SpicyIP
OCTOBER 21, 2024
Here is our recap of last week’s top IP developments including summaries of the posts on the DHC’s decision regarding consumer confusion in “Hush Products”, US antitrust case against numerous publishing houses, strategy to register trademarks in grayscale, and DHC’s decision on claim amendments. This and a lot more in this week’s SpicyIP Weekly Review.
Plagiarism Today
OCTOBER 21, 2024
2 Live Crew wins copyright termination verdict, Muhammad Ali photo wins jury verdict and Pirelli drops trophy design. The post 3 Count: 2 Live Termination appeared first on Plagiarism Today.
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Likelihood of Confusion
OCTOBER 21, 2024
Originally posted 2018-03-28 16:02:26. Republished by Blog Post PromoterEver earnest and always thinking trademarkily, friend Erik Pelton proposes “Three Misconceptions about Trademarks”: Since I began working in the field of trademarks I have seen and heard a lot of myths and misconceptions about trademark protection. Here are some of the most common ones: “Trademark protection […] The post Trademark misconceptions abound appeared first on LIKELIHOOD OF CONFUSION™.
Plagiarism Today
OCTOBER 21, 2024
Parents of a student at Hingham High School in Massachusetts have filed a lawsuit over his punishment for using AI. The post Parents Sue School Over AI Punishment appeared first on Plagiarism Today.
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
JD Supra Law
OCTOBER 21, 2024
In Teva Branded Pharm. Prods. R&D v. Amneal Pharms. of N.Y., LLC, the US District Court for the District of New Jersey ordered Teva to delist five patents from the Food and Drug Administration (FDA)’s Approved Drug Products with Therapeutic Equivalence Evaluations (commonly referred to as the Orange Book). The court held that those patents did not satisfy the requirements for listing in the Orange Book, finding that the patents did not claim the drug or drug product for which the associated
IP Law 360
OCTOBER 21, 2024
An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
OCTOBER 21, 2024
The publishers behind the Wall Street Journal and the New York Post have said in a new lawsuit that an artificial intelligence company is ripping off the news organizations' work, saying the AI company's "answer engine" has copied huge amounts of copyrighted material.
JD Supra Law
OCTOBER 21, 2024
The US Supreme Court has denied cert on several cases involving patents and trademarks, meaning that the Court will not consider the appeals and the lower court rulings will stand.
IP Law 360
OCTOBER 21, 2024
When Alcon Entertainment wouldn't let Tesla use an image from "Blade Runner 2049" in an event live-streamed from a Warner Bros. Discovery studio to promote an autonomous taxicab, the electric vehicle giant used an infringing image created by artificial intelligence, according to a lawsuit filed Monday in California federal court.
JD Supra Law
OCTOBER 21, 2024
On October 4, 2024, District Judge Philip M. Halpern (S.D.N.Y.) denied Defendant Regeneron Pharmaceuticals Inc. (“Regeneron”)’s Motion for Summary Judgment that (1) Allele was not entitled to any pre-suit infringement damages because it did not properly mark; and (2) that Regeneron did not willfully infringe the ’211 patent. Slip Op. at 1-2. The Court also granted Plaintiff Allele Biotechnology & Pharmaceuticals, Inc.
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Michael Geist
OCTOBER 21, 2024
For over 25 years, the World Trade Organization, an intergovernmental organization based in Geneva, Switzerland that regulates and facilitates international trade, has grappled with how to engage with e-commerce. What started as a moratorium on customs duties has expanded into the development of a new agreement that touches on a wide range of issues including privacy, data localization, and electronic contracting.
JD Supra Law
OCTOBER 21, 2024
The High Court has recently upheld the UKIPO’s decision that GRILLOUMI and GRILLOUMAKI can be registered as trade marks, despite opposition from the owners of the collective mark HALLOUMI. This decision highlights the limitations of descriptive terms, particularly when used for collective marks, and raises questions about whether geographical indication protection may offer a broader and more effective alternative.
IP Law 360
OCTOBER 21, 2024
Eli Lilly & Co. on Monday launched a trio of lawsuits in Indiana, Texas and Washington federal courts accusing three telehealth companies of peddling illicit knockoffs of its weight-loss medications that have not been approved by the U.S. Food and Drug Administration and that pose a danger to patients.
JD Supra Law
OCTOBER 21, 2024
A closer look at Ares Trading S.A. v. Dyax Corporation - The August 2024 Third Circuit decision in Ares Trading S.A. v. Dyax Corporation contributes to the discussion of Brulotte and its progeny. Similar to C.R. Bard v. Atrium, Ares addresses royalty obligations that extend beyond the life of the licensed patent. However, unlike C.R. Bard, the court in Ares held the royalty obligations at issue were not unenforceable under Brulotte.
IP Law 360
OCTOBER 21, 2024
A former supervisory special agent with the FBI has joined the Motion Picture Association in Los Angeles to work as vice president of the group's content protection enforcement for the Americas region, and for its Alliance for Creativity and Entertainment, according to a Monday announcement.
JD Supra Law
OCTOBER 21, 2024
The US Patent and Trademark Office (USPTO or Office ) has issued a final order terminating 3,100 patent applications for intent to deceive the Office via fraudulent “S-signatures.”.
IP Law 360
OCTOBER 21, 2024
The company that makes the hit childrens' show "Blippi" has accused a Florida man of infringing on its intellectual property rights by offering "counterfeit services providing Blippi Show impersonators," according to a suit filed Monday in Florida federal court.
JD Supra Law
OCTOBER 21, 2024
As the first court in Germany, the Hamburg Regional Court (‘Landgericht Hamburg‘) ruled on Artificial Intelligence whether datasets used for AI training activities may infringe German copyright law (Judgment as of 27 September 2024 – file no. 310 O 227/23).
IP Law 360
OCTOBER 21, 2024
A Texas company sued GPS tracking device maker Linxup LLC on Monday in North Carolina federal court, accusing it of infringing a patent on a device that can monitor a car's operations data.
JD Supra Law
OCTOBER 21, 2024
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.
IP Law 360
OCTOBER 21, 2024
Lawyers for some of the media companies and groups hitting up OpenAI and Microsoft with copyright cases say they have major reservations about marrying their cases, warning about rushed discovery and "forcing too many cooks into the same kitchen.
JD Supra Law
OCTOBER 21, 2024
Please join Fitch Even for a free webinar, “Navigating the Changes to the Test for Obviousness in Design Patents After LKQ Corp. v. GM Global,” on Tuesday, October 29, at 9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12 Noon EDT. This webinar will explore the changes in the test for obviousness of design patents in light of the Federal Circuit’s recent decision in LKQ Corp. v.
IP Law 360
OCTOBER 21, 2024
The owner of a background check patent that was found invalid for claiming only an abstract idea has told the U.S. Supreme Court that it was deprived of a fair hearing at the Federal Circuit due to the suspension of Judge Pauline Newman.
JD Supra Law
OCTOBER 21, 2024
INTRODUCTION - Publicity rights play an important role in India based on the culture of celebrity worship and the importance of the name, image, and likeness of sports, television and media personalities, political figures, musicians, etc. Indian intellectual property laws do not directly or explicitly recognize personality rights, but several regulations and provisions address the same.
IP Law 360
OCTOBER 21, 2024
The NCAA wants a New York federal court to dismiss a lawsuit by men's college basketball players that accuses the organization of exploiting their name, image and likeness by continuously replaying their highlights from March Madness, arguing that it fails in numerous ways, including time-barred claims.
JD Supra Law
OCTOBER 21, 2024
On October 3, 2024, in Crocs, Inc. v. Effervescent, Inc., the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion ruling that a brand’s false claim of patent ownership in a product advertisement may give rise to a deceptive advertising claim under the Lanham Act. This precedent could have significant implications for advertisers, as promotional materials touting patents may now face heightened scrutiny and could lead to potential legal repercussions.
IP Law 360
OCTOBER 21, 2024
Eversheds Sutherland announced Monday that it has added the former associate director of enforcement for the National Collegiate Athletic Association to bolster its higher education services and its global sports practice.
JD Supra Law
OCTOBER 21, 2024
On August 13, the Federal Circuit, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., held that a “first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.” The Allergan decision clarified the same panel’s In re Cellect, LLC decision that contained language suggesting otherwise.
IP Law 360
OCTOBER 21, 2024
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
IP Watchdog
OCTOBER 21, 2024
On October 21, 2024, Island Intellectual Property LLC (Island) filed a Petition for Certiorari to the Supreme Court in Island Intellectual Property LLC v. TD Ameritrade, Inc. This case exemplifies two dangerous trends in patent cases. First, district courts in patent cases are granting summary judgment while ignoring factual disputes and/or weighing evidentiary disputes against non-movants, thus depriving parties of their right to a jury trial under the Seventh Amendment.
IP Law 360
OCTOBER 21, 2024
A North Carolina hospital and healthcare provider don't have to stop using the trademarks targeted in a weight loss clinic's infringement suit, a federal judge ruled Monday, finding that the clinic will not suffer significant consequences absent the immediate relief.
BYU Copyright Blog
OCTOBER 21, 2024
Public Policy, or Private Use? Primary Education,Secondary Education,Public Domain Jordyn Hansen October 21, 10:16 AM October 21, 10:17 AM On October 3rd, two Pennsylvania public school districts, the Mars Area School District (MASD or Plaintiffs) and South Side Area School District (SSSD or Plaintiffs"), filed a Complaint against the Pennsylvania School Boards Association (PSBA or Defendant) stating that the PSBA improperly asserted copyright over public policies.
IP Law 360
OCTOBER 21, 2024
A Massachusetts display technology company urged a Colorado federal judge to find that trade secrets and breach of confidentiality claims lobbed against it from a former business partner were launched too late.
IP and Legal Filings
OCTOBER 21, 2024
ABSTRACT The banking sector is one of the crucial sectors, and the smooth working of this sector is imperative for a well-functioning economy. However, there are certain challenges and issues faced by the present banking sector that act as hindrances to the smooth functioning of this sector. In India, the emerging technological inclusions in the financial industry as well as the different regulatory and other cyber security issues that pertain to the banking sector pose challenges to the functio
IP Law 360
OCTOBER 21, 2024
Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.
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