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

The Dark Side of Cannabis Edibles: How Fake Packaging Can Mislead Consumers and Harm Children

IP Watchdog

OCTOBER 9, 2024

According to Pediatrics, a journal published by the American Academy of Pediatrics, the number of children under six years old who have consumed cannabis products surged by 1,375% from 2017 to 2021. Pediatric Edible Cannabis Exposures and Acute Toxicity: 2017–2021, Pediatrics (Jan. See Marit S. Tweet et al.,

Journalism

Journalism Publishing Branding Brands

Gene Simmons gives the fingers to the PTO

Likelihood of Confusion

NOVEMBER 13, 2024

Originally posted 2017-06-14 11:52:04. Republished by Blog Post Promoter Yes, it’s another pop star seeking to assert digital trademark rights. ” As you’d […] The post Gene Simmons gives the fingers to the PTO appeared first on LIKELIHOOD OF CONFUSION™.

Blogging

Blogging Trademark Registration

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

Blade Runner 2049 Producer Alleges Musk Created Infringing Image with Generative AI

IP Watchdog

OCTOBER 23, 2024

The suit claims that these parties are responsible for the creation of an artificial intelligence (AI) generated image of Tesla’s Cybercab using iconic imagery from Alcon’s 2017 theatrical release Blade Runner 2049.

Copyright Infringement

Copyright Infringement Licensing Copyright Litigation

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

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

Understanding the Dangers of Counterfeit Drugs Through the Lens of Fake Ozempic

JD Supra Law

AUGUST 26, 2024

Novo Nordisk’s patented drug Ozempic® (semaglutide injection) was first approved by the FDA in 2017 for the treatment of type 2 diabetes. The June 2024 issue of Vanity Fair included the provocative headline: “Why Counterfeit Ozempic Is a Global-Growth Industry." By: Knobbe Martens

Patent

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

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.

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 Branding Brands Blogging

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

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

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

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

Breaking IP Barriers: Q&A With Spencer Fane's DJ Healey

IP Law 360

SEPTEMBER 25, 2024

Spencer Fane LLP partner DJ Healey came out as a transgender woman in 2017 — 30 years into her legal career — opening doors at a time when LGBTQ+ attorneys were gaining more acceptance from colleagues and clients.

IP

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

‘£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 Branding Brands

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

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

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

Mid-Year 2024 Update: U.S., EPO, and Chinese Software-Related Patent Grants Remain Steady

IP Watchdog

AUGUST 20, 2024

As an update to my previous posts from 2017, 2019, 2020, March 2021, August 2021, 2022, 2023, and February 2024, the tenth anniversary of the U.S. Supreme Court’s Alice Corp. CLS Bank decision has just passed.

Patent

Patent Patent Prosecution Government Technology

Unlikely to confuse

Likelihood of Confusion

OCTOBER 6, 2024

Originally posted 2017-12-08 01:42:50.

Blogging

Blogging Trademark

That’s All Folks: KimCartoon’s 120m Visit Piracy Caper Ends in a DMCA Disaster

TorrentFreak

SEPTEMBER 6, 2024

Diplomatic Moves, Reincarnation In 2017, Ted Osius, U.S. Following these discussions, in March 2017 one of the sites mentioned – 123movies – suddenly went offline. An incredible chart from a 2017 Danish site-blocking study conducted by Rights Alliance shows that 123movies didn’t really die.

Reporting

Reporting Copyright Law Copyright Copyright Infringement

3 Count: Levitating Lawsuit

Plagiarism Today

MARCH 3, 2022

The lawsuit was filed by Artikal Sound System, a band behind the 2017 song Live Your Life. According to the lawsuit, the album that Live Your LIfe was on reached the number 2 spot for reggae in 2017, meaning that it’s very easy for Dua Lipa to have heard it.

Settlement

Settlement Copyright Infringement Licensing Fair Use

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

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

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

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 Branding Brands

Precedential No. 12: TTAB Hands Win to MLBPA and Aaron Judge In Opposition to Judicial-Themed Trademarks for Clothing

The TTABlog

APRIL 17, 2023

Applicant Chizena, a Long Island resident purportedly oblivious to the meteoric ascent of Aaron Judge in the baseball world, filed his intent-to-use applications for the word marks on July 14, 2017, and for the design mark on October 12, 2017. On July 10, 2017, he won the Home Run Derby at the All-Star Game.

Trademark

Trademark Designs Design Licensing

DHC and 3(k): This time using the ‘Technical effect’ Test

SpicyIP

AUGUST 13, 2024

The Court, to determine what all could qualify as a technical effect, sought reliance on CRI guidelines 2013, which has since been replaced by the 2017 CRI guidelines. Do the 2017 guidelines include the same? The 2017 guidelines do not even mention ‘technical effect.’ demonstrate technical effect. demonstrate technical effect.

Invention

Invention Patent Public Domain Licensing

Federal Circuit’s Rule 36 Affirmances: A Concerning Trend in Light of Loper Bright

Patently-O

OCTOBER 17, 2024

by Dennis Crouch Starting with my 2017 article chastising the Federal Circuit for its R.36 36 practice, dozens of parties have challenged the Federal Circuit's ongoing habit of regularly issuing a large number of no-opinion judgments.

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 Design Designs

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

Delhi High Court Clarifies that the Obligation to Serve Counter Statement Does Not Fall on the Applicant (Sun Pharma v. Dabur)

SpicyIP

NOVEMBER 7, 2024

Under Rule 45 of the 2017 Rules, again service of evidence is by the respective parties itself and not by the Registrar.” Insofar as evidence is concerned, direct service by the parties itself would trigger the reply period for the parties to file their respective evidence.

Intellectual Property

Intellectual Property Trademark

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

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

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.

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)

The Dark Side of Cannabis Edibles: How Fake Packaging Can Mislead Consumers and Harm Children

Gene Simmons gives the fingers to the PTO

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

Blade Runner 2049 Producer Alleges Musk Created Infringing Image with Generative AI

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

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

Understanding the Dangers of Counterfeit Drugs Through the Lens of Fake Ozempic

3 Count: Less Than Routine

The Grand Tour of German Automotive—Overview

My brand of humor – No. 2 – Jim Gaffigan

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

Eleventh Circuit Rules for Viacom in FLORA-BAMA Trademark Case

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

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

Breaking IP Barriers: Q&A With Spencer Fane's DJ Healey

The Slants: Denouement

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

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

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

Participation vacancy

Mid-Year 2024 Update: U.S., EPO, and Chinese Software-Related Patent Grants Remain Steady

Unlikely to confuse

That’s All Folks: KimCartoon’s 120m Visit Piracy Caper Ends in a DMCA Disaster

3 Count: Levitating Lawsuit

3 Count: Pop Trio

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

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

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

Precedential No. 12: TTAB Hands Win to MLBPA and Aaron Judge In Opposition to Judicial-Themed Trademarks for Clothing

DHC and 3(k): This time using the ‘Technical effect’ Test

Federal Circuit’s Rule 36 Affirmances: A Concerning Trend in Light of Loper Bright

Copyright Battle in 2K Games Lawsuit Comes to a Close

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

Delhi High Court Clarifies that the Obligation to Serve Counter Statement Does Not Fall on the Applicant (Sun Pharma v. Dabur)

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

Establishment and operation of CMOs in Greece

Boeing Jury To Sift Through Failed Electric Jet Partnership

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