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Bang Energy Nets $10.5M In TM Row Against E-Cig Co.
A California federal judge has awarded the maker of Bang Energy drinks more than $10 million in damages in its trademark suit after finding that [...]
DOCX Plan Risks Patent Quality And USPTO Should Reverse It
The U.S. Patent and Trademark Office should reverse its decision to require patent applications in the DOCX format, because such e-filings will introduce technical errors [...]
Entrepreneur Spotlight: How Ray Young is Fighting Content Theft Encouraged by Big Tech Platforms
Ray Young started to give creators control of their content and opportunities for IP monetization, using blockchain technology to authenticate ownership. His latest venture, [...]
Dissent Today, Majority Tomorrow—A Federal Circuit Approach to Rehearing
Talk about snatching victory from the jaws of defeat! That is precisely what the Federal Circuit did for HEC Pharm Co. recently in Novartis Pharmaceuticals [...]
Studebaker & Brackett is Hiring a Patent Attorney or Agent
Studebaker Brackett PC, a growing patent firm located in Tysons, VA, and a short walk from the Greensboro Metro Station/Silver Line, seeks a qualified, experienced [...]
Unleashing the Power of AI to Fight Bad Faith Trademark Registrations
Summer has been historically associated with celebrating the enactment of the Trademark Act of 1946 (the “Lanham Act”). Accordingly, Congress now annually introduces resolutions celebrating [...]
Future Of Patents For Inventions By AI In Congress' Hands
The Federal Circuit left it to Congress Friday to decide if the law should be changed to allow patents on inventions created solely by artificial [...]
Orange County Loses Crusade To Register Insignia At TTAB
The local government in Orange County, Calif., will not be able to land a trademark covering the use of the county's not-quite-official seal to market [...]
Apple AirPods Infringing Pinn IP Should Cost $42M, Jury Told
A damages expert testifying for Pinn Inc. in its suit accusing Apple Inc. of infringing its wireless earbud patents told a California federal jury Friday [...]
House Lawmakers Push For Patent Owner Diversity
A bipartisan pair of House lawmakers on Friday introduced a version of a bill that aims to increase diversity among patent owners — a little [...]
Songwriter Off The Hook In Chris Brown's 'No Guidance' Suit
A Florida federal judge allowed songwriter Noah Shebib out of a copyright dispute after an R&B singer accusing Chris Brown, Drake and others of ripping [...]
Fed. Circ. Backs ITC Decision Clearing Fitbit In Philips IP Row
The Federal Circuit on Friday summarily affirmed a U.S. International Trade Commission decision that cleared Fitbit LLC and Garmin International of violating the Tariff Act [...]
Scouts' Plan Mostly Approved, Jones Hit With $50M Verdicts
The Boy Scouts of America got a court's nod for the linchpin of its $2.7 billion Chapter 11 plan, the defamation damages trial of conspiracy [...]
Volkswagen Says Smartcar Is Exploiting Its Connectivity Suite
Volkswagen has accused software company Smartcar of peddling connectivity services that work with its vehicles without authorization, essentially circumventing Volkswagen's selection and approval process for [...]
Family Of Baseball Legend Lobs TM Suit At Puerto Rico Gov.
The sons of Major League Baseball Hall of Famer Roberto Clemente hit Puerto Rican governor Pedro Pierluisi and other government officials with a lawsuit Friday [...]
Ethics Lessons From The Alex Jones Discovery Debacle
The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind [...]
Other Barks & Bites for Friday, August 5: Win for AbbVie at Seventh Circuit; Eleventh Circuit Affirms Ruling for Monster Energy; and Ninth Circuit Reverses Fair Use Finding in Death Valley Lake Photo Case
This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy introduce a bill to improve patent examination and quality, while Tillis’ office [...]
Gilstrap Snags 1st MDL, And Of Course It's A Patent Case
U.S. District Judge Rodney Gilstrap's courtroom will be the home for lawsuits connected to a patent licensing company's assertion of old IBM patents against three [...]
The Role Of Morality In IP Suits Over COVID-19 Vaccines
Recent patent infringement suits involving the COVID-19 vaccines developed by Pfizer and Moderna raise interesting legal and moral issues — like whether infringement should be [...]
IP Hires: Polsinelli, Jones Day, McKool Smith
Polsinelli PC has brought on a team of intellectual property attorneys to the firm's electrical engineering and computer science patent prosecution group, and Jones Day [...]
Profs Urge Full Fed. Circ. To Review 'Startling' Novartis Ruling
Two groups of law professors have urged the full Federal Circuit to review a case in which a split panel initially sided with Novartis in [...]
CAFC ‘Unambiguously’ Backs USPTO in AI as Inventor Fight
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. Vidal that an artificial intelligence (AI) machine does not qualify [...]
11th Circ. Reverses Sex Club Manager's Pretrial False Ad Loss
The Eleventh Circuit on Thursday reversed a $900,000 false advertising judgment in favor of nearly three dozen models against a private swingers club in Miami, [...]
Battery Co. 'Threatened' Amazon UK Over Patent, Judge Says
A U.S. battery manufacturer's demands that Amazon U.K. delist allegedly infringing car battery jump starters could have been considered a threat of patent infringement against [...]
Trade Mark Opposition Process

The Trade Mark Opposition Process

As the owner of a trade mark, you are responsible to defend your trade mark rights. Therefore, you should know about the purpose and process of trade mark opposition proceedings. It is important for you to be familiar with the complexities of trade mark oppositions so that you are properly informed in case someone opposes […]

Smart Contracts W3iplaw

What are Smart Contracts?

Blockchain is a technology that is built on Bitcoin and powers the world’s first decentralized currency. This type of technology is described as immutable, transparent, anonymous and decentralized. It is decentralized through the use of peer-to-peer technology to send payments or data between entities without the involvement of a bank or other financial institution. There […]

Modern Slavery Act 2018

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 […]

Series Trade Mark Applications

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 […]

Copyright Protection of a Logo - W3iplaw

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 […]

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

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 […]


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 […]

Protect your Family Recipe - w3iplaw

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 […]

IP Australia - New Trade Mark Fees Effective 1 October 2020 | W3iplaw

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 […]

Australian Trade Mark Database

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 […]