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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of [...]
Jane Street Ends Trade Secret Fight With Rival Investing Firm
Jane Street Group LLC and Millennium Management LLC have agreed to put to rest their trade secrets dispute over a proprietary trading strategy, according to [...]
'Krank3d' TM Too Close To Rival 'Krank'd': 11th Circuit
The Eleventh Circuit on Wednesday refused to disturb a lower court's decision temporarily barring energy drink maker Hi-Tech Pharmaceuticals from using the trademark "Krank3d," agreeing [...]
Internet Archive Won't Take E-Book Fair Use To Justices
The Internet Archive on Wednesday said it will not ask the U.S. Supreme Court to weigh in on whether its practice of distributing copyrighted e-books [...]
Fed Circ. Grapples With Injunctions On Eylea Biosimilars
Regeneron Pharmaceuticals Inc. faced a two-pronged challenge before a Federal Circuit panel Thursday as two companies sought to undo a court order prohibiting them from [...]
IP Forecast: PTAB To Hear Pfizer Fight Over COVID-19 Patents
Pfizer heads to an administrative board at the U.S. Patent and Trademark Office next week to argue Moderna should not have been issued patents covering [...]
Newman Makes Another Bid to Reverse Suspension from CAFC
Judge Pauline Newman has appealed the July 2024 dismissal of her case against the U.S. Court of Appeals for the Federal Circuit (CAFC) to the [...]
Judge Newman Brings Fight To End Her Suspension To DC Circ.
U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to [...]
Investors Sue Pegasystems In Corporate Espionage Case
Business software developer Pegasystems Inc. has been hit with allegations that it misled an asset management firm by concealing its use of illegal and unethical tactics to [...]
Netgear Seeks Anti-Suit Injunction Over Huawei's Wi-Fi SEPs
Netgear is urging a California federal judge to block Chinese router-maker Huawei Technologies from seeking injunctions through Wi-Fi patent infringement actions the company pursued in [...]
Vidal Sends Nokia's Patent Challenges Back To PTAB, Again
The head of the U.S. Patent and Trademark Office has again vacated a Patent Trial and Appeal Board refusal to hear three patent challenges by [...]
DOJ Is Eyeing Foreign Patent Litigation Funding, GAO Says
The U.S. Department of Justice is examining the role foreign countries might be playing in funding patent litigation in the U.S., the Government Accountability Office [...]
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy [...]
Judge Snubs Bid For $1M Bond On $22M 'Comfy' IP Verdict
An Arizona federal judge on Wednesday rejected a retailer's bid to pay a $1 million bond while appealing a $22 million judgment against it for [...]
Sanctioned VLSI Patent Challenger Must ID Members In Va.
VLSI Technology LLC won a major victory Thursday in litigation where it's looking for compensation from a mysterious company that tried to extort it at [...]
Infringing Phone Mounts Permanently Blocked In Patent Case
A Washington federal judge agreed on Thursday to block a maker of electronic device mounts from selling certain products that have infringed a patent owned [...]
Face-Swapping App Can't Ax Reality TV Star's Suit At 9th Circ.
The Ninth Circuit on Thursday refused to toss a reality TV star's proposed class action accusing a face-swapping app of misusing his likeness, finding his [...]
NCAA's NIL Settlement 'Illegal' In Many States, Lawmakers Say
The National Collegiate Athletic Association's $2.78 billion settlement with athletes over name, image and likeness compensation, now awaiting final court approval, would be "illegal" in [...]
Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court [...]
Fed. Circ. Unlikely To Help Realtek Pursue ITC Sanctions
A Federal Circuit panel seemed baffled Thursday as a K&L Gates attorney argued that the U.S. International Trade Commission wrongly stopped his client from pursuing [...]
Federal Circuit Says No Expectation of Success Required to Combine Inherent Property of Compound with Prior Art
On Wednesday, December 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in Cytiva Bioprocess R&D AB v. JSR [...]
9th Circ. Skeptical Starz Ripped Off Play For Strip Club Drama
A Ninth Circuit panel appeared dubious Thursday of a playwright's bid to revive claims that Starz Entertainment copied her stage musical for the strip club [...]
PrizePicks Faces Second Claim Of Fantasy Platform Ripoff
Atlanta-based sports betting platform PrizePicks has been hit with a second lawsuit in as many years from business-to-business sports tech company Vetnos, claiming Wednesday that [...]
Trending At The PTAB: Collateral Estoppel Continues Evolving
We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether [...]
Smart Contracts W3iplaw

What are Smart Contracts?

19th April 2021 - admin

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 […]

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Modern Slavery Act 2018

What You Need To Know About the Modern Slavery Act 2018

1st March 2021 - admin

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

Series Trade Mark Applications

3rd February 2021 - admin

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 - W3iplaw

Copyright Protection of a Logo

30th December 2020 - admin

“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”

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

20th November 2020 - admin

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?

30th October 2020 - admin

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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Protect your Family Recipe - w3iplaw

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

11th October 2020 - admin

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 | W3iplaw

IP Australia – New Trade Mark Fees Effective 1 October 2020

28th September 2020 - admin

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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Australian Trade Mark Database

ATMOSS: The Australian Trade Mark Database

15th September 2020 - admin

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

6th September 2020 - admin

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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