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Piracy Claims Against Bankrupt ISP Frontier Can Go Forward
A New York bankruptcy judge Wednesday said a group of copyright holders can go to trial with claims internet service provider Frontier Communications is liable [...]
Consumers Target Apple Following DOJ Antitrust Suit
A number of individual consumers have filed suit against Apple, Inc. in California and New Jersey courts, piggybacking on the U.S. Department of Justice’s (DOJ’s) [...]
Design Rights Can Build IP Protection, EU Lego Ruling Shows
The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was [...]
PTAB Tosses 'Smart Card' Patent Used Against Banks
The Patent Trial and Appeal Board has found that all the claims of a Kioba Processing LLC patent on using a "smart card" to increase [...]
Albright Told That Choice Hotel's Alice Ax Is 'Premature'
Patent Armory has told Texas federal Judge Alan D. Albright that a bid to dismiss its patent lawsuit against Choice Hotels International is "premature" and [...]
Consumers Push For New 9th Circ. Panel In Qualcomm Case
Cellphone buyers are coming out strong against Qualcomm's request to have the same Ninth Circuit panel that vacated their class certification hear an appeal to [...]
Fed. Circ. Wrongly Invented New Design IP Rules, Justices Told
A sportswear company wants the U.S. Supreme Court to weigh in on a federal circuit's ruling that created a new standard for how courts should [...]
USPTO Proposes New Trademark Fees For Next Year
The U.S. Patent and Trademark Office has issued a proposal to add surcharges on trademark applications in cases where there isn't sufficient information, among other [...]
Google Urges Texas Court To Undo $12M Voice Patent Verdict
Google has asked a Texas federal court to undo a jury's finding that it owes $12 million to an app developer for infringing patents on [...]
Chewy, IBM Agree To End Online Ad Patent Dispute
Online pet goods retailer Chewy Inc. and computing giant IBM Corp. have agreed to drop a patent fight in New York federal court, shortly after [...]
Judge Declines 'Mini-Trial' Over Fees In 'Reply All' TM Suit
A federal magistrate judge in Brooklyn has awarded nearly $1.1 million in legal fees to Spotify's Gimlet Media while calling out "the extensive finger-pointing and mutual [...]
Second Circuit Okays Hard Seltzer Sales in Blow to Modelo
The U.S. Court of Appeals for the Second Circuit on Monday, March 25, affirmed a district court’s denial of summary judgment to beer company Modelo, [...]
Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that [...]
Sony Ducks $500M PlayStation Patent Suit In Del.
A Delaware federal court has sided with Sony in a $500 million patent infringement suit brought by Genuine Enabling Technology LLC over PlayStation consoles, marking [...]
Massive Replication of Comments Submitted to NIST March-In Rights RFI Should Cause Concern
I have been critical of certain National Institute of Standards and Technology (NIST) proposals to alter the regulations related to the Bayh-Dole Act, in 2021 [...]
Untangling The Legal Complexities Of Trade Secrets And AI
With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may [...]
Abbott Sues Over 3D TM Infringement Of Diabetes Device
Abbott Diabetes has sued several companies for selling a Chinese-made glucose monitoring device with signs that allegedly look "identical" to the ones on its product. [...]
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating – in more ways than one – how fluidity and [...]
Casino Biz Seeks To Smother Rival's 'Mini Burning Hot' TM
A casino tech company has asked a London court to revoke a competitor's trademark and clear the path for it to extend its "Burning Hot" [...]
Something In The Way Of Nirvana Logo Trial, Judge Told
Counsel for a former record company employee who claims he created Nirvana's "smiley face" logo urged a California federal judge Monday to let him immediately [...]
Calif. Judge Sick Of VLSI, Intel Filing Without Permission
A California federal judge has chastised VLSI and Intel for overflowing the court with endless "repetitive and unhelpful" briefs, which they were never authorized to [...]
X Corp.'s Suit Against Hate Speech Watchdog Axed For Good
A California federal judge firmly rejected X Corp.'s suit against a hate speech watchdog Monday, slamming the case as an attempt to punish the group [...]
Judge Finalizes Ban On Taking $540M IP Fight To China
An Illinois federal judge granted Motorola's request to stop Hytera from pursuing a non-infringement case against it in China, saying Monday that she would also [...]
Amgen Sues Colorado After Drug's 'Unaffordable' Rating
Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," [...]

How to Monitor my Trade Mark for Infringement?

A trade mark, sometimes called a ‘brand’ is used to signify that products or services originate from a particular entity or business. Proprietary rights in a trade mark may be obtained either by use (so-called ‘common law’ rights) or by registration (‘statutory rights’). Common law rights arise when a trade mark is used to such […]

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New Amendments to Australia’s IP Laws: Parallel Importation

The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (the Act) is introducing new changes to Australia’s IP regime. This article will consider some of the major changes to parallel importations introduced by the Act and how these impact upon the current IP regime. What is parallel importation? Parallel […]

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How to Get an International Trade Mark?

Even if you have registered a trade mark in your home country, this does not guarantee protection when you decide to expand your brand and market your products or services globally. Your trade marks may have protection in the geographical places where they are registered, but if you are trading overseas, you should consider whether […]

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3 Important Trade Mark Considerations

Descriptiveness Though it might be tempting to opt for a descriptive name for your brand to assist consumers with brand recognition, choosing a name that is too descriptive often results in a brand that is not be capable of registration as trade mark. Consider, for example, the brand name ‘Global Exports’ which is in the […]

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Funny Trade Mark Quotes

The Beginning of a Trade Mark If you’ve had any experience with trade marks, then you know it can be an exciting process. A trade mark gives you ownership of the name and the legal right to use that mark exclusively to brand your business and prevent others from doing so. From the time that […]

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The Basics of Copyright Law in Australia

What is copyright? Copyright is a form of intellectual property that protects the creator of an original work (or other subject matter) by granting exclusive rights in that work. These rights allow creators to control how their work is used and provides creators a means to commercialise their works. Who is the owner of copyright? […]

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What Do Trade Mark Attorneys Do?

Registering a trade mark can feel somewhat expensive for an on-a-budget startup! Therefore, hiring a trade mark attorney can seem out of reach when you are paying for all your other “legals”. But self-filing your trade make does not necessarily mean that you will save on money or time. If it is not done right, […]

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ATMOSS – IP Australia – Australian Trade Mark Search

What is the Australian Trade Mark Search? The Australian Trade Mark Search is a directory provided by IP Australia to assist with trade mark searches. The Australian Trade Mark Search is the successor of the former Australian Trade Marks Online Search System (ATMOSS). The Australian Trade Mark Search is an essential tool for performing initial […]

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I Want to Be a YouTuber! What IP Legals Should I Know?

The YouTuber The evolution of the video-sharing platform, YouTube, has been an exciting journey to watch. From a place one would share amateur home videos to an advertising channel with a market of millions, it’s incredible to see how people have used YouTube and content creation to create successful careers. When YouTubers such as Timothy […]

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Drone Regulations in Australia

Drone Regulations in Australia  The primary body that regulates drone use is the Civil Aviation Safety Authority (‘CASA’), which is primarily focused on the safety aspect of flying drones, or ‘unmanned aircraft’, in both controlled and uncontrolled airspace. The principle regulation that covers drone usage is the Civil Aviation Safety Regulations 1998 (Cth), and in […]

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