Mon.Jul 01, 2024

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3 Count: Counterfeit DVDs

Plagiarism Today

News nonprofit sues OpeAI, Internet Archive takes fight to Second Circuit and film producer faces liability over counterfeit DVDs. The post 3 Count: Counterfeit DVDs appeared first on Plagiarism Today.

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Can a book title be a registered trademark?

Erik K Pelton

The quick and short answer to “How can I protect a book title?” is that you can’t. But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. An author can register the same phrase or words for other products or services that they may provide.

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Nintendo Sues ‘Modded Hardware’ and r/SwitchPirates Moderator ‘Archbox’

TorrentFreak

Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. The Japanese gaming company won several lawsuits in recent history, shutting down websites that distributed pirated ROMs. Most notable, perhaps, was the criminal referral that resulted in the demise of the infamous hacking group Team-Xecuter.

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The Best is Yet to Come: The Milan Section of the UPC Central Division Opens Its Doors

IP Watchdog

Nearly a year has passed since the Administrative Committee’s Decision on June 26, 2023, amending the Unified Patent Court Agreement (UPCA) to move the London Section of the Central Division of the Unified Patent Court (UPC) of First Instance to Milan and to reallocate its competences between the Seat (Paris) and the two Sections of the Central Division (Munich and Milan), thereby aligning the UPCA with the consequences of Brexit.

Patent 93
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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UK ISPs Blocked 7,000+ Piracy Domains in the First Six Months of 2024

TorrentFreak

Next month will mark the 13th anniversary of the first site blocking injunction in the UK. Action by the major Hollywood studios against Usenet indexing site Newzbin led to ISP BT being ordered to block the service. That was just the beginning and in most cases today, major UK ISPs including BT, Virgin Media, and Sky, are supportive of site blocking requests and happily carry them out, despite increasing complexity.

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The Pitch - June 2024

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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EU Parliament Adopts SPC Reform Proposals: Clarifying the Protection Scope for Biologics

JD Supra Law

On February 28, 2024, following the European Commission's four 2023 proposals, the European Parliament adopted a legislative resolution on the amended proposal to create a Unitary Supplementary Protection Certificate ("USPC") and recast the existing Supplementary Protection Certificate ("SPC") regulations for medicinal products.

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Chamber Says USPTO Drug Patent Report Exposes ‘Activist’ Data as ‘Fake Facts’

IP Watchdog

The U.S. Chamber of Commerce today responded to a recent U.S. Patent and Trademark Office (USPTO) report that the Chamber says proves much of the data that is often cited as proof of life sciences companies abusing the patent system is “more fiction than truth.” According to the USPTO, the report, published on June 12, shows that “simply quantifying raw numbers of patents and exclusivities is an imprecise way to measure the intellectual property landscape of a drug product because not every pate

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Charter of the French Language: Quebec Publishes Amended Regulation

JD Supra Law

On June 26, 2024, the Quebec government amended its regulation relating to the application of Quebec’s language legislation in the context of commerce and business. The adoption of this Regulation to amend mainly the Regulation respecting the language of commerce and business (Amended Business Regulation) follows the publication of draft regulation in January 2024 and a consultation period.

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lawsuit against plaintiffs' expert witness fails on First Amendment grounds

43(B)log

LTL Mgmt. LLC v. Moline, 2024 WL 3219683, No. 23-02990 (GC) (JTQ) (D.N.J. Jun. 28, 2024) Not currently in bankruptcy, LTL—J&J’s solution to its talc woes—decided to sue a critic for her scientific conclusions about talc risks. The court dismisses J&J’s Lanham Act, trade libel, and common-law fraud claims. In 2020, Dr. Moline and several co-authors published an article in the widely read Journal of Occupational and Environmental Medicine.

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IPO Diversity in Innovation Toolkit

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.

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Tacking in Trademark Law: Even Big Brands Sometimes Miss the Mark

JD Supra Law

Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status. This article explores the significance of tacking as a vital strategy that allows businesses…Trademark law continues to be the cornerstone of brand identity.

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Never Too Late: If you missed the IPKat last week!

The IPKat

If you spent the last week of June enjoying the warmer weather rather than reading the IP news (for this Kat's part, she's been soaking up the Italian sunshine before the ATRIP Conference), here's the summary of what you missed. Trade Marks A Kat taking a break in the Tuscan shade. Photo by Jocelyn Bosse. This Kat reflected on the legal strategy of the brand owners who have suspended their operations in Russia after the invasion of Ukraine, but are seeking to maintain their Russian trade mark ri

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Québec Publishes Final Regulations Under Québec’s Charter of French Language, Broadening the Translation Exemptions for Trademarks – What Brand Owners Need to Know

JD Supra Law

On June 26, 2024, the Province of Québec released the long-awaited final amendments to the Regulation respecting the language of commerce and business (Regulation), which amend multiple French-language requirements, including trademark use provisions set out in the Charter of The French Language (The Charter) and its corresponding Regulation. The amendments to the Regulation attempt to clarify many uncertainties following the announcement and passage of Bill 96 on June 1, 2022, which introduced.

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BREAKING: Referral to the Enlarged Board of Appeal on claim interpretation confirmed (G1/24)

The IPKat

One or two referrals? We now have confirmation of the referral to the Enlarged Board of Appeal (EBA) on how and if the description should be used to interpret the claims of a patent (G 1/24). The following questions have been referred to the EBA in T 0439/22 : 1. Is Article 69(1), second sentence EPC and Article 1 of the Protocol on the Interpretation of Article 69 EPC to be applied on the interpretation of patent claims when assessing the patentability of an invention under Articles 52 to 57 EP

Art 60
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Actualités Législatives et Réglementaires – Mai 2024

JD Supra Law

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de mai 2024. Ces Actualités législatives et réglementaires vous sont communiquées à titre d'information. Elles n'ont pas vocation à être exhaustives ou à constituer un avis juridique.

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Prosecution Laches and the Death of Continuations | IPWatchdog Unleashed

IP Watchdog

Ordinarily, patent practitioners do not need to really think about prosecution laches, but laches has become a rather hot topic as the United States Patent and Trademark Office (USPTO) and courts have initiated what can only be characterized as an assault on an applicant’s statutory right to seek and file additional claims if those claims are supported by the initial disclosure.

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U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark Dispute

JD Supra Law

Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for nearly two decades. Now the dispute is going to the United States Supreme Court, which has agreed to hear Dewberry Group’s challenge to a $43 million profit disgorgement award a federal district court in Virginia entered in favor of Dewberry Engineers.

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Apple Scores Some Patent Board Reviews In Watch IP Fight

IP Law 360

Yet another front has opened in Apple's ongoing legal war with a small medical software company that claims the tech giant used its patents in a blood oxygen sensor found in the newer version of the Apple Watch.

Patent 59
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Supreme Court of Canada dismisses Apotex and Pharmascience’s applications for leave to appeal paliperidone inducing infringement decisions

JD Supra Law

As previously reported, the Federal Court of Appeal dismissed two decisions relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA), finding in a summary trial that each of Pharmascience and Apotex would induce infringement of Janssen’s patent.

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Dabur v. Dhruv Rathee: A Closure or Gateway for the Future? 

SpicyIP

In light of the recent settlement between Youtuber Dhruv Rathee and Dabur in a trademark and copyright infringement dispute, SpicyIP intern Aarav Gupta writes on how use of a mark in commentaries and critiques should not amount to infringement and highlights the larger public interest in such commentaries/ critiques. Aarav is a fourth-year law student at National Law University, Delhi.

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The USPTO Proposes a Radical Change to Terminal Disclaimer Practice: You Have an Opportunity to Comment

JD Supra Law

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking that, if enacted, would tie the enforceability of every claim of a patent subject to a terminal disclaimer to the validity of any claim of the reference patent.

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Kilpatrick Taps First Woman Atty To Lead IP Group

IP Law 360

Kilpatrick has elevated a longtime trademark partner based in Atlanta to lead its global intellectual property department, making her the first woman to lead the IP department.

IP 52
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ELVIS is Alive as Tennessee is First to Implement Rights of Publicity Protections Against AI Clones, Deepfakes, and Impersonations

JD Supra Law

The rise and widespread use of generative artificial intelligence (GenAI) continues to have major implications in the entertainment and music industries, particularly in relation to intellectual property. GenAI technologies, which continue to grow at a breathtaking rate, are capable of replicating the voices, images, and even the personalized styles of individuals including entertainers and musicians with great accuracy, thereby creating ample opportunity for potential misuses.

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Defending Your Brand: How to Use Social Media and E-Commerce Takedown Requests for Effective Trademark Protection

Selvam & Selvam Blog

As brands have begun to increasingly rely on digital platforms to reach and engage with their target audience, the risk of unauthorized use of trademarks and the sale of counterfeit products has also grown. Unauthorized pages and posts on social media can dilute a brand’s goodwill and reputation and confuse consumers. This holds especially true when it comes to counterfeit products sold on e-commerce platforms which not only pose legal risks but also threaten customer safety and satisfaction.

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USPTO Seeks Input On Experimental Use Exception To Patent Infringement And Possible Legislative Action

JD Supra Law

On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patent infringement and whether Congress should consider codifying the experimental use exception through legislative action. This follows from a string of other recent Notices where the USPTO is seeking public input on other areas of patent law, including a recent Notice of Proposed Rulemaking on Terminal.

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9th Circ. Cites Led Zeppelin In Affirming 'SmartBiz' TM Loss

IP Law 360

The Ninth Circuit on Monday affirmed a trial loss by the user of the "SmartBiz" trademark against Collins Cash, the user of the "Smart Business Funding" mark, citing the circuit's own ruling that sided with Led Zeppelin in a copyright dispute to find the lower court did not abuse its discretion when it declined to give the plaintiff's requested jury instruction.

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AI News Roundup – Music labels sue AI music generators, OpenAI creates CriticGPT, AI-generated Olympic coverage, and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.

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Dish Faces Appeal After Beating Jury's $469M Verdict

IP Law 360

A company that developed a way of skipping naughty scenes from movies wants the Federal Circuit to restore the $469 million that a jury in Salt Lake City ordered the satellite company Dish Network LLC to cough up for allegedly using those ideas to let customers skip commercials.

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Patent Invalidation Rates on the Rise at the PTAB

JD Supra Law

The Patent Trial and Appeal Board (PTAB) has seen a steady increase in the invalidation rate of patents in the past five years, reaching 71% for the first two quarters of 2024. In 2023, challenged claims were invalidated 68% of the time.

Patent 61
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Atty Warned To Not 'Gamble' In Bid To DQ Quinn Emanuel

IP Law 360

A California federal judge considering Bright Data's bid to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing X Corp. in the social media company's data scraping lawsuit suggested Monday that Bright Data's Proskauer Rose LLP counsel is "gambling" by withholding a document from the judge.

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Domain Name News: June 2024

JD Supra Law

This is the June edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Launch of.LOCKER / InternetNZ conducts conflicted names policy review / EURid publishes its 2024 Registrar Satisfaction Survey findings.

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Wolfgang Puck Judge Chops Sanctions Bids In Royalty Fight

IP Law 360

A Florida magistrate judge on Sunday rejected competing sanctions bids in a contentious lawsuit filed by celebrity chef Wolfgang Puck and interior designer Barbara Lazaroff claiming the owner of an appliance company hid assets to get out of paying a $2.4 million arbitration award for unpaid royalties.

Designs 52
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Wipo Treaty on Ip, Genetic Resources and Traditional Knowledge

IP and Legal Filings

INTRODUCTION Genetic resources (GRs) are defined in the Convention on Biological Diversity (CBD) 1992 as genetic material of a plant, animal, microbial or other origin containing functional units of heredity that has actual or potential value. Genes cannot be directly protected as intellectual property, but innovations made with them can be protected usually with the help of a patent.

IP 52
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Catching Up With Delaware's Chancery Court

IP Law 360

Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.

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Fools’ Blog Responds to "I Read Dead Peoples’ Email"

Likelihood of Confusion

Originally posted 2012-10-29 11:41:35. Republished by Blog Post PromoterActually responding to my post on the topic, Fools’ Blog: After Death E-Privacy [Link is now dead, sorry! — RDC]: With regard to the Marine’s privacy, does it apply now that he has passed? Many courts have held that privilege (legal, medical, confessional) does not survive death.