Plagiarism Today
APRIL 1, 2024
Rammstein sued over their 2019 song Deutschland, UK comedy lawsuit moves toward a trial and ACE targets pirate sites via Cloudflare. The post 3 Count: Deutschland appeared first on Plagiarism Today.
TorrentFreak
APRIL 1, 2024
When The Pirate Bay first came online, in the second half of 2003 , the ‘internet’ looked nothing like it does today. A Harvard student had yet to start writing the first lines of code on a new idea, called “TheFacebook” YouTube wasn’t around yet either, and the same was true for the smartphones that dominate people’s lives today.
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Plagiarism Today
APRIL 1, 2024
An aspiring lawyer in Singapore has been denied a chance to join the Bar after he failed to disclose an incident of plagiarism. The post Admission to Bar Denied Over Student Plagiarism appeared first on Plagiarism Today.
IP Law 360
APRIL 1, 2024
A California federal judge on Sunday ended Big Tech's coordinated challenge to Patent Trial and Appeal Board precedent that allows its judges to discretionarily deny patent reviews based on how proposed reviews overlap with related litigation in other forums.
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?
TorrentFreak
APRIL 1, 2024
[Opening theme music plays, followed by the sound of a car engine starting up and revving loudly. The camera pans through the bustling streets of London until it comes to rest on a sleek silver sports car parked outside a fancy studio building.] [The door swings open, and out steps our beloved Alan Partridge, clad in his signature blazer and red tie.
IP Law 360
APRIL 1, 2024
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Likelihood of Confusion
APRIL 1, 2024
Some people, it seems. You know what I mean. Instapundit Glenn Reynolds mentioned casually to ten or a hundred thousand of his closest friends that he was having the darndest time freeing up his INSTAPUNDIT® trademark so that it could be used — by him — as a Twitter username. Well he, with the help […] The post Insta-results appeared first on LIKELIHOOD OF CONFUSION™.
The IPKat
APRIL 1, 2024
Trade marks that lack inherent distinctiveness and were only registered on the basis of acquired distinctiveness must be enforced rigorously in order to prevent them from losing their ability to indicate the commercial origin. This is particularly true for abstract colour trade marks. Enforcement usually invites counterattacks on the validity of the trade mark.
Technology & Marketing Law Blog
APRIL 1, 2024
[A reminder that I don’t do April Fools’ pranks.] The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” Users can buy Robux and exchange them on the platform for in-game experiences. Developers create in-game experiences, and when they make Robux selling those experiences on the platform, Roblox will let them cash out.
JD Supra Law
APRIL 1, 2024
A properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components, mobile apps, social media posts, websites, music, developed characters appearing in ads, and logos.
Advertiser: IPO
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.
The IPKat
APRIL 1, 2024
The UPC Court of Appeal in Luxembourg Amidst the humblebrags and #blessed postings, LinkedIn these days is also full of posts on stats from the Unified Patent Court (UPC). As Merpel was wading through the usual analysis, she stumbled across a novel topic in a post from her Parisian Kat friend, Lionel Martin ( August-Debouzy ) posing the question as to whether the Court of Appeal's panel composition is in breach of the European Convention of Human Rights (ECHR) - and whether anyone would care eno
JD Supra Law
APRIL 1, 2024
With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations. Looking to trade secret law to protect AI is facially appealing. U.S. courts have rejected the notion that AI may be the sole inventor or creator of a patented invention or copyrighted work, and aspects of generative AI may have difficulties overcoming the patent eligibility, written description, enablement and novelty hurdles to.
IP Watchdog
APRIL 1, 2024
AlexSam, Inc. lost its patent infringement cases against Simon Property Group/Blackhawk Network and Cigna Corporation in two separate decisions issued by the U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday, April 1. AlexSam owns U.S. Patent No. 6,000,608, which discloses a “multifunction card system.” Essentially, the invention is a type of gift card that “can serve a number of functions, thus allowing the consumer to have one card which may act as their card for financial transac
JD Supra Law
APRIL 1, 2024
Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs.
The TTABlog
APRIL 1, 2024
E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. Section 2(a) - False Suggestion of a Connection: Despite Applicant's Bad Intent, TTAB Dismisses Oppositions to EVSFOOD for Beverages Section 2(d) - Likelihood of Confusion: TTABlog Test: Is OTTO'S for Soda Pops Confusa
JD Supra Law
APRIL 1, 2024
In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding competitive advantages. In May 2023, the general counsel for the National Labor Relations Board (NLRB) issued a memorandum stating non-competes generally violate the National Labor Relations Act, except under rare circumstances.
IP Law 360
APRIL 1, 2024
A California federal judge tossed long-running trade secrets litigation against L'Oreal on Friday, saying that a hair coloring startup's misconduct in the case "casts doubt on the veracity and integrity of all evidence" and that axing the suit altogether is the "only appropriate sanction.
JD Supra Law
APRIL 1, 2024
In the world of trademarks, specimens of use (or proof of use) play a crucial role in obtaining and maintaining a trademark registration with the United States Patent and Trademark Office (“USPTO”). In this blog post, we’ll delve into the types of specimens that are accepted by the USPTO (hint: they’re not alien artifacts!), the specific requirements for each type of specimen, and some practical tips to help you navigate the selection process.
IP Law 360
APRIL 1, 2024
Pharrell Williams has claimed sole ownership of the name the Neptunes, a move that lawyers for the pop sensation's producing partner said was fraud and led them to file a legal action at the Trademark Trial and Appeal Board.
JD Supra Law
APRIL 1, 2024
Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the IPR Center’s efforts to stop global IP theft and address counterfeiting on both home and foreign turf; a recent TTAB decision on descriptiveness, which highlights the importance of selecting marks that evoke rather than describe; and the fundamentals of IP law for brands navigating social media and emerging technologies.
IP Law 360
APRIL 1, 2024
A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., finding most of his claims were too vague.
JD Supra Law
APRIL 1, 2024
While many brand owners are generally aware of and work with U.S. Customs and Border Protection (CBP) to record trademark and copyright registrations and help with seizures, fewer may understand the role of the National Intellectual Property Rights Coordination Center (IPR Center), which leads the U.S. government’s response to stop global IP theft and enforce trade laws.
IP Law 360
APRIL 1, 2024
A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.
JD Supra Law
APRIL 1, 2024
A vexing issue in post-grant patent practice is understanding the limits of how far a patent challenger can deviate from the four corners of its petition during the proceeding. The petition is the challenger’s case-in-chief. Petitions cannot be amended to address either the patent owner’s claim construction positions or its arguments and evidence rebutting the petitioner’s grounds of unpatentability.
IP Law 360
APRIL 1, 2024
The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.
JD Supra Law
APRIL 1, 2024
In February, a bill was introduced in the United States House of Representatives by Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) called the “Bolstering Intellectual Rights against Digital Infringement Enhancement Act.” Not coincidentally, it’s being called the “BIRDIE Act,” so apparently someone was working hard on their acronyms that day.
IP Law 360
APRIL 1, 2024
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
IP Watchdog
APRIL 1, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision authored by Judge Prost on Monday that certain claims of Janssen Pharmaceuticals Inc.’s patent for a schizophrenia drug are not indefinite but vacated and remanded the district court’s finding that Teva Pharmaceuticals had not proven all of the claims obvious.
IP Law 360
APRIL 1, 2024
The U.S. Supreme Court declined Monday to revisit its landmark ruling on how courts should determine patent eligibility, this time rejecting a plea coming from a company whose claim to have invented an important new method for automating the manufacture of steel beams failed to hold up in court.
IP Watchdog
APRIL 1, 2024
After VLSI Technology filed a complaint against Patent Quality Assurance (PQA) and its representative, Joseph Uradnik, in the Circuit Court of the City of Alexandria in late January this year, Uradnik recently filed a Notice of Removal with the U.S. District Court for the District of Alexandria, Alexandria Division, arguing the case should be tried there instead.
IP Law 360
APRIL 1, 2024
Oregon-based Good Clean Love Inc. sued Gwyneth Paltrow's Goop Inc. for trademark infringement over its good.clean.goop women's health products, alleging that the rival's branding is threatening Good Clean Love's reputation and goodwill by sowing customer confusion.
Velocity of Content
APRIL 1, 2024
In surveys conducted for the STM Association in 2014 and 2020, hundreds of early-career staff working in scholarly publishing disclosed surprising details about their career ambitions and the barriers they face to realize them. European Science Editing , a peer-reviewed open-access academic journal of the European Association of Science Editors, published a report on those surveys in May 2022.
IP Law 360
APRIL 1, 2024
The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a longstanding licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.
Indiana Intellectual Property Law
APRIL 1, 2024
Following a recent trial, a jury in the U.S. District Court in South Bend, Indiana delivered a resounding win for recreational vehicle giant Forest River Inc. The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., a ruling that could have significant implications for the industry.
IP Law 360
APRIL 1, 2024
Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a North Carolina false advertising and unfair business practices suit involving rival pool supply companies.
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