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Second Circuit: Museum’s Online Exhibit Featuring ‘Frankenstein’ Guitar Photo was Fair Use
On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the [...]
PTAB Nixes More Claims On Remand In Fitbit IP Fight
After the Federal Circuit told the Patent Trial and Appeal Board to take another look at a patent for monitoring information such as blood oxygen [...]
Reaching The Post-Amgen High Bar For Antibody Patents
Although patenting antibodies has become more challenging after the Federal Circuit's recent decision in Amgen v. Sanofi imposed a higher standard for disclosures, many options [...]
Ex-NFLer Says Court Already Refereed ‘Dream Home’ IP Claim
A former New England Patriots linebacker told a Massachusetts federal judge Tuesday that a contractor's last-minute attempt to scrap a copyright claim from an upcoming [...]
License to Copy: Your Software Code Isn’t Safe After Google v. Oracle
In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. This time, the Justices blessed Google's copying [...]
UK Satellite Co. Fights Semtech’s Trade Secret Theft Claims
A British satellite communications company has pushed back on claims in the High Court by Semtech Corp. that it induced two of the U.S. semiconductor [...]
Brownstein Hyatt Farber Schreck is seeking a Patent Associate
Brownstein Hyatt Farber Schreck is seeking a Patent Attorney with 2-6 years of experience for the firm’s Denver office. This is a full-time, permanent position [...]
GE Agrees To Drop Injunction Bid In Dispute With Siemens
General Electric Co. has agreed to withdraw its motion for a preliminary injunction in its trade secrets spat with Siemens Energy Inc. over highly sought-after [...]
AIG Says Chubb Should Cover Amway’s $23M Copyright Suit
AIG has urged a Michigan federal judge to hold that a Chubb unit should pay Amway's over $23 million in legal bills incurred in copyright [...]
PTAB To Review Philip Morris Vaping Patent Amid ITC Probe
Philip Morris has won a review of a vaping patent owned by rival R.J. Reynolds' parent company at the Patent Trial and Appeal Board, a [...]
Judge OKs Illinois Tools’ IP Claims, But Lets 1 Defendant Exit
An Illinois federal judge has cleared the way for Illinois Tool Works Inc. to proceed with its case alleging a rival auto parts maker willfully [...]
Scientific Games Hit With 3rd Card Shuffler Antitrust Suit
Scientific Games Corp. is facing a third antitrust suit in Illinois federal court, this time by riverboat casino companies who say the company used sham [...]
6 Things To Know About High Court’s Google-Oracle Ruling
After more than 10 years of litigation between Oracle and Google, the U.S. Supreme Court's ruling on the "copyright lawsuit of the decade" is finally [...]
Payment Processor Says Jump To Rival Violates $500K Deal
A company that provides credit and debit card payment processing services for merchants is asking a Georgia federal judge to issue a restraining order against [...]
Fed. Circ. Says Inventor Tried To Rehash Args In Patent Row
The Federal Circuit chided a pro se patent owner Monday for what it said was her attempt to rehash previously rejected arguments in her unsuccessful [...]
Law360’s 2021 Intellectual Property Editorial Advisory Board
Law360 is pleased to announce the formation of its 2021 Intellectual Property Editorial Advisory Board. [...]
Fed. Circ. Told Samsung’s FRAND Bid Distorts Int’l Norms
Ericsson told the Federal Circuit on Friday that Samsung's attempt to get it to overturn U.S. District Judge Rodney Gilstrap's decision barring the companies from [...]
This Week in Washington IP: Bridging the Global Internet Gap, Addressing Russian Counterspace Advances and Europe’s Place in U.S.-Chinese Tech Competition
This week in Washington IP news, both houses of Congress remain quiet during their regularly scheduled work periods. Among policy institutes, the Center for Strategic [...]
Justices Won’t Revive Teva-IBSA Thyroid Drug Patent Fight
The U.S. Supreme Court won't consider overturning a Federal Circuit ruling that a patent on the thyroid drug Tirosint is invalid as indefinite, rebuffing a [...]
2 Ways High Court Could Reshape Patent Assignor Estoppel
Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent [...]
Intel’s Fight Over VLSI Chip Patent Faces Wary Fed. Circ.
Intel Corp.'s bid to undo a Patent Trial and Appeal Board decision upholding a VLSI Technology LLC computer chip patent faced two skeptical Federal Circuit [...]
Texas Jury Told Roku Infringed Interactive TV Patents
A Western District of Texas jury heard Monday in opening arguments that Roku Inc. has infringed two interactive television technology patents and must pay a [...]
Dyal Highlights NY Injunction Denial In Del. Sixth St. Suit
Attorneys for Dyal Capital Partners III shared a ruling with a Delaware vice chancellor on Monday of a New York Supreme Court judge's rejection Friday of [...]
Computer Programs are Different Says SCOTUS in Landmark Ruling that Google’s Use of Oracle’s API Packages Was Fair
The U.S. Supreme Court this morning found Google’s use of Oracle’s Java application programming interface (“API packages”) a fair use as a matter of law, [...]

What You Need To Know About the Modern Slavery Act 2018

The Modern Slavery Act 2018 (Cth) (the ‘Act’) entered into force on 1 January 2019 and its aim is to combat modern slavery in global supply chains. Modern slavery describes situations of serious exploitation and can include situations of human trafficking, slavery, servitude, forced labour, debt bondage, forced marriage and child labour. It describes situations […]

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Series Trade Mark Applications

What Is A Series Trade Mark Application? A trade mark is a business’ most valuable marketing tool. It is a way of identifying a business, its products, and/ or services from another business, product, or service in the market.  Businesses most commonly use their brand names or logo as their trade marks. However, there are […]

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Copyright Protection of a Logo

“God holds the copyright, as the sole author of life.” ― Gift Gugu Mona Visual brand elements such as logos are protected under the law of copyright and also trade mark law. Copyright consists of exclusive rights to do acts in Australia with respect to a work for the duration of copyright in that creation. A […]

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Food and Grocery Code of Conduct Amendments – A new “Fair Go”

The Food and Grocery Code of Conduct (the ‘Code’) serves as a voluntary guideline for grocery retailers and wholesalers in relation to their dealings with suppliers. In 2015, the Australian Government prescribed the Code into law under the Competition and Consumer Act 2010. The purpose of the Code is to ensure that signatories do not […]

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Who Owns the Copyright in an Interview or Social Media Post?

We live in a world where a “tap” or a “click” can make a big impact. Social media and technology have made it possible for you to show intimate details of your life to millions of people. Images of “#wokeuptoday”, #FOTD or food of the day, mommy goals, where you are spending your vacation and […]

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Can you Protect your Family Recipe under the Law of Intellectual Property?

Traditionally, recipes are either passed down to the next generation or shared between households, chefs and cooks. But what if you are engaged in the business of selling food using your own version of a special recipe passed down to you? Obtaining a patent for a recipe is possible. However, your recipe has to pass […]

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IP Australia – New Trade Mark Fees Effective 1 October 2020

In 2019, IP Australia conducted reviews of its fee schedules in consultation with various stakeholders. The results of the extensive, 19-month review were finalised and released on 7 August 2020. IP Australia announced that the updated fee schedules will apply commencing 12 AM AEST on 1 October 2020. The new fees will impact charges payable […]

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ATMOSS: The Australian Trade Mark Database

The primary function of a trade mark is to designate the origin of products and services so that your customers can reliably find products and services. A business, whether it be for products, for services, or both, needs to have a name because it is a sign as to how we identify a brand. Of […]

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IP Report 2020 on Trade Mark Filing Statistics in Australia and Overseas

A trade mark is a way for customers to recognize your unique product or service from your competitors. A trade mark is not just ‘a logo’, it is your brand. It can be in the form of a letter, word, phrase, number, sound, shape, smell, logo, movement, picture, aspect of packaging, or a combination of […]

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U.S. Supreme Court Overturns USPTO Trade Mark Refusal Against Booking.com

Booking.com is an Amsterdam based digital travel company that provides online hotel and travel reservation services. It also maintains the same domain name for its website. About a decade ago, Booking.com filed trademark applications for four marks, each with distinct designs but all containing the term “Booking.com”. Unfortunately, the USPTO Examination Attorney refused the applications […]

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