Erik K Pelton
OCTOBER 23, 2024
Erik shares details about what differentiates patents, trademarks, and copyrights from each other in this episode. The post 25 Differences Between Patent, Copyright and Trademark appeared first on Erik M Pelton & Associates, PLLC. Erik shares details about what differentiates patents, trademarks, and copyrights from each other in this episode.
JD Supra Law
OCTOBER 23, 2024
The rapid advancement of generative artificial intelligence technologies has revolutionized various industries by automating complex tasks, creating content, and enhancing decision-making processes. However, it also poses significant business risks and ethical dilemmas. Because this technology is so easy to use and exploding in capabilities, it is crucial that companies establish a comprehensive GenAI policy.
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IP Watchdog
OCTOBER 23, 2024
On October 21, Los Angeles-based film production company Alcon Entertainment filed a lawsuit in the Central District of California alleging copyright infringement and false endorsement against automaker Tesla, its CEO Elon Musk and media conglomerate Warner Bros. Discovery. The suit claims that these parties are responsible for the creation of an artificial intelligence (AI) generated image of Tesla’s Cybercab using iconic imagery from Alcon’s 2017 theatrical release Blade Runner 2049.
SpicyIP
OCTOBER 23, 2024
Image from here. Nation’s Third, A New IPD at Calcutta High Court! Later but not late. In the gazette notification dated 2oth September 2024 the Intellectual Property Rights Division Rules of the High Court, Calcutta, 2023 were notified. Vide the Rules, the following two divisions were constituted in the Calcutta High Court: the Intellectual Property Rights Division (IPRD) and the Intellectual Property Rights Appellate Division (IPRAD).
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
OCTOBER 23, 2024
A Second Circuit panel appeared divided Wednesday over whether a Los Angeles man should be liable for infringing Hermès International's handbag trademarks with his "MetaBirkins" nonfungible tokens, with two judges seemingly siding with the Paris designer and one with the purported artist.
SpicyIP
OCTOBER 23, 2024
Recently, Delhi High Court granted an interim injunction to Zydus against social media influencer Prashant Desai’s allegedly disparaging post on nutritional health drinks. SpicyIP Intern Manya Gupta analysis the Court’s rationale on disparagement and assesses the implication of this order on free speech. Manya is a fourth year student at the National Law University, Delhi.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
OCTOBER 23, 2024
In today’s rapidly evolving digital landscape, the intersection of technology and entertainment raises new challenges and opportunities in the realm of talent partnerships. With generative artificial intelligence’s growing role in content creation, advertisers are leveraging AI-driven tools to enhance their marketing strategies.
TorrentFreak
OCTOBER 23, 2024
More than twelve years after an unprecedented law enforcement operation shut down file-sharing giant Megaupload, founder Kim Dotcom remains in New Zealand. The battle to avoid extradition to the United States has been fought tooth and nail, year in and year out, in various New Zealand courts. With no stone left unturned, no expense spared, and no point of leverage too microscopic to test to destruction, no person alive can claim the process wasn’t thorough.
Kluwer Copyright Blog
OCTOBER 23, 2024
The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA). [1] ALLEA, therefore, welcomes the recognition in the laws of an increasing number of European countries of so-called ‘Secondary Publication Rights’ (SPRs) that allow publicly funded researchers to make their published articles available on institutional websites and non-profit online repositories, regardless
JD Supra Law
OCTOBER 23, 2024
Though unutilized for the first 18 months of its life, a recent presidential delegation suggests that the administration may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act of 2022.
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.
The TTABlog
OCTOBER 23, 2024
Fiji Water opposed an application to register the mark FIJIAN SPICE COMPANY & Design , shown below, for spices [SPICE COMPANY disclaimed], alleging a likelihood of confusion with its registered mark FIJI for "“natural, spring and artesian water for drinking." Applicant Hitesh Patel employed a rope-a-dope strategy, taking no testimony and submitting no evidence and no trial brief.
JD Supra Law
OCTOBER 23, 2024
Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper attorneys Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).
IP Watchdog
OCTOBER 23, 2024
A recent petition to the U.S. Supreme Court urges the Justices to take up the question of whether Judge Pauline Newman’s effective removal from the court by her peers is constitutional and “whether such an act undermines the impartiality and integrity of patent appeals adjudication by depriving the patent owner of a fair hearing before a duly constituted appellate panel?
JD Supra Law
OCTOBER 23, 2024
What happens if two-thirds of the U.S. Supreme Court justices have a conflict of interest in a case presented before the Court? The speculative possibilities are abundant in such a situation—do all of the affected Justices have to agree to recuse? What if only some, but not all, recuse?
IP Law 360
OCTOBER 23, 2024
A financial trading platform provider has sued SAP for trademark infringement in a London court, alleging that the software giant's "Joule" artificial intelligence tool infringes its TMs over the same word.
JD Supra Law
OCTOBER 23, 2024
UTTO Inc. v. Metrotech Corp., No. 2023-1435 (Fed. Cir. (N.D. Cal.) Oct. 18, 2024). Opinion by Taranto, joined by Prost and Hughes. UTTO owns a patent directed to detecting and identifying underground utility lines, which the patent calls “buried assets.” UTTO sued Metrotech for both patent infringement and tortious interference with prospective economic advantage under California law.
IP Law 360
OCTOBER 23, 2024
A Seattle federal judge has agreed that a dental health insurer litigated an "objectively specious" trade secrets lawsuit against two of its former company officials, but ruled that not enough showed it was pursuing the case "in bad faith.
JD Supra Law
OCTOBER 23, 2024
The PTAB Review begins by exploring collateral estoppel from unpatentability determinations in inter partes review (IPR) proceedings. Next, it summarizes recent developments at the U.S. Patent and Trademark Office relevant to IPRs and other PTAB proceedings. Finally, it reviews a recent Federal Circuit decision addressing expert qualifications as relevant to PTAB proceedings.
IP Law 360
OCTOBER 23, 2024
A New York federal judge Wednesday agreed to hold a new damages trial in Cognizant affiliate TriZetto's trade secret misappropriation and copyright infringement dispute with Syntel, a development that comes after the judge wiped out $200 million in damages awards in favor of TriZetto earlier this year.
JD Supra Law
OCTOBER 23, 2024
On July 17, the Canadian Patent Office launched MyCIPO Patents. The highly anticipated new database and filing system allows for immediate application number confirmation when filing online, confirmation of electronic submissions and immediate payment receipts. MyCIPO promises alignment with World Intellectual Property Organization (WIPO) ST.27 status.
IP Law 360
OCTOBER 23, 2024
A division of the U.S. Copyright Office that started hearing disputes involving smaller dollar amounts about two years ago has seen a steady flow of claims being filed since it began, most of which focus on pictures and graphics, according to a new report.
JD Supra Law
OCTOBER 23, 2024
Apple Inc., v. Masimo Corp. et al., No. CV 22-1377, 2024 WL 4436629 (D. Del. Oct. 7, 2024) - Designing functional features on a device will not make you an inventor for design patents on the device! The District of Delaware (“the court”) recently held that Apple Inc.’s (“Apple”) design patents were not unenforceable due to inequitable conduct because Apple’s engineers did not design any ornamental features within its Apple Watch design patents and therefore were not inventors of the designs.
IP Law 360
OCTOBER 23, 2024
Taiwan's Acer Inc. wants to wipe out a jury's $10.3 million award for U.S. rival SVV Technology Innovations Inc. over optical-film patents for monitors, telling a Texas federal judge a new trial is needed.
Stock Legal Blog
OCTOBER 23, 2024
As we’re mapping out a M&A deal, one thing that often comes as a surprise to clients is the number of agreements required to make up a transaction. It can be quite a task to keep track of, negotiate, and arrange signing logistics for even one agreement, so why bring five or six different agreements to one transaction?
IP Law 360
OCTOBER 23, 2024
President Joe Biden on Wednesday announced two new judicial nominees for the Central District of California and Southern District of California, picks that include a Los Angeles County judge and federal magistrate judge.
Intepat
OCTOBER 23, 2024
In the realm of intellectual property, copyright and moral rights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moral rights emphasize the personal and reputational interests of the creators. This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age.
IP Law 360
OCTOBER 23, 2024
Financial services company Ameriprise will arbitrate claims that a father-son pair of ex-employees took confidential records "in the dark of the night" on their way out the door to work for a competitor, the Financial Industry Regulatory Authority has determined.
Intepat
OCTOBER 23, 2024
Introduction Nunc Pro Tunc is a Latin maxim which means ‘Now for then’. It is generally used by the courts to retroactively pass an order or ruling. It is further being used in the transfer of Intellectual Property rights. The transfer of IPRs usually takes place via assignment and licensing agreements. Usually, in assignment agreements, the date of entering the agreement coincides with the operative date however, in case of Nunc Pro Tunc assignment agreements, the operative date precedes the da
IP Law 360
OCTOBER 23, 2024
Washington federal prosecutors and Huawei have both asked to delay until 2026 a trial in a case accusing the company of stealing T-Mobile's trade secrets, noting the complexity of the case and difficulties the attorneys for the Chinese chipmaker have had communicating with witnesses.
Likelihood of Confusion
OCTOBER 23, 2024
Originally posted 2006-03-23 23:45:02. Republished by Blog Post PromoterWired News: Finding Humor in Meat Patents: “Meat patents”? Taken individually, patents can be humorous in themselves. But taken as a whole, Wright finds that patterns in the patent application pipeline reveal absurd and disturbing truths about society’s attitude toward its security, its pets and its meat.
IP Law 360
OCTOBER 23, 2024
The Chicago-based company that makes Pizza Puffs is asking an Illinois federal judge to stop Little Caesars from calling its latest product "Crazy Puffs," arguing the chain is infringing trademarks it has held for nearly half a century.
Patently-O
OCTOBER 23, 2024
By Dennis Crouch A compelling new petition for certiorari submitted by Island Intellectual Property LLC challenges both the Federal Circuit’s frequent use of one-word Rule 36 affirmances and what petitioner sees as an improper Federal-Circuit patent-specific exception to summary judgment standards. I like this case as an important vehicle for addressing transparency issues that have been plaguing patent appeals for years.
IP Law 360
OCTOBER 23, 2024
A patent owner has urged the U.S. Supreme Court to review the Federal Circuit's one-word decision affirming summary judgment in favor of TD Ameritrade in a high-stakes patent fight, saying the appellate court is routinely and summarily affirming orders that ignore factual disputes in patent cases, without explanation.
IP and Legal Filings
OCTOBER 23, 2024
Introduction William Shakespeare in his famous play “Romeo and Juliet” wrote “What’s in a name? That which we call a rose by any other name would smell as sweet.” [1] Shakespeare couldn’t have foreseen the importance a name could hold and that a lot is actually in a name. This is because names mean so much in today’s society, especially when it comes to business and intellectual property.
IP Law 360
OCTOBER 23, 2024
Amazon has asked U.S. District Judge Alan Albright a jury verdict behind a $136 million judgment it owes for infringing patents covering online ad space auctions, saying the small advertising software plaintiff's expert couldn't back up his infringement finding.
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