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# Delain Law Office, PLLC

Nurture Your Mind-Child®

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## Posts

- [AI and IP: A Match Made in ...?](https://ipattorneyfirm.com/ai-and-ip-a-match-made-in/) - The legal landscape around AI-assisted creative output is dynamic, but this much is clear as of mid-July?2025: AI and IP do NOT mix. Human creativity must drive the work for intellectual property protection to attach to the work. The Court Says... In Thaler v. Perlmutter (March?18,?2025), the D.C. Circuit ruled AI cannot be considered an
- [Run a small business? Be aware of this upcoming deadline!](https://ipattorneyfirm.com/run-a-small-business-be-aware-of-this-upcoming-deadline/) - The Corporate Transparency Act (CTA) most ... not all ... U.S. and foreign entities to file a Beneficial Ownership Information Report with the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury.. This filing has a deadline, and failing to meet their deadline can cost you fines of up to
- [Copyright Office and the Music Modernization Act Audit Notice: If You're a Musician, You Need to Know....](https://ipattorneyfirm.com/copyright-office-and-the-music-modernization-act-audit-notice-if-youre-a-musician-you-need-to-know/) - This email arrived today, January 24, 2024 from the US Copyright Office. I copy and paste it here verbatim. "Today, the U.S. Copyright Office announces a new webpage devoted to audit notices under the Music Modernization Act (MMA). The new webpage provides instructions on how to submit MMA audit notices to the Office and will host copies
- [USPTO Relaunches "Path to a Patent"](https://ipattorneyfirm.com/uspto-relaunches-path-to-a-patent/) - I got this email from the USPTO today, and I pass it along to you. Path to a Patent quarterly series restarts January 12 Is your New Year's resolution to file a patent? The United States Patent and Trademark Office’s (USPTO) eight-part recurring Path to a Patent series covers everything from intellectual property (IP) basics, to patent searching, to
- [Copyright and Public Domain Day 2023 ... (Some of) The Best Things in Life Are (Now) Free!](https://ipattorneyfirm.com/copyright-and-public-domain-day-2023-some-of-the-best-things-in-life-are-now-free/) - Public Domain Day (which is always January 1) 2023 is the date on which all copyright protection in works that enter the public domain in 2023 expires. Public domain works are works that have been released into the public domain by the copyright holder or, as with Public Domain Day, by the law of the
- [How Do I ... Register Copyright?](https://ipattorneyfirm.com/how-do-i-register-copyright/) - US copyright registration is done through the US Copyright Office. It is not done through the writers’ groups!! Yes, there is at least one writer’s group out there that you can register your work of authorship with, but that’s not copyright registration. To actually register your copyright, you need to know a few things. First,
- [Canadian Copyright Overhaul](https://ipattorneyfirm.com/canadian-copyright-overhaul/) - Seems Canada is revamping its copyright laws. This is interesting, especially for visual artists in the collectors’ arena: the artist will be able to receive a portion of the sales proceeds from the sale of their works in some cases. In most of the world, artists and authors receive royalties only for the first sale
- [Copyright Claims Board Opens](https://ipattorneyfirm.com/copyright-claims-board-opens/) - The new Copyright Claims Board, or CCB, will hear certain copyright disputes involving claims of up to $30,000. Parties can now file a claim, opt out of a proceeding, reference CCB Handbook materials, and contact the CCB with questions on ccb.gov. No one is required to argue a dispute before the CCB; If you have a
- [Competition Is Good...Even For Government Service Providers](https://ipattorneyfirm.com/competition-is-good-even-for-government-service-providers/) - Protection of intellectual property is the main goal of the USPTO. They now have more than one vendor providing mission-critical patent services to them.
- [Twist to Claiming Copyright Protection](https://ipattorneyfirm.com/twist-to-claiming-copyright-protection/) - Valancourt Books, LLC v. Perlmutter et al. Well ... it seems US District Judge Amy Berman Jackson, sitting in the US District Court for the District of Columbia (that would be in Washington DC) has added a new twist to the claiming of copyright protection. You have to register the work with the US Copyright
- [IP Audit a Necessity for Due Diligence](https://ipattorneyfirm.com/11/) - IP audits are necessary for business due diligence.
- [Court-Mandated COVID-19 Vaccination Could Cause Constitutional Chaos](https://ipattorneyfirm.com/court-mandated-covid-19-vaccination-could-cause-constitutional-chaos/) - I got an email today from the New York State Bar Association with this text therein: "Chief Judge Janet DiFiore, during her coronavirus update today, responded to the pending lawsuits from several unions challenging the state court system’s mandatory vaccination requirement. “…[W]e look forward to demonstrating that the vaccine requirement is fully within our legal powers The patent world is abuzz with new COVID-related inventions; the trademark world is delightedly registering COVID19 drug names by the boatload.
- [The US Copyright Office Can Be Reasonable...](https://ipattorneyfirm.com/the-us-copyright-office-can-be-reasonable/) - The US Copyright Office spent several days ... 12-17 August 2021 ... updating their servers. During that time no one could get onto the eCO servers to register a new copyright or to maintain a currently registered copyright. They're doing something about that. The Register has issued an accommodation for anyone who tried to access Nurture Your Mind-Child®
- [Upcoming Copyright Office Event on 2/17/2021 to Honor RBG](https://ipattorneyfirm.com/upcoming-copyright-office-event-on-2-17-2021-to-honor-rbg/) - This should be well worth attending. Sadly, I will miss the live stream, but I look forward to the YouTube event. From the Copyright Office's blog post: "To celebrate Justice Ginsburg’s impact on copyright, join the Copyright Office on February 17 from 1:00 to 2:30 p.m. eastern time for “Copyright Office Presents: The Enduring Legacy
- [A Touch of the Public Domain](https://ipattorneyfirm.com/a-touch-of-the-public-domain/) - On 1 January 2021, the works that were published and protected by copyright in 1925 entered the public domain. These works are now free for the public to use as the public wishes to use them. The US Copyright Office's blog says, "The critical role of the public domain in human culture is easily illustrated by
- [Oh, The Places You Shouldn't Boldly Go!](https://ipattorneyfirm.com/oh-the-places-you-wont-boldly-go/) - Dr. Seuss sued Star Trek because Dr. Seuss wrote a book entitled "Oh, The Places You'll Go!" It's a popular graduation gift. Star Trek did what they called a "parody" of that book, calling it "Oh, The Places You'll Boldly Go!" and using Star Trek characters in a Seuss-like literary environment. The drawings evoke Seuss;
- [Sojourner Truth and Copyright Innovation](https://ipattorneyfirm.com/sojourner-truth-and-copyright-innovation/) - I refer you to the Copyright Office's blog, on which is an interesting post about Sojourner Truth's contribution to copyright law. Interesting stuff! I never knew this about Sojourner Truth. I knew she was a powerhouse in history, especially black history, I knew she was enslaved as a child and young adult, I knew she
- [Some Inventions Are Turkeys](https://ipattorneyfirm.com/some-inventions-are-turkeys/) - In the spirit of Thanksgiving, I thought I'd share some of my favorite turkey patents. US Patent 10,363,772 is entitled "Turkey Fan Favorite." It teaches "[a] display device for spreading a turkey's tail feathers in a fan-like display is provided. The device consists of a U-shape with 3 rubber quill clips, 1 located at the
- [Inventions are Either Dogs or Cats](https://ipattorneyfirm.com/dogs-or-cats/) - Some inventions actually are dogs. You've met the dog I'm talking about. It's that big, friendly, in-your-face, social charmer who wants -- nay, needs -- to be the center of attention. They wear their hearts on their shoulders (dogs don't generally wear sleeves) and you know exactly what this dog ... of whatever breed ... is
- [The Day The Music Died](https://ipattorneyfirm.com/the-day-the-music-died-rbg/) - US Supreme Court Associate Justice Ruth Bader Ginsburg (3/15/1933-9/18/2020), the unlikely rock star and cultural icon known affectionately as "Notorious RBG," who loved her family, loved the law, loved the opera, and loved her country (not necessarily in that order), left this earth yesterday. She had just reached the halfway point between 87 and 88.
- [Cool Foam Technology From NFL Concussion Experience](https://ipattorneyfirm.com/cool-foam-technology-from-nfl-concussion-experience/) - .The USPTO has a very cool article on its site. It seems former #NFL cornerback Shawn Springs holds a patent on helmet foam technology that minimizes the effects of those skull-crushing impacts that football players suffer as part of the game. The technology is adapted from a child safety seat used in automobiles. Enjoy the
- [Interesting Blog Post from the US Copyright Office](https://ipattorneyfirm.com/interesting-blog-post-from-the-us-copyright-office/) - The US Copyright Office, a subagency of the US Library of Congress, has published a blog post on what an artist wishes they had learned about copyright in art school. It's a good read. Enjoy!
- [USPTO's Invention-Con 2020 Is Happening Now](https://ipattorneyfirm.com/usptos-invention-con-2020-is-happening-now/) - If you've invented something, or are even thinking about inventing something, the US Patent and Trademark Office's 2020 Invention-Con is The Place To Be. It started yesterday (8/20/2020) and continues through tomorrow (8/22/2020). This year's theme is Your IP: A power tool for building success. Click one, click all and get your FREE tickets to
- [Schenectady County Bar Association CLE on IP - When Not to Dabble](https://ipattorneyfirm.com/schenectady-county-bar-association-cle-on-ip-when-not-to-dabble/) - On 11 August 2020, I was delighted to give a CLE presentation to the Schenectady County Bar Association on IP - When Not to Dabble. It also includes a run-through of two registrations ... one copyright, one trademark. Enjoy!
- [Black Lives Matter](https://ipattorneyfirm.com/black-lives-matter/) - Today, Delain Law Office, PLLC joins the world in mourning the loss of George Floyd. We pray for his family and friends as they lay him to rest, and we pray for every family who has lost a loved one at the hands of violence ... especially police violence. We pray for their strength and
- [USPTO's National Patent Drafting Competition Announces 2020 Winners](https://ipattorneyfirm.com/national-patent-drafting-competition-announces-2020-winners/) - ...and Delain Law Office, PLLC congratulates them. The National Patent Drafting Competition is a competition that the US Patent & Trademark Office holds for law students to introduce them to issues arising in US patent law. The point of the competition is to develop each team's drafting, amending and prosecuting skills working with a hypothetical
- [Privacy and Home Base in COVID-19](https://ipattorneyfirm.com/privacy-and-home-base-in-covid-19/) - So. You're being a good citizen of the world and sheltering in place. Your employer actually allows you to work from home and you're accessing your employer's information over your home-based wi-fi. You have a password on your router, a password on your local computer, your and you have never seen a neighbor lurking on
- [CARES Act Reposting](https://ipattorneyfirm.com/cares-act-reposting/) - https://www.ipintelligencereport.com/2020/03/27/the-coronavirus-aid-relief-and-economic-security-act-grants-the-us-patent-and-trademark-office-the-authority-to-manage-statutory-due-dates/ Under the CARES Act, the US Patent and Trademark Office has the (temporary) authority to "manage" ... postpone ... certain statutory deadlines in patent matters. The CARES Act, H.R. 748 116th Cong. (2020), gives the USPTO the authority during the emergency period to “toll, waive, adjust, or modify any timing deadline established” in the
- [Why Do YOU Need a Lawyer?](https://ipattorneyfirm.com/why-do-you-need-a-lawyer/) - You're forming a business. You need a lawyer because you need to do it right. You need the magic words that form the business you want to form in the formation documents (do you know what those magic words are?). Or maybe you're developing a brand for your new business. You need a lawyer because
- [Traveling Through the Age of Novel Coronavirus](https://ipattorneyfirm.com/traveling-through-the-age-of-novel-coronavirus/) - In case you've missed it, we're looking at a new and contagious epidemic virus. Novel coronavirus (COVID 19) is burning through the human population. It started in snakes and jumped over to humans in China and Iran (and people who have recently been to China and Iran are not welcome to cross US borders at
- [WiLan v. Apple Computer](https://ipattorneyfirm.com/wilan-v-apple-computer/) - So. The Jury Has Spoken. And Apple's stock will dip a bit. That, for those looking to buy AAPL, might be a good thing; for those already invested in AAPL, it's not a good thing. But will Apple actually be on the hook to pay $85M to WiLan? Well see. Apple's pockets are deep enough
- [Fair Use and Social Media](https://ipattorneyfirm.com/fair-use-and-social-media/) - 17 USC 106 & 107 combine to make a case AGAINST a copyright infringement claim against someone on social media. But to enforce copyright, protect the rights.
- [A Christmas Copyright](https://ipattorneyfirm.com/a-christmas-copyright-2/) - public domain, copyright, copyright infringement, Holidays
- [Handy Widget for Converting Currencies](https://ipattorneyfirm.com/handy-widget-for-converting-currencies/) - I'm going to England in December. Because of this fact, I'm interested in converting pounds sterling to dollars and vice versa. I found this handy-dandy widget that does just that. While this has absolutely nothing to do with intellectual property, I put it here as a service to my IP clients (and others) who travel
- [Will Phonetic Profanity Be OK to Register as a Trademark??](https://ipattorneyfirm.com/will-phonetic-profanity-be-ok-to-register-as-a-trademark/) - Can a phonetically profane word be registered as a trademark?
- [Public Domain Expanded Nicely on 1/1/2019](https://ipattorneyfirm.com/public-domain-expanded-nicely-on-1-1-2019/) - For the first time in 20 years, the public domain for copyrighted works has expanded! Works that were copyrighted in 1923 were protected on 31 December 2018 but entered the public domain on 1 January 2019 ... and that has happened now for the first time in 20 years thanks to the Sonny Bono Copyright
- [IP Mosaic Conference - Blockchain Section](https://ipattorneyfirm.com/ip-mosaic-conference-blockchain-section/) - I was fortunate to be able to attend at least part of the Fourth Annual IP Mosaic Conference, held at my alma mater, UNH School of Law (formerly, and when I attended, Franklin Pierce Law Center). Less fortunately, I was sick and had to bag it, so I missed the section on blockchain. But the
- [Trademark Misuse Cleverly Contested](https://ipattorneyfirm.com/trademark-misuse-cleverly-contested/) - The song is cute. The video is cute. The point is valid. Those who own trademarks that are entering the general lexicon should take heed. Don't Say Velcro!
- [Collection vs. Individual Copyright Registration](https://ipattorneyfirm.com/collection-vs-individual-copyright-registration/) - Copyright can be registered for individual works and collections. Which is best for photographers?
- [Matal v. Tam, ___ US ___ (2017)](https://ipattorneyfirm.com/matal-v-tam-___-us-___-2017/) - SCOTUS handed down a HUGE trademark decision yesterday. Matal v. Tam declares the language of 15 USC 1052(a), which prevents the registration of marks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead” to be unconstitutional under the First Amendment's Free Speech clause. Wow. This
- [Free Legal Opinions and Orders Easily Accessible](https://ipattorneyfirm.com/free-legal-opinions-and-orders-easily-accessible/) - This is pretty cool. The Free Law Project is working to make available in one place all the free materials available on PACER. That includes opinions and orders from every federal court in the nation. "Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and
- [Happy Earth Day 2017!](https://ipattorneyfirm.com/happy-earth-day-2017/) - Earth Day, intellectual property, green technology, oil
- [Cheerleader Outfit Designs ARE Covered by Copyright](https://ipattorneyfirm.com/cheerleader-outfit-designs-are-covered-by-copyright/) - Star Athletica, L.L.C. v. Varsity Brands, Inc., et al., 580 US ___, a newly (22 March 2017) decided copyright case, finds that the design elements of a cheerleading outfit can be covered by copyright. According to the syllabus of the case, SCOTUS holds: "A feature incorporated into the design of a useful article is eligible
- [Copyright Rulemaking on Moral Rights](https://ipattorneyfirm.com/copyright-rulemaking-on-moral-rights/) - "The U.S. Copyright Office has published a Federal Register notice extending the deadlines for public comment in connection with the Office’s study on the moral rights of attribution and integrity. Public comments are now due no later than 11:59 p.m. Eastern time on March 30, 2017, and reply comments are now due no later than
- [Winter Weather](https://ipattorneyfirm.com/winter-weather/) - The snow is falling thick and fast as I write this. The roads are terrible; accidents abound on the highways and the back roads around Clifton Park, NY. The net result of this, of course, is that the office is CLOSED on Monday, 13 February 2017. Stay safe!
- [A Christmas Copyright](https://ipattorneyfirm.com/a-christmas-copyright/) - Home Free, an a cappella singing group, put out this beautiful rendition of "Angels We Have Heard On High" a couple of years ago. The basic song itself, melody and words, is in the public domain. Anyone can perform "Angels We Have Heard On High" anytime without paying any royalties to anybody. Home Free is
- [Hail and Farewell](https://ipattorneyfirm.com/hail-and-farewell/) - The franchisee who developed and named the Big Mac died on Monday night. Jim Delligatti, an early franchisee of Ray Croc's, ran several McDonald's in the Pittsburgh area (he ended up with nearly 50 stores). The first Big Mac sold in Mr. Delligatti's restaurant on McKnight Road in Ross Township for $0.45 ... that's right, the first Big
- [Crowdfunding IP](https://ipattorneyfirm.com/crowdfunding-ip/) - This is a good article about the taxability of crowdfunding. But who owns the intellectual property in a crowdfunding situation? Does the inventor or author always get to keep the rights to the Big Idea they fund? Well, as with whether a crowdfunding campaign is taxable or not, that depends. Intellectual property is transferred by
- [New Patent Fees Coming](https://ipattorneyfirm.com/new-patent-fees-coming/) - The US Patent and Trademark Office issued a proposed fee adjustment today. The large-entity fees are going up. That, of course, impacts the small- and micro-entity fees, since those fees are expressed as a percentage of the large-entity fees (50% reduction for small entities, 75% reduction for micro entities). The Notice of Proposed Rulemaking won't
- [The New Yorker Takes On the Supreme Court](https://ipattorneyfirm.com/the-new-yorker-takes-on-the-supreme-court/) - This is an interesting take on the post-Scalia pre-successor-appointee Court.
- [USPTO Patent Examination and Procedure Training Coming Up](https://ipattorneyfirm.com/uspto-patent-examination-and-procedure-training-coming-up/) - From the US Patent and Trademark Office: The USPTO will host a three day training course on examination practice and procedure for members of the public as part of the Stakeholder Training on Examination Practice and Procedure (STEPP) program. The training will be held November 15 - 17 on the USPTO's Alexandria, Virginia campus. This training is intended for
- [New Visitors at My Office](https://ipattorneyfirm.com/new-visitors-at-my-office/) - Pokémon Go came out a couple of weeks ago. The Pokémon are showing up at my office in droves. Apparently they want my help with the legal issues they encounter with battling other Pokémon. They need to set up franchises and businesses, they need to protect their battle rankings, and they certainly need to protect their
- [Twitter Weekly Updates for 2009-04-19](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-04-19/) - Opera singer Marian Anderson couldn't sing here b/c she was black; historic concert celebrated 70 yrs later http://tinyurl.com/cwje6z # Be honest now: how likely are you to use social media to decide what lawyer to hire for your bus...: http://socialtoo.com/survey/view/2519 # RT @konterfai_rss: Google Patent Application on How Users Can Add Pages to Search Results
- [What Is the DOJ Thinking?????!](https://ipattorneyfirm.com/what-is-the-doj-thinking/) - The Department of Justice has basically denied songwriters a living wage from their hard work. Yuck. There is some light at the end of this tunnel, I don't see a lot of it. This is administrative law. Admin rulings like this can be appealed at the District Court level, but not for content per se; only for
- [Cuozzo v. Lee, 579 US ____ (2016)](https://ipattorneyfirm.com/cuozzovlee/) - Discussing the recent Cuozzo case, for which decision announcement I was present in the SCOTUS courtroom
- [On Admission to the SCOTUS Bar](https://ipattorneyfirm.com/on-admission-to-the-scotus-bar/) - I am now a member of the bar admitted to practice before the US Supreme Court.
- [USPTO's New STEPP Program](https://ipattorneyfirm.com/usptos-new-stepp-program/) - From the USPTO's website: "The Stakeholder Training on Examination Practice and Procedure (STEPP) program is administered by the Office of Patent Training (OPT) under the third pillar (Pillar 3, Excellence in Customer Service), of the Enhanced Patent Quality Initiative (EPQI) and is a new and important part of the USPTO’s mission to deliver intellectual property information and education to
- [Patent Maintenance Fee Storefront Now Available from the USPTO](https://ipattorneyfirm.com/patent-maintenance-fee-storefront-now-available-from-the-uspto/) - From the USPTO: "The new Patent Maintenance Fees Storefront is now available. Customers can look up and pay patent maintenance fees using the patent number and patent application number, as in the retired system. We recommend reviewing the information here and on the Fee Payment Transition Resources page to learn more about the Patent Maintenance Fees Storefront's enhanced features."
- [Pets and Property](https://ipattorneyfirm.com/pets-and-property/) - Georgia, animal law
- [Apple v. Samsung at the Federal Circuit](https://ipattorneyfirm.com/apple-v-samsung-at-the-federal-circuit/) - Apple, Inc. has some pretty cool stuff. They came up with the Macintosh in 1986. They very intelligently niched out of the World of Microsoft Windows. They now give us music, videos, computers, phones, tablets, watches that we can use as phones and all kinds of tekkie goodies. More specifically, they have this nifty slide-to-unlock mechanism on their touchscreen
- [Justice Scalia](https://ipattorneyfirm.com/justice-scalia/) - Sympathies to Justice Scalia's family and friends
- [BigLaw vs SmallLaw](https://ipattorneyfirm.com/biglaw-vs-smalllaw/) - BigLaw is charging $1,500 per hour for partners' time. I won't raise my rates; I'm happy with them, I live decently with them, my cats live like the royalty they are with them, and I don't need to raise them. Geez ... $1,500.00 per hour ... that's absurd. I invite any BigLaw clients who don't want to pay
- [AVVO Gets Sued for Using a Lawyer's Professional Information Without Consent](https://ipattorneyfirm.com/avvo-gets-sued-for-using-a-lawyers-professional-information-without-consent/) - According to the ABA Journal, a Chicago lawyer is suing the lawyer review and ranking site Avvo "...contending that the company’s online lawyer directory is violating a[n Illinois] state statute by using professional information on the site without permission." It's an odd suit. Evidently, this Chicago lawyer is aggrieved that Avvo compiles data, including her name, from
- [USPTO Updating Its Systems](https://ipattorneyfirm.com/uspto-updating-its-systems/) - Announcement of USPTO's webinar to introduce its updated systems for managing patents and patent applications
- [Back to the Future](https://ipattorneyfirm.com/back-to-the-future/) - As any geek knows, 21 October 2015 is Back to the Future Day. In celebration thereof, I present to you on this 21 October 2015 a patent for the most oh-so-desirable device ripped straight from the movie franchise: a magnetic hover-board! It's not a flying car, but it gets you there.
- [Alzheimer's](https://ipattorneyfirm.com/alzheimers/) - My mother died in January of this year; she had been diagnosed with Alzheimer's about a year before she went. Pneumonia took her while she still remembered me and still had many of her long-term memories intact; I thank goodness that she was spared the living hell that she would have gone through with the total
- ["Happy Birthday To You" Is Apparently Public Domain](https://ipattorneyfirm.com/happy-birthday-to-you-is-public-domain/) - For years now, we have labored under the impression that a valid copyright exists on "Happy Birthday To You." Evidently, that copyright's validity is undone.
- [Google Books Is Protected by the Fair Use Doctrine](https://ipattorneyfirm.com/google-books-is-protected-by-the-fair-use-doctrine/) - The Second Circuit Court of Appeals decided that the Google Books Project is protected under the Fair Use doctrine codified at 17 USC 107.
- [USPTO Has Trained Its Examiners in a "Plain Meaning of Terms" Initiative](https://ipattorneyfirm.com/uspto-has-trained-its-examiners-in-a-plain-meaning-of-terms-initiative/) - The USPTO has updated the training it gives its patent examiners this spring to clarify the terms used in the prosecution of a patent. The guidelines explain that "the PTAB and courts will be informed as to what the examiner and the applicant understood the claims to mean." The goal of the new initiative is to provide
- [Changes Coming for Copyright...](https://ipattorneyfirm.com/changes-coming-for-copyright/) - This year's two-year Congressional House Judiciary Committee's review of copyright "focused on music licensing, discussing recently introduced legislation that has the backing of the music industry. One proposal, the Fair Play, Fair Pay Act, would establish a performance right and also require all radio formats to pay royalties for the performance of pre-1972 recordings." These
- [Viewing Veins](https://ipattorneyfirm.com/viewing-veins/) - My daughter has "rolling" veins. Honestly, whenever she has an venous puncture, the needle pokes and tears her surrounding tissues, searching for a vein. Only the most skilled phlebotomists (and one absolutely amazing nurse) can find her veins on the first try. Enter a cool new invention (wish I'd written the patent for it). A
- [USPTO Assignment Database How-To Webinar Announcement](https://ipattorneyfirm.com/uspto-assignment-database-how-to-webinar-announcement/) - From the US Patent & Trademark Office ("USPTO"): "The USPTO is pleased to announce a webinar on Thursday, January 22, 2015 from noon to 1 pm Eastern Time about how to locate ownership information for U.S. patents and patent applications in the USPTO's newly revamped Assignment Database. The webinar is free and will include ample
- [Waiting Here For You Christmas - YouTube](https://ipattorneyfirm.com/waiting-here-for-you-christmas-youtube/) - Merry Christmas to one and all..
- [Apple Customer Service](https://ipattorneyfirm.com/apple-customer-service/) - I got an email purportedly from iTunes on Thursday telling me that I had purchased a piece of software for $899.99, adding in sales tax (at the proper rate), giving me a registration key and giving me a link to go for "support." The email looked authentic; it correctly used Apple's trademarks and it had
- [The FTC Finally Targets an IP Troll](https://ipattorneyfirm.com/the-ftc-finally-targets-an-ip-troll/) - For any who don't know, a "troll" is a company (and its lawyers) that sends out thousands of cease-and-desist letters threatening a lawsuit against a supposed infringer of that company's supposed intellectual property. It's a nasty practice that has brought the trolls (and their lawyers) many hundreds of thousands of dollars over the years. Finally,
- [American Broadcasting Companies vs. Aereo, Inc.](https://ipattorneyfirm.com/american-broadcasting-companies-vs-aereo-inc/) - Discussion of SCOTUS' recent decision holding that rebroadcasting is a "transmission" and a "public performance" within the meaning of the 1976 Copyright Act.
- [SCOTUS Got It Right — I Think](https://ipattorneyfirm.com/scotus-got-it-right-i-think/) - Today, the US Supreme Court handed down the long-awaited Hobby Lobby decision (Burwell v. Hobby Lobby Stores, Inc., ___ US ___ (2014). In the decision, they overturned the Obama administration's insistence that Obamacare overrides the First Amendment. We all know the facts of this one. Hobby Lobby, Inc., a closely held corporation, is owned by
- [USPTO and Politically Correct Speech](https://ipattorneyfirm.com/uspto-and-politically-correct-speech/) - The US Patent & Trademark Office issued a ruling that the name of the Washington, DC NFL football team is derogatory and offensive toward Native Americans. They cancelled the trademark. The Washington team has had its name since 1933. They started out in Boston as the Boston Braves in 1932, becoming the Boston Redskins when they moved
- [Raging Bull Laches On](https://ipattorneyfirm.com/raging-bull-laches-on/) - The US Supreme Court has issued a decision in the Petrella v. MGM, 572 US ___ (2014). The equitable doctrine of laches says that if a plaintiff waits too long before bringing a lawsuit, that suit cannot be heard. It's a common-law version of a statute of limitations. Under a statute of limitations, a case can be forever dismissed because
- [DirecTV and AT&T Merge](https://ipattorneyfirm.com/directv-and-att-merge/) - By now, everyone's heard that AT&T is proposing to buy DirecTV for $48.5 billion in cash and stock. I'm wondering why. DirecTV and AT&T compete in a few marketplaces in the US, but not really in enough markets to justify a $48.5 billion takeover, especially in the current technological environment. DirecTV's technology will do nothing to
- [Washington Redskins](https://ipattorneyfirm.com/washington-redskins/) - It's been quite some time since I posted to this blog, and I have to come back with a rant. The Washington Redskins are an NFL football franchise. Nothing more, nothing less. However, their name is evidently a political fireball. The pro column for changing the name is limited to political correctness, which, I'm sorry,
- [Wiley v. Kirtsaeng—Changing Copyright Ownership in the USA?](https://ipattorneyfirm.com/wiley-v-kirtsaeng-changing-copyright-ownership-in-the-usa/) - Wiley v. Kirtsaeng, S.Ct. Docket No. 11-697, one of the most important intellectual property matters to come before the Supreme Court in recent years, re-examines the "first sale" doctrine in copyright law. Stare decisis tells us that owners of the individual copies of copyrighted works are free to resell, lend, or give away their legal copies of
- [Patent Secrets](https://ipattorneyfirm.com/patent-secrets/) - Elon Musk, founder of SpaceX and co-founder of Tesla Motors & SpaceX, said during his interview with Wired Magazine: "I can’t tell you much. We have essentially no patents in SpaceX. Our primary long-term competition is in China—if we published patents, it would be farcical, because the Chinese would just use them as a recipe book."
- [Fair Use and Faulkner](https://ipattorneyfirm.com/fair-use-and-faulkner/) - The rightsholder for the works of William Faulkner sued — twice — over infringements of their copyrights.Although the suits were originally poo-poohed, the question asked by the two suits — what are the limits of fair use — is a question that has long plagued copyright holders and infringers alike. Maybe, just maybe, we'll get
- [Viagra Patent No Good in Canada](https://ipattorneyfirm.com/viagra-patent-no-good-in-canada/) - Pfizer wrote a patent application for one of its drugs and prosecuted it through to issuance in Canada. However, in that patent application, Pfizer's Canadian patent attorneys/agents evidently failed to disclose the best mode of making and using the invention by "...failing to identify the active compound in the drug." The drug is Viagra, a
- [Copyright Alert System](https://ipattorneyfirm.com/copyright-alert-system/) - Huh. Isn't this interesting. The ISPs are initiating a six-strike system to help enforce copyright. I'm glad to see the ISPs getting involved more proactively in the enforcement of copyright. The internet is a wonderful invention, but it does lend itself to infringement. Copying without permission is very, very easy in this online world, but
- [Apple v. Samsung Reversed and Remanded](https://ipattorneyfirm.com/apple-v-samsung-reversed-and-remanded/) - According to the U.S. Court of Appeals for the Federal Circuit ("CAFC"), the U.S. District Court for the Northern District of California abused its discretion when it granted a preliminary injunction against the sale of the Samsung Galaxy Nexus pursuant to a patent infringement suit currently before that court. The CAFC's decision cements the process
- [UNH School of Law Library Is a Patent Office Resource Center](https://ipattorneyfirm.com/unh-school-of-law-library-is-a-patent-office-resource-center/) - Why am I not surprised? Franklin Pierce Law Center, my alma mater, which was rechristened the University of New Hampshire School of Law a couple of years ago, is now a USPTO Resource Center. The Grand Opening of the new USPTO Resource Center is on 1 November 2012. I wish I could go celebrate this
- [Starbarks and Starbucks: A Story of a Trademark Problem](https://ipattorneyfirm.com/starbarks-and-starbucks/) - Starbucks objects to the name of a new dog daycare facility outside of Chicago. Starbarks is evidently too similar to Starbucks for the coffee chain. They've sent a cease-and-desist letter threatening legal action unless the owner changes the name post haste. Andrea McCarthy-Grzybek, who co-owns the Illinois facility, can't afford to pursue the case in
- [Quote of the Decade](https://ipattorneyfirm.com/quote-of-the-decade/) - "I'm alone and outgunned, scared and inexperienced, but I'm right." --John Grisham, The Rainmaker (emphasis added) I find this quote apropos to a litigation I'm currently handling. When the opposing counsel's 50-cal cannon booms, that cannon has shot off only one round, and now it must be reloaded. I, on the other hand, have a
- [Google and Publishers Settle Their Suit](https://ipattorneyfirm.com/google-and-publishers-settle-their-suit/) - Well this part of the suit against the Google Library Project is done. The American Association of Publishers (AAP) has settled with Google. Google, as you may know, took on the ambitious project of digitizing libraries to make that content available online. The Google Books site provides book excerpts for free. Not unexpectedly, this project
- [America Invents Act Takes Hold](https://ipattorneyfirm.com/america-invents-act-takes-hold/) - At 12:01 am on 16 September 2012, seven new provisions of the Leahy-Smith America Invents Act of 2011 went into effect. The new rules are intended to streamline the patent application process and introduce new procedures to ensure patent quality, spur innovation and grow the economy. The rules that went into effect include: The Oath and/or Declaration
- [Parsing the Patent SHIELD Act](https://ipattorneyfirm.com/parsing-the-patent-shield-act/) - The bill introducing the Saving High-tech Innovators from Egregious Legal Disputes (Patent SHIELD Act, H.R. 6245) attempts to bring a "loser pays" system for software and hardware patent lawsuits, purportedly to protect startups from plaintiffs that want to force settlements through the threat of high legal bills. The Patent SHIELD Act was introduced by Peter
- [Apple Wins](https://ipattorneyfirm.com/apple-wins/) - Apple won. Bigtime. Their patents officially declared infringed by a jury, Apple walked away from the Apple/Samsung trial with an enormous award. Not quite sure what I think of a billion-dollar patent infringement award. I agree, of course, that patents should be enforced, and infringers should be held liable for their infringements, but a billion
- [The USPTO Finally Takes Steps Toward the 21st Century](https://ipattorneyfirm.com/the-uspto-finally-takes-steps-to-enter-the-21st-century/) - The US Patent & Trademark Office ("USPTO") announces that it is in the process of modernizing electronic patent application filing to allow applicants to submit electronic patent applications in a text format. Prior to submission, we can (and should) expunge metadata from an appropriately formatted text file. We can also run an optional analytics report
- [DNA Data](https://ipattorneyfirm.com/dna-data/) - Seems Harvard has encoded data -- a lot of data -- in a DNA strand. I'm not sure what I think of this. Is it WAY cool technology? You bet. However, the thought that a life-force molecule like DNA can be used to store 700 terabytes in one drop? Hmmm... WHAT data will now get
- [<i>In re: Beineke</i> Further Defines Plants Eligible for Patent Protection](https://ipattorneyfirm.com/in-re-beineke-further-defines-plant-cultivated-state/) - Sometimes the Other Two types of patent get short shrift in the mainstream patent press. Not so this week. The Court of Appeals for the Federal Circuit (CAFC) has just decided In re: Walter F. Beineke, Dockets 2011-1459, -1460, ___ USPQ ____. Beineke appealed from the USPTO's rejection of his claims for patent protection for
- [AIA Changes Who Is Entitled to the Title of "Applicant" in US National Applications Under the PCT](https://ipattorneyfirm.com/aia/) - On September 16, 2012, the America Invents Act is slated to change who is entitled to the title of "applicant" in U.S. national patent applications, removing the requirement that inventors be named as applicants solely for the purposes of US designation. This impacts applicants who have filed under the Patent Cooperation Treaty (PCT) and brings the
- [Congrats to New USPTO Law School Pilot Program Participants](https://ipattorneyfirm.com/congrats-to-new-uspto-law-school-pilot-program-participants/) - Congratulations to the new USPTO Law School Pilot Program participants! The newly selected schools are: Arizona State University School of Law (Patents and Trademarks) California Western School of Law (Trademarks) Case Western Reserve University School of Law (Patents) Fordham School of Law (Patents and Trademarks) Michigan State University School of Law (Trademarks) North Carolina Central
- [Obamacare Passes Constitutional Muster](https://ipattorneyfirm.com/obamacare-passes-constitutional-muster/) - That's a surprise; I expected CJ Roberts to vote to strike down the Affordable Health Care Act. I guess he's more of a switch hitter than I thought. The Court upheld the Affordable Healthcare Act's individual mandate not under the Commerce Clause — it acknowledges that not doing something can have no effect on commerce
- [HathiTrust Copyright Case Rumbles On....](https://ipattorneyfirm.com/hathitrust-copyright-case-rumbles-on/) - HathiTrust, a partnership between several major universities, is being sued for copyright infringement in what is the largest infringement case in history.
- [Village People Case: You Can Terminate Grants of Copyright, Regardless of Other Authors](https://ipattorneyfirm.com/villagepeople/) - Victor Willis, the former lead singer of the Village People, won a victory copyright case pending in the U.S. District Court for the Southern District of California. In Scorpio Music S.A., et al v. Victor Willis, publisher Scorpio Music said Willis was not entitled to terminate grants of his copyright interests in such hits as
- [The Laws of Nature STILL Cannot Be Patented](https://ipattorneyfirm.com/lawsofnature/) - Last week, a unanimous US Supreme Court decided Mayo Collaborative Services v. Prometheus Laboratories, interestingly citing the 150-year-old O'Reilly v. Morse which invalidated Samuel Morse's attempt to get a patent to cover "electro-magnetism, however developed, for marking or printing intelligible characters, signs, letters, at any distance, being a new application of that power of which
- [Marilyn Monroe photos can be freely licensed by the copyright holder -- until the appeal](https://ipattorneyfirm.com/marilyn-monroe-photos-can-be-freely-licensed-by-the-copyright-holder-until-the-appeal/) - The Judicial View has noted the trial-level results of the fight that has been going on over the rights to Marilyn Monroe photographs. The copyright holder was photographer Sam Shaw, deceased; Mr. Shaw's family formed a business entity for the purpose of holding the copyrights to his works. Marilyn also has a successor organization, called
- [America Invents Act](https://ipattorneyfirm.com/america-invents-act/) - America Invents Act Presentation I can't do a better job of dissecting this complex new patent legislation, the first overhaul of the patent code since the early 1950s, than does Professor Jeff Hawley, who teaches at my alma mater, the former Franklin Pierce Law Center (now University of New Hampshire School of Law). His video
- [America Invents Act Is Signed ...](https://ipattorneyfirm.com/america-invents-act-is-signed/) - This is the first major overhaul of the patent system since 1952, and major it is. Here's a line-up of some of the changes that the new law puts into effect. The Biggie: Today, the patent system in the USA is a so-called "first-to-invent" system; an inventor who wants to prove that they invented something
- [Star Trek Technology is Swedish](https://ipattorneyfirm.com/star-trek-technology-is-swedish/) - Star Trek influences many aspects of our society; flip phones, for example, came from Captain Kirk's flippy communicator. Now, it seems, the Romulans are getting in on the 21st Century act. A Swedish company, BAE Systems, has conjured up a cloaking device. See Bae Systems' cloaking device. I love it when sci fi isn't so
- [Who Owns the Posting](https://ipattorneyfirm.com/who-owns-the-posting/) - Suppose you run an internet site that accepts postings from users. Suppose some of those postings are pretty good. Users voluntarily and without payment post to your website. Who owns the postings? The answer to this question depends on the Terms of Use on your website and how users access your site. The author of
- [Millions of Patents](https://ipattorneyfirm.com/millions-of-patents/) - Factoid: The USPTO has issued millions of patents. Number 8,000,000 will issue in 2011. The USA is a very, very inventive country. At 8,000,000 patents in just under 200 years, we've come a long way since the verdict was issued that "everything that can be invented has already been invented." We'll keep on inventing ...
- [Intellectual Property Insurance](https://ipattorneyfirm.com/intellectual-property-insurance/) - You need to know this. If you own any IP, what is your threshold for litigation? Rest assured, even the smallest businesses get involved with IP litigation, then find they can't afford it because their general business liability policies don't cover it. There is no need for you to be on your own in the
- [URAA Before the US Supreme Court](https://ipattorneyfirm.com/fair-use-before-the-us-supreme-court/) - The United States Supreme Court granted a writ of certiorari to a case that challenges the copyright portion of the Uruguay Round Agreements Act. We'll have to watch this one.
- [Patent Reform Bill is Back in Congress](https://ipattorneyfirm.com/patent-reform-bill-is-back-in-congress/) - Congress is debating again. This time, it's the current patent law that is coming under legislative scrutiny. Sen. Patrick Leahy (D-VT) says they'll introduce the legislation next week. I don't know yet what I think of this bill. I don't think I like the idea that damages are limited in patent infringement cases; patent infringement
- [Tucson, AZ](https://ipattorneyfirm.com/tucson-az/) - Our thoughts and prayers are with the Tucson victims and their families as we watch the tragedy of the shooting aftermath unfold. Hospital Update on Tucson Shooting Gabrielle Giffords expected recover after Tucson shooting Tweet
- [Starbucks is Revamping Its Image](https://ipattorneyfirm.com/starbucks-is-revamping-its-image/) - They just unveiled their new logo. See the Yahoo! story. Companies update their logos from time to time, and the changes, as long as they don't completely change the logo, are considered to be part of the continuous use of the logo. For example, the little girl carrying the spilling salt on the Morton Salt
- [Beatles Collection DOES Have Protection Under Copyright](https://ipattorneyfirm.com/beatles-collection-does-have-protection-under-copyright/) - BlueBeat.com tried. They sold digital copies of Beatles music without proper licensing. They can't do that. U.S. District Judge Josephine Staton Tucker, who ruled that BlueBeat.com violated the copyrights and presented unfair competition to music company EMI Group and others, is quite correct. Although the judgment she issued does not specify damages for infringement and
- [Musings of the Season](https://ipattorneyfirm.com/musings-of-the-season/) - The other day a cashier was lamenting, in advance, to one of my FaceBook pals (from whom I copied this posting) of the "dreaded next few weeks". He said that he dreads the holidays and the number of customers that will yell at him, scowl at him, complain to him and push their way into
- [Copyright a Chilean Note](https://ipattorneyfirm.com/copyright-a-chilean-note/) - The author who said, "estamos bien en el refugio los 33" has registered a copyright on the phrase. So what, you ask? That phrase, written in red ink, announced to the world that the trapped Chilean miners were alive and well down there in the broken mine. That copyright registration has some pretty interesting ramifications.
- [China to issue the most patents in 2011](https://ipattorneyfirm.com/china-to-issue-the-most-patents-in-2011/) - Now isn't this interesting. China, whose ancient and noble culture does not include much respect for intellectual property, believes that it will be the leader in the world for issuing patents in 2011, outgunning the USPTO, the European Patent Office, and Japan. They say that both number and quality of patents have increased steadily to
- [Video Addition to Our Repertoire](https://ipattorneyfirm.com/video-addition-to-our-repertoire/) - I'm figuring out how to upload video to YouTube. The first video, a high-level overview of the patent process, is below. Please feel free to subscribe to our channel. Here's the video. Now I need to figure out how to make the video fit into the width of this blog....
- [The Lion Sleeps Forever](https://ipattorneyfirm.com/the-lion-sleeps-forever/) - George David Weiss of The Tokens, the group that brought The Lion Sleeps Tonight to worldwide fame, died yesterday.
- [<em>Salinger v. Colting</em> Is Making Its Impact](https://ipattorneyfirm.com/salinger-v-colting-is-making-its-impact/) - This case is about copyright and the burden of proof to obtain an injunction in the Second Circuit. Up until this case came down in April 2010, the courts in the Second Circuit held just about automatically that a preliminary injunction should be granted when a copyright holder claimed irreparable damage. This is one of
- [Copyright Law Turns 300 Years Old](https://ipattorneyfirm.com/copyright-law-turns-300-years-old/) - Copyright turns 300 - Boing Boing. The Statute of Anne, the first modern copyright law, is now 300 years old. The Statute of Anne is the precursor of the copyright law as it exists today in the US and in Great Britain today, although those two progeny sets of law differ in several of their
- [Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co., Fed. Cir., No. 2008-1248, 3/22/2010.](https://ipattorneyfirm.com/ariad-pharmaceuticals-inc-v-eli-lilly-and-co-fed-cir-no-2008-1248-3222010/) - From the American Intellectual Property Law Association's website: "Section 112, first paragraph of the Patent Act requires that a patent specification not only describe the manner of making and using a claimed invention, but also separately requires a written description of the claimed invention itself, the en banc Federal Circuit held March 22, 2010, in
- [Viacom v. YouTube](https://ipattorneyfirm.com/viacom-v-youtube/) - Analysis Of Google And Viacom's Arguments Over YouTube: A Lot Of He Said/She Said | Techdirt is a nice analysis of the Viacom v. Google copyright infringement suit as it currently stands. The article leans heavily toward Google's side of the argument. Viacom vs. YouTube Unsealed! YouTube's Steve Chen on Copyrighted Content: 'Steal It!' is
- [SEB, S.A. v. Montgomery Ward & Co, Inc.](https://ipattorneyfirm.com/seb-s-a-v-montgomery-ward-co-inc/) - There's a new patent infringement case in effect now. In SEB, S.A. v. Montgomery Ward & Co., Inc., the Federal Circuit held that the “knowledge-of-the-patent” requirement for proving inducement of patent infringement can be satisfied by a showing of “deliberate indifference” on the part of the accused infringer, such as when the accused infringer copies
- [USPTO Pilots Program to Accelerate the Patent Process for Small Entity Inventors, USPTO Press Release, 09-26](https://ipattorneyfirm.com/uspto-pilots-program-to-accelerate-the-patent-process-for-small-entity-inventors-uspto-press-release-09-26/) - Backlog Reduction for Small Entity Inventors Pilot Will Allow Small Entities to Gain Advancement for a Pending Application In Exchange for Abandoning Another Application. Now isn't this interesting. If a small inventor (presumably this means someone who can legitimately click "SMALL ENTITY" on the patent application forms) abandons one application, they can get another application
- [Taxing the Internet](https://ipattorneyfirm.com/taxing-the-internet/) - The US Supreme Court yesterday (25 January 2010) decided Hemi Group, LLC v. City of New York,, ___ US ___ (2010). (The link goes to the slip opinion of the Court, which is a .pdf). Hemi Group sells cigarettes over the internet. They are based in New Mexico, well outside of the usual jurisdictional reach
- [Chinese search engine Baidu sues Register.com](https://ipattorneyfirm.com/chinese-search-engine-baidu-sues-register-com/) - ...for allowing cyberterrorism against it. Evidently, hackers got into the baidu.com website and posted an Iranian flag and a broken Star of David. Baidu claims that this damaged its reputation in the world marketplace, and perhaps it did. It's going to be interesting watching this battle. Is Register.com responsible for the activities of the hackers?
- [Twitter Weekly Updates for 2010-01-10](https://ipattorneyfirm.com/twitter-weekly-updates-for-2010-01-10/) - RT @tweetmeme Geopocketing- When Twitter Gets Cool Again http://ff.im/-dRY6C. Nothing to do with law, but excellent suggestion for Twitter.. # Powered by Twitter Tools
- [Twitter Weekly Updates for 2010-01-03](https://ipattorneyfirm.com/twitter-weekly-updates-for-2010-01-03/) - Happy New Year to one and all! The USSCt heard the Bilski arguments in Nov, so stay tuned for info on the efficacy of biz method patents.... # Powered by Twitter Tools
- [Microsoft Can't Sell Windows in China](https://ipattorneyfirm.com/microsoftviolateschineseip/) - According to PC World, a Chinese court has ruled that WIndows violates a Chinese company's IP rights. Of course, China, where somewhere around 80% of electronic materials such as computer software, movies and DVDs, and other media are pirated copies, shouldn't complain. The problem is over the interpretation of a licensing agreement between Microsoft and
- [Google - in French](https://ipattorneyfirm.com/google-in-french/) - Trademarks are always adjectives. That is the first thing I learned in trademarks class in law school. Take that as a given. Trademarks are always adjectives. By corollary then, trademarks are never verbs. Enter GOOGLE®. GOOGLE is a search engine that prowls the internet and Finds Things with reasonable efficiency, and it is very popular.
- [Twitter Weekly Updates for 2009-10-18](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-10-18/) - USPTO's 14th Annual Independent Inventors' conference scheduled in Alexandria, VA. Worth attending, inventors!! http://tinyurl.com/yzajolb # RT @nansen Verified. WARNING do NOT open tweets/DMs saying 'ur in this vid' or check out video.It's phishing scam to STEAL your password! # Powered by Twitter Tools.
- [14th Annual Independent Inventors Conference](https://ipattorneyfirm.com/14th-annual-independent-inventors-conference/) - 14th Annual Independent Inventors Conference. It will be held at the USPTO on November 5-6, 2009. The cost of registration is $120.00, which covers both days. If you are an inventor, independent or not, this conference is worth attending. No better place to get information than straight from the horse's mouth, and, in this case,
- ["First-to-file" rule being looked at by Senate - to decrease the patent application backlog??](https://ipattorneyfirm.com/first-to-file-rule/) - According to the Wall St. Journal today: ----------------- "Although the office has traditionally operated with a backlog, the pile has increased in recent years. Even though there has been a drop-off in applications during the recession, it hasn't helped examiners catch up. One reason is that overtime has been cut, so examiners spend fewer hours
- [Twitter Weekly Updates for 2009-09-20](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-09-20/) - I'm looking for a med mal plaintiff's atty in upstate NY to take on two hospitals & several doctors who screwed up badly. Any suggestions? # Powered by Twitter Tools.
- [2008 National Medal of Technology and Innovation Awardees Announced](https://ipattorneyfirm.com/2008-national-medal-of-technology-and-innovation-awardees-announced/) - Click here for the story ... "The 2008 National Medal of Technology and Innovation winners are: •Dr. Forrest M. Bird for his pioneering work in the field of respiratory and cardiopulmonary care including the revolutionary BABYBird®. This device dramatically reduced the infant respiratory failure mortality rate from approximately 70 percent to 10 percent. His more
- [Supreme Court Justice Sonia Sotomayor gets feisty on big bench debut](https://ipattorneyfirm.com/supreme-court-justice-sonia-sotomayor-gets-feisty-on-big-bench-debut/) - Supreme Court Justice Sonia Sotomayor gets feisty on big bench debut. It's always fun to watch what the Nine Wise Ones are doing, but if this is "feisty," the reporter who wrote this piece hasn't seen many oral arguments before any appellate court, let alone the US Supreme Court. Justice Sotomayer, the newbie Justice and
- [Disney to Buy Marvel for $4 Billion - ABC News](https://ipattorneyfirm.com/disney-to-buy-marvel-for-4-billion-abc-news/) - Disney to Buy Marvel for $4 Billion - ABC News. Wow. Just wow. Disney is already among the biggest entertainment businesses in the world, what with the movies and the theme parks and the hotel properties and the Broadway shows and all the rest of it. I believe they even have an inroad in the
- [Twitter Weekly Updates for 2009-08-31](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-08-31/) - RT @tweetmeme Community Can Be SO Powerful http://bit.ly/K0Gl5 I don't usually RT stuff from my marketing contacts, but this is REALLY GOOD. # RT @ChrisBellNZ Those accused of breaking copyright will have internet connections cut off under new laws proposed by UK gov't bit.ly/4i229K # RT @GeekforWii NWFanboy Nintendo, Hillcrest Labs settle patent infringement case:
- [UPDATE: Microsoft Appeals Word Patent-Injunction Case - WSJ.com](https://ipattorneyfirm.com/update-microsoft-appeals-word-patent-injunction-case-wsj-com/) - The link for the video, in case it doesn't show up, is here. UPDATE: Microsoft Appeals Word Patent-Injunction Case - WSJ.com. As well they should. Watch for the case to get argued before and decided by the US Court of Appeals for the Federal Circuit, which holds exclusive jurisdiction over patent cases. The district judge's
- [Twitter Weekly Updates for 2009-08-23](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-08-23/) - http://twitpic.com/ektgb - My daughter, the adrenaline junkie, falls from the heavens. Of course, I know she's heavenly, but this?? # Powered by Twitter Tools.
- [Microsoft Faces Permanent Injunction against Selling Word | BNET Technology Blog | BNET](https://ipattorneyfirm.com/microsoft-faces-permanent-injunction-against-selling-word-bnet-technology-blog-bnet/) - Microsoft Faces Permanent Injunction against Selling Word | BNET Technology Blog | BNET. The universe just heaved. Any version of Microsoft Word that reads XML files will have to be pulled from the shelves within 60 days, based on a permanent injunction out of the patent litigation "rocket docket" court, the US District Court for
- [Twitter Weekly Updates for 2009-08-09](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-08-09/) - http://bit.ly/wfQzO via @addthis my JDSupra profile, which probably constitutes attorney advertising. # One reason NOT to visit the peer-to-peer sharing sites; it's WAY cheaper just to buy the legal copies. http://tinyurl.com/lpgd8q # Gucci ladies are permanently enjoined from using their own name as the brand for their clothing/accessories line. http://tinyurl.com/mztbuv # Powered by Twitter Tools.
- [Relatives barred from using Gucci brand name in U.S. | Reuters](https://ipattorneyfirm.com/relatives-barred-from-using-gucci-brand-name-in-u-s-reuters/) - Relatives barred from using Gucci brand name in U.S. | Reuters. It's not like names provide the strongest marks in the world; in fact, generally speaking, a name mark is on the weaker side. Unless it's famous. The Gucci® name is a famous brand. You hear it, you think of the high-end clothing and accessories
- [Twitter Weekly Updates for 2009-08-02](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-08-02/) - I'm going w/my SO to Boston Red Sox @ Baltimore Orioles in Baltimore on Sep 19 w/ seats ON THE FIELD RIGHT NEXT TO the Red Sox dugout!! # Powered by Twitter Tools.
- [Twitter Weekly Updates for 2009-07-27](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-07-27/) - RT @newward RT @paulhelmick: new startup Printcasting lets you create your own self-serve magazine - NYTimes.com http://bit.ly/18P6kl # RT @nytimes In case you missed it: Total solar eclipse. Photos: http://bit.ly/25TK8F Blog: http://bit.ly/BieGu # RT @USMSOffice USPTO Peer to Patent Process has stopped receiving applications http://www.peertopatent.org/ # Official IP & business law blog of Delain Law
- [Daisy Baker’s subject of copyright lawsuit: From Business Review Albany, NY](https://ipattorneyfirm.com/daisy-baker’s-subject-of-copyright-lawsuit-from-business-review-albany-ny/) - Daisy Baker’s subject of lawsuit - The Business Review Albany: . I keep telling people that COPYRIGHT LAW HAS TEETH. This is an example of those teeth. The plaintiff, copyright holder ASCAP, is going after Daisy Baker's, which is a business local to me (well, sort of local...the next city over), for allowing performance of
- [Bailouts could cost U.S. 23.7 TRILLION dollars](https://ipattorneyfirm.com/bailouts-could-cost-u-s-23-7-trillion-dollars/) - via Bailouts could cost U.S. $23 trillion - Eamon Javers - POLITICO.com. Twenty-three trillion seven hundred billion dollars. $23,700,000,000,000. Get a load of that number. It's incomprehensibly huge. According to the cited article, if a government spent $1 million per day going back to the birth of Christ — um, that's over 2000 years —
- [Twitter Weekly Updates for 2009-07-19](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-07-19/) - As if anyone cares, but I joined twitter 658 days ago - http://whendidyoujointwitter.com ? # Powered by Twitter Tools.
- [Canada's looking at new copyright laws](https://ipattorneyfirm.com/canadas-looking-at-new-copyright-laws/) - Canada set to try again on new copyright law - washingtonpost.com. Now, isn't this interesting. Canadian lawmakers realize that the current copyright laws are — um — outdated, pre-internet, pre-P2P, pre-very-easy-download, and they're looking to do something about their own law. The US regularly updates its copyright laws, but the US, so far, has laws
- [Walter Cronkite](https://ipattorneyfirm.com/walter-cronkite/) - With the rest of the world, Delain Law Office mourns the passing of newscaster Walter Cronkite. When I was a child, I remember listening to the news with my parents. There was Huntley/Brinkley and there was Walter Cronkite. Cronkite was my favorite, even at the tender age of 4. When I was 7, I listened
- [Scoff at copyright law at your peril...](https://ipattorneyfirm.com/scoff-at-copyright-law-at-your-peril/) - More trouble ahead for copyright scofflaws - Ask the Editors | Tri-City Herald : Mid-Columbia news . The RIAA cases may have ground to a slow halt, but that does not mean that the copyright laws are to be ignored. The Associated Press v. All Headline News case in New York settled with an undisclosed
- [Twitter Weekly Updates for 2009-07-12](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-07-12/) - Twitter is trying to get a trademark on TWEET - a noun. That's just WRONG. http://tinyurl.com/mry6ub # RT @nytimes Google Plans to Introduce a PC Operating System http://bit.ly/Gucqn Let the Microsoft-Google war begin! Should be interesting... # Dist. Ct. in CA has quashed patent because of Bilsky. Patent owner will, of course, appeal. Let Bilsky
- [In re Bilski is Good Law Until the US Supreme Court Says Otherwise (Article - WSJ.com)](https://ipattorneyfirm.com/in-re-bilski-is-good-law-until-the-us-supreme-court-says-otherwise-article-wsj-com/) - Article - WSJ.com. Subscription required after WSJ takes this article off the free space on its site. In re Bilski is being applied as it waits for its hearing before the US Supreme Court in the fall as Bilski v. Doll. A Ninth Circuit district court judge ruled a business method patent invalid based on
- [Twitter attempts to trademark the term tweet](https://ipattorneyfirm.com/twitter-attempts-to-trademark-the-term-tweet/) - Twitter attempts to trademark the term TWEET. Huh. Twitter wants to register TWEET as a mark, but they're planning to peaceably coexist with those who use the mark in the same commercial space as Twitter does. First of all, they haven't been using TWEET as a mark. TWEET, in the Twitter world, is a noun;
- [Twitter Weekly Updates for 2009-07-05](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-07-05/) - Twitter may have a tough time with getting trademark registration for TWEET - is TWEET generic? http://tinyurl.com/m4kjmn # US Dept. of Justice officially opening antitrust investigation into Google Book Search http://tinyurl.com/kuezjp # I just took the "Which Harry Potter Character Are You?" quiz and got: Remus Lupin! Try it: http://bit.ly/lr50G # Powered by Twitter Tools.
- [In re Bilski again](https://ipattorneyfirm.com/in-re-bilski-again/) - The US Supreme Court has granted cert on In re Bilski (now styled Bilski v. Doll). The case is now pending before the Nine Wise Ones. Here are the court filings (from the point of view of the USPTO). Bilski, as you recall, requires that business method patents have some sort of "transformative" characteristic —
- [Oops, iPhone Trademark Already Taken In China AAPL](https://ipattorneyfirm.com/oops-iphone-trademark-already-taken-in-china-aapl/) - Oops, iPhone Trademark Already Taken In China AAPL. THIS is why a trademark search is important BEFORE you invest $millions into branding your product. If you intend to market internationally, get the trademark search done in every country that you intend to market in. And search to register in the correct category or categories.... iPhone
- [Twitter Weekly Updates for 2009-06-28](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-06-28/) - http://tinyurl.com/mjrvqt Ed McMahon died. That's the passing of an epoch there. RIP, Ed. # RT @newward New blog post: Woman fined to tune of $1.9 million for illegal downloads - CNN.com http://bit.ly/cDisL Copyright Law Has Teeth!! # RT @fredabramson RT @AndyBarovick: Schumer introduces bill to allow members of military to sue for medical malpractice. http://bit.ly/6Mxk8
- [U.S. patent office shortfall worsens: official | Politics | Reuters](https://ipattorneyfirm.com/us-patent-office-shortfall-worsens-official-politics-reuters/) - U.S. patent office shortfall worsens: official | Politics | Reuters . Awww...poor babies. They're collecting "just" $5.9 million per day (yep, you read right) in fee-based revenue and they're not happy. Damn. Let's do the math. $5.9 million/day times 365 days/year ... that's $2,153,500,000 per year. Not bad. Of course, they're down from $6.9 million
- [Woman fined to tune of $1.9 million for illegal downloads - CNN.com](https://ipattorneyfirm.com/woman-fined-to-tune-of-19-million-for-illegal-downloads-cnncom/) - Woman fined to tune of $1.9 million for illegal downloads - CNN.com. Hey, those RIAA copyright suits are still out there ... and copyright still has TEETH. $1.9 million for a few $0.99 songs. And It Can Happen To You....
- [Ain't No Plagiarism in Harry Potter Says Publisher - Yahoo News](https://ipattorneyfirm.com/aint-no-plagiarism-in-harry-potter-says-publisher-yahoo-news/) - Ain't No Plagiarism in Harry Potter Says Publisher - Yahoo News. Hmm. Copyright infringement and plagiarism seems to be coming out of my ears these days. Here the plagiarism, if found, would be for the general plot line. Harry Potter fought in the Triwizard Tournament and rode the Hogwarts Express (a train); the claimant's wizard
- [Twitter Weekly Updates for 2009-06-15](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-06-15/) - I just joined the LawLink Twitter Forum. To join visit: http://www.lawlink.com/twitter # Powered by Twitter Tools.
- [Justice Dept. Seeks Details On Google Deal - washingtonpost.com](https://ipattorneyfirm.com/justice-dept-seeks-details-on-google-deal-washingtonpostcom/) - Justice Dept. Seeks Details On Google Deal - washingtonpost.com. After several years of fighting a large copyright issue, the GOOGLE v. Publishers and Authors suit settled out for about $125 million. The deal they struck is that GOOGLE gets to continue putting together its online library and the publishers and authors go away compensated for
- [New top-level domains could cause .trademark chaos](https://ipattorneyfirm.com/new-top-level-domains-could-cause-trademark-chaos/) - New top-level domains could cause .trademark chaos | Media | guardian.co.uk . ICANN is planning to do something very strange next year. We're all used to .com, .net, .info and the rest of the top-level domains ("TLD") by now. Well, watch out, world — here come the branded TLDs!! We'll soon see .ibm, .3m, .delain-law-office.
- [Twitter Weekly Updates for 2009-05-31](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-05-31/) - Living Well http://networkedblogs.com/p5441487 Listen up, Lawyers and others. Good stuff here. Pay attention as you walk down those stairs!! # Powered by Twitter Tools.
- [Small world...](https://ipattorneyfirm.com/small-world/) - If the YouTube embedded video does not show up, here's the URL. The Rule of Six never ceases to amaze me. You know, the one that says that there are only six degrees of separation between every living human being on the planet. Shortly after I posted the new US Supreme Court nominee mention, I
- [Sotomayor nominated to high court](https://ipattorneyfirm.com/sotomayor-nominated-to-high-court/) - Sonia Sotomayor nominated to high court — first Hispanic - Yahoo News. So. US Supreme Court Justice David Souter has a potential successor. A female, brainy, bipartisan appellate judge (who was first appointed to the federal bench by President Bush I and appointed to the federal appellate bench by President Clinton) with lots of judicial
- [Twitter Weekly Updates for 2009-05-24](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-05-24/) - RT @IP_Updates Boldrin's “Against IP” condemns monopoly profits generated thru copyright & patent http://is.gd/AY4 . Hm. I disagree w/ that. # Aaron Greenspan, FaceBook.com settle their trademark dispute ... perhaps not amicably? http://tinyurl.com/qee3r4 This is a kick in the tail. # Powered by Twitter Tools.
- [Twitter Weekly Updates for 2009-05-17](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-05-17/) - waiting for a client, then for a friend and a lovely dinner this evening.... # Powered by Twitter Tools.
- [Are you dead? Your IP isn't](https://ipattorneyfirm.com/are-you-dead-your-ip-isnt/) - Albert Einstein, who died in 1955, earned $18 million last year. Charles M. Schulz, whose PEANUTS characters live on in syndicated reprints, earned even more. Ted Geisel, who will live forever in his timeless Cat in the Hat and Lorax and Sneetches and wacky machinery, earned more yet. We all know you can't take it
- [Twitter Weekly Updates for 2009-05-03](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-05-03/) - http://tinyurl.com/c59j6k McDonald's loses TM infringemt in Malaysia-"Mc" ok for eatery use with no misrep. to public. Don't try this in US. # RT @IP_UpdatesBPAI Judges Get Patent Attorney Clerks-http://is.gd/vhMz # RT @jerell BREAKING NEWS: Supreme Court Justice David Souter to retire at the end of the current term http://go.twittertruth.com/... # Powered by Twitter Tools.
- [McDonald's loses trademark battle in Malaysia](https://ipattorneyfirm.com/mcdonalds-loses-trademark-battle-in-malaysia/) - McDonald's loses trademark battle in Malaysia -- chicagotribune.com. Bad news for the home of the Big Mac. As described in this article from the Chicago Tribune, Malaysia does not view "Mc..." as associated with restaurants and food as a prefix to the intellectual property of McDonald's Corporation. Unlike the United States, which forced the
- [Twitter Weekly Updates for 2009-04-27](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-04-27/) - RT @DebraTuomey http://bit.ly/eDOKo Ninth Circuit Denies YouTube's Bid to Revive Tur Case # Powered by Twitter Tools.
- [Is online piracy a good thing? - CNN.com](https://ipattorneyfirm.com/is-online-piracy-a-good-thing-cnncom/) - Is online piracy a good thing? - CNN.com. There has been raging a huge copyright case in Sweden. The trial phase of that case is now over, and four people are in jail for online piracy. Obviously, I, a copyright lawyer, think that piracy of copyrighted materials is a bad thing. That does not say
- [14yr old girl is missing](https://ipattorneyfirm.com/14yr-old-girl-is-missing/) - UPDATE: This kid is found and home, safe and sound, thanks to the Internet. Now for the nearly 800,000 others that go missing every year. 14yr old girl is missing….. This is entirely off-topic. However, the issue of missing and exploited children is important enough to make an off-topic post for. Every year, thousands of
- [Twitter Weekly Updates for 2009-04-05](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-04-05/) - Shaw Family Archives wins against Marilyn Monroe's estate over © v right of publicity in SDNY Local Counsel = me http://tinyurl.com/cpow8p # GOOGLE removed some pix under UK law; wonder what US matrim law will have to say? RT @JamesRivers GOOGLE CATCHES CHEATER http://is.gd/pKXe # Gotta laugh; that's the only way through this one RT
- [Rescuecom v. Google keyword trademark case remanded](https://ipattorneyfirm.com/rescuecom-v-google-keyword-trademark-case-remanded/) - Law.com - 2nd Circuit: Google Must Face Trademark Suit Involving Keyword Ads. ® ™ Seems Google, Inc. will have to face the trademark-infringement lawsuit music after all. In a unanimous decision, the Second Circuit's three-judge panel (Judges Leval, Calabresi and Wesley sitting) reversed the US District Court for the Northern District of New York (NDNY),
- [Twitter Weekly Updates for 2009-03-30](https://ipattorneyfirm.com/twitter-weekly-updates-for-2009-03-30/) - RT @CopyrightLaw “Court Finds Another State Entity Immune From the Copyright Law." What good is that??? http://tinyurl.com/ddymu7 # RT @timbrissonPatent peeps: Last wk in DC, examiner told Tim to BE SURE he makes clear where/how software code is running to avoid §101 rej. # Getting ready to give 2/5 of a full-day legal writing seminar
- [SIPO reports dramatic increase in patent applications for 2008](https://ipattorneyfirm.com/chinese-ip-office/) - I met Lynn Wang, a Chinese IP attorney who works in California, at a NYS Bar Association Intellectual Property Section meeting at Lake George's Sagamore Resort a couple of years ago. Since that time, I've gotten weekly updates from her on the status of IP law in China. Her latest tells me: "According to the
- [Mummies...](https://ipattorneyfirm.com/mummies/) - If mummies ran the world, the world would likely: have fewer wars (no mummy wants to lose her precious baby to some wartime accident); have a balanced budget (no mummy lets the household spending get ahead of where the family is financially, and a mummy knows EXACTLY where that is -- down to the halfpence,
- [Plaintiffs file for writ of certiorari: In re Ciprofloxacin Hydrochloride Antitrust Litigation](https://ipattorneyfirm.com/cipro-antitrust-case-cafc/) - On March 23, the plaintiffs filed a petition for certiorari in the Cipro litigation seeking review of the Federal Circuit's decision in In re Ciprofloxacin Hydrochloride Antitrust Litigation, 544 F.3d 1323 (Fed. Cir. 2008). The antitrust case involves so-called "reverse payment" settlements of patent infringement cases between innovator and generic pharmaceutical manufacturers under the Hatch-Waxman
- [Tesla, Awaiting U.S. Aid, Unveils Its Electric Car - NYTimes.com](https://ipattorneyfirm.com/tesla-awaiting-us-aid-unveils-its-electric-car-nytimescom/) - Tesla, Awaiting U.S. Aid, Unveils Its Electric Car - NYTimes.com. (subscription required) A Silicon Valley startup, called Tesla Motors (can't help but notice the similarity in name to Nicola Tesla, the inventor of the radio ... any relation?), has a fully electric sedan that they're itching to build. They can't get their design past the
- [The Top 10 Worst Inventions in History](https://ipattorneyfirm.com/the-top-10-worst-inventions-in-history/) - FOXNews.com - A Century of Disasters: The Top 10 Worst Inventions in History. They say necessity is the mother of invention. I'm not quite sure what "necessity" leads to the evidently patentable invention of a cat wig, the blue version modeled in this article by a Russian Blue who looks remarkably like my kittycat, but
- [60% of older workers are postponing retirement](https://ipattorneyfirm.com/60-of-older-workers-are-postponing-retirement/) - CareerBuilder conducted a survey wherein they asked older workers about retirement plans. Retirement? What's that? The economic downturn prevents 60% of people who want to retire — who have worked and scrimped and saved their whole lives long in hopes of living the good life — from leaving the work force. There are
- [CAFC hands down its opinion in Tafas v. Doll rulemaking case](https://ipattorneyfirm.com/tafas-v-doll-decision/) - Tafas et al. v. Doll was handed down from the US Court of Appeals for the Federal Circuit (CAFC) yesterday (to read this file, you will need Adobe's Acrobat Reader). This case came about when the USPTO decided a couple of years ago that it wants the patent applicant to take on the burden of
- [United States Supreme Court Grants Cert to Decide Significance Of Copyright Registrations](https://ipattorneyfirm.com/united-states-supreme-court-grants-cert-to-decide-significance-of-copyright-registrations/) - United States Supreme Court Grants Certiorari To Decide Significance Of Copyright Registrations Wow... Of course, if you apply to the Copyright Office for special handling and use the words "ongoing infringement," they will bring your application to the top of the pile and get the registration, if granted, to you in a few days or
- [Copyright Office will change its fees in July](https://ipattorneyfirm.com/copyright-office-will-change-its-fees-in-july/) - Don't file a copyright registration application on paper after they do, either. It will be pricey as all get out. Their online registration fee remains $35.00.
- [The USPTO's Website](https://ipattorneyfirm.com/uspto-website/) - Found at www.uspto.gov , the United States Patent and Trademark Office's website provides its users with a huge amount of information about the Office and about patents and trademarks. The site includes search engines for: Issued patents (text entries from 1976, scanned entries before that) Published patent applications (from 2001) Trademarks - registered and applied-for
- [The Magic Numbers of Lou Costello](https://ipattorneyfirm.com/the-magic-numbers-of-lou-costello/) - Here is what must have gone on in the mortgage banking boardrooms. There really is no other excuse for what is going on with this economy.... If the video doesn't show up, the URL is here.
- [PCT Signs 140th Member Country](https://ipattorneyfirm.com/pct-signs-140th-member-country/) - WIPO-Administered Treaties. It hasn't even been added to the list on the internet as of this writing, but Chile has deposited its instrument of accession to the Patent Cooperation Treaty (PCT) with the World Intellectual Property Organization (WIPO), the administrator of the PCT, and will become the 140th PCT Contracting State. The PCT will enter into
- [Sidebar - Finding the Facts of a Case Via Video - Series - NYTimes.com](https://ipattorneyfirm.com/appellate-video-factfinding/) - Sidebar - Finding the Facts of a Case Via Video - Series - NYTimes.com. The US Supreme Court has accepted a YouTube video as a citation in a case. This must have been tough for the Nine Wise Ones. They are very accustomed to musty old books filled with the pronouncements of dead judges being
- [The Kingdom of Spain Ratifies the Singapore Treaty](https://ipattorneyfirm.com/the-kingdom-of-spain-ratifies-the-singapore-treaty/) - Singapore Treaty Ratification by the Kingdom of Spain. Spain has agreed to join the list of nations that has signed the Singapore Treaty; the treaty will enter into force in Spain on 18 May 2009. The list of signatories to this important treaty regarding trademarks is below, along with the current status of the treaty
- [Jury Maintains Legality of Pay-Per-Click Bids on Trademarks](https://ipattorneyfirm.com/jury-maintains-legality-of-pay-per-click-bids-on-trademarks/) - Jury Maintains Legality of Pay-Per-Click Bids on Trademarks. Huh. It seems that a jury in the US District Court for the Western District of Texas ("WDTX") has rejected the argument that pay-per-click ("PPC") bidding on registered trademarks constitutes trademark infringement. In The College Network, Inc. v. Moore Educational Publishing, Inc., WDTX Docket No. A-07-Ca-615-LY,
- [The Credit Crisis, visually represented](https://ipattorneyfirm.com/the-credit-crisis-visually-represented/) - The Crisis of Credit Visualized, Part 1 The Crisis of Credit Visualized, Part 2 These two videos are a good representation/explanation of how we got where we are today. They were posted on YouTube by graphixmdp last week. I post them here because the economy stinks right now and I think it's important for everyone
- ["It's all about IP," says Hazel](https://ipattorneyfirm.com/sweethaze/) - Sweet Hazel Like Hazel says, "It's all about IP." This video was posted by CiscoSP360 on YouTube. It looks like it's part of Cisco's marketing of their new 4G mobile devices (cell phones and supporting infrastructure); I post the link here because this video (a) is a hoot, (b) is short, and (c) talks about the
- [Nominees Sought for National Medal of Technology and Innovation (deadline is 29 May 2009)](https://ipattorneyfirm.com/nominees-sought-for-national-medal-of-technology-and-innovation-deadline-is-29-may-2009/) - Nomination Guidelines. According to the USPTO's website: "The United States Patent and Trademark Office (USPTO) is seeking nominations for the nation’s highest honor for technological achievement. The USPTO administers the NMTI program on behalf of the Secretary of Commerce. The deadline for nominations is May 29, 2009. "The nominations can be made for an individual,
- [It's only just begun...](https://ipattorneyfirm.com/its-only-just-begun/) - Recession Worst in Three Decades - Bloomberg. The Economy. The downturn we're seeing right now is likely to be only the beginning of what could well be a multi-year depression. People are losing jobs by the millions (time to go into business for themselves?) and the economy as a whole is predicted
- [National Inventors Hall of Fame - 2009 Inductees](https://ipattorneyfirm.com/national-inventors-hall-of-fame-2009-inductees/) - NATIONAL INVENTORS HALL OF FAME ANNOUNCES 2009 INDUCTEES. OK, ladies. Take a look at this listing. See if our gender is ... um ... underrepresented. The one gender-ambiguous name is Jean Hoerni (1924-1997) ... and Jean was a he. I find the lack of women on the 2009 National Inventors Hall of Fame inductees' list
- [Facebook Repeals Copyright Plan - I4U News UK](https://ipattorneyfirm.com/facebook-repeals-copyright-plan-i4u-news-uk/) - Facebook Repeals Copyright Plan - I4U News UK. The Public Has Spoken. Facebook put new Terms of Service into effect on its website a couple of weeks ago. Those terms basically said that Facebook has a royalty-free license forevermore to use for any purpose anything that any user posts on the site. The users roared
- [Apple: iPhone jailbreaking violates our copyright | Apple - CNET News](https://ipattorneyfirm.com/apple-iphone-jailbreaking-violates-our-copyright-apple-cnet-news/) - Apple: iPhone jailbreaking violates our copyright | Apple - CNET News. Apple may be making a large mistake. While the debate itself — whether "jailbreaking," or enabling an iPhone to accept and use non-Apple apps, is copyright infringement — is intellectually interesting, at the end of the day Apple's insistence that jailbreaking constitutes infringement could
- [The Obama Image](https://ipattorneyfirm.com/the-obama-image/) - No, I'm not going off-topic again; I've gotten over it. We've all seen the image of President Obama, and by now we all know where that image came from — a photo taken by AP photographer Mannie Garcia in 2006, munged into the Hope poster by Shepard Fairey and used throughout the Obama
- [Microsoft Wins 10,000th Patent](https://ipattorneyfirm.com/microsoft-wins-10000th-patent/) - Microsoft Wins 10,000th Patent - Channel News by CRN and VARBusiness. US Patent No. 7,479,950, issued to Microsoft, applies to Surface tabletop computing technology, which provides instant access to digital information in a novel, useful and nonobvious way, the goal being to make interactions between the physical and virtual worlds more seamless. Microsoft is famous for
- [The rise and almost fall of America's banks - Yahoo News](https://ipattorneyfirm.com/risealmostfallamericasbanks/) - The rise and almost fall of America's banks - Yahoo News. This is scary. The lifeblood of the economy is businesses borrowing money. But banks are not lending money any longer, to anyone. They are holding onto money with fists tighter than a python's hug. Thus, the economy slows and grinds to a halt. Jobs
- [How do I choose a patent attorney or agent?](https://ipattorneyfirm.com/how-do-i-choose-a-patent-attorney-or-agent/) - How do I choose a patent attorney?. This is a nice article on how to choose a patent attorney. Patent agents should be considered here, too (a patent agent, fyi, is an individual, not an attorney, who has been admitted to practice before the US Patent & Trademark Office). Patent attorneys (or agents) are not
- [You Think U.S. Copyright Law is Bad? | PlagiarismToday](https://ipattorneyfirm.com/copyright-law-not-so-bad/) - You Think U.S. Copyright Law is Bad? | PlagiarismToday. Well, I guess friends can agree to disagree. I disagree with the first paragraph of the article in this link. I must clarify, though, that I absolutely agree that the general conclusion is that US copyright law is probably among the best and most fair copyright
- [Kids face summary trials for copyright violations - INSIDE JoongAng Daily](https://ipattorneyfirm.com/kids-face-summary-trials-for-copyright-violations-inside-joongang-daily/) - Kids face summary trials for copyright violations - INSIDE JoongAng Daily. Relax, United States. This is from Korea. Or, better, don't relax. The law in the US takes the owner of the internet account to task for infringements made under that main account; the music industry, for example, regularly sues the parents of children in
- [Patent Lens Home](https://ipattorneyfirm.com/patent-lens-home/) - Patent Lens Home. Patent searching is an art. This is one spot that touts its search engine for patents worldwide. Different parts of the world have different patent laws; the page contains links to explanations of patent rights in different parts of the world. The site promotes "[t]ransparency of the worldwide patent system [as] an
- [Exit the Boy King](https://ipattorneyfirm.com/exit-the-boy-king/) - Op-Ed Columnist - Exit the Boy King - NYTimes.com. You'll need to register (for free) at www.NYTimes.com to view this. I do like Maureen Dowd. She so very consistently tells Those In Power what to do with themselves. And this, I promise, will be my last off-topic posting. At least until the next Major Historical
- [Patent office rejects subdomain patent claims - CNET News](https://ipattorneyfirm.com/subdomainclaimsrejection/) - Patent office rejects subdomain patent claims - CNET News. Well, isn't this interesting. The subdomains claimed in patent no. 6,687,746 are rejected as obvious by the USPTO in a third-party re-exam of the patent. I do note that this rejection is not a final office action. The patentee has some time to respond to it
- [It's a new day...](https://ipattorneyfirm.com/its-a-new-day/) - ...for the USA today. The Bushes are back in Texas and the Obamas have moved into 1600 Pennsylvania Avenue. This new President is an innovator. His Day of Service yesterday was something that I have never seen an incoming president do, and I must say, I like the precedent. Under an innovative president comes an
- [Martin Luther King Day on the Advent of Barack Obama's Presidency](https://ipattorneyfirm.com/mlkingdayobamapresidency/) - Today, we remember the contributions of Rev. Dr. Martin Luther King, Jr. to the American people, and especially to the African-American people. His dream has inspired generations, and may have been realized, at least in part, in the 2008 Presidential election. Today, we eagerly look forward to the Presidency of Barack Obama. Mr. Obama is
- [World Copyright Treaty: Accession by the Republic of Tajikistan](https://ipattorneyfirm.com/world-copyright-treaty-accession-by-the-republic-of-tajikistan/) - World Copyright Treaty (WCT) Accession by the Republic of Tajikistan. The World Copyright Treaty was accessed by the Republic of Tajikistan on January 5, 2009 and will go into effect as to Tajikistan on April 5, 2009; the treaty was originally adopted on December 20, 1996. So what took the Republic of Tajikistan so long
- [Singapore Treaty on the Law of Trademarks to Enter into Force in 2009](https://ipattorneyfirm.com/singapore-treaty-on-the-law-of-trademarks-to-enter-into-force-in-2009/) - Singapore Treaty on the Law of Trademarks to Enter into Force in 2009. This is good news for trademark owners worldwide. The Singapore Treaty, administered by the World Intellectual Property Organization (WIPO), will open the way for the branded goods industry to register and manage trademark rights cost-effectively and efficiently. The treaty "... standardizes procedural aspects of
- [U.S. Copyright Office Online Services](https://ipattorneyfirm.com/us-copyright-office-online-services/) - U.S. Copyright Office - Online Services. From the US Copyright Office's online services page, you can file a copyright registration on the cheap ($10 less than filing on paper). Be absolutely certain, though, that you go through their educational materials before you file, though. This system is not intuitive.
- [Invention Convention](https://ipattorneyfirm.com/invention-convention/) - Get 'em while they're young.... I sit on a committee at the Schenectady Museum that deals with educating kids about invention and the inventive processes. My job is to go to schools and talk about invention with kids. Understand that these kids are mostly elementary age children, 4th and 5th graders (that's age 9-11 for
- [CAFC precedential case on patent claim construction](https://ipattorneyfirm.com/cafc-precedential-case-on-patent-claim-construction/) - Boston Scientific Scimed et al. v. Cordis Corp. et al., __ F.3d __ (CAFC 2009) This case, which deals with a drug-eluting stent that is implanted in a blood vessel to prop or widen the lumen of the vessel after a vascular incident, discusses the patent claim construction methodology used by the US District Courts.
- [The semester begins...](https://ipattorneyfirm.com/the-semester-begins/) - ...and along with it invariably arise questions about copyright fair use. Teachers claim "fair use" for making massive numbers of photocopies of articles, books, cartoons, and other copyrighted materials to pass out to their classes. They stand firm in their belief that all educational use is "fair use." What IS "fair use" under the copyright
- [Late-Night Infomercials](https://ipattorneyfirm.com/late-night-infomercials/) - Information About Some of the Late-Night Infomercial Companies. This link is why NOT to use the services of the late-night infomercials that tell you that your patent can be pending in as little as 24 hours and promise you the moon. A bona fide patent attorney or agent does not make promises about marketing your
- [Inventors Resources and Information](https://ipattorneyfirm.com/inventors-resources-and-information/) - USPTO's Resource's Page Inventors Resources and Information. This is a page from the US Patent & Trademark Office's ("USPTO") webpage that provides really, really good information about patents, the patenting process, and how to go about finding a patent attorney or agent, among other excellent tidbits of knowledge. In general, the USPTO's website, at www.uspto.gov,
- [How to Register a Copyright](https://ipattorneyfirm.com/how-to-register-a-copyright/) - U.S. Copyright Office - Online Services (eCO: Electronic Copyright Office). It's actually a very simple process, except that the Copyright Office has mashed its forms into one form and has not done anyone any favors in that revision. You fill out the form at the linked page, you write a check for $45.00 to the
- [The USPTO, NIHFF & Ad Council are inspiring invention](https://ipattorneyfirm.com/the-uspto-nihff-ad-council-are-inspiring-invention/) - Press Release, 08-41. This is so cool. A contest for inventive kids. Open to elementary, middle and high school kids, the "inspiring innovation" campaign, launched in 2007, is working at making invention and idea development a part of the everyday lives of American kids (and more power to them); the idea is to motivate kids
- [Jacobsen v. Katzer, from the US Court of Appeals for the Federal Circuit](https://ipattorneyfirm.com/jacobsen-v-katzer-altlaw/) - Jacobsen v. Katzer - AltLaw. This is a case from the US Court of Appeals for the Federal Circuit (which holds exclusive jurisdiction over patent appellate matters) that considers the intersection of copyright and licensing law. Is it possible for a copyright holder to dedicate certain work to free public use and yet enforce an A
- [Holiday Schedule](https://ipattorneyfirm.com/holiday-schedule/) - Delain Law Office observes certain holidays.
- [Days Off](https://ipattorneyfirm.com/days-off/) - This post contains scheduled days when I am not available for personal reasons (vacation, family time, etc.). It will be updated as appropriate.
- [Meetings](https://ipattorneyfirm.com/meetings/) - This post shows the meetings that I am scheduled to attend. I will be out of the office and unavailable by phone or email during these times. This page will be updated as appropriate.
- [Seminars and Speeches](https://ipattorneyfirm.com/seminars-and-speeches/) - Schedule of seminars and speeches I'm giving in 2009
- [New Year, New Blog Site](https://ipattorneyfirm.com/new-year-new-blog-site/) - Welcome to Delain Law Office's new blog site! You can still get to the former ipattorneyfirm blog site. That site is, however, inactive from here on out; new content will appear here rather than there. If you get to the former ipattorneyfirm's blog site from a link on the website, please email me with the URL of

## Pages

- [Do You Need Support From an Intellectual Property Lawyer?](https://ipattorneyfirm.com/) - Helping you Nurture Your Mind-Child® through protection & monetization of your intellectual property: your inventions, business goodwill, works of authorship
- [Accessibility Statement](https://ipattorneyfirm.com/accessibility-statement/) - Accessibility policies of Delain Law Office, PLLC, owner of IPAttorneyFirm.com, including how to enable our accessibility menu and other important information.
- [How to Meet With Us](https://ipattorneyfirm.com/appointments/) - This page provides the links for you to book your appointments with Delain Law Office, PLLC. It also describes our cancellation policy.
- [About Delain Law Office, PLLC](https://ipattorneyfirm.com/about/) - We are a boutique law firm concentrating in intellectual property law and business law.
- [Our Lawyer (and Patent Attorney)](https://ipattorneyfirm.com/nancy-delain/) - Attorney, Lawyer, Business Law, Intellectual Property, Patent, Trademark, Copyright, Trade Dress, Trade Secret, Contract, Delain Law Office, Nancy Baum Delain
- [Contact Us Today for Your Intellectual Property and Business Law Needs](https://ipattorneyfirm.com/contact/) - Contact information for Delain Law Office, PLLC and Nancy Baum Delain, Esq.
- [ATTORNEY ADVERTISING NY RULE 7.1 STATEMENT, PRIVACY POLICY, TERMS OF SERVICE, COOKIE POLICY, AND DISCLAIMER](https://ipattorneyfirm.com/attorney-advertising-2/) - Attorney advertising, lawyer advertising, NY Rules of Professional Responsibility, Rule 7.1, DR2-101(f), privacy policy, terms of service, cookie policy, disclaimer, Delain Law Office
- [Privacy Policy](https://ipattorneyfirm.com/privacy-policy/) - Please wait while the policy is loaded. If it does not load, please click here.
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- [Cookie Policy](https://ipattorneyfirm.com/cookie-policy/) - Please wait while the policy is loaded. If it does not load, please click here.
- [Business Formation and Protection](https://ipattorneyfirm.com/business-formation/) - New York recognizes four types of business entities: Sole proprietorship, also known as a "DBA," is the simplest business form to set up. It is registered at the county level. The prospective business owner must fill out a form and file it, with the required filing fee, with the County Clerk of the county wherein
- [Articles,  Publications, Presentations, and Podcast Guest Appearances](https://ipattorneyfirm.com/articles/) - Articles, Publications, Presentations, and Podcast Guest Appearances Nancy Baum Delain, Esq. Nancy Baum Delain regularly publishes articles in local, regional and national publications and speaks on topics that help clients register, protect and capitalize on intellectual property. Intellectual Property Audit (.pdf) Article published in the 12/2003 issue of Les Nouvelles, the flagship publication of the
- [IP Audit](https://ipattorneyfirm.com/ip-audit-2/) - To Schedule Half an Hour to Learn More About How We Can Help You, CLICK HERE This article was originally written for The Germeshausen Center Newsletter and published in the Winter 2003 edition. It was later expanded into its present form and appeared in Les Nouvelles, Vol. 38 No. 4 (December 2003) at page 193. That article has
- [Practice Areas](https://ipattorneyfirm.com/practice/) - Delain Law Office,patent,copyright,trademark,trade dress,trade secret,internet law,e-commerce,IP audit,bankruptcy,valuation,business formation,contracts,UCC
- [Resources](https://ipattorneyfirm.com/resources/) - Note that these links are provided to outside web sites. Delain Law Office has no control over the information provided on these sites. While we believe that they provide good information, we expressly refuse responsibility for their content, and refuse all liability, express or implied, for any action you may take based on the content
- [Training and Education](https://ipattorneyfirm.com/training-and-education/) - About Our Training Programs Delain Law Office, PLLC, with offices in the historic Stockade district of Schenectady, New York, operates, as a subsidiary to its law practice, a training division operated by Registered Patent Attorney Nancy Baum Delain. Nancy provides participants with both up-to-date legal knowledge and a practical and lucid approach to what can
- [Trademark and Service Mark](https://ipattorneyfirm.com/trademark-and-service-mark/) - Trademark practice, fanciful marks, arbitrary marks, suggestive marks, descriptive marks, generic marks
- [Presentations](https://ipattorneyfirm.com/presentations/) - This page provides access to presentations given by Nancy Baum Delain, Esq.
- [License](https://ipattorneyfirm.com/license/) - Delain Law Office, license, license agreement, license contract, intellectual property, patent, copyright, trademark,
- [IP Audit](https://ipattorneyfirm.com/ip-audit/) - Delain Law Office, intellectual property audit, IP audit, intellectual asset, intellectual property database, IP database, IP analysis, IP audit results
- [Franchise](https://ipattorneyfirm.com/franchise/) - Delain Law Office, franchise, franchisor, franchisee, trademark, license agreement, Federal Trade Commission, FTC, antitrust, law, regulation
- [Copyright](https://ipattorneyfirm.com/copyright/) - Delain Law Office, copyright, qualify for copyright, register copyright, copyright registration, remedies for copyright infringement,
- [Contracts](https://ipattorneyfirm.com/contracts/) - Delain Law Office, contract, contract law, form a contract, get out of contract, Statute of Frauds, Uniform Commercial Code, UCC, negotiation, drafting, enforce
- [Patent Law](https://ipattorneyfirm.com/patent-law/) - Delain Law Office,Patent,First to file,Best mode,America Invents Act,AIA,US patent,International patent,Trade secret, Police a patent, Patent rights
- [Representative Work](https://ipattorneyfirm.com/representative-work/) - Delain Law Office, Patent, Patent application, Litigation
- [Business Law](https://ipattorneyfirm.com/business-law/) - Delain Law Office, PLLC, a law firm concentrating in business law, is located in virtual space with a physical presence in Schenectady, New York. Using the statutes and case law of the business laws of the United States and the State of New York, we work with our selected clients to improve the quality of
- [Newsletters](https://ipattorneyfirm.com/newsletters/) - Delain Law Office, PLLC, an intellectual property law and business law firm located in Clifton Park, New York, publishes a periodic newsletter. The DLO Gazette covers interesting developments in intellectual property law, including patent law, copyright law, trademark law, trade secret law, trade dress law, licensing, franchising, and technology transfer/commercialization of intellectual property. You can
- [Patent Process for Experienced Inventors](https://ipattorneyfirm.com/training-and-education/patent-process-for-experienced-inventors/) - Patent Process for Experienced Inventors This one-day seminar offered by Delain Law Office, PLLC, a patent law firm located in the historic Stockade district of Schenectady, New York, takes inventors through the process of obtaining a patent in some depth. The following is a partial listing of what inventors may learn in this seminar: How
- [Patent Process for Inexperienced Inventors](https://ipattorneyfirm.com/training-and-education/patent-process-for-inexperienced-inventors/) - Patent Process for Inexperienced Inventors This one-day seminar offered by Delain Law Office, PLLC, a patent law firm located in the historic Stockade district of Schenectady, New York, takes inventors through the process of obtaining a patent at a fairly high level. The following is a partial listing of what inventors may learn in this
- [What Is Intellectual Property?](https://ipattorneyfirm.com/what-is-intellectual-property/) - Intellectual property includes patent, trademark, trade dress, trade secret, copyright. These can be monetized using licensing and franchising paradigms.
- [Patent Practice and Bar Review](https://ipattorneyfirm.com/training-and-education/patent-practice-and-bar-review/) - Patent Practice Patent Practice and Bar Review: A second-semester college senior or graduate-level course that prepares students with technical or scientific backgrounds for practice as patent agents before the US Patent & Trademark Office is offered by Delain Law Office, PLLC. Students make an in-depth study of patent law and practice, with laboratory exercises in

## Categories

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