Plagiarism Today
MARCH 11, 2024
Oscar-winning film The Holdovers is facing plagiarism allegations from another screenwriters. Here's why they don't hold up. The post Why The Holdovers is Not a Plagiarism appeared first on Plagiarism Today.
Erik K Pelton
MARCH 11, 2024
The following is an edited transcript of my video Measuring the Competition. There are a lot of trademark lawyers out there, and different firms can be a fit for different trademark owners depending on the client’s needs. If I were hiring a firm, Here are some things to consider. If one competitor is much cheaper than the average in the field, you might ask “Why would I choose the cheapest option if it’s not providing all of the same things that the other options might provide?
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Plagiarism Today
MARCH 11, 2024
Nvidia faces lawsuit over AI training, artists angry at new Midjourney feature and New York Times targets Wordle clones. The post 3 Count: Wordle Battle appeared first on Plagiarism Today.
The IPKat
MARCH 11, 2024
The Court of Justice of the European Union (‘CJEU’) held – in its recent judgment The KaiKai Company Jaeger Wichmann GbR (case C-382/21 P) – that the Paris Convention does not allow cross-IP priority claims in general, thus disagreeing with the Advocate General’s earlier Opinion (The IPKat here ). As a reminder, Art. 4(1) Paris Convention provides: Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark,
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?
IP Law 360
MARCH 11, 2024
A coalition of tech companies, retailers and tech activist groups lined up on Monday in opposition to the latest legislative effort to limit patent invalidation in the courts, warning that unseating legal precedents over eligibility would lead to a coming "wave of crippling litigation.
TorrentFreak
MARCH 11, 2024
Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors, visual artists, even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. “Books3” Many of the lawsuits filed by book authors come with a clear piracy angle.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
MARCH 11, 2024
Family-owned Illinois pizzeria Ledo's Inc. and Maryland-based Ledo Pizza chain scored partial victories in a four-year-old trademark fight after a federal judge issued an order that partially granted both sides' summary judgment bids over the eateries' use of the name "Ledo" for their respective businesses.
Indiana Intellectual Property Law
MARCH 11, 2024
In Cyprus, Texas , Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design. According to court documents, Valcrum has developed a reputation for innovative hubcaps designed for 8,000-16,000-pound trailer axles.
TorrentFreak
MARCH 11, 2024
Early 2023, Brazil’s National Film Agency (Ancine) and local telecoms regulator Anatel (National Telecommunications Agency) announced a new anti-piracy partnership. In isolation that was nothing out of the ordinary but just a couple of months earlier, ANCINE had announced a “reformulation” of its anti-piracy work. Specifically, it would “move away” from combating the distribution of pirate set-top boxes and similar work aimed at protecting the movie and TV sector. “
Technology & Marketing Law Blog
MARCH 11, 2024
Music publishers sued Twitter for users’ alleged copyright infringement. The court says that three aspects of the contributory copyright infringement claim survive Twitter’s motion to dismiss. Direct Copyright Infringement. The publishers argued that Twitter “transmitted” their works. The court says the tweeter does any “transmitting,” not Twitter or the viewer.
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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.
JD Supra Law
MARCH 11, 2024
In today's digital landscape, the convergence of intellectual property (IP) and artificial intelligence (AI) presents both unparalleled opportunities and unique challenges for businesses across industries. As AI continues to revolutionize how companies innovate, create, and operate, safeguarding intellectual property rights becomes more critical than ever.
Patently-O
MARCH 11, 2024
by Dennis Crouch The Federal Circuit handed down a mixed decision in Chewy, Inc. v. International Business Machines Corp. , 2022-1756 (Fed. Cir. Mar. 5, 2024) ChewyvIBM. The district court had ruled against the patentee (IBM) — finding one patent ineligible and the other not infringed. On appeal, the Federal Circuit largely affirmed, but found one claim that passes through the pre-trial gauntlet.
JD Supra Law
MARCH 11, 2024
Kilpatrick’s Dean Powell and Kim Byrd recently presented “Mitigating the Costs and Risks of Source Code and Email Discovery” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on patent case-law and developments in the areas of ethics in patent law, patent-eligible subject matter, claim construction, inequitable conduct, popular litigation venues, Inter Partes Review, and other patent-related issues.
IP Law 360
MARCH 11, 2024
Chicago-based T-shirt company Grunt Style on Monday urged an Illinois federal jury to hold a California competitor liable for selling shirts featuring the slogan, "This We'll Defend," asserting the competitor's sales constitute willful infringement of a trademark held for more than a decade.
JD Supra Law
MARCH 11, 2024
Recent guidance published in the Federal Register by the United States Patent and Trademark Office (USPTO) explains some of what is required by patent examiners in making an obviousness case under 35 U.S.C. § 103. Since it is important to be informed on what guidance is given to examiners and to the public, this article highlights aspects of the new guidance that may help improve your odds of success at obtaining patents by understanding how obviousness rejections of patent application claims.
The TTABlog
MARCH 11, 2024
On summary judgment, the Board dismissed this petition for cancellation because Grateful American's claims (genericness and lack of acquired distinctiveness) should have been raised in a pending opposition as compulsory counterclaims. Grateful American waited nearly a year after filing its answer in Gildan Activewear's opposition to registration of the mark GRATEFUL AMERICAN APPAREL before filing this petition for cancellation.
IP Law 360
MARCH 11, 2024
A Delaware federal judge on Monday denied MediaTek's bid to throw out claims in a suit in which it is accused by Philips of patent infringement, calling MediaTek's attempt to exit the case "scattershot.
IP Watchdog
MARCH 11, 2024
The Judicial Council of the Federal Circuit told the U.S. District Court for the District of Columbia on Friday that it should dismiss Judge Pauline Newman’s remaining challenges to the Council’s decision to suspend Newman indefinitely from the court because all of Newman’s claims “fail as a matter of law.” Most recently, on February 12, the District of Columbia court denied a motion for preliminary injunction filed by Judge Newman.
JD Supra Law
MARCH 11, 2024
On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the “Draft Regulation”) was published in the Gazette officielle du Québec. The Draft Regulation was eagerly anticipated by the legal community and businesses affected by the amendments to the Charter of the French Language (the “French Charter”) introduced in June 2022 by the Act respecting French, the official and common language of Québec (“Bill 96”).
IP Law 360
MARCH 11, 2024
Several writers have filed a pair of proposed class actions in California federal court that accuse technology-based companies of ripping off their copyright-protected works.
JD Supra Law
MARCH 11, 2024
Rai Strategic Holdings, Inc. v. Philip Morris Products S.A. (Feb. 9, 2024) - On February 9, 2024, in Rai Strategy Holdings Inc. v. Philip Morris Products S.A., the Federal Circuit vacated the Patent Trial and Appeal Board’s (PTAB) finding that claimed ranges of length rendered Rai’s vape device claims invalid for lack of written description.
SpicyIP
MARCH 11, 2024
Image from here [ This post is authored by SpicyIP intern Aarav Gupta. Aarav is a third-year law student at National Law University, Delhi. He is passionate about geopolitics, foreign policy, international trade, and intellectual property and spends his time reading and watching sports. ] The very anticipated Google AdWords case has reached a significant juncture in the Supreme Court (SC).
JD Supra Law
MARCH 11, 2024
In a world where trademark owners craft their brand narratives with creativity and innovation a dark undercurrent emerges – a rising tide of scams driven by the same ingenuity and resourcefulness.
SpicyIP
MARCH 11, 2024
Having started back in 2015 , Delhi High Court judge Justice Prathiba M. Singh’s book on Patent Law is finally out. It has been published by Thomson Reuters in two volumes and was launched on 9th March 2024 by Union Finance Minister Nirmala Sitharaman at Pragati Maidan. Also present were foreign dignitaries, including Annabelle Bennett (Former Judge of the Federal Court of Australia, Sydney), Colin Birss (Lord Justice, Court of Appeal, England and Wales), and Klaus Grabinski (President of
JD Supra Law
MARCH 11, 2024
The Patent Trial and Appeal Board (PTAB) in Videndum Production Solutions, Inc. v. Rotolight Limited (IPR2023-01219), recently denied a petition for inter partes review (IPR) of a patent on a lighting system and control for producing cinematic lighting effects. The PTAB exercised its discretion under 35 U.S.C. § 314(a) and 37 C.F.R § 42.108(a) to reject the petition, which was the second one filed by the same petitioner against the same patent.
Kluwer Copyright Blog
MARCH 11, 2024
Photo by Rocco Dipoppa on Unsplash The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. Much IP law in the UK is derived from EU law – both implemented EU law and case law decided in view of EU law. REULA could impact all of the above. Abolition of supremacy The main effect of REULA is, no doubt, the abolition of the supremacy ( section 3 ) and general principles ( section 4 ) of EU law in the UK.
JD Supra Law
MARCH 11, 2024
The world of music often sees as much drama in the courtroom as on the stage. One fight that frequently results in protracted, expensive, and bitter legal disputes is over ownership of a band or group name.
The IPKat
MARCH 11, 2024
The promotion of items on social media by celebrities and influencers is commonplace for companies. Celebrities are often invited to collaborate to the creation of specific products, or even find themselves at the helm of a brand's artistic direction. However, these collaborations or partnerships don't always work out as they should. This time, photos published on the Instagram account of singer and businesswoman Rihanna to celebrate her appointment as artistic director of the Puma brand did not
JD Supra Law
MARCH 11, 2024
Kilpatrick partner Ted Davis recently presented his “Annual Review of Key Trademark & Unfair Competition Opinions” at the firm’s 2024 Advanced Trademark Law Seminar in New York. Key takeaways from the presentation include.
The IPKat
MARCH 11, 2024
One of the sure things in the world of royalties and royalty rate calculations is taxes. Katfriend Thato Moloto (Trademarkia) writes on the methods used in calculating royalty rates for IP licences to enable the determination of appropriate taxes. Here’s what Thato writes: Tax Court of South Africa wrestles with “arm’s length” royalties rate for IP licenses by Thato Moloto On 14 February 2024, the Tax Court of South Africa handed down a judgement in the seminal transfer pricing case of ABD Limit
JD Supra Law
MARCH 11, 2024
ALEXSAM, INC., Plaintiff-Appellant v. MASTERCARD INTERNATIONAL INCORPORATED, Defendant-Appellee, No. 2022-2046, 2024 WL 825658 (Fed. Cir. Feb. 28, 2024) - On February 28, 2024, in AlexSam, Inc. v. MasterCard International Incorporated, the Federal Circuit reversed the district court’s summary judgment in favor of MasterCard and remanded.
IP Law 360
MARCH 11, 2024
The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.
LexBlog IP
MARCH 11, 2024
From Stobbs summary: Recent Court of Appeal decision (Iconix v Dream Pairs, involving the Umbro ‘double diamond’ logo on footwear) which has clarified the need to take account of the potential for post-sale confusion when assessing likelihood of confusion between two marks. This case could present opportunities for brands to revisit confusion-based claims in the context of lookalikes which has been a challenge for many years, given that the assessment must take account of people seei
IP Law 360
MARCH 11, 2024
Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.
Biswajit Sarkar Copyright Blog
MARCH 11, 2024
BACKGROUND Arthrogen filed for a patent on a process for manufacturing protein-enriched blood serum using gold particles. The Controller of Patents raised objections under Sections 3(c) (mere discovery of a scientific principle), 3(d) (mere discovery of a new form of a known substance), 3(e) (substance obtained by a mere admixture), 3(f) (mere arrangement/re-arrangement/duplication of known devices), and 3(j) (discovery of plants and animals), Indian Patent Act 1970.
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