2017 - Intellectual Property Pulse

Posner’s “judicial interpretive updating” and the disparagement clause (Best of 2017)

Likelihood of Confusion

JULY 17, 2024

Originally posted 2017-12-29 13:46:01. Republished by Blog Post PromoterOriginally posted on April 16, 2017. Thank God for small favors. Like being far away from the Seventh Circuit these days if you or your client want to rely on the words of a statute to determine what the law is.

Blogging

Blogging Law Litigation

That great, free First Amendment thing (Best of 2017)

Likelihood of Confusion

NOVEMBER 23, 2022

First published July 24, 2017. The post That great, free First Amendment thing (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™. I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner.

Registration

Registration Publishing Trademark

Phantoms, zombies and the big problem with trademark use (Best of 2017)

Likelihood of Confusion

AUGUST 11, 2021

Originally published May 30, 2017. The post Phantoms, zombies and the big problem with trademark use (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™. I’ve got trademark use on the brain! Maybe it’s the Belmora effect — the result of living in a world in which use of a trademark in.

Trademark

Trademark Publishing Trademark Law Law

Decoding the Ambiguity: Sun Pharma vs. Dabur India and the Uncertainty of Extensions of Time at the Opposition Evidence Stage under Trade Mark Rules, 2017

Selvam & Selvam Blog

MAY 31, 2024

The evolving landscape of the rules governing extensions of time at the evidence stage of opposition proceedings, particularly examining the transition from the Trade Marks Rules of 2002 (hereinafter “2002 Rules”) to the Trade Mark Rules 2017 (hereinafter “2017 Rules”) is a topic which has sparked significant debate recently.

Registration

Registration Trademark Government Intellectual Property

Arthrex Loses Bid For Director Review Of 2017 PTAB Ruling

IP Law 360

JUNE 16, 2023

filed nearly two years ago seeking to have the director of the patent office review a 2017 decision invalidating claims of a suture patent. Saying the case has long been over, a Patent Trial and Appeal Board official has rejected requests that Arthrex Inc.

Patent

Arthrex Asks USPTO Director To Review 2017 PTAB Decision

IP Law 360

AUGUST 17, 2021

itself to review a 2017 ruling invalidating two claims in a suture patent that were canceled by the USPTO in June. In the wake of the U.S. Supreme Court's Arthrex decision, the U.S. Patent and Trademark Office director has been asked by Arthrex Inc.

Trademark

Trademark Patent

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Uniloc 2017 LLC v. Facebook Inc., 989 F.3d 1018 (Fed. Cir. 2021)

JD Supra Law

FEBRUARY 23, 2022

Facebook filed an inter partes review (IPR) petition against claims 1–8 of Uniloc 2017 LLC’s patent on Voice over Internet Protocol. Meanwhile, an IPR proceeding was already pending on claims 1–6 and 8 of the same patent, based on a petition filed by Apple and later joined by Facebook.

Patent

EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

Fair Use

Fair Use Registration Designs Design

An Analysis of the Status Quo of FDI And Its Regulatory Framework In India Through the RBI’s FED Master Direction No.11/2017-18 On Foreign Investment

IP and Legal Filings

AUGUST 12, 2022

11/2017-18 on Foreign Investment. 11/2017-18 On Foreign Investment first appeared on IPLF. In order to execute the rules set forth, this Master Direction specifies the procedures that Authorized Persons must follow when conducting foreign exchange operations with their clients or constituents. PROHIBITED SECTOR AND PERSONS.

Government

Government Ownership Business Reporting

My brand of humor – No. 2 – Jim Gaffigan

Likelihood of Confusion

JULY 8, 2024

Originally posted 2017-11-27 11:10:41. Republished by Blog Post PromoterThe first installment of this new feature excerpted Gary Gulman’s assault on soft-brand drinks. 2 – Jim Gaffigan appeared first on LIKELIHOOD OF CONFUSION™.

Branding

Branding Brands Branding Blogging

Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements

SpicyIP

MAY 6, 2024

Under Rule 45 of the 2017 Rules, again service of counter statement is by the Applicant itself and not by the Registrar.” 1959 Rules, 2002 Rules and 2017 Rules – Mending Invisible Gaps? Curiously omitted in 2002 Rules and the 2017 Rules is the phrase “ by the Registrar ”. Chairperson (Para 66). of Dhanbad Municipality ).

Copying

Copying Intellectual Property Law Intellectual Property Law

Organized Crime Unit Arrest Suspected Sky TV Pirate – What About His Users?

TorrentFreak

JUNE 6, 2024

In 2017, Trading Standards went on record stating that streaming consumers had nothing to fear under copyright law, a position supported – albeit briefly – by the European Commission. Early 2017: Not Illegal. Early 2017: Not Illegal. Like never before, streaming piracy was skyrocketing.

Copyright Law

Copyright Law Reporting Copyright Designs

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #4

JD Supra Law

JUNE 25, 2024

Under Armour on Friday said it has agreed to pay $434 million to settle a 2017 class action lawsuit accusing the sports apparel maker of defrauding shareholders about its revenue growth in order to meet Wall Street forecasts. The proposed settlement, subject to court approval, averts a scheduled July 15 trial in Baltimore federal court.

Settlement

Settlement Law

The Grand Tour of German Automotive—Overview

Christopher Roser

MAY 28, 2024

In 2017-18, I had the chance to visit factories of all seven Japanese car makers as part of my Grand Tour of Japanese Automotive. In the last few weeks, I had the chance to repeat this for Germany and do a Grand Tour of German Automotive. Let me show you what I saw and what.

Gazing Substantive vs Procedural Rights in the Light of SAP Se vs Swiss Auto Products and Anr

SpicyIP

AUGUST 10, 2023

Relevant Provisions Under Consideration: The Conflict Between the 2002 and the 2017 Rules Even though the tiff between the parties revolved around whether Rule 51 of the Trademark Rules , 2002, ( dealing with the filing of evidence ), was mandatory or directory in nature, t he court did not dive deep into a discussion of the same.

Trademark

Trademark Law IP Registration

3 Count: Less Than Routine

Plagiarism Today

OCTOBER 21, 2021

They allege that American Skin copies elements from their 2017 screenplay, A Routine Stop. The Shaws claim that they entered their screenplay in the 2017 TV One Screenplay competition. The two companies signed an agreement in 2017 that gave Beijing Shi Jun publishing rights for Kairosoft games in China.

Copyright Infringement

Copyright Infringement Social Media Publishing Licensing

Eleventh Circuit Rules for Viacom in FLORA-BAMA Trademark Case

IP Watchdog

DECEMBER 3, 2022

The company filed a cease-and-desist letter in 2017 when Viacom first aired Floribama Shore in 2017. MGFB, the company that filed the appeal, owns the “FLORA-BAMA” trademark and owns and operates the Flora-Bama Lounge on the border of Florida and Alabama.

Cease and Desist

Cease and Desist Trademark Television Litigation

Supreme Court of Canada affirms record-setting $645M patent infringement award in Dow v Nova

JD Supra Law

NOVEMBER 22, 2022

The Supreme Court dismissed Nova’s appeal of the earlier decisions of the Federal Court (2017 FC 350 and 2017 FC 637), and Federal Court of Appeal (2020 FCA 141), wherein…. In an 8-1 majority ruling released today, the Supreme Court of Canada (SCC) has affirmed the record-setting $645M patent infringement award in Dow v Nova.

Patent Infringement

Patent Infringement Patent

The Slants: Denouement

Likelihood of Confusion

NOVEMBER 10, 2023

Victory has a hundred fathers [link] — Likelihood ®© Blog (@likely2confuse) June 19, 2017 Now let’s name some of them. Because while I have many thoughts and learned many things. The post The Slants: Denouement appeared first on LIKELIHOOD OF CONFUSION™.

Blogging

Microsoft v. Asst. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani

SpicyIP

MARCH 7, 2023

The pertinence of this to the matter at hand is – that while deciding on whether Microsoft’s technology was eligible for a patent, it relied on CRI’s 2016 guidelines , instead of the 2017 guidelines. This is relevant, because the application of the 2017 guidelines would likely have yielded an entirely different result.

Designs

Designs Design Patent Invention

‘£1m’ Pirate TV Box Seller Avoids Prison Due to Private Prosecution Delays

TorrentFreak

JANUARY 15, 2024

A private prosecution brought by the Federation Against Copyright Theft alleged that Longbottom’s operation ran from August 2015 to May 2017. Caravan Static, Longbottom On the Move Officers from Greater Manchester Police raided Longbottom’s caravan in January 2017, but the entrepreneur wasn’t home, or even in the UK.

Copyright

Copyright Branding Brands Branding

Director Vidal Reels In Discretionary Denials Under Section 314(a)

JD Supra Law

JUNE 5, 2024

In certain circumstances, the PTAB will discretionarily deny a petition because another petition challenging the same patent was filed previously. General Plastic Industries Co., Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. By: Jones Day

Patent

Serial IPR Petitions No Longer Doomed By A Double Dose Of Discretionary Denial

JD Supra Law

SEPTEMBER 2, 2022

6, 2017), designated precedential in 2017, sets forth seven factors to be considered before discretionarily denying subsequent IPR petitions challenging the same patent. Plastic Indus. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept.

Designs

Designs Design Law Patent

Road Mapping Leads to Dead End

JD Supra Law

JUNE 24, 2024

6, 2017), the PTAB concluded that (1) factors 1, 2, 6, and 7 were neutral or slightly in favor of denial, (2) factors 4 and 5 weighed in favor of. Masimo Corp. IPR2024-00071, Paper 7 (Apr. Applying General Plastic Indus. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 at 15–16 (PTAB Sept. By: Jones Day

Patent

Copyright Battle in 2K Games Lawsuit Comes to a Close

JD Supra Law

MAY 8, 2024

In 2017, tattoo artist James Hayden filed the lawsuit over 2K Games’ realistic portrayals of his tattoo designs on its popular basketball player avatars. The case of Hayden v. 2K Games, Inc. involving a tattoo artist’s copyright battle against the gaming giant, 2K Games, was decided earlier this month.

Copyright

Copyright Designs Design

3 Count: Pop Trio

Plagiarism Today

MARCH 7, 2022

That one was filed by members of the reggae band Artikal Sound, who claimed that Levitating was an infringement of their 2017 track Live Your Life. 2: Ed Sheeran is a ‘Magpie’ Who ‘borrows’ Ideas, Copyright Trial Hears.

Music

Music Copyright Infringement Copying Plagiarism

Participation vacancy

Likelihood of Confusion

JANUARY 25, 2022

Probably isn’t good enough pic.twitter.com/9rQwe0JVMm — Ron Coleman (@RonColeman) May 17, 2017 Originally posted 2017-05-18 06:36:08. Republished by Blog Post Promoter. The post Participation vacancy appeared first on LIKELIHOOD OF CONFUSION™.

Blogging

Blogging Branding Brands Branding

Boeing Jury To Sift Through Failed Electric Jet Partnership

IP Law 360

MAY 14, 2024

was soaring in 2017 when The Boeing Co. Washington-based Zunum Aero Inc. invested millions to propel development of a hybrid-electric or all-electric jet that the startup boasted could make air travel greener, faster and cheaper.

SpicyIP Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

SpicyIP

SEPTEMBER 13, 2023

The eligibility of the candidates for the Trademarks Agent Exam is given under Rule 144 of the Trade Marks Rules, 2017 and the eligibility of the candidates for the Patent Agent Exams is given under Section 126 of the Patents Act, 1970.

Trademark

Trademark Patent Registration IP

Is the Five-Year Decline in Patent Litigation Positive or Negative? It Depends who you Ask

IP Close Up

AUGUST 15, 2023

From 2013 to 2017 patent suits filed dropped by 35% and stayed that way through 2022. Excluding volume patent litigation filers, typically non-practicing entities (NPEs) Continue reading

Litigation

Litigation Patent Patent Troll Designs

3 Count: Time’s Side

Plagiarism Today

JULY 26, 2022

However, under the conventional theory of damages, Starz would have only been eligible for damages on infringements going back to May 2017, three years before the lawsuit was filed in May 2020. According to BREIN, this is just one of more than 50 such services it has shuttered since 2017.

Settlement

Settlement Copyright Infringement Reporting Plagiarism

Forced Cooperation Between Rivals Does Not Create a “Significant Relationship”

JD Supra Law

MAY 2, 2024

6, 2017) to determine whether to. Neo Wireless LLC, IPR2023-00797, Paper 27 (Mar. 22, 2024); see also IPR2023-00962; IPR2023-00763. The PTAB applies seven non-exclusive factors from General Plastic Indus. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. By: Jones Day

Exelixis, Inc. v. MSN Labs. Private Ltd. Cabometyx® (Cabozantinib (S)-Malate)

JD Supra Law

APRIL 27, 2023

19-2017-RGA-SRF, 2023 WL 315614 (Consol.) (D. Case Name: Exelixis, Inc. Private Ltd., 19, 2023) (Andrews, J.) - Drug Product and Patent(s)-in-Suit: Cabometyx® (cabozantinib (S)-malate); U.S. Patents Nos. 7,579,473 (“the ’473 patent”) and 8,877,776 (“the ’776 patent”). By: Robins Kaplan LLP

Patent

Prosecution of patent applications in latam

Olartemoure Blog

JULY 12, 2024

Brazil joins Colombia (2017), Peru (2019) and Chile (2020), as part of this agreement. The GPPH aims to accelerate prosecution of counterpart patent applications pending using favorable decisions of other patent offices that are also part of the GPPH agreement.

Patent Application

Patent Application Patent Patent Prosecution Intellectual Property

Lessons from the Levandowski Case: Reimagining the Exit Interview as Risk Management

IP Watchdog

OCTOBER 30, 2022

It was February 2017 when Waymo, Google’s self-driving car unit, sued Uber in what would become the biggest trade secret case of the century. Waymo alleged that its former manager, Anthony Levandowski, had organized a competing company while still at Waymo, and before leaving had downloaded 14,000 confidential documents.

Confidentiality

Confidentiality Branding Brands Branding

Disney Owes $400M For 'Beauty And The Beast' FX, Jury Told

IP Law 360

DECEMBER 6, 2023

Digital-effects company Rearden LLC's counsel told a California federal jury during opening arguments Wednesday that Disney owes up to $400 million for allegedly using its copyrighted special-effects software for the 2017 remake of "Beauty and the Beast" while Disney's counsel said it respects copyright law and "did nothing wrong."

Copyright Law

Copyright Law Copyright Law

Film Companies Seek ‘Torrenting History’ Related to Redditor

TorrentFreak

FEBRUARY 20, 2024

1, 2017 to the present. 1, 2017 to present. 1, 2017 to the present. S, who is not necessarily the Redditor: 1. All written communications with RCN concerning piracy from Oct. Payment records to RCN from Oct. All personal computing records pertaining to usage of BitTorrent from Oct.

Social Media

Social Media IP Copyright Infringement Copying

Search and File, Here and There!

JD Supra Law

SEPTEMBER 12, 2023

First published in Inside magazine, NYSBA, Fall 2017. There once was a company named Zotz, Which created toys for tots, It set up abroad, of course! But filing first is KnockOffSource, Can Zotz manufacture? Methink “notz!” By: Tarter Krinsky & Drogin LLP

Publishing

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis.

Related Rights

Related Rights Licensing Law Copyright

Section 301 Update: USTR Seeks Public Comment on the Efficacy of Section 301 Tariffs

JD Supra Law

OCTOBER 14, 2022

2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and innovation," pursuant to its authority under Section 301 of the Trade Act of 1974, as amended. By: Venable LLP

Intellectual Property

Intellectual Property Government Technology

Paramount Says 'Star Trek' Fan Film Producer Violated IP Deal

IP Law 360

OCTOBER 19, 2023

Paramount Pictures and CBS have filed a petition in Los Angeles Superior Court seeking to confirm a $292,000 arbitration award against Axanar Productions and Alec Peters, saying the producers of an unauthorized "Star Trek" fan film violated a 2017 deal that ended the entertainment companies' copyright infringement lawsuit over the project.

Copyright Infringement

Copyright Infringement IP Copyright

Class Seeks $950K Settlement With Stan Lee Media Co.

IP Law 360

SEPTEMBER 8, 2022

A shareholder who sued the media company formed by iconic comic book writer and publisher Stan Lee following an alleged "fire sale" merger with a Hong Kong company in 2017 has agreed to settle his Delaware Chancery Court class action for $950,000.

Settlement

Settlement Publishing

Managing ANDA Venue Issues As Del. And NJ Filings Rise

JD Supra Law

DECEMBER 12, 2023

Supreme Court reinterpreted the patent venue statute in 2017. This year's filings reflect a consensus about venue in pharmaceutical patent infringement cases that has emerged since the U.S. Originally published by Law360 - December 1, 2023. By: WilmerHale

Patent Infringement

Patent Infringement Publishing Patent

AI Takes Transformers Beyond Robots In Disguise

JD Supra Law

JANUARY 31, 2024

Introduced in Ashish Vaswani's 2017 paper "Attention Is All You Need," a transformer in AI refers to an innovative type of AI model that has revolutionized the field. Upon hearing the word "transformer," thoughts of change and adaptability often come to mind, sometimes evoking images of those iconic shape-shifting robots.

Publishing

Posner’s “judicial interpretive updating” and the disparagement clause (Best of 2017)

That great, free First Amendment thing (Best of 2017)

Trending Sources

Phantoms, zombies and the big problem with trademark use (Best of 2017)

Decoding the Ambiguity: Sun Pharma vs. Dabur India and the Uncertainty of Extensions of Time at the Opposition Evidence Stage under Trade Mark Rules, 2017

Arthrex Loses Bid For Director Review Of 2017 PTAB Ruling

Arthrex Asks USPTO Director To Review 2017 PTAB Decision

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Uniloc 2017 LLC v. Facebook Inc., 989 F.3d 1018 (Fed. Cir. 2021)

EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

An Analysis of the Status Quo of FDI And Its Regulatory Framework In India Through the RBI’s FED Master Direction No.11/2017-18 On Foreign Investment

My brand of humor – No. 2 – Jim Gaffigan

Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements

Organized Crime Unit Arrest Suspected Sky TV Pirate – What About His Users?

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #4

The Grand Tour of German Automotive—Overview

Gazing Substantive vs Procedural Rights in the Light of SAP Se vs Swiss Auto Products and Anr

3 Count: Less Than Routine

Eleventh Circuit Rules for Viacom in FLORA-BAMA Trademark Case

Supreme Court of Canada affirms record-setting $645M patent infringement award in Dow v Nova

The Slants: Denouement

Microsoft v. Asst. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani

‘£1m’ Pirate TV Box Seller Avoids Prison Due to Private Prosecution Delays

Director Vidal Reels In Discretionary Denials Under Section 314(a)

Serial IPR Petitions No Longer Doomed By A Double Dose Of Discretionary Denial

Road Mapping Leads to Dead End

Copyright Battle in 2K Games Lawsuit Comes to a Close

3 Count: Pop Trio

Participation vacancy

Boeing Jury To Sift Through Failed Electric Jet Partnership

SpicyIP Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

Is the Five-Year Decline in Patent Litigation Positive or Negative? It Depends who you Ask

3 Count: Time’s Side

Forced Cooperation Between Rivals Does Not Create a “Significant Relationship”

Exelixis, Inc. v. MSN Labs. Private Ltd. Cabometyx® (Cabozantinib (S)-Malate)

Prosecution of patent applications in latam

Lessons from the Levandowski Case: Reimagining the Exit Interview as Risk Management

Disney Owes $400M For 'Beauty And The Beast' FX, Jury Told

Film Companies Seek ‘Torrenting History’ Related to Redditor

Search and File, Here and There!

Establishment and operation of CMOs in Greece

Section 301 Update: USTR Seeks Public Comment on the Efficacy of Section 301 Tariffs

Paramount Says 'Star Trek' Fan Film Producer Violated IP Deal

Class Seeks $950K Settlement With Stan Lee Media Co.

Managing ANDA Venue Issues As Del. And NJ Filings Rise

AI Takes Transformers Beyond Robots In Disguise

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