All You Need Is Love…And IP

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Roses are Valentine’s Day’s signature flower. Indeed, these are the most often sent flower on the holiday and the subject of the first plant patent issued by the USPTO. This “Climbing Rose,” invented by Henry F. Bosenberg of New Jersey, is characterized by its champagne-colored roses and everblooming quality. Interestingly, Mr. Bosenberg was not even a plant breeder but rather, a landscape gardener. Under patent law, the inventor of a plant is the person who first appreciates its distinctive qualities and asexually reproduces it. Since this first plant patent in 1931, the USPTO has granted nearly 6,000 plant patents overall.…
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Omid Khalifeh Selected As a Top 3 Patent Attorney in Los Angeles by ThreeBestRated

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Omid Khalifeh, Omni Legal Group’s Principal Patent Attorney, was recently selected as a Top 3 Patent Attorney in Los Angeles by ThreeBestRated®. Three Best Rated is an independent, third party business review site that utilizes a 50-point inspection system to identify top businesses in a city. This system compiles its ratings based on reputation, history, complaints, ratings, satisfaction, nearness, trust, cost, and general excellence. Three Best Rated focuses on purely local businesses rather than large corporations with local offices. Moreover, the service is free and companies do not pay to be listed. As a result of being awarded this top…
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Did you know?

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Amazon was recently awarded two patents for a wristband capable of pinpointing the location of warehouse workers and their hand movements in real time. Originally filed back in 2016, the invention proposes to utilize ultrasonic technology placed around a building, such as a warehouse, and on the wristband itself allowing a management module to provide haptic feedback in order to steer the employee toward the proper area. While commentators are concerned that Amazon is merely trying to track employees’ toilet breaks, the tech giant claims the invention is designed solely to facilitate the process of checking inventory and fulfilling orders…
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AI and IP

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Artificial intelligence is quickly propagating across all industries. With these technological advances comes the requirement that businesses refocus their intellectual property strategies to accommodate these changes. While the situation is not quite as dire as that depicted in Blade Runner’s dystopian future where bioengineered humans are running about, the futuristic world of AI is here. Indeed, Aiva is an artificially intelligent music generator capable of composing emotional soundtracks for films, video games, commercials, and the like who learned the art of music composition by reading through works created by Mozart, Beethoven, Bach, and other great composers. Aiva, in addition to…
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NFL Tackles Professional Counterfeiters

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In time for Sunday’s “Big Game,” NFL Properties LLC, New England Patriots LLC, and Philadelphia Eagles LLC have filed suit in federal court in Minneapolis seeking to obtain a restraining order forbidding professional counterfeiters from selling merchandise bearing protected trademarks. Such an order would permit law enforcement to seize any and all counterfeit goods. A trademark is any word, name, symbol, device, or any combination thereof, used or intended to be used to identify or distinguish the goods or services of the owner from those of others. The NFL not only owns the rights to the term “Super Bowl” but…
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My Patent Is Your Patent: Google’s Cross-Licensing Agreement With Tencent

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Google and China's biggest tech firm, Tencent, recently entered into a long-term patent cross-licensing agreement covering "a broad range of products and technologies." Tencent is valued at over $500 billion and oversees WeChat as well as China's largest gaming and livestream platforms. The tech giant also has investments in Snapchat, Tesla, and Spotify. While the two companies have not broadly publicized what particular patents or technologies are covered by this agreement, these contracts typically allow the parties to freely exploit the subject matter claimed in the named patents. This further allows these companies to avoid litigation over patent infringement.  Although Google has entered…
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Las Vegas Golden Knights Face Off With U.S. Army Over Trademark

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The U.S. Department of Army recently filed a notice of opposition to bar the Las Vegas Golden Knights’ registration of their name in connection with entertainment services and professional ice hockey exhibitions. The Army argues a likelihood of confusion exists as the public may confuse the Army’s Golden Knights as endorsing, sponsoring, or otherwise controlling the quality and nature of the services offered by the NHL team. The Army stresses that its Parachute Team has performed in over 16,000 shows over the last 55 years and that during this time, it has been known as the “Golden Knights” and has…
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Spotify Sued By Wixen Music For Copyright Infringement

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Los Angeles-based company, Wixen Music Publishing, recently sued Spotify for copyright infringement. Wixen handles copyright management and royalty compliance for artists such as Tom Petty, Neil Young, Missy Elliott, Stevie Nicks, the Doors, and Steely Dan. Seeking $1.6 billion in damages and a ruling preventing Spotify from playing these songs until properly negotiated with the rights holders, the publishing company alleges the music streaming giant provided tens of thousands of songs to its users without proper licenses or compensation. In particular, Spotify failed to obtain a license from Wixen that would permit it to reproduce and distribute the songs. U.S.…
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Tattoo Artist Claims Copyright Infringement For Use of Tattoos in Video Games

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Prominent tattoo artist, James Hayden, recently filed a lawsuit in federal district court against the creators of the video game series “NBA 2K” for reproducing his copyrighted tattoo works on the digital versions of famous basketball players without his permission. Specifically, the complaint alleges copyright infringement, unjust enrichment, and violation of the Visual Artists Rights Act against 2K Games Inc. Hayden further claims the defendants’ reproduction of his copyrighted works is so detailed that the “NBA 2K17” version includes a “MyPlayer” feature allowing users to move, scale, rotate, and place over 3,000 customizable tattoos. Thus, Hayden’s copyrighted tattoo works are…
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General Motors Patents Pedestrian Airbag

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General Motors received a patent last month for an exterior airbag. The invention is aimed at providing protection to pedestrians. The airbag is mounted to the “fender region” and before the side door “to provide protection to a pedestrian from impacting the frontal area of a vehicle structure.” In particular, when an impact is detected, the airbag expels from the fender flap to cushion the windshield wipers and “other sharp pieces” on the front of the vehicle. While the most recent, GM is not the first to introduce pedestrian protection airbags. In 2012, Volvo showcased its V40 five-door hatchback featuring…
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