Wednesday, November 26, 2014

Filing of a Copyright Case Requires Registration and Not a Mere Application

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Following the passage of the country's first copyright statute in 1790 , and continuing with numerous revisions to the present day, one...
Monday, November 10, 2014

The Patenting of a Design Trademark

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It appears that the U.S. Patent Office used to issue design patents for graphical trademarks. Portland patent attorney James Walters report...
Thursday, November 6, 2014

Negotiation in the U.S. for the Sale of a Patent-Infringing Product Is Not Necessarily Infringement Under U.S. Law

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Section 271(a) of the U.S. patent law permits an infringement claim against anyone who "without authority makes, uses, offers to sell,...
Wednesday, November 5, 2014

Lawyer Receives Accolades From Judge -- And Is Then Sanctioned

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Stop me if you've heard this one. A lawyer presented oral argument to a panel of the Federal Circuit concerning a patent issue. Appare...
Monday, November 3, 2014

PTO To Provide Courtesy Reminders of Maintenance Filings

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The U.S. trademark office recently announced that, beginning in late January 2015, it will begin providing courtesy reminders of upcoming Se...
Friday, October 31, 2014

A Tale of Ghoulish Copyright Authors

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Late last night, I settled into a chair in front of my warm fire. With the windows closed and blinds drawn, I picked up my Compendium o...
Tuesday, October 28, 2014

Don't Assume That Your U.S. Patent Is Valid

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My blog post yesterday reported on the high invalidity patent rates of several developed countries. And last Friday, Judge Raymond T. Chen o...
Monday, October 27, 2014

Are Patents Worth The Paper They Are Printed On?

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At the IP Scholars Conference held at UC Berkeley this past August 8, 2014, Joachim Henkel and Hans Zischka of the Technical University of M...
Friday, October 24, 2014

Where Have The Trademark Cases Gone?

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A review of the annual  case filing statistics published by the Office of Federal Courts reveals that new trademark infringement filings in...
Thursday, October 23, 2014

The Separate Accrual Rule in Copyright

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In its decision today , the Seventh Circuit adopts a statue of limitations rule for copyright claims that many other courts have applied. Th...
Wednesday, October 22, 2014

Revised Definition of Copyright Claimant: Can't Claim It If You Don't Own (All Of) It

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The Copyright Office is amending its rules relating to who can apply for a copyright registration. The current rule permits certain classes ...
Tuesday, October 21, 2014

Digital Course Packets At College Can be Infringing

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The Eleventh Circuit spent over a hundred pages explaining why digital course packets, prepared by college professors for downloading by stu...

Trademark Protection for Food? It Doesn't Pass The Smell Test!

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The federal court in Houston ruled yesterday that the flavors of Italian cooking, and the arrangement of Italian food on a plate, cannot be ...
Wednesday, June 13, 2012

2012 Millennium Technology Prize

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Linus Torvalds The Technology Academy of Finland has awarded its 2012 Millennium Technology Prize to co-laureates Linus Torvalds of Oreg...
Tuesday, June 12, 2012

An Example Of Bad Patent Quality

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The ability of an economy to grow is related to the restraints on development. Particularly important, restraints come each day from the Pat...

Toward An Online Bill Of Rights

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Sen. Wyden (D-Ore.) and Rep. Issa (R-Cal.) have been vocal advocates against last year's Congressional steamroller that attempted to ena...
Tuesday, May 29, 2012

An Offensive Vodka Label

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An Ogden, Utah distiller, Ogden's Own Distillery , is having a problem distributing its vodka in the state of Idaho. After obtaining...
Sunday, May 27, 2012

A Memorial Day for Vietnam -- At 50 Years

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The Wall This Memorial Day 2012 marks the remembrance of the 50th anniversary of the U.S. involvement in the Vietnam War. President Oba...
Sunday, May 20, 2012

Paul Horn's "Dream Machine" and Copyright Termination

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Last week, a federal court judge in San Diego ruled that Victor Willis, the cop in the Village People music group, had the right to terminat...
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Monday, May 14, 2012

When Does The U.S. Government Not Own The Rights To A War Memorial?

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The City of Washington perhaps has more memorials, including war memorials, than any other American city. But does the federal government re...