LexBlog IP

FEBRUARY 2, 2023

This installment will focus on NPE litigation as a whole, and what to expect in 2023. On balance, there is a mixed bag of indicators that suggest a slight decline in NPE litigation with the same household names leading the charge. The prevailing view is that litigation generally increases during a recession.

Litigation 40

Litigation Patent Troll Settlement Technology 40

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.

Copying 98

Copying Marketing Marketing Advertising 98

The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Background In 1988, the artefact at issue in the Italian litigation was shown at an exhibition in Cologne (Germany).

Artwork 94

Artwork Moral Rights Art Litigation 94

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Litigation. Background . The Drug and the patent. See here and here ).

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Patent Art Patent Prosecution Litigation 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

Litigation 40

Litigation Technology Business Patent 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

Litigation 40

Litigation Cease and Desist Patent Infringement Intellectual Property 40

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. The 2009 Facebook Terms included the following clause: “accessing or using our website. at 18 (quoting the 2009 version of the Terms at issue in Fteja v. He presided over the famous hiQ Labs v. signif[ies] that you.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. Previous year-in-review lists from 2022 , 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006.

Law 111

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SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. The same, in its submission did not intend to impinge on the market of the Plaintiff. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

SpicyIP

OCTOBER 30, 2023

An interim injunction was granted to the plaintiff in 2009 and through the present judgement, the court decreed the suit in favour of the plaintiff. A legal notice had been issued to the defendant on September 27, 2007 and this was subsequently followed by an interim injunction on September 10, 2009.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

Kluwer Copyright Blog

NOVEMBER 16, 2023

The Safarov case In 2009, Safarov authors a book. Pursuant thereto, the copyright holder is no longer entitled to control the further distribution of a copy of their work after that copy had been put on the market with the rightholder’s consent. An NGO makes his entire work available for download. Balan ; Kamoy ; AsDAC ).

Copyright 92

Copyright Copying Copyright Law Marketing 92

The IPKat

FEBRUARY 11, 2025

Coorstek later withdrew its application and instead filed a counterclaim for invalidation before the French EUTM court, citing Articles 7(1)(e)(ii) [signs which consist exclusively of the shape, which is necessary to obtain a technical result] and 52(1)(b) [application filed in bad faith] of Regulation No 207/2009.

Art 59

Art Patent Registration Intellectual Property 59

SpicyIP

JULY 22, 2024

4668/DELNP/2007), the NBRA Bill that conferred the regulator power to regulate research, manufacture, import and marketing of genetically modified organisms (discussed here ), etc. 1375/DELNP/2009), which was refused by the patent office under Section 3(b) as it could potentially be used for unauthorised printing of currency and securities.

Invention 110

Invention Patent Patent Application Government 110

LexBlog IP

JANUARY 18, 2022

With the emergence of Bitcoin in 2009 and its rapid growth over the last year , supporters and skeptics of cryptocurrency are asking one main question: What is the future of crypto ? After law school, Kathryn intends to become a litigator. By: Kathryn Overby.

Government 52

Government Marketing Marketing Law 52

IP and Legal Filings

FEBRUARY 2, 2024

Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms. Brooms are one of the things that Gebi, another firm, began marketing under the name “MAHA LAXMI.” Examples of such texts include the Bible, the Quran, the Ramayana, the Guru Granth Sahib, and others. 7] 2005 (3) AWC 2097. [8]

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

IP and Legal Filings

JANUARY 5, 2023

1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes. The plaintiff by these advertisements has gained a big market all over the world. COURT’S DECISION.

Trademark 98

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Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. That is far too hasty.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

IP.com

MARCH 12, 2024

According to a report by SuperData Research , the global gaming market was valued at $159.3 Market data from 2023 shows the estimated market size for the gaming industry at $242.39 billion in 2020. This includes revenue from console games, PC games, mobile games, and e-sports. billion with an estimated $583.69 billion by 2030.

Copyright Infringement 52

Copyright Infringement Copyright Intellectual Property Marketing 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 98

Trademark Social Media Advertising Advertising 98

Bio Law Blog

JANUARY 8, 2020

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. 2020 will also usher in some notable changes expanding the scope of products that are regulated and litigated under the BPCIA. This year, the BPCIA turns 10. While the U.S.

Marketing 40

Marketing Marketing Settlement Litigation 40

Intepat

OCTOBER 23, 2024

To expedite market entry and avoid delays in formalizing an assignment or license agreement, parties sometimes rely on verbal agreements, which are considered valid under Indian Contract Law. Union of India, the question of validity of an assignment deed executed in 2009 and effective in 2005 was brought before the court.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

The IPKat

JULY 16, 2024

The authors also point out that the separate underlying marketing authorisations for Northern Ireland could now lead to differing application of paediatric extensions and, therefore, uneven protection for paediatric medicinal products across the UK.

Law 64

Law Editing Patent Intellectual Property 64

SpicyIP

MAY 15, 2023

Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court. Case: Holyland Marketing Pvt. The defendants applied for registration of their mark on 13th April 2009. The defendant further argued that it has applied to register its mark in 2009, however the application is still pending.

Trademark 104

Trademark Registration Cease and Desist IP 104

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. A few months later, Johnson Enterprises sought to expand its outdoor yard game offerings and decided it, too, would sell a giant Connect 4-style game. ” Art Attacks Ink, LLC v. 3d 1138, 1145 (9 th Cir.

Copying 52

Copying Marketing Marketing Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 4, 2020

Angelin (2009) 172 Cal. This was found inadequate, and Brescia served a new statement in which he grouped the alleged secrets into the categories of “marketing strategies,” “budgets and finance,” “formula,” and “manufacturing process.” Superior Court (2009) 178 Cal. In Brescia v. Perlan Therapeutics. In Perlan Therapeutics v.

Designs 40

Designs Design Intellectual Property Law Contracts 40

Technology & Marketing Law Blog

JULY 17, 2023

Nonetheless, the majority opinion will have significant practical implications for transnational litigation in all IP areas. As noted by one transnational litigation scholar , this test would have “made the place of the conduct producing the evil, rather than the place of the transaction, determinative.” Yes, and no.

Blogging 75

Blogging Trademark Litigation Law 75

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. and Class 5.2 of our IP Reveries series , while discussing the basics of clinical trials and drug innovation, have highlighted their implications.

Trademark 59

Trademark Publishing Journalism Copyright 59

SpicyIP

OCTOBER 23, 2023

In 2009, the Right to Information Act was still in its infancy and the judiciary, especially the Supreme Court, was an institution still cloaked in secrecy. In 2009, the Right to Information Act was still in its infancy and the judiciary, especially the Supreme Court, was an institution still cloaked in secrecy.

Intellectual Property 52

Intellectual Property Government Law IP 52

IP Tech Blog

APRIL 17, 2023

Confirmation on Demand The Draft Amendment to the Trademark Law (Article 18) finally codifies the established practice that well-known status is neither a one-time decision by a higher administrative body (as it used to be before 2009) nor a permanent state.

Trademark Law 57

Trademark Law Trademark Law Branding 57

Patently-O

APRIL 2, 2024

The particular litigation here centers on Natera’s US Patent No. ” The result then is that NeoGenomics is barred from offering or marketing its product to new patients. The technology in these cases has amazing potential and I have several friends who have used these techniques to detect early stage cancer. 3d 1372 (Fed.

Patent 45

Patent Art Marketing Marketing 45

Technology & Marketing Law Blog

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. 2009) (holding that a contract was not preempted by copyright). Guest Blog Post) appeared first on Technology & Marketing Law Blog. Which is probably a big part of the reason that many judges have been eager to distance themselves from it. 634 F.Supp.2d

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

43(B)log

AUGUST 17, 2021

In Electra , while the successful Carmen Electra earned over $5 million modeling between 2009 and 2012, the unsuccessful plaintiffs made annual modeling incomes ranging “from $400. But while they share a marketing strategy, Plaintiffs and Defendants “each perform different functions within the marketplace.”

Social Media 45

Social Media False Advertising Advertising Advertising 45

SpicyIP

SEPTEMBER 29, 2024

Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. The plaintiff, which has used the “OROFER” mark since 1996, claimed significant market presence.

Trademark 105

Trademark Confidentiality Patent Application Copyright 105

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

That will help both sides focus their energy for the next round in this litigation, I find it impossible to believe that Twitter facilitated sex trafficking sufficient to trigger FOSTA, but poor Congressional drafting show just how far FOSTA might reach. Twitter appeared first on Technology & Marketing Law Blog. at 590; Inman v.

Blogging 136

Blogging Publishing Social Media Advertising 136

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. Introduction. Biosimilar Regulatory Updates.

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

AUGUST 8, 2024

Parody as a form of social criticism; whether © owner has protected interest in market for parodies even if there’s no competition with any existing parodies of the original work. Various contraceptives and sex toys were added significantly after the Manual went online; IUDs were added only in 2009. Adult magazines, adult films, etc.

Fair Use 45

Fair Use IP Art Registration 45

The IPKat

JANUARY 27, 2025

Arnold LJ in Thatchers said that reading is incorrect ([150]), referring to Whirlpool v Kenwood ( [2009] EWCA Civ 753 ) and Argos v Argos Systems ( [2018] EWCA Civ 2211 ). Jacob LJ in Bellure 2 took the view that the CJEUs guidance rendered the word 'unfair' meaningless ([49]); any advantage will be unfair.

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Advertising Advertising Branding Brands 72