TTAB Issues Precedential Opinion Regarding Sanctions Against Petitioner for Fabricated Evidence

Citing Petitioner's Fraudulent Conduct, TTAB Dismisses Petitioner's Cancellation Petition Alexandria VA (September 11, 2019) – A three judge Trademark Trial and Appeal Board (TTAB) panel ruled in favor of Respondent Srills, LLC in a precedential trademark ruling dismissing a cancellation petition brought by Petitioner Optimal Chemical Inc regarding a series of Srills’ registered trademarks. The Petitioner filed the cancellation proceeding in February of 2016 alleging likelihood of confusion under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), based on a claim of Petitioner’s alleged prior common law use of the marks. Following an extensive 20 month long review of the factual record as presented in the parties' trial briefs, the Panel found that "... Respondent has established by clear and convincing evidence that Petitioner participated in a pattern of submitting testimony and evidence which is inaccurate, fabricated, altered, and untruthful in order to demonstrate priority of use, an integral element of its claim of likelihood of confusion." Invoking the legal maxim...
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Intellectual Property: Start to Finish seminar

Want to: Build a strong understanding of the various forms of intellectual property protection. Delve into substantive case law and see intellectual property laws at play. Anticipate when the copyright fair use rule is and is not applicable. Pick up trademark application and enforcement best practices. Protect clients' confidential information or trade secrets through solid non-disclosure agreements. Gain helpful strategies for dealing with various patent issues I will be a featured presenter for a National Business Institute online seminar on January 22, 2017 , providing high level overview of trademark basics, registration, and enforcement.  See https://www.nbi-sems.com/ProductDetails/78436ER?ctname=SPKEM for additional information and pricing.  ...
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Copyright Office Proposes Rule to Establish a Group Registration for Unpublished Works

NewsNet Issue 686 October 12, 2017 Copyright Office Proposes Rule to Establish a Group Registration for Unpublished Works The United States Copyright Office is proposing to create a new group registration option for a limited number of unpublished works. The proposed rule would replace the current “unpublished collections” registration option. Among other things, applicants would be required to submit an online application and upload their works to the electronic registration system, although the Office may waive these requirements in exceptional cases. The proposed rule offers a number of significant benefits compared to current practices: it would allow the Office to more easily examine each work for copyrightable authorship, to create a more robust record of the claim, and to improve the overall efficiency of the registration process. The notice of proposed rulemaking and instructions on how to submit a comment are available here. Written comments must be received no later than November 13, 2017, at 11:59 p.m. Eastern time....
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Copyright Office Releases Comprehensive Music Licensing Study

LOC NewsNet Issue 567 February 5, 2015 Copyright Office Releases Comprehensive Music Licensing Study The U.S. Copyright Office has released a comprehensive study, “Copyright and the Music Marketplace,” detailing the aging music licensing framework as well as the ever-evolving needs of those who create and invest in music in the twenty-first century. In addition to providing an exhaustive review of the existing system, the report makes a number of recommendations that would bring both clarity and relief to songwriters, artists, publishers, record labels, and digital delivery services. “Few would dispute that music is culturally essential and economically important to the world we live in,” said Maria A. Pallante, Register of Copyrights, “but the reality is that both music creators and the innovators who support them are increasingly doing business in legal quicksand. As this report makes clear, this state of affairs neither furthers the copyright law nor befits a nation as creative as the United States.” There is broad consensus across the music industry on...
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Copyright Office Announces Public Roundtable Discussions for Music Licensing Study

From the United States Copyright Office NewsNet 542 May 5, 2014 The U.S. Copyright Office will hold a series of public roundtables to gather input for its music licensing study. The roundtables will take place in Nashville, Tennessee on June 4 and 5, 2014, in Los Angeles, California, on June 16 and 17, 2014, and in New York, New York, on June 23 and 24, 2014. The roundtables will offer an opportunity for interested parties to comment on the music licensing issues set forth in the Notice of Inquiry issued by the Office on March 17, 2014. Those seeking to participate in the roundtables should complete and submit the online form. Requests to participate must be received by the Copyright Office by May 20, 2014....
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Why I Oppose Amending the MN Constitution for Voter ID.

As an attorney, I feel compelled to speak up concerning the proposed Voter Identification Amendment to the Minnesota Constitution.  Putting aside the partisan political aspects of the issue for a moment, this is a bad idea.  Simple ideas sometimes have complex consequences, and in the case of voter id, the simple idea is both expensive and potentially harmful to our most sacred right as Americans. The Minnesota Constitution was enacted in 1857.  Generally speaking, amendments to constitutions are made to accomplish things that cannot be done through the legislative process.  Unfortunately, this is not always the case in MN and the Voter Id Amendment is a prime example.   In the case of the Voter Id Amendment, some Legislators decided they had a law they wanted to pass, and rather than working the law through normal legislative channels which require the checks and balances of Executive Branch approval and judicial oversight, they are seeking to circumvent and embed the administrative practice of...
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Giant Steps 2011 – a day-long conference for entrepreneurial creatives.

From the folks at Giant Steps 2011 Dear Creative Minds and Brave Souls, We are excited to officially open registration for Giant Steps 2011, a day-long interactive event for creative entrepreneurs and entrepreneurial creatives forging their own paths. Giant Steps will inspire you, connect you with like-minded souls, and introduce you to valuable resources. Giant steps is where people in the know will exchange ideas and stories with people on the verge of their creative and entrepreneurial paths. Giant Steps is about creating a community and finding new ways of working. And Giant Steps believes a great day of connections and creativity is best finished with an amazing evening concert! In the follow-up survey to last year’s Giant Steps, 83 % of the people rated their experience at Giant Steps 2010 an 8 out of 10 or higher, and 21 % rated it a 10 out of 10. We’re looking forward to building on that success and making this year’s event even better--with more...
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SPNN Workshop: Copyright Myths

When: Sat, March 5, 1pm – 3pm Where: SPNN - 375 Jackson Street, Suite 250 Saint Paul, Minnesota 55101 Description: What is a copyright and how does it affect you as a video producer? Kenneth Kunkle of Kunkle Law Office will go over common questions creative people may have concerning copyright issues. Kenneth is a Minnesota lawyer and a graduate of Hamline University School of Law. Kenneth has been providing legal services to the Twin Cities business community, and focuses on issues affecting the technology, graphic and fine arts, and entertainment (music, film, and publishing) industries. Cost: $25 for current members, $40 for non-members, $15 fimited income. Call (651) 224-5153 for more information....
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Hand-held Devices & Privacy: We Know What You Read, Bought, Watched, Ate and Emailed Last Summer – Are You Scared?

Is it a phone? An ebook reader? A video game controller? A credit card reader? An entertainment system? A medical device? A GPS navigator? A camera? A remote control? An email/social networking communication device? A news reader? Today's hand-held devices are ALL of these and more. As hand-held devices such as smart phones and tablet computers serve more and more functions in our lives, they also collect more and more information about us. The separate laws and regulations that evolved in a world in which communication, entertainment and technology were fairly distinct areas will be increasingly stressed as devices cross these boundaries in new ways. Our expert panel will explore the current and future business opportunities and legal implications of these cutting-edge technologies. Join us for this joint session of MSBA sections, sponsored by the Computer & Technology Law Section, the Communications Law Section, and the Arts & Entertainment Law Section. Panel: - Jamie Nafziger (Moderator), Dorsey & Whitney, LLP - Kenneth Kunkle...
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