JD Supra Law
AUGUST 30, 2024
As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States. Trademark selection and clearance are essential steps for avoiding costly and time-consuming disputes, securing exclusive rights, and building a strong brand identity.
TorrentFreak
AUGUST 30, 2024
Most anti-piracy campaigns of the last four or five decades feature a direct order (Don’t Pirate) followed by some additional information for people to consider before making an informed choice. The direct order “Don’t Pirate” has never changed, but it only becomes effective when paired with a reason to abstain, ideally something that provokes consideration of the consequences.
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JD Supra Law
AUGUST 30, 2024
In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues upon the copyright owner’s discovery of the infringement or when the copyright owner (in the exercise of due diligence) should have discovered the infringement.
SpicyIP
AUGUST 30, 2024
On August 20, 2024, a single-judge bench of the IP Division of the Madras High Court (MadHC) issued an Order ( pdf ) with notable observations about the feasibility of allowing a counterclaim in a trademark rectification petition filed under Sections 47 (cancellation of trademark on the grounds of non-use) and 57 (rectification of trademark) of the Trademark Act, 1999 (“TM Act”).
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
AUGUST 30, 2024
The US Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a jury trial, concluding it was harmless error because the defendant would have been entitled to a directed verdict regardless. Overwell Harvest Ltd. v. Trading Techs. Int’l, Inc., Case No. 23-2150 (7th Cir. Aug. 12, 2024) (Kirsch, Pryor, Kolar, JJ.).
Olartemoure Blog
AUGUST 30, 2024
After a six-year legal battle, Crayola was able to trademark the distinct scent of its crayons, described as “slightly earthy soap with pungent, leatherlike clay undertones”. This move strengthens Crayola’s trademark identity by protecting a unique, nostalgic element that many consumers associate immediately with its business origin, proving that connections with consumers can also be made through non-conventional elements.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
AUGUST 30, 2024
As Hytera Communications said Friday that its massive radio redesign was enough to show it shouldn't be held in contempt for allegedly continuing to use stolen Motorola Solutions trade secrets, an Illinois federal judge interrupted to ask why Hytera didn't ask the court for more guidance to better target its efforts.
JD Supra Law
AUGUST 30, 2024
The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’ assertions over the “well-pleaded factual allegations” in the plaintiff’s complaint. Molzan v. Bellagreen Holdings, LLC, Case No. 23-20492 (5th Cir.
Patently-O
AUGUST 30, 2024
by Dennis Crouch We have seen lots of ITC action recently. In the new Koki v. ITC decision, the Federal Circuit found that the accused infringer Koki lacked Constitutional standing to bring the appeal based upon a binding promise not to sue submitted by the patentee Kyocera. As I discuss at the end of this post, although Koki is the nominal loser, the company substantially advanced its position on appeal because Kyocera was forced to declare (and then clarify) its promise in order to obtain dis
JD Supra Law
AUGUST 30, 2024
Addressing invalidity due to obvious-type double patenting (ODP) based on later-filed-related patents, the US Court of Appeals for the Federal Circuit reversed a district court’s application of In re Cellect (Fed. Cir. 2023) and held that the later-filed, earlier-expiring continuation patents were not available as ODP references against the earlier-filed, later-expiring patent.
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Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
IP Watchdog
AUGUST 30, 2024
This week in Other Barks & Bites: The World Intellectual Property Office (WIPO) releases a list of the top technology clusters in the world; La Jolla Pharmaceuticals files lawsuit against USPTO to revive shock therapy patent; Romania joins the Unitary Patent System; "very demure, very mindful" trend leads to trademark drama.
JD Supra Law
AUGUST 30, 2024
In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s decision finding that a pro se Californian artist failed to establish that an Italian artist had reasonable opportunity to access the copyrighted work simply because it was available to view on the internet. Morford v. Cattelan, Case No. 23-12263 (11th Cir.
43(B)log
AUGUST 30, 2024
Alsa Refinish LLC v. Walmart Inc., 2024 WL 3914512, No. 2:23-cv-08536-SVW-MAR (C.D. Cal. Jul. 31, 2024) In 2024, people are still bringing keyword advertising cases. Walmart wins summary judgment. Alsa sells paint, including chrome paint, and claims common-law rights in “Alsa,” “Alsa Chrome Paint,” “Alsa Easy Chrome,” “Easy Chrome,” “Mirrachrome,” and “Mirra chrome.
JD Supra Law
AUGUST 30, 2024
The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District Court in the Southern District of New York vacated a 9-figure damages award for TriZetto on its trade secret and copyright claims.
43(B)log
AUGUST 30, 2024
Earth Island Institute v. Coca-Cola Co., A.3d -, 2024 WL 3976560, No. 22-CV-0895 (D.C. Aug. 29, 2024) Earth Island sued Coca-Cola under the D.C. Consumer Protection Procedures Act, alleging that Coca-Cola engages in deceptive marketing that “misleads consumers into thinking that its business is environmentally sustainable, or at least that it is currently making serious strides toward environmental sustainability.
JD Supra Law
AUGUST 30, 2024
On August 20, 2024, the Federal Trade Commission (FTC) filed a comment letter in support of the Food and Drug Administration’s (FDA’s) June 2024 draft guidance on biosimilar interchangeability (the “Draft Guidance”). When finalized, the Draft Guidance will update a previously issued FDA guidance (the “2019 Interchangeability Guidance”) to remove a recommendation that a biosimilar applicant conduct switching studies to demonstrate the interchangeability of its biosimilar product with the.
The IPKat
AUGUST 30, 2024
In a recent decision ( [2024] EWHC 1727 (IPEC) ) on exhaustion of trade marks , the Intellectual Property Enterprise Court (IPEC), a section of the High Court of England & Wales, held that AGA Rangemaster Group Limited (AGA) had legitimate reasons to object to the sales and marketing activities of a company which sold second-hand AGA cookers retrofitted with an electronic control system.
JD Supra Law
AUGUST 30, 2024
In a list of Music Industry Terms Every Artist Should Know, “One Sheet” is defined as a “single-page document that highlights an artist’s new music and summarizes their bio, stats, and achievements. It’s given to media, promoters, or anyone else who can further the artist’s career in some way — for example, by hiring them for a gig, interviewing them, or playing their music.”.
IP Law 360
AUGUST 30, 2024
A new lawsuit accuses a Miami gallery of selling over $6 million in fake Andy Warhol paintings and stringing a family of amateur art collectors along with an elaborate ruse involving the lure of "below-market prices" and "fictitious" employees from the Warhol Foundation and a New York auction house.
JD Supra Law
AUGUST 30, 2024
On August 28, 2024, the Federal Circuit issued a precedential decision regarding issue preclusion in Wisc. Alumni Research Found. v. Apple Inc., Nos. 2022-1884, 2022-1886. For issue preclusion to apply, “the issue actually litigated in the first action must be identical to the issue in the second action,” see Op. at 26, but “the factors and tests [need not] be identical for issues to be identical.
IP Law 360
AUGUST 30, 2024
A proposed class of nearly 1.45 million SmileDirectClub teeth-aligner buyers urged a California federal judge Thursday to preliminarily sign off on Align Technologies Inc.'s $27.5 million cash and coupon settlement to resolve antitrust claims alleging the company colluded with the now-bankrupt SmileDirecClub to illegally restrict competition.
JD Supra Law
AUGUST 30, 2024
In Natera Inc. v. NeoGenomics Laboratories, Inc. the Federal Circuit affirmed the District Court's grant of a preliminary injunction against NeoGenomics in patent infringement litigation involving Natera's U.S. Patent Nos. 11,519,035 and 11,530,454 directed to methods for amplifying targeted genetic material and methods for detecting variations in genetic material indicative for diseases and disorders, respectively.
IP Law 360
AUGUST 30, 2024
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
JD Supra Law
AUGUST 30, 2024
While the genus antibody claim was effectively killed by the U.S. Supreme Court in Amgen v. Sanofi, it lives on in Europe despite a few recent setbacks at the European Patent Office ("EPO") and the Unified Patent Court ("UPC").
IP Law 360
AUGUST 30, 2024
A United Kingdom school software company is no longer facing antitrust scrutiny over alleged litigation threats against schools looking to switch providers, but the firm continues to suggest that it may take action against the "misuse of its intellectual property" that it says complaints to authorities were meant to hide.
JD Supra Law
AUGUST 30, 2024
As Congress is on its August recess, litigation over digital asset issues continued with major developments in the Yuga Labs trademark case and the SEC cases against Kraken and Consensys. While these matters all involve factual underpinnings specific to blockchain technology, the resulting rulings will have implications far surpassing the specific facts of those cases, including how courts rule on certain trademark and venue disputes going forward.
IP Law 360
AUGUST 30, 2024
The Ninth Circuit on Friday affirmed a lower court's denial of a request by software company Proofpoint Inc. for exemplary damages that could have doubled its $13.5 million trade secret theft verdict, ruling that any error the district court made in denying the damages is harmless.
JD Supra Law
AUGUST 30, 2024
In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to dismiss almost all of the claims asserted against them. .
IP Law 360
AUGUST 30, 2024
A Federal Circuit ruling that Patent Trial and Appeal Board decisions can render patent claims invalid in later U.S. Patent and Trademark Office proceedings is "contrary to the patent laws and congressional intent," a patent owner said Friday seeking rehearing in a case that could increase scrutiny of some patents.
JD Supra Law
AUGUST 30, 2024
A group of senators introduced an update to the ‘No Fakes Act,’ which protects the voice and visual likeness of individuals from unauthorized AI-generated recreations. Scott Hervey and James Kachmar discuss the changes to this act on this episode of The Briefing.
IP Law 360
AUGUST 30, 2024
A Western District of Texas jury hit Cisco Systems with a $65.7 million verdict on Thursday for directly infringing Paltalk's patent related to hybrid audio servers, finding that Cisco infringed and failed to prove certain claims were invalid.
JD Supra Law
AUGUST 30, 2024
The US Court of Appeals for the Federal Circuit dismissed a patent challenger’s appeal in an inter partes review (IPR) because the challenger could not meet the injury-in-fact requirement for Article III standing. Platinum Optics Tech. Inc. v. Viavi Solutions Inc., Case No. 23-1227 (Fed. Cir. Aug. 16, 2024) (Moore, Taranto, JJ.; Checchi, Dist. J, sitting by designation).
IP Law 360
AUGUST 30, 2024
An Oklahoma City legal marketing company has acknowledged in a court filing that it uses trademarks associated with a Texas lawyer in its online keyword advertising, but it said the practice is lawful and that the Texas lawyer waited too long to complain and hasn't shown actual harm from it.
JD Supra Law
AUGUST 30, 2024
Join Wolf Greenfield counsel Usha Parker and Ryan Van Olst as they lead a workshop covering intellectual property basics, implications, and considerations for early-stage companies. By: Wolf, Greenfield & Sacks, P.C.
IP Law 360
AUGUST 30, 2024
Two professional audiobook narrators have sued speech synthesis software company ElevenLabs Inc. in Delaware federal court, saying the company used generative artificial intelligence to clone their voices without consent or compensation and is now profiting by letting customers use their voice clones "Bella" and "Adam" for free.
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