Who Owns the Copyright in A Tattoo?
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17 U.S.C § 201. Ownership of a Copyright. (a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work. The ownership of the copyright in a tattoo has long been the […]
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Major Overhaul to the USPTO’s Public Patent Searching Tools
By Gregory Lars Gunnerson
On September 30, the United States Patent and Trademark Office’s (USPTO) new Patent Public Search tool (PPUBS) replaced four legacy tools—Public-Examiner’s Automated Search Tool (PubEAST), Public-Web-based Examiner’s Search Tool (PubWEST), Patent Full-Text and Image Database (PatFT), and Patent Application Full-Text and Image Database (AppFT). Patent Public Search provides more convenient, remote, and robust full-text searching of all […]
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Mochi Muffins and the Need to Develop Value-Conscious, Emotionally-Intelligent Trademark Portfolios
By Sarah M.D. Luth
After much controversy, a Bay Area bakery has recently voluntarily surrendered its trademark for “mochi muffin.” Third Culture bakery, the self-declared “home of the mochi muffin” came under fire in June after the San Francisco Chronicle published an article accusing the bakery owners of obtaining a trademark for a “common term” and subsequently sending cease-and-desist letters to other businesses […]
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New Organization Created to Promote Strong IP Rights
By Kirk M. Hartung
The Council for Innovation Promotion was launched on September 22 as a bipartisan coalition to promote strong and effective intellectual property rights. The organization was formed by a team of leaders in intellectual property: Frank Cullen, former V.P of U.S. Policy, Chamber of Commerce Global Innovation Policy Center; Andrei Iancu, former Under Secretary of Commerce […]
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Solicitor General Urges Supreme Court to Deny Cert in Amgen Antibody Patenting Case
By Melissa M. Mitchell
In an amicus brief for the United States Government released September 21, 2022, the Solicitor General advises the Supreme Court to deny Amgen Inc.’s petition for a writ of certiorari in the Amgen v. Sanofi case. If the Supreme Court follows the Government’s suggestion, it could mean a swift end for the controversial antibody patenting […]
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Third Retired CAFC Judge Laments Patent Eligibility Mess
By Kirk M. Hartung
Last week, retired Chief Judge Randall Rader, of the Court of Appeals for the Federal Circuit, expressed concern over the ongoing problem with patent eligibility. Rader, whose 24 years on the Court ran from 1990 – 2014, stated that his former court is contributing to the confusion and flaws on the eligibility issue. Rader blames, […]
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The USPTO Takes Steps to Encourage International Green Technologies
By Ashley E. Holland
Last month, the USPTO announced that they have become a technology partner to WIPO GREEN, a World Intellectual Property Organization partnership aimed at highlighting green technologies. WIPO GREEN was established in 2013 and includes over 2,000 international users and over 130 international public and private companies, offices, organizations, research institutes, and business groups. This program […]
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Moderna sues Pfizer and BioNTech for Patent Infringement Related to COVID-19 Vaccines
By Julie L. Spieker
On Friday Moderna issued a news release stating that the company is filing complaints in both the United States and Germany alleging that Pfizer and BioNTech’s COVID-19 vaccine (Comirnaty®) infringes three of Moderna’s patents. The patents at issue are US Patent Nos 10,898574, 10,702,600, and 10,933,127. The patents cover Moderna’s mRNA technology that Moderna say […]
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The Oprah Effect: Podcasters Sued for “Oprahdemics” Brand
By Nicholas J. Krob
“YOU get a car! YOU get a car! YOU get a car!” Kellie Carter Jackson and Leah Wright Rigueur, however, get a lawsuit. Media giant Oprah Winfrey seemingly strayed from her benevolent ways earlier this month when her media company Harpo, Inc. filed a lawsuit against Jackson and Rigueur, as well as Roulette Productions, LLC, […]
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Who is monetizing your online presence? Commercial surveillance and the FTC’s new rules
By Cassie J. Edgar
The Federal Trade Commission just posted notice of its intent to increase federal regulations regarding commercial surveillance, data security and privacy. The FTC defines commercial surveillance as “the business of collecting, analyzing, and profiting from information about people.” Currently, the FTC’s ability to deter unlawful conduct is limited because the agency generally lacks authority to seek financial […]
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