L. Rev. 183 (2017), available at SSRN.Christopher WalkerRetrospective review remains a hot topic in administrative law. The Administrative Conference…
  • Sep 20

    Limitations on the Business Case for Diversity

    Limitations on the Business Case for Diversity
    Jamillah Bowman Williams, Breaking Down Bias: Legal Mandates vs. Corporate Interests, Wash. L. Rev. (forthcoming 2017), available on SSRN.Marcia L. McCormickThose working in antidiscrimination law are well-versed in the central role that the…
  • 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…
Rank this Week: 86

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: 90

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: 98

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Sep 21

    Patent Venue: Cyberspace does not Expand Place of Busine

    Patent Venue: Cyberspace does not Expand Place of Busine
    Important mandamus order narrowing patent venue. In re Cray (Fed. Cir. 2017) [Read the Case] Following the Supreme Court’s decision in TC Heartland, the debate has moved to interpretation of the requirement that an infringement…
  • Sep 21

    Joy, Are you Happy about This Lawsuit?

    Joy, Are you Happy about This Lawsuit?
    Daniels v. Disney (C.D. Cal. 2017) Depending upon your mood, this case might make you happy, sad, angry, or afraid — perhaps even fill you with love. Daniels is known for creating the Moodsters – five anthropomorphic color-coded,…
  • Sep 21

    Inventorship and Third-Party Prototype Production

    Inventorship and Third-Party Prototype Production
    NFC Tech v. Matal (Fed. Cir. 2017) Following an IPR administrative trial, the Patent Trial & Appeal Board (PTAB) concluded that the challenged claims of NFC’s U.S. Patent 6,700,551 are unpatentably obvious.  The focus of the…
Rank this Week: 104

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
  • Sep 21

    Federal Circuit strikes down Gilstrap’s four-factor test for patent venue

    Federal Circuit strikes down Gilstrap’s four-factor test for patent venue
    After briefly parsing the statutory language of §1400(b) critical to the decision the Federal Circuit concluded that Judge Gilstrap's four-factor test was not compliant with the statutory language. Judge Lourie simply concluded: "The…
  • Sep 21

    A patent without enforcement value has no licensing value

    A patent without enforcement value has no licensing value
    Enforcement of patents through litigation occurs when licensing has failed to result in an arms length negotiated resolution. In other words, patent owners resort to litigation when there is a market failure... When Keller says that the value…
  • Sep 21

    DAIRY PRIDE Act would clear up consumer milk confusion between dairy products and plant-based beverage

    DAIRY PRIDE Act would clear up consumer milk confusion between dairy products and plant-based beverage
    Both the U.S. House of Representatives and the U.S. Senate are currently contemplating versions of the Defending Against Imitations and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday (DAIRY PRIDE) Act; the…
Rank this Week: 118

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 21

    Incentive Auction Second Priority Filing Window Opens: What to Know

    Incentive Auction Second Priority Filing Window Opens: What to Know
    On Sept. 20, the FCC announced the second filing window for all full power and Class A television stations receiving new channel assignment as part of the post-incentive auction repack. The filing window will open Oct. 3 and close at 11:59…
  • Sep 20

    Regulatory Fee Deadline Extended for Those Affected by Hurricanes Harvey and Irma

    Regulatory Fee Deadline Extended for Those Affected by Hurricanes Harvey and Irma
    As readers should know by now, annual FCC Regulatory Fees are due to be paid by no later than September 26 by all FCC regulatees. However, in recognition of the havoc caused by Hurricanes Harvey and Irma the FCC has has extended the deadline…
  • 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…
Rank this Week: 117

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Sep 21

    What Does it Mean to Be a Plagiarist?

    What Does it Mean to Be a Plagiarist?
    The term plagiarist is widely applied to anyone accused of plagiarism without nuance or discussion. That's bad for both the accused and the term itself. The post What Does it Mean to Be a Plagiarist? appeared first on Plagiarism Today.
  • Sep 21

    3 Count: Power Up

    3 Count: Power Up
    Judge dismisses lawsuit over Starz TV series Power, Nintendo targets Super Mario 64 Online with DMCA notices and Google signs deal with French creators. The post 3 Count: Power Up appeared first on Plagiarism Today.
  • Sep 20

    3 Count: Wolfgang’s Vault

    3 Count: Wolfgang’s Vault
    Wolfgang's Vault hit with a class action lawsuit, Carrie Underwood sued by two songwriters and Singapore real estate websites go to court. The post 3 Count: Wolfgang’s Vault appeared first on Plagiarism Today.
Rank this Week: 115

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/
  • Sep 21

    Federal Circuit strikes down Gilstrap’s four-factor test for patent venue

    Federal Circuit strikes down Gilstrap’s four-factor test for patent venue
    After briefly parsing the statutory language of §1400(b) critical to the decision the Federal Circuit concluded that Judge Gilstrap's four-factor test was not compliant with the statutory language. Judge Lourie simply concluded: "The…
  • Sep 21

    A patent without enforcement value has no licensing value

    A patent without enforcement value has no licensing value
    Enforcement of patents through litigation occurs when licensing has failed to result in an arms length negotiated resolution. In other words, patent owners resort to litigation when there is a market failure... When Keller says that the value…
  • Sep 21

    DAIRY PRIDE Act would clear up consumer milk confusion between dairy products and plant-based beverage

    DAIRY PRIDE Act would clear up consumer milk confusion between dairy products and plant-based beverage
    Both the U.S. House of Representatives and the U.S. Senate are currently contemplating versions of the Defending Against Imitations and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday (DAIRY PRIDE) Act; the…
Rank this Week: 193

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: 209

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: 241

Socially Aware Blog

Socially Aware Blog

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

http://www.sociallyawareblog.com/
Rank this Week: 234

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: 245

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 intersection…
  • 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…
  • 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…
Rank this Week: 230

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Sep 21

    TTAB Finds QLED Generic for ...... Guess What?

    TTAB Finds QLED Generic for ...... Guess What?
    The Board affirmed a refusal to register QLED on the Supplemental Register, finding it to be generic for smartphones, computers, and related goods. However, the Board allowed applicant to delete those goods from the application so that…
  • Sep 20

    TTAB Enters Judgment Summarily in #TIDALTUESDAY Opposition On Ground of Nonuse

    TTAB Enters Judgment Summarily in #TIDALTUESDAY Opposition On Ground of Nonuse
    The Board granted Opposer Tidal Music's motion for summary judgment, concluding that Applicant Rose Digital had failed to prove use of the applied-for mark #TIDALTUESDAY for advertising and promotional services at the time it filed the…
  • 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…
Rank this Week: 258

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
  • Sep 20

    Supreme Court Preview 2017: Highlights and Perspective

    Supreme Court Preview 2017: Highlights and Perspective
    On the first Monday in October, the Supreme Court session opens. Professors Adam Chilton, Aziz Huq, and Daniel Hemel offer insight into some of the issues the Court will hear in the upcoming year. Recorded on September 18, 2017, in…
  • 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…
Rank this Week: 254

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: 278

Copyright, Intellectual Property,…

Copyright, Intellectual Property, Computer, Internet, e-Commerce Law

Covers IP/IT law, with a strong focus on copyright and internet law. By Barry Sookman.

http://www.barrysookman.com
Rank this Week: 315

Photo Attorney

Photo Attorney

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

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

    Can an Infringer Purchase a Retroactive License?

    Can an Infringer Purchase a Retroactive License?
    Many infringers attempt to purchase a license after the infringing act begins. Does the “retroactive license” absolve the infringement? No, said the court in Palmer/Kane, LLC v. Rosen Books Works, LLC, Case No. 15-cv-7406 (SD NY…
  • 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…
Rank this Week: 316

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…
  • 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…
Rank this Week: 290

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
  • Sep 14

    Abusive and Malicious Registrations of Domain Name

    Abusive and Malicious Registrations of Domain Name
    When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999 it explained its purpose as combating “abusive registrations” of domain names which it defined as registrations “made with bad-faith…
  • Sep 2

    Post-UDRP, ACPA Actions Challenging Award

    Post-UDRP, ACPA Actions Challenging Award
    The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive remedy for cybersquatting, but it is by far the preferred forum. Direct actions in courts of competent jurisdiction, the Anticybersquatting Consumer Protection Act…
  • 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…
Rank this Week: 322

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: 284

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: 295

Deeplinks Blog

Deeplinks Blog

Covers bloggers' rights, DMCA, DRM, intellectual property, privacy and security issues. From the Electronic Frontier Foundation.

https://www.eff.org/deeplinks
  • Sep 21

    Appeals Court Rules Against Warrantless Cell-site Simulator Surveillance

    Appeals Court Rules Against Warrantless Cell-site Simulator Surveillance
    Law enforcement officers in Washington, D.C. violated the Fourth Amendment when they used a cell site simulator to locate a suspect without a warrant, a D.C. appeals court ruled on Thursday. The court thus found that the resulting evidence…
  • Sep 21

    Appeals Court Limits Ability of Patent Trolls to File Suit in Far-Flung District

    Appeals Court Limits Ability of Patent Trolls to File Suit in Far-Flung District
    In a closely watched case, the Court of Appeals for the Federal Circuit has issued an order that should see many more patent cases leaving the Eastern District of Texas. The order in In re Cray, together with the Supreme Court’s recent…
  • Sep 21

    .cat Domain a Casualty in Catalonian Independence Crackdown

    .cat Domain a Casualty in Catalonian Independence Crackdown
    On October 1, a referendum will be held on whether Catalonia, an autonomous region of the northeast of Spain, should declare itself to be an independent country.  The Spanish government has ruled the referendum illegal, and is taking…
Rank this Week: 395

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: 392

Intellectual Property News

Intellectual Property News

By Mandour & Associates.

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

    Federal Judge Refuses to Dismiss San Diego Comic-Con Trademark Case

    Federal Judge Refuses to Dismiss San Diego Comic-Con Trademark Case
    IPNews® - The San Diego Comic-Con trademark infringement case will move toward a trial after a recent Motion for Summary Judgment was denied. Salt Lake Comic Con had filed the motion claiming that “Comic-Con” was a generic…
  • Sep 11

    Starbucks Unicorn Drink Trademark Lawsuit Is Amicably Resolved

    Starbucks Unicorn Drink Trademark Lawsuit Is Amicably Resolved
    IPNews® - Starbucks has settled its trademark infringement lawsuit with New York city café The End. The End had sued Starbucks over its colorful unicorn Frappuccino.  The End filed a trademark application for UNICORN LATTE in…
  • Aug 30

    In-N-Out Sues Smashburger for Trademark Infringement

    In-N-Out Sues Smashburger for Trademark Infringement
    IPNews® In-N-Out Burger has filed a lawsuit against competitor Smashburger for trademark infringement. The complaint alleges that Smashburger’s new “Triple Double” burger infringes on In-N-Out’s trademarks for…
Rank this Week: 346

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/
  • Sep 19

    Breaking your bubble

    Breaking your bubble
    This is the first part of a two-part series about a class project on online filter bubbles. In this post, we talk about our pedagogical approach and how we carried out the project. To read more about the results of the project, go to Part…
  • Sep 19

    What our students found when they tried to break their bubble

    What our students found when they tried to break their bubble
    This is the second part of a two-part series about a class project on online filter bubbles. In this post, where we focus on the results. You can read more about our pedagogical approach and how we carried out the project here. By Janet Xu…
  • Sep 18

    SESTA May Encourage the Adoption of Broken Automated Filtering Technologie

    SESTA May Encourage the Adoption of Broken Automated Filtering Technologie
    The Senate is currently considering the Stop Enabling Sex Traffickers Act (SESTA, S. 1693), with a scheduled hearing tomorrow. In brief, the proposed legislation threatens to roll back aspects of Section 230 of the…
Rank this Week: 345

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/
  • Sep 18

    Tattoos, Architecture, and Copyright

    Tattoos, Architecture, and Copyright
    In my IP seminar, I ask students to pick an article to present in class for a critical style and substance review. This year, one of my students picked an article about copyright and tattoos, a very live issue. The article was decent enough,…
  • Sep 18

    Barton Beebe: Bleistein and the Problem of Aesthetic Progress in American Copyright Law

    Barton Beebe: Bleistein and the Problem of Aesthetic Progress in American Copyright Law
    Bleistein v. Donaldson Lithographing Co., is a well-known early twentieth century copyright decision of the U.S. Supreme Court. In his opinion for the majority, Justice Holmes is taken to have articulated two central propositions…
  • Sep 12

    Tribal Sovereign Immunity and Patent Law

    Tribal Sovereign Immunity and Patent Law
    Guest post by Professor Greg Ablavsky, Stanford Law SchoolIn Property, I frequently hedge my answers to student questions by cautioning that I am not an expert in intellectual property. I’m writing on an IP blog today because, with…
Rank this Week: 362

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: 338

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: 358

Florida Intellectual Property Law…

Florida Intellectual Property Law Blog

Covers patents, trademarks, copyright law, franchise law, trade secret law and unfair competition law. By John Rizvi.

http://www.floridaipblog.com/
  • Jul 27

    Look Around: The Simplest Ideas Have Made Inventors Millions…

    Look Around: The Simplest Ideas Have Made Inventors Millions…
    Just because your idea seems simple does not mean it does not have the power to disrupt an entire industry. I come across inventors regularly who tell me they were too embarrassed or afraid to see a patent attorney because they felt their…
  • Jun 26

    Miami Patent Attorney’s Latest Inventor Book Tops Amazon Best Seller List

    Miami Patent Attorney’s Latest Inventor Book Tops Amazon Best Seller List
    If you are an American inventor or entrepreneur with a new idea, you cannot help but relate to the long, exhilarating, and yet sometimes painful journey of creating something new. Follow along and discover the secrets behind doggedly pursuing…
  • Mar 21

    Inventor Success Story: Video Interview With Founder of Versifloat

    Inventor Success Story: Video Interview With Founder of Versifloat
    Versifloat founder and inventor, Gerard D’Offay came up with his idea in 2006 before seeking out my help to protect his intellectual property : “I sought out Prof. John Rizvi to help me patent my inflatable docking system. As I…
Rank this Week: 384

Shades of Gray

Shades of Gray

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

http://www.shadesofgraylaw.com/
  • Nov 2

    A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case

    A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case
    Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action.  The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. ICON Health &…
  • Nov 2

    A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case

    A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case
    Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action.  The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. ICON Health &…
  • Jun 11

    Shades of GrayerNext Stop: IP Domination

    Shades of GrayerNext Stop: IP Domination
    We are pleased to announce the formation of Shades of Gray Law Group, P.C., a boutique law firm focusing on intellectual property and commercial prosecution, litigation, and counseling, with a particular emphasis on copyrights and trademarks.…
Rank this Week: 343

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: 400

Kluwer Patent Blog

Kluwer Patent Blog

Provides information and news on European patent law. By Wolters Kluwer.

http://kluwerpatentblog.com
  • Sep 21

    ‘Good progress’ and ‘delay’ for the Unified Patent Court

    ‘Good progress’ and ‘delay’ for the Unified Patent Court
    The Preparatory Committee of the Unified Patent Court has been making ‘good progress’ regarding the ratification of the UPCA. In an update posted on its website today, the Preparatory Committee announces: ‘We now have 14…
  • Sep 18

    Spanish Supreme Court confirms that “ex post facto” mosaics will not do the trick

    Spanish Supreme Court confirms that “ex post facto” mosaics will not do the trick
    When analysing inventive activity, one risk that appears to be here to stay is that of hindsight. As Richard Ebbink very aptly put it in a workshop held at the INGRES Institute in Zurich on 8 and 9 September 2017 in honour of Dr. Dieter…
  • Sep 14

    ‘Future judges of the Unified Patent Court will be very motivated to make the court work’

    ‘Future judges of the Unified Patent Court will be very motivated to make the court work’
    In the first period of functioning of the Unified Patent Court, the judge-rapporteur – who has important powers in the new system – should as much as possible revert issues to the panel of judges as a whole. This is beneficial for…
Rank this Week: 416

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: 442