Tue.Sep 03, 2024

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Be Like Taylor: 3 Swift Trademark Tips

Erik K Pelton

Taylor Swift’s musical success is undeniable, and her brand protection is equally impressive. Erik shares 3 trademark tips inspired by Taylor. The post Be Like Taylor: 3 Swift Trademark Tips appeared first on Erik M Pelton & Associates, PLLC. Taylor Swift’s musical success is undeniable, and her brand protection is equally impressive. Erik shares 3 trademark tips inspired by Taylor.

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‘Pirate’ Site nHentai Sued in U.S. Court for Copyright Infringement

TorrentFreak

Manga and anime have become increasingly popular in recent years. These formats originate in Japan, but they are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above. With a growing audience of many millions of fans, hentai is also benefiting from the boom. As with any type of media, not all consumers are paying for access.

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Today’s Trademark Registration is More Valuable than Ever

Erik K Pelton

The following is an edited transcript of Chapter 10 of my book video Building a Bold Brand: Trademark Registration is More Valuable than Ever Protecting your trademark provides more benefits than at any time in history: Simply appearing in the USPTO’s online database can prevent someone who otherwise would have adopted a similar name for a similar product or service from going forward with that name.

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Akin Intelligence - July 2024

JD Supra Law

Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent and Trademark Office (USPTO), updated guidance for secure development and risk management from the National Institute of Standards and Technology (NIST), and the long-awaited report on open-weights from the National Telecommunications and Information Administration (NTIA).

Editing 80
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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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DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute

SpicyIP

[ This post is co-authored with Tejas Misra. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. His previous posts can be accessed here. ] On 21st August 2024, the Delhi High Court in Louis Vuitton Malletier v. www.haute24.com & Ors. issued a significant order directing for a permanent injunction and INR 5,00,000 as damages to Louis Vuitton for the unauthorized use of the brand’s copyrighted photos and

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Market to Market: Where, What, and How – Trademarks & the Olympic Games (Part 3)

JD Supra Law

The 2024 Summer Olympic Games have ended, the 2024 Summer Paralympic Games have begun, and this article brings to a close our three-part series on Trademarks & the Olympic Games. In June, we reviewed from where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights, and in July we explored what trademarks the USOPC owns.

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Franchisee 101: Non-Compete Jumpstarted in Bankruptcy

JD Supra Law

A Michigan bankruptcy court held that a debtor-franchisee seeking to reject a franchise agreement for an auto repair center could not reject either a stand-alone confidentiality agreement with the franchisor or the non-compete and confidentiality provisions included within the franchise agreement. The court determined that these provisions were neither executory nor subject to rejection under the Bankruptcy Code.

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In Win for Amazon, CAFC Okays Alice Step Two Inquiry at Alice Step One

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a district court’s finding that patent claims directed to “receiving metadata and organizing the display of video content based on that metadata” are abstract. The CAFC also rejected the patent owner’s argument that the district court improperly performed an Alice step two inquiry at Alice step one.

Patent 65
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Are Literal Infringement and the Doctrine of Equivalents the Same Issue?

JD Supra Law

Before Prost, Taranto, and Chen. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Literal infringement and infringement under the doctrine of equivalents are treated as the same issue for issue preclusion.

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Keeping up with Belgian patent litigation: Year case law review 2023

The IPKat

The BelgianKats leaning into some favorite pastimes (sans the beer, chocolate, frites.just the moules and patent law please) With patent practitioners diligently keeping pace with the UPC’s numerous decisions over the past year, the AmeriKat's IP friends over at Stibbe has made sure that the IPKat's readers do not miss out on what’s been happening in Belgian courts.

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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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Patent Poetry: Artist Loses Bid to Reinstate Claim over LeBron James Tattoo in Video Game

JD Supra Law

A federal district court in Ohio has rejected an attempt by a tattoo artist to reinstate his case against video game company Take-Two. The artist claimed that the company infringed his copyright in tattoos worn by basketball star LeBron James.

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August 2024 Roundup of Copyright News

Copyright Alliance

In August, Congress was in recess, but major copyright cases were being heard and decided by the courts, including those related to AI and secondary copyright liability. Here is a […] The post August 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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Regeneron Files BPCIA Complaint Against Sandoz Regarding Aflibercept Biosimilar

JD Supra Law

On August 26, 2024, Regeneron filed a BPCIA complaint in the District Court for the District of New Jersey against Sandoz Inc. related to Sandoz’s ENVEEZU (aflibercept-abzv).

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3rd Circ.: Biotech Must Pay Royalties Despite Expired Patents

IP Law 360

A cancer drug biotechnology company must pay royalties to a research firm despite the expiration of the applicable patents, a Third Circuit panel ruled in a precedential decision Tuesday, concluding that the biotech's royalty obligation is calculated differently than the one in a U.S. Supreme Court case it cited.

Patent 59
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Private Sale Not Necessarily Public Disclosure Under Section 102(b)(2)(B)

JD Supra Law

In Sanho Corp. v. Kaijet Technology International Limited, Inc, the Federal Circuit affirmed the PTAB’s decision finding obvious all challenged claims of the ‘429 patent, which relates to a device that provides ports for connecting peripherals to a computer. The court’s affirmation clarifies that a private sale does not necessarily publicly disclose subject matter under § 102(b)(2)(B).

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CAFC Affirms Dismissal of Tribe of Two’s Opposition Against TT Trademark Application

IP Watchdog

Today, the U.S. Court of Appeals for the Federal Circuit issued a decision in Tribe of Two, LLC v. Katherine Vidal affirming the Trademark Trial and Appeal Board’s (TTAB) dismissal of opposition proceedings filed by Italian luxury handbag designer Tribe of Two. The Federal Circuit agreed with the TTAB’s conclusion that there was no likelihood of consumer confusion due to the visual differences between Tribe of Two’s asserted mark and the challenged mark filed by Eritaj Design Corporation, tossin

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AI News Roundup – California AI regulation bill, AI model collapse, AI updates to Alexa’s voice, 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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Empowering Women in IP: Bridging Gaps and Building Futures | IPWatchdog Unleashed

IP Watchdog

Last week we hosted our first annual Women’s IP Forum, which was a huge success. During early planning for the program USPTO Director Kathi Vidal was immediately enthusiastic and supportive. We were honored to have Director Vidal join us to kick off the program—a program that featured 100% women. In speaking with Renee Quinn at the program, Director Vidal would go on to discuss how she started down the STEM path and ultimately found herself with a career in law and specifically in the IP field.

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Tribe Of Two Loses Fed. Circ. Appeal Over Rival's 'TT' Mark

IP Law 360

The Federal Circuit on Tuesday rejected an appeal from a small handbag designer that claimed a potential rival wanted to register a trademark that used the letters "TT" in a similar way.

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Revolutionizing Trademark Registration: How AI Will Streamline and Boost Accuracy

Intepat

Trademarks are valuable IP assets, but the manual registration process may seem inefficient with AI revolutionizing this landscape by employing advanced tools, automating key steps from search to examination. AI systems leverage techniques like Natural Language Processing and Machine Learning to Fastrack trademark registration, enabling businesses to build brand loyalty, safeguard assets, and drive growth globally.

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R.J. Reynolds Stresses Reason To End $95M Royalties To Altria

IP Law 360

Tobacco giant R.J. Reynolds is pushing hard on a bid to end $95 million in royalty payments it owes to the parent company of Philip Morris after a patent infringement verdict, emphasizing to a North Carolina federal court that its deal with Juul to license vape pen technology can in fact be enforced retroactively.

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Stripes of Contention between Nike and Adidas on Protected Marks and Trademark Infringement

Intepat

Nike and Adidas, two giants in the sportswear industry, have a long history of competition and innovation. Nike, founded in 1964 in the US, is known for its cutting-edge designs and marketing. Adidas, established in 1949 in Germany, is famous for its iconic three-stripe design. These companies have not only competed in the market but also in the courtroom, with recent legal disputes focusing on trademark infringement, particularly regarding the design of sports trousers.

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Paul Newman's Daughters Must Lose IP Suit, Charity Says

IP Law 360

Two daughters of late Hollywood actor and philanthropist Paul Newman lack standing to pursue a Connecticut state court lawsuit that accuses their father's charity of failing to provide certain funds for donations and misusing his publicity and intellectual property rights, the organization said in seeking summary judgment.

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TTAB Reverses Section 2(d) Refusal of OCTAVE for Mental Health Services Due to Ambiguity in Cited Registration

The TTABlog

The Board overturned a refusal to register the mark OCTAVE for "outpatient mental health services delivered by licensed counselors," finding that the USPTO's evidence failed to support the refusal. The Office deemed applicant's mark likely to cause confusion with the identical mark registered for software and SAAS for use as a medical patient care management platform in the fields of neurology and autoimmune diseases and disorders.

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ITC Clears Amazon In Video Processing Patent Case

IP Law 360

The U.S. International Trade Commission has voted to reject infringement claims against Amazon over patents in the field of video processing, affirming a judge's initial finding with some modest adjustments.

Patent 52
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Bell, Rogers & MPA’s Pirate IPTV Lawsuit is a Slow-Motion Money Pit Nightmare

TorrentFreak

Pirate IPTV providers have a tendency to come and go, and some struggle to provide consistently high-quality streams. Through reliability, stability and quality, subscribers were attracted to the SmoothStreams brand; the availability of masses of unlicensed content was obviously the main reason to stay. SmoothStreams had been under investigation since 2018 and in the summer of 2022, major entertainment industry companies were at Canada’s Federal Court aiming to bring it all crashing down.

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Fed. Circ. Mulls PTAB Ruling's Effect On Liquidia Drug Launch

IP Law 360

A Federal Circuit panel on Tuesday grappled with whether a Delaware judge was correct to hold that Liquidia Technologies could launch a hypertension drug after a United Therapeutics patent the company was found to infringe was held unpatentable by the Patent Trial and Appeal Board.

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What is Software-as-a-Service?

Traverse Legal Blog

Introduction In today’s digital landscape, Software-as-a-Service (SAAS) has emerged as the primary model for delivering software applications to customers over the Internet. Whether you’re a business looking to streamline operations or an individual seeking the latest in tech, understanding what SAAS is and how it works is crucial. As a law firm representing software and technology companies, we take great pride in our industry-leading position providing legal services to top-tier software

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WDTX Judge Agrees To Ship Apple E-Wallet Patent Case To Calif.

IP Law 360

An Austin federal judge sent a patent case against Apple to California, finding "especially weighty" the tech giant's assertion that no employees relevant to the e-wallet infringement case brought by a Canadian company are located in the Western District of Texas and most are in the Golden State.

Patent 52
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Another Texas Online Censorship Law Partially Enjoined–CCIA v. Paxton

Technology & Marketing Law Blog

This case involves HB 18 , one of the multitudinous online censorship laws the Texas Legislature keeps spewing out. This particular one requires “digital service providers” to age-authenticate all users. [This law extends HB 1181, which also requires age-authentication by some porn sites. The challenge to that law is pending with the US Supreme Court now].

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Teva Patents Don't Belong In Orange Book, Fed. Circ. Told

IP Law 360

Amneal Pharmaceuticals Inc. is urging the Federal Circuit to preserve a lower court decision ejecting inhaler device patents from an important government database, arguing that the delisting, won in an infringement lawsuit from Teva Pharmaceuticals USA Inc., properly separated out device patents from drug patents.

Patent 52
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HQ Specialty Looks To Fix Patent Flaws After Delaware Trial

IP Law 360

HQ Specialty Pharma Corp. says it will correct flaws in its patent for an injectable calcium supplement that led a federal jury in Delaware to find it partially invalid last week and then will seek a court order to stop generic-drug maker Fresenius Kabi USA LLC from selling its allegedly infringing product.

Patent 52
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Amazon Prevails In Targeted Programming IP Fight At Fed. Circ.

IP Law 360

A patent licensing outfit trying to assert patents related to developing "video-on-demand" programming for cable companies was told Tuesday by the Federal Circuit that they cover abstract ideas.

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Colo. Panel Doubts Jury Instruction Can Upend $1.8M Award

IP Law 360

Colorado appellate judges appeared skeptical Tuesday that a state trial court was responsible for what an investor described as poor jury instructions that resulted in a nearly $1.85 million civil theft judgment, which he insisted was far too high, with one judge asking why the investor didn't sue his trial counsel over the supposed error.

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Nike Wins Pause Of Bra Patent Row As It Seeks PTAB Review

IP Law 360

Nike has been granted a pause of a case alleging its pocket-adorned sports bras violate a small Florida-based apparel company's patents while the athletic wear giant argues to the Patent Trial and Appeal Board that such bras are "far from new.

Patent 52