Plagiarism Today
JULY 1, 2024
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.
Erik K Pelton
JULY 1, 2024
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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TorrentFreak
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
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
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
TorrentFreak
JULY 1, 2024
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.
IP Law 360
JULY 1, 2024
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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.
Technology & Marketing Law Blog
JULY 1, 2024
A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess. They packed dozens of undertheorized policy ideas into poorly drafted omnibus bills that never represented a serious attempt at policy-making.
SpicyIP
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
The IPKat
JULY 1, 2024
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
JD Supra Law
JULY 1, 2024
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.
IP Watchdog
JULY 1, 2024
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
JD Supra Law
JULY 1, 2024
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.
43(B)log
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
The IPKat
JULY 1, 2024
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
JD Supra Law
JULY 1, 2024
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.
IP Watchdog
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
IP Law 360
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
Selvam & Selvam Blog
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
IP Law 360
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
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.
IP Law 360
JULY 1, 2024
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.
JD Supra Law
JULY 1, 2024
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.
IP Law 360
JULY 1, 2024
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.
IP and Legal Filings
JULY 1, 2024
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 Law 360
JULY 1, 2024
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.
Likelihood of Confusion
JULY 1, 2024
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.
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