TorrentFreak

APRIL 5, 2024

For the best part of 15 years, maybe more, Sweden was rarely out of the piracy headlines. Kept busy by the endless antics of The Pirate Bay, there was always some type of chaos to contend with, and that kept everyone very busy. With an entire generation exposed to piracy thanks to the most notorious pirates of them all, there was always a question mark over Sweden’s ability to turn its back on The Pirate Bay in favor of legitimate services.

Reporting 107

Reporting Marketing Marketing Copying 107

IP Law 360

APRIL 5, 2024

French Montana has told an Illinois federal judge that a young musician who alleged that the rapper sampled his song to make his hit single "Ain't Worried About Nothin'" should cover the attorney fees and litigation costs he spent defending the "frivolous" copyright lawsuit, suggesting that he only filed it to gain publicity.

IP 98

IP Litigation Copyright 98

TorrentFreak

APRIL 5, 2024

Private torrent trackers with Danish roots have long been the go-to place for file-sharers in Denmark. Not anymore. Starting in the fall of 2020 , Danish law enforcement toppled several thriving torrent communities. With help from local anti-piracy group Rights Alliance , DanishBits, NordicBits, ShareUniversity, Asgaard and others were systematically dismantled.

IP 101

IP Copyright Infringement Copyright Law 101

IP Law 360

APRIL 5, 2024

An Illinois federal judge refused on Friday to spell out exactly what Hytera Communications should tell a Chinese court to lift the U.S. judge's hefty sanctions and halt the foreign litigation that the company participated in against her orders, saying it is Hytera's responsibility to unwind the situation the company created for itself.

Litigation 94

Litigation 94

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?

Technology

JD Supra Law

APRIL 5, 2024

During the ANA Advertising Law One Day Conference at Katten’s New York office on March 20, Intellectual Property Partners Kristin Achterhof and Michael Justus, who leads the firm’s Artificial Intelligence (AI) Working Group, hosted a panel discussion about the legal and regulatory challenges of generative AI (GenAI), particularly as it relates to marketing and advertising.

Intellectual Property 80

Intellectual Property Advertising Advertising Marketing 80

IP Law 360

APRIL 5, 2024

Nixon Peabody LLP has brought on a pair of patent attorneys to its Chicago office, including a partner who has made the move from lighting company DVA Holdings LLC.

IP 95

IP Patent 95

IP Law 360

APRIL 5, 2024

Sprint Communications Inc. maintained a trademark on its line of walkie-talkie devices and deserved a $4.5 million jury award against an imitator for its unlawful use of the device name and distinctive "chirp" noise, according to an Eleventh Circuit panel ruling.

Trademark 64

Trademark 64

JD Supra Law

APRIL 5, 2024

Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 Delve into the legal terrain of influencer marketing from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from Weintraub Tobin navigate the complexities of brand deals with expert insights on safeguarding your brand partnerships on this episode of “The Briefing.”.

Social Media 73

Social Media Branding Branding Brands 73

Corsearch

APRIL 5, 2024

On March 19th, the trademark community came together in the heart of New York City for an exclusive event that promised to be both informative and enriching. Alt Legal joined forces with Corsearch to present ‘Alt Legal and Corsearch Live’, an event tailored for trademark professionals eager to stay at the forefront of industry trends and advancements.

Trademark 59

Trademark Confidentiality Branding Branding 59

JD Supra Law

APRIL 5, 2024

Does an artificial intelligence (“AI”) company have the right to use copyrighted content to train its AI model? That question is being reviewed where two giants have squared off in a case where the New York Times sued OpenAI and Microsoft, the companies behind ChatGPT, for copyright infringement in federal court in New York City.

Fair Use 71

Fair Use Copyright Infringement Copyright 71

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.

Patent

IP Law 360

APRIL 5, 2024

The U.S. Patent and Trademark Office received a win on Friday when the Federal Circuit found that since Sumitomo Pharma's patent on a dosage regimen for a schizophrenia drug expired just before the appeals court heard oral arguments, the company's appeal of a decision invalidating all the claims is moot.

Patent 59

Patent Trademark 59

JD Supra Law

APRIL 5, 2024

In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content, AI is revolutionizing how images are created, shared, and consumed. This technological progress also raises complex legal questions, especially regarding copyright infringement and the standard for awarding statutory damages for copying photographs from the internet without.

Copyright Infringement 71

Copyright Infringement Intellectual Property Law Copyright Intellectual Property 71

43(B)log

APRIL 5, 2024

Corbett v. PharmaCare U.S., Inc., 2024 WL 1356220, No. 21cv137-JES (AHG) (S.D. Cal. Mar. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Plaintiffs allege consumer protection and breach of warranty claims based on PharmaCare’s Sambucol product, a dietary supplement that is advertised to “support immunity” and contain a proprietary extract of black elderberry.

Branding 59

Branding Branding Brands Advertising 59

JD Supra Law

APRIL 5, 2024

Dear Readers, This issue of Trademark Insight once again summarizes a number of interesting decisions from the past few months, including the following key cases: As always, we also report on current case law on the likelihood of confusion and distinctiveness of trademarks.

Trademark 71

Trademark Reporting Law 71

43(B)log

APRIL 5, 2024

BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc., F.4th -, 2024 WL 1356981, Nos. 22-16190, 22-16281 (9 th Cir. Apr. 1, 2023) Over a dissent, the panel reverses the grant of summary judgment on noninfringement, reasoning that the overlap in the use of the (descriptive) word RAW between the parties’ somewhat related products was enough to avoid summary judgment—which should rarely be granted in trademark cases (ugh), despite major visual differences and the lack of actual confusion e

Registration 59

Registration Trademark Registering Trademarks Ownership 59

JD Supra Law

APRIL 5, 2024

According to research from Harvard Business Review, the vast majority—between 70 and 90 percent—of mergers and acquisitions fail. Successful corporate transitions begin by anticipating potential challenges.

Business 71

Business 71

IP Watchdog

APRIL 5, 2024

This week in Other Barks and Bites: Judge Pauline Newman responds in district court challenge to her suspension; Over 200 musical artists sign letter imploring tech companies to stop using AI to devalue artists’ work; a California district court denies a motion from tech giants, including Google and Apple, that sought to challenge USPTO IPR rule; and George Carlin’s estate successfully settles copyright infringement lawsuit with podcast that impersonated the comedian’s voice using AI.

Music 59

Music Artistic Work Copyright Infringement Copyright 59

JD Supra Law

APRIL 5, 2024

Protecting your company’s intellectual property by developing a patent strategy isn’t typically a priority for general counsel, but it should be if you want to fully monetize your company’s assets. For every startup, there is a healthy checklist of business action items right from the start. Product development, market validations, customer acquisition, compliance, marketing positioning and branding, and financial management are typically in the lineup, especially early on in the process.

Intellectual Property 68

Intellectual Property Patent Branding Branding 68

IP Law 360

APRIL 5, 2024

Georgia-based intellectual property firm Bekiares Eliezer LLP has sued an attorney in Florida federal court, alleging he marketed his services with a name similar to its "Founders Legal" brand.

Intellectual Property 59

Intellectual Property Branding Branding Brands 59

JD Supra Law

APRIL 5, 2024

Collegiate merchandise licensing is a thriving and lucrative business generated by the immense popularity and widespread support for college sports teams and institutions. Universities and colleges have devoted fan bases comprising of alumni, students and supporters who eagerly purchase branded products to show their allegiance.

Licensing 66

Licensing Branding Branding Brands 66

IP Watchdog

APRIL 5, 2024

The Air Force Civilian Service (AFCS) is looking for a Patent Attorney (NH-1222-04) to join the team at the Air Force Materiel Command Law Office at Wright-Patterson AFB, Dayton, OH. The primary purpose of this position is to provide Intellectual Property legal services including preparing and prosecuting patent applications; advising Air Force employees on rights in inventions, patents, and other intellectual property; and legal reviews of instruments for the transfer of Air Force technology.

Intellectual Property 59

Intellectual Property Patent Patent Application Invention 59

JD Supra Law

APRIL 5, 2024

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This periodic digest is designed to keep you up-to-date by highlighting interesting PTAB, district court, and Federal Circuit decisions relating to emerging post-grant issues.

Litigation 63

Litigation Design Designs Patent 63

SpicyIP

APRIL 5, 2024

Image from here [ This post is authored by SpicyIP intern Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here.] Recently, the Madras High Court delivered two seemingly contradictory judgements (on the same day by the same judge!

Reporting 59

Reporting Patent Intellectual Property Designs 59

JD Supra Law

APRIL 5, 2024

The Patent Trial and Appeal Board recently found claims directed to a web-based point of sale system and method unpatentable as obvious after conducting a thorough examination of whether a reference with one common inventor constituted prior art. In doing so, the board relied on its finding that there was no enforceable obligation of assignment….

Art 61

Art Ownership Inventor Patent 61

The TTABlog

APRIL 5, 2024

Here are three recent TTAB decisions that you may find of interest. Some of you may remember a rock-and-roll group called " The Young Rascals ," later called "The Rascals" once they got older. Three of the original members are still involved in a dispute over use of the name. As part of a long running battle over the mark DERMAPEN, the Board deemed that mark abandoned because the respondent's parent was the user of the mark but the registration was owned by a subsidiary.

Registration 57

Registration Music Litigation IP 57

JD Supra Law

APRIL 5, 2024

A district court recently precluded a patent attorney from testifying as an expert in a patent infringement lawsuit where the proposed expert lacked the requisite technical expertise to assist the trier of fact in understanding the evidence. The accused infringer in the case proffered an expert with a degree in mechanical engineering, a Juris Doctor, and an LLM in intellectual property law to opine.

Intellectual Property Law 61

Intellectual Property Law Intellectual Property Patent Patent Infringement 61

IP Law 360

APRIL 5, 2024

The U.S. International Trade Commission overstepped its authority in banning the import of the Apple Watch after finding it infringes Masimo Corp. patents on technology measuring oxygen in blood, Apple told the Federal Circuit on Friday, saying Masimo rushed its claims before the commission without having a product practicing the asserted patents.

Technology 52

Technology Patent 52

JD Supra Law

APRIL 5, 2024

Nintendo of America’s (Nintendo) recent dispute against emulator developer, Tropic Haze, has highlighted major questions of intellectual property (IP) in the gaming sphere. This alert explores the background behind Nintendo’s dispute, its resolution, and corresponding legal and business ramifications.

Intellectual Property 61

Intellectual Property IP Business 61

IP Law 360

APRIL 5, 2024

Abbott Laboratories told a New York federal judge Friday that the company has settled what remains of its trademark litigation campaign against makers of gray market diabetes test strips that has been going on since 2015.

Marketing 52

Marketing Marketing Litigation Trademark 52

JD Supra Law

APRIL 5, 2024

The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt beverages) in a trademark licensing agreement was ambiguous. Cerveceria Modelo de Mexico, S. de R.L. de C.V. v. CB Brand Strategies, LLC, Case No. 23-810 (2d Cir.

Branding 61

Branding Branding Brands Licensing 61

IP Law 360

APRIL 5, 2024

The Federal Circuit decided on Friday to leave unchanged a handful of patent board rulings lost by a bankrupt mobile tech company that has since launched suits against streamers such as Hulu and the fuboTV brand.

Patent 52

Patent Branding Branding Brands 52

JD Supra Law

APRIL 5, 2024

In the ever-expanding landscape of e-commerce, the presence of unauthorized resellers can pose significant threats to a brand’s reputation and bottom line. Brands should take a proactive approach in combatting unauthorized resellers.

Branding 58

Branding Branding Brands 58

IP Law 360

APRIL 5, 2024

Intel brought its effort to secure a ruling that it has a license to VLSI chip patents in a multibillion-dollar dispute to a Texas court Friday, after a California judge unsealed a dismissal order holding that contract language barred her from deciding the issue.

Licensing 52

Licensing Contracts Patent 52

JD Supra Law

APRIL 5, 2024

Much like secondary considerations, non-infringing alternatives fit imperfectly within many scheduling orders. The patentee has the burden of proof on damages, but it is the accused infringer who must prove that any non-infringing alternatives (which frequently drive damages verdicts) were available during the damages period and acceptable to customers who purchased the accused product.

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58

IP Law 360

APRIL 5, 2024

A company managing the works of famed astronomer Carl Sagan said it has the rights to the scientist's name and likeness, telling a Michigan federal judge that it has the standing to sue a software company for allegedly using Sagan's name without permission.

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