IP|Trend: Inter Partes Review: Is It Still Right For You?
IS THE A IN ANDA BEGINNING TO MEAN ANTITRUST?
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Bill Beutler on Editing Wikipedia
Inter Partes Review Appeals: What You Need to Know
The AIA Has Moved the Cheese
Emerging Markets: Opportunity, Risk, and What it Means for Brand Protection
How is Graphene Currently Used and What is the Hope for the Future?
Derivation Proceedings: What You Need to Know
What is Graphene? Fenwick Patent Attorney Has the Answer
Examining Trends in Worldwide Design IP Filings
Two Tips for Inventors Filing Patent Applications
Track One and the Patent Prosecution Highway
The Intersection Between Intellectual Property Law and Employment Law
Lessons from Nautilus v. Biosig at the Supreme Court
Examining the Impact of the Supreme Court's Limelight v. Akamai Decision
FCPA Compliance and Ethics Report-Episode 72-interview with Michael Rasmussen
The Evolution of Trade Secret Damages
The Art of Communicating to a Jury
The Evolution of Patent Damages
As this blog has documented on numerous occasions, Canada’s Copyright Act contains an “unlocatable owner” licensing mechanism (sometimes referred to as the “orphan works” mechanism), which enables prospective users of...more
The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues.
Over the past few months, the Court issued a number of patent law related opinions covering ground from claim...more
Last month, Wikimedia (the operator of Wikipedia) again refused the request of British photographer David Slater to remove a picture of a monkey from the Wikimedia Commons database of publicly available photographs....more
Lawsuit panned by Court. The popular ratings app Yelp has been cleared by a federal appeals court of allegations in a class action lawsuit that the company extorted advertising dollars from businesses by threatening to remove...more
It has been two years since British nature photographer David Slater first asked Wikimedia Commons to remove several photos of a crested black macaque from its online collection of public domain images. Slater claimed to own...more
Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more
The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more
It is common to see celebrities, which have captivated the public for decades, photographed using a company product or wearing a branded garment. Using such photos for promoting a company’s brand can be problematic especially...more
The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters...more
The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more
Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of...more
When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this...more
In my childhood, come summer, the UK Parliament would go into recess, and because that seemed to signal the end of lots of newsworthy items—political scandals, Government and opposition taunting each other, etc.—the period...more
The cancellation of a U.S. trademark registration on any grounds, including disparagement, does not always mean the end of enforceable rights in the mark. However, cancellation may create both legal and financial...more
What is a trade dress? Is this a new fashion trend that Miley Cyrus or Rihanna started?
Not exactly. Trade dress law is a subset of trademark law that originally included only the packaging or “dressing” of a...more
All around America, men will soon gather in front of their computers feverishly conducting research, generally wasting time, and participating in one of the manliest things they likely will do for quite some time: their...more
In This Issue:
- Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping
- Google Glass Into Europe: A Small Step or a Giant Leap?
- Drugs and the Internet: FDA Distributes New...more
American Broadcasting Cos., Inc. v. Aereo, Inc. -
The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television networks. American...more
On Thursday, August 14, 2014, the Washington Redskins filed a much-anticipated appeal in the U.S. District Court for the Eastern District of Virginia of a June Trademark Trial and Appeal Board decision which resulted in...more
Looks like some copyright monkey business is afoot! Wikipedia, the collaborative free online encyclopedia, and David Slater, a British photographer, are currently in a copyright dispute over a photograph taken by a primate....more
The “selfie” is now so ubiquitous that the word is in the Oxford English Dictionary, you can use it in Scrabble and it has spawned a whole new lexicon. Selfies are no longer the preserve of teens and reality stars; you now...more
It’s not just the Redskins anymore! Following the cancellation of the Redskins trademark earlier this summer, the Trademark Trial and Appeal Board has issued another football related decision regarding the New York Giants’...more
Who owns the rights to a selfie taken by a monkey? While it sounds like a law school exam, it is based on a real story as reported here by the American Bar Association.
According to the article, a monkey picked up the...more
In Blackhorse v. Pro-Football Inc., the U.S. Patent and Trademark Office once again canceled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans. While...more
US: Following loss before the Supreme Court, Aereo “astonishes” broadcasters with new legal strategy - New York-based Aereo asserts in federal district court that it is entitled to a compulsory license...more
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