Plagiarism Today
AUGUST 27, 2024
White Fragility Author Robin DiAngelo has been accused of plagiarizing her 2004 thesis. Here's a look at the severity of the allegations. The post ‘White Fragility’ Author Accused of Plagiarizing Doctoral Thesis appeared first on Plagiarism Today.
Erik K Pelton
AUGUST 27, 2024
When applying for a trademark, it’s important to use the correct classification for your goods and/or services. Erik shares 25 of the many different classifications for goods and services in this episode. The post 25 Classes of Goods and Services at the USPTO appeared first on Erik M Pelton & Associates, PLLC. When applying for a trademark, it’s important to use the correct classification for your goods and/or services.
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Plagiarism Today
AUGUST 27, 2024
Disney secures reversal in motion capture lawsuit, several pirate streaming sites shutter and gaming company wins trademark/copyright case. The post 3 Count: Disney Reversal appeared first on Plagiarism Today.
Erik K Pelton
AUGUST 27, 2024
The following is an edited transcript of Chapter 9 of my book video Building a Bold Brand: Registration: Better Late than Never Ideally, a business should protect its trademarks from the outset, filing as the brand launches or even earlier based on an intent-to-use the mark. However, if that opportunity has passed, it is still tremendously valuable to seek registration of a trademark, because having the trademark registered prior to a future infringement or dispute is really the key.
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
AUGUST 27, 2024
Pirate streaming sites are a major problem for Hollywood and according to rightsholders, several of the largest sites are operated from Vietnam. Vietnam has been a focal point for more than half a decade. It was also the home country for the 123Movies streaming empire before it was shut down in 2018. Initially, little was known about the reasons behind 123Movies’ demise but after a few months, the MPA and ACE confirmed that the Vietnamese streaming site had been targeted in an internationa
Patently-O
AUGUST 27, 2024
by Dennis Crouch This week a unanimous jury in Judge Albright’s W.D.Tex. courtroom filled out a very simple verdict form that favored the patentee Lashify over the accused infringer Worldbeauty, who sells drugstore lashes: Q: Did Lashify prove, by a preponderance of the evidence, that Worldbeauty has directly infringed the asserted claims of the asserted patents?
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
AUGUST 27, 2024
The Federal Circuit on Tuesday denied Apple Inc.'s request to expedite oral arguments in its appeal challenging the U.S. International Trade Commission's decision banning the tech giant from selling Apple Watches with a "blood oxygen" feature in the Masimo patent case.
SpicyIP
AUGUST 27, 2024
On July 5, 2024, Justice P.B. Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. These judgements emphasised the distinction between product and process for the patents and critically examined the validity of the prior art cited by the Controller as grounds for rejecting the applications.
JD Supra Law
AUGUST 27, 2024
Registering a trademark across multiple jurisdictions can be a complex process. Brand owners must strike a balance between maximizing protection across their jurisdictions of interest and managing both risks and costs to develop a cost-effective and commercially sound filing strategy.
IP Watchdog
AUGUST 27, 2024
Strong public policy regarding intellectual property (IP) protection is essential to fostering collaboration and an innovative ecosystem that fuels technological progress. Last autumn, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC), along with more than 30 partner individuals and organizations, released a Principles Document, outlining a series of principles for fostering strong IP.
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.
JD Supra Law
AUGUST 27, 2024
Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in their applications any Indigenous Peoples and/or communities that provided traditional knowledge on which the applicant drew in creating the invention sought to be patented.
The IPKat
AUGUST 27, 2024
The current (third) Trade Mark Directive (Directive (EU) 2015/2436, ‘TMD3’) contains two separate provisions dealing with deceptive trade marks. According to Art. 4(1)(g) TMD3 a trade mark may not be registered or, if registered, may be declared invalid if the trade mark is of such a nature as to deceive the public, for instance, as to the nature, quality or geographical origin of the goods or service.
JD Supra Law
AUGUST 27, 2024
Since their introduction in California in 1993, the sales and use taxation of technology transfer agreements has been the subject of significant litigation and a seemingly endless regulation project. In the past few months, there appears to be meaningful movement in the regulation project.
The IPKat
AUGUST 27, 2024
Starting with a brand new week, here is your weekly catch-up! Technology Law Image by Riana Harvey Katfriend Victoria Dipla reviewed the book Technology, Intellectual Property Law and Culture: the Tangification of Intangible Cultural Heritage by Megan Rae Blakely. It primarily focuses on Intangible Cultural Heritage (ICH) and its relationship with Intellectual Property and includes 8 chapters.
JD Supra Law
AUGUST 27, 2024
This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h) subpoena to seek to uncover this information. It is the court CLERK, not a federal JUDGE that issues the subpoena, which Plaintiff then will use to track down and seek settlements from alleged infringers.
43(B)log
AUGUST 27, 2024
World Nutrition Inc. v. Advanced Enzymes USA, No. CV-19-00265-PHX-GMS, 2024 WL 3665360 (D. Ariz. Aug. 6, 2024) The parties—here WNI and AST—sell enzyme supplements and sued each other under the Lanham Act, and both prevailed on their affirmative claims and got disgorgement. The claims generally related to enteric coating (that is, its absence despite the parties’ representations), though WNI also falsely advertised certain certifications.
JD Supra Law
AUGUST 27, 2024
In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under 35 U.S.C. § 101. This case provides interesting insights into the evidence that may be….
Technology & Marketing Law Blog
AUGUST 27, 2024
[This opinion from May just showed up in my alerts. I believe that’s because the court and parties are battling over redactions. There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. I still figure it’s worth flagging for the ways plaintiffs are reaching behind-the-scenes players.
JD Supra Law
AUGUST 27, 2024
As generative AI continues to be a hot topic in board rooms and an unavoidable reality on the front lines of business, leaders must make informed decisions when choosing AI vendors. The integration of AI into your operations can offer substantial benefits, but it also introduces unique risks and challenges.
IP Law 360
AUGUST 27, 2024
The widow of late "ER" creator Michael Crichton on Tuesday accused Warner Bros. Television of abandoning talks to reboot the popular hospital television series, only to turn around and launch a ripped-off version called "The Pitt," a move she called a "brazen disregard" of Crichton's estate's rights.
JD Supra Law
AUGUST 27, 2024
Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Appeal No. 2023-1035 (Fed. Cir. August 23, 2024) In its only precedential patent decision this week, the Federal Circuit helped clarify which facts may be considered by a district court in its “exceptional case” determination to award attorneys’ fees pursuant to Section 285.
IP Law 360
AUGUST 27, 2024
The NFL Players Association has accused DraftKings Inc. of failing to make good on a licensing agreement when the online sportsbook decided to cease payments after shuttering its nonfungible token marketplace in the wake of a civil suit that argued DraftKings' NFTs offended securities laws.
JD Supra Law
AUGUST 27, 2024
On August 15, 2024, Alvotech and Advanz Pharma announced that the European Medicines Agency (EMA) has accepted a Marketing Authorization Application for AVT06, Alvotech’s biosimilar of low dose (2 mg) EYLEA (aflibercept). Alvotech states that it expects that the process to obtain final market authorization could be completed by the third quarter of 2025.
IP Law 360
AUGUST 27, 2024
The director of the U.S. Patent and Trademark Office says a split administrative patent board got a phrase wrong when it ruled in April not to institute a review of a video game patent, ordering it to rethink its decision.
JD Supra Law
AUGUST 27, 2024
With around 3 billion people tuning in to each Olympic Games, and Paralympic Games viewership on the rise, the Olympics are some of the most widely watched televised events in the world. Athletes are not the only focus of such a large spotlight – brands, fashion designers, companies, and even the Olympics itself promote their branding, logos and symbols, and products.
IP Law 360
AUGUST 27, 2024
A small drug developer has hit the U.S. Patent and Trademark Office with a second lawsuit in Virginia federal court over the agency's latest rejection of the company's efforts to patent a different dosage of a drug the company markets to treat low blood pressure.
JD Supra Law
AUGUST 27, 2024
In Allergan USA v. MSN Labs, the US Court of Appeals for the Federal Circuit held, that later-filed, later-issued claims cannot serve as proper reference for invalidating earlier-filed, earlier-issued claims having the same priority date under obviousness-type double patenting (ODP), clarifying its decision in In re Cellect by explaining which reference claims can be considered proper for ODP analysis.
IP Law 360
AUGUST 27, 2024
A Scottish lawyer who alleges that Netflix's "Baby Reindeer" series defamed her through its portrayal of a violent stalker character urged a California federal judge Monday not to toss her lawsuit, arguing that the hate mail and death threats she's received prove that the public believes that the portrayal of her is true.
JD Supra Law
AUGUST 27, 2024
In December 2021, patent practice was upended by four related United States Patent and Trademark Office (USPTO) Patent Trial & Appeal Board (PTAB) decisions holding that patents subject to statutory Patent Term Adjustment (PTA) could be invalidated based upon the judicially created doctrine of Obviousness-Type Double Patenting (ODP), using earlier-expiring patents from the same family as references where those family members had no or less PTA.
IP Law 360
AUGUST 27, 2024
The U.S. International Trade Commission launched an investigation Tuesday into certain semiconductor devices and products that use gallium nitride technology after semiconductor manufacturer Infineon Technologies accused China-based chipmaker Innoscience of infringing several patents.
JD Supra Law
AUGUST 27, 2024
On August 13, 2024, the US Court of Appeals for the Federal Circuit held in Allergan v. MSN that “a first-filed, first-issued, later-expiring claim” cannot be invalidated for obviousness-type double patenting (ODP) “by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.” This decision clarifies the scope and applicability of the court’s In re Cellect decision, which held that a patent benefitting from patent term adjustment (PTA) under 35 US Code § 154(b)
IP Law 360
AUGUST 27, 2024
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
JD Supra Law
AUGUST 27, 2024
This is the July & August 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: New gTLDs lead domain growth in Q2 2024 / EURid publishes Q2 2024 Quarterly Update / Africa Domain Name Industry Study.
IP Law 360
AUGUST 27, 2024
Global beauty and cosmetics brand Revlon sued several former fragrance marketing executives and upstart competitor Give Back Beauty in New York federal court, alleging they stole trade secrets and breached contracts when luring Britney Spears' perfume line away from Revlon.
Likelihood of Confusion
AUGUST 27, 2024
Originally posted 2007-12-28 10:31:49. Republished by Blog Post PromoterThis important (pdf). As a New York Law Journal article (sub. reqd.) puts it, The Second Circuit’s decision in In re Literary Works substantially limits the use of class actions as a vehicle to settle copyright infringement cases. Survey evidence cited by the parties in the case […] The post How important is copyright registration?
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