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Pre-Suit Investigation by Patentee’s Attorney Does Not Compel Arbitration Despite Website TOS
Chief Judge McMahon, in deciding the defendant’s motion to compel arbitration, ruled the arbitration clause did not prevent Jedi from accessing the federal district court [...]
Top USPTO Developments of 2020—and What to Expect in 2021
Novel and non-obvious can be easily used to describe the events of 2020, both here in the United States and around the world. Despite all [...]
Dorsey Responses to Senators on Copyright Reform Show Contempt for Congress and IP
On December 28, Senator Thom Tillis (R-NC), Chair of the Senate IP Subcommittee, and Senator Chris Coons (D-DE), Ranking Member of the Senate IP Subcommittee, [...]
Ericsson Wins Temporary Restraining Order Over Samsung in ED TX FRAND Litigation
Earlier today, Judge Rodney Gilstrap of the United States Federal District Court for the Eastern District of Texas issued a temporary restraining order against Samsung [...]
Federal Circuit Reflections, 2020: The Good and (Mostly) Bad
If you’re looking for some positive patent news from 2020, count the heightened civic awareness of our intellectual-property/innovation policies, as a result of the global [...]
Patent Filings Roundup: ITC/District Court/PGR Fight Over Body Sculptors; Fintiv Denials Benefiting Funded NPEs; Uniloc Not Naming Fortress Despite District Court Standing Dismissal
The week before Christmas brought the biggest post-grant review (PGR) bulk filing to date, with 10 matters all stemming from a pharmaceutical dispute between Allergan [...]
Prosecution and Litigation Implications of Subsequent Patent Applications (Part IV)
In Part I of this series, the authors reviewed the law behind subsequent patent applications. In Part II, we reviewed the different types of subsequent [...]
What Mattered in 2020? Industry Experts Have Their Say on This Year’s Biggest Moments in IP
As we get ready to usher in the new year this week (hopefully in smaller groups than usual), it is once again time to look [...]
The Inventive Step in Chinese Patent Law Compared With the U.S. Non-Obviousness Standard
While China is becoming an increasingly attractive patent filing destination for foreign companies, foreign counsels are often confused by the country’s inventive step requirement. Indeed, [...]
More Iconic (and Patented) Toys and Games: A 2020 Update
It’s Christmastime yet again and we return to a holiday feature made popular in recent years by IPWatchdog Founder Gene Quinn: a roundup of patents [...]
Presents for Patent Attorneys!
Christmastime is here again, and IPWatchdog is back with the 2020 edition of our Christmas list for patent attorneys. If you have a patent attorney [...]
The Most-Read IP Law360 Guests Of 2020
While the intellectual property space saw its share of pandemic-related discussion this year, some of the most-read articles written by Law360 guest experts also dug [...]
The Most-Read Legal Industry Law360 Guests Of 2020
Popular 2020 legal industry guest articles included commentary on white privilege in BigLaw, the pandemic's outsize impact on female lawyers, and business development in a [...]
Hottest Trials Law360 Guest Topics Of 2020
Notable trial topics guest experts discussed in 2020 include pandemic-era cross-examination and witness-preparation challenges, the need for female trial lawyers in courtrooms, and Kobe Bryant's [...]
Fed. Circ. Vacates GE PTAB Loss After Giving OK To Appeal
The Federal Circuit ruled Wednesday that General Electric has standing to appeal a Patent Trial and Appeal Board decision that it hadn't proven a Raytheon [...]
Europe’s Top Five (Non-Patent) IP Developments of 2020
In a previous piece, we covered the top five patent developments of the year in Europe. Here, we review some of the key cases and [...]
Arthrex Tells Justices To End IPRs, Kick PTAB To Congress
The U.S. Supreme Court needs to get rid of the current inter partes review system and have Congress decide what comes next, since the Federal [...]
IBM, Airbnb Lay Down Arms In Patent War
IBM and Airbnb announced Wednesday that they arrived at an agreement to end litigation raised in Delaware federal court by IBM alleging that Airbnb infringed [...]
E-Cig Co.’s Assets Frozen For Now After Trying To Dodge Juul
A New Jersey federal judge ordered millions of dollars held by an e-cigarette company to be temporarily frozen Tuesday after the company — which is [...]
AbbVie Tells 7th Circ. Asserting Rights Isn’t ‘Patent Thicket’
AbbVie and other pharmaceutical companies are urging the Seventh Circuit to uphold their antitrust win in Humira buyers' suit over the drug's alleged "patent thicket," [...]
Music Copyright Vet Leaves Orrick For Mayer Brown
Mayer Brown has picked up a digital music litigation veteran from Orrick Herrington & Sutcliffe LLP for its intellectual property practice in New York. [...]
Fed. Circ. Won’t DQ Quinn Emmanuel In Texas Patent Case
The Federal Circuit on Wednesday denied Micron Technology Inc.'s mandamus petition seeking to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing a Japanese sovereign [...]
Ready for 2021?  Beware Non-Use of Your Trademarks in 2020
Some businesses, as a result of the pandemic, have been pressed to discontinue manufacture or sale of products or have otherwise limited the scope of [...]
A Look At Trademark Law Changes In Congress’ Spending Bill
Nestled in the vast COVID-19 relief and spending bill recently passed by Congress is the Trademark Modernization Act, which creates two new procedures for taking [...]

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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European Union (EU) Individuals and California Residents Privacy Policy

A privacy policy is a form of disclosure as to how companies and establishments collect and use their clients’ personal information. This spans from the basics such as a person’s name, age, and contact details, to more complicated details like financial records, travel and medical histories, and other sensitive information. Each country has a different […]

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Author’s Copyright Protection

The author/s of a work is the first owner of copyright in that work. The rule originated in the Statute of Anne (Copyright Act 1710 passed by the Parliament of Great Britain) and is reflected today in s35 of the Copyright Act 1968(Cth). Exceptions to the rule apply in respect of works produced by employee […]

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