Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language.  What if this language requires an algorithm to carry out the function and you fail to disclose the algorithm in your patent application?  Can the patent claims be held indefinite for failing to disclose the algorithm?  The answer may be YES!…

When we say “meme”, we usually mean an internet meme. An Internet meme is an idea (and some content embodying this idea) spread via the Internet. Memes are usually created in the internet community for humorous purposes. However, memes in practice may raise issues associated with copyright, registration of trademarks, or even with personal data protection. This article is an overview of curious cases discussed in the Russian legal community and related to internet memes.…

When a corporation expands its business into Canada, consideration should be given to whether it can register its brand as a trademark in this new market. While a corporation may operate in this market without registered trademarks, many statutory frameworks, like the Canadian regime, offer additional benefits to companies[1] that have registered marks. If a corporation plans to expand its operations into Canada, it should be aware that there are certain nuances to this…

Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia trademark to meet the Australia presence requirement, they must ensure that their domain is an exact match to that trademark. On 12 April 2021, a new set of rules relating to the licensing of the .au country code Top Level…

The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the uncertainty that had led to a long-standing split in the circuit courts. Autodialer Definition and Interpretations A circuit split regarding how broadly to define the types of automated technology regulated under the TCPA led to this case. Under the TCPA,…

Authors’ rights According to the Copyright Law, authors of audiovisual works have various rights, including: producing fixations or reproductions of the work; making the work available to the public (eg, by publishing it on an on-demand video service); broadcasting the work on TV or the radio; and communicating the work to the public.…

The title is the first thing the reader sees or hears …—and getting it right is the single most important … decision you’ll make. The title forms the basis of the reader’s judgment ….” Tucker Max For those of you who may read my past ILN posts, you will not be surprised that I subscribe to the Tucker Max approach:  Make the title attention-grabbing, memorable and searchable, informative, easy and not embarrassing to…