Plagiarism Today
JULY 23, 2024
Condé Nast sends cease-and-desist to Perplexity, Germany sells pirate site Bitcoin and USCO finalizes new registration rule. The post 3 Count: Perplexing Perplexity appeared first on Plagiarism Today.
Erik K Pelton
JULY 23, 2024
What are the distinctions between patents, trademarks, and copyrights? Erik breaks it down in this episode. To schedule a free initial consultation, visit [link] The post Patent, Trademark, and Copyright: Definitions and Differences appeared first on Erik M Pelton & Associates, PLLC. What are the distinctions between patents, trademarks, and copyrights?
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Plagiarism Today
JULY 23, 2024
VPN marketing makes it sound like they're a one-stop-shop for security. However, most people don't need and shouldn't want one. The post The Dangers of Using a VPN appeared first on Plagiarism Today.
Erik K Pelton
JULY 23, 2024
The following is an edited transcript of my book video Building a Bold Brand Chapter 4: Spectrum of Marks. Let’s assume you have a list of creative and inspired names for your product or company. You’ve sent several to your trademark attorney for consideration and you’re ready to make a final decision. Before you do that, there’s another key consideration.
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
JULY 23, 2024
Offering pirate streaming services is a serious offense in the UK, where several people have received multi-year prison sentences in recent history. These sentences haven’t deterred others from following in their footsteps. Illegal access to paid sports and TV content remains readily available, with vendors and operators profiting from these unauthorized subscriptions.
IP Watchdog
JULY 23, 2024
The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet today held a hearing, titled “IP Litigation and the U.S. International Trade Commission” (ITC), featuring four witnesses, most of whom were advocating for reforms to the current ITC process that many would characterize as anti-patent. Subcommittee Chair Darrell Issa (R-CA) explained that “recently there has been a growing chorus of voices suggesting the ITC is being misused for purposes other than its
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
JULY 23, 2024
The Patent Trial and Appeal Board must reconsider Netflix's petitions challenging the validity of a Broadcom unit's software performance monitoring patent, the Federal Circuit held Tuesday, finding flaws in the board's refusal to institute reviews.
Technology & Marketing Law Blog
JULY 23, 2024
Prof. Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * DRM-free PDF file. Price: $12 * Kindle. Price: $9.99 * Print-on-demand paperback from Amazon. Price: $30 + shipping and tax. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought.
Likelihood of Confusion
JULY 23, 2024
Originally posted 2011-04-21 00:20:15. Republished by Blog Post Promoter Mommy’s Time Out wine, a photo by Ron Coleman on Flickr. I couldn’t but snap the above shot of “Mommy’s Time Out” wine when I first saw it three years ago in the local wine store. And after all the vino I’ve downed in the last […] The post Mommy’s trademark infringement appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
JULY 23, 2024
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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.
Stock Legal Blog
JULY 23, 2024
You may have recently seen articles and advisory opinions from agencies such as Missouri’s Department of Health and Senior Services (“ DHSS ”) regarding the concerns over Delta-8 and Delta-9 products entering the Missouri market. Specifically, there is concern over the lack of regulatory oversight and safety testing standards for these products. In this blog we are going to discuss the differences between this “gas station weed” and the regulated and controlled adult-use and medical marijuana yo
IP Law 360
JULY 23, 2024
Apple Inc. is trying to make an "end run" around a California trial court by demanding that Omni Bridgeway LLC turn over documents explaining its financial interest in patent litigation against Apple based on "mere suspicion," the litigation funder has told a Delaware federal judge.
IP Close Up
JULY 23, 2024
It’s becoming clearer that generative AI chatbots vary widely in their ability to provide useful information.
Copyright Lately
JULY 23, 2024
A new case questions a long-held understanding of termination’s impact outside the United States. Did the court overstep its boundaries? While U.S. copyright termination laws are notoriously complex, one provision has always appeared straightforward: statutory termination “in no way affects” rights that arise under “foreign laws.” Case in point: In 2008, when the heirs of Superman’s co-creators were locked in a bruising legal battle with DC Comics, the court in Siegel v.
JD Supra Law
JULY 23, 2024
On June 13, 2024, the Supreme Court held that the Lanham Act’s prohibition on registering trademarks utilizing another person's name without consent was constitutional. In Vidal v. Elster 602 U. S. _ (2024), the Supreme Court reversed the Federal Circuit’s ruling that 15 U. S. C. §1052(c), the Lanham Act’s “names clause,” is unconstitutional. All nine justices concurred in the outcome but have not left a clear guide for analyzing viewpoint neutral restrictions on speech.
IP Watchdog
JULY 23, 2024
On July 16, the Unified Patent Court’s (UPC) Central Division (CD) in Munich revoked Amgen’s patent covering use of PCSK9-binding antibodies for treatment of cardiovascular disease. In its written decision the CD discussed the correct approach to claim interpretation and the assessment of inventive step. Amgen’s patent, the subject of this decision, is in the same family as the patents that are the subject of the U.S.
JD Supra Law
JULY 23, 2024
A federal appeals court recently applied a U.S. trade secrets law to sales outside the country, finding that Motorola was entitled to $407 million in damages from a foreign competitor for trade secrets misappropriation. A China-based company admitted to poaching key engineers who stole trade secrets and used them to develop a line of two-way radios identical to Motorola’s products.
IP Watchdog
JULY 23, 2024
After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and false advertising related to the pharmaceuticals Ozempic and Wegovy, Novo Nordisk—a 100-year-old pharmaceutical company with its origins in Denmark—is once again making headlines. Over the past few weeks, Novo Nordisk filed nine new lawsuits against small clinics, medical spas, and compounding pharmacies, alleging false advertising and trademark infringement.
JD Supra Law
JULY 23, 2024
On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C. § 101, patent applicants and patent litigation defendants are likely to scrutinize the guidance for insights that will help them secure (or as the case may be, to invalidate) new AI-related patents.
IP and Legal Filings
JULY 23, 2024
INTRODUCTION Artificial intelligence (AI) is a transforming power at the dynamic junction of art and technology. AI not only redefines our visual knowledge by reproducing portraits and historical events but also spreads its impact into the audio sphere, therefore transforming how we see and relate to sound as it evolves. The rise of voice cloning technology has brought a fresh perspective and underlined the broad influence of artificial intelligence across many spheres, generating a swirl in the
JD Supra Law
JULY 23, 2024
Under the Chevron doctrine, FDA and other agencies had significant flexibility to set policy where Congress left a gap or failed to speak clearly when enacting legislation—a common occurrence given the at-times sparse statutes that underly FDA’s vast regulatory domain. Under the new standard established in Loper Bright, the Court stated that the Administrative Procedures Act (APA) codifies the “elemental proposition reflected by judicial practice dating back to Marbury: that courts decide legal.
Patently-O
JULY 23, 2024
For several years, the most controversial part of the design patent world was patenting of portions of a display screen. But, things have moved forward with a steady flow of animated portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. For 2024, the numbers are just for the first half of the year.
JD Supra Law
JULY 23, 2024
With the rapid economic development in the society, the update and iteration speed of many products, especially electronic products, is accelerating. This situation has also given rise to a huge market for the recycling and resale of used goods, and a new industrial chain has been formed. Within the scope of the existing legal framework, based on some typical cases in judicial practice and my practical experience in handling similar trademark infringement disputes, this article will briefly.
The Trichordist
JULY 23, 2024
StubHub is at it again. Now we see why StubHub lobbyists have been trolling through state legislatures trying to codify their ripoff business model.
JD Supra Law
JULY 23, 2024
Backertop Licensing LLC v. Canary Connect, Inc., Appeal Nos. 2023-2367, -2368, 2024-1016, -1017 (Fed. Cir. July 16, 2024) Our case of the week focuses on the inherent power of the district courts to investigate fraud and misconduct. The Chief Judge of the District of Delaware commenced an investigation against patent monetization firms that brought several lawsuits in Delaware, and ultimately ordered a Texas-based representative to appear in person to testify.
IP Law 360
JULY 23, 2024
Wireless audio brand Sonos has warned the Federal Circuit that a federal judge's decision to scrap its jury win in a $32.5 million patent case against Google means that "about 100,000 patents are vulnerable.
JD Supra Law
JULY 23, 2024
The Patent Trial and Appeal Board has denied institution of an inter partes review, in part because the petitioner failed to show that a key reference qualified as prior art. The PTAB ruled that the petitioner was required to explain how a patent application publication was entitled to the priority date of a provisional application….
IP Law 360
JULY 23, 2024
A Texas federal judge shot down Samsung's attempt to throw out a $303 million verdict over infringement of server memory patents, saying the South Korean electronics giant's arguments that Netlist's comments prejudiced it during trial fell short in a July 12 opinion that was unsealed Tuesday.
JD Supra Law
JULY 23, 2024
In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including artificial intelligence (AI).”.
IP Law 360
JULY 23, 2024
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
43(B)log
JULY 23, 2024
Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * DRM-free PDF file. Price: $12 * Kindle. Price: $9.99 * Print-on-demand paperback from Amazon. Price: $30 + shipping and tax. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought.
IP Law 360
JULY 23, 2024
The full Federal Circuit on Monday denied a patent owner's en banc rehearing petition challenging a one-word ruling in favor of stockbroker TD Ameritrade in a high-stakes patent fight and effectively rejected an amicus party's legal challenge to the court's rule allowing one-word affirmance decisions.
Stock Legal Blog
JULY 23, 2024
I begin my day usually around 7:30 am. or at whatever hour of the morning my one-year-old tuxedo cat decides to wake me up. I first must attend to her needs, including her breakfast and opening up the sunny window, as otherwise she will meow incessantly until I do. Once that is done, I take a quick shower, prepare myself for the day while listening to a true crime podcast, and have some breakfast—complete with chai tea and (typically) black cherry Greek yogurt.
IP Law 360
JULY 23, 2024
A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase.
Stock Legal Blog
JULY 23, 2024
My day usually starts around 6:30 am, when I muster up the courage to get out of bed and make my morning coffee. My go-to is a vanilla cinnamon sugar cappuccino (although my frothed milk designs are still a work in progress). While sipping my coffee, I make my breakfast – typically eggs and toast with some fruit (this week it’s peaches)! I then pick a podcast to listen to as I eat, shower, and get dressed for the day.
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