Plagiarism Today
DECEMBER 20, 2023
Hosts often receive massive numbers of copyright notices, few of which turn out to be false. Still, it's important to spot the fakes. The post 5 Warning Signs a Copyright Notice May Be False appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 20, 2023
Erik shares his annual roundup of this year’s top trademark trends in this podcast. The post Top Trademark Trends of 2023 appeared first on Erik M Pelton & Associates, PLLC. Erik shares his annual roundup of this year’s top trademark trends in this podcast.
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Plagiarism Today
DECEMBER 20, 2023
Disney motion capture case goes to the jury, BRIN claims man sends false takedowns to remove coverage, and sun powers cause accusations on X. The post 3 Count: Beauty and the Jury appeared first on Plagiarism Today.
JD Supra Law
DECEMBER 20, 2023
Legal basis of the judgment - Article 11 of the Interpretation of the Supreme People’s Court on Some Issues concerning the Application of Law in the Trial of Disputes over Infringement of Patent Rights gives the basic principle that the determination of identical or similar designs should take into consideration the overall visual effect based on the design features of the granted design and the accused infringing design.
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?
Patently-O
DECEMBER 20, 2023
Guest post by: Davidson Heath , Assistant Professor of Finance, Nathan Seegert , Associate Professor of Finance, and Jeffrey Yang. All authors are with the University of Utah David Eccles School of Business. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here.
The IPKat
DECEMBER 20, 2023
US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. This case is a textbook example of the EPO's strict approach to added matter. The decision highlights the inadequacy of mere lists of various features for satisfying the basis requirements in Europe.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Nelligan Law
DECEMBER 20, 2023
Reading Time: 2 minutes Ever wondered why Rudolph, the famed reindeer with the radiant red nose, hasn’t made it big on the silver screen alongside Santa? Buckle up for a jolly ride through the tangled web of copyrights and trademarks that keep Rudolph locked away from cinematic stardom. In a world where even reindeer have legal guardians, Rudolph’s character is shielded by copyright armor, and his name boasts the fortress of trademark protection.
IP Law 360
DECEMBER 20, 2023
A medical device company has agreed to pay $8 million to settle allegations that it stole a competitor's trade secrets to develop a spinal implant, according to a stipulation filed in Illinois federal court.
TorrentFreak
DECEMBER 20, 2023
The UFC has promoted mixed martial arts fights for three decades. Today, however, the company is also fighting a battle of its own against online piracy. Unauthorized views of UFC events have taken off in recent years. The organization is trying to put a stop to these pirated livestreams, but that’s proving to be a drawn-out battle. Last week, General Counsel Riché McKnight shared UFC’s concerns with lawmakers during a House Judiciary Subcommittee hearing.
The IPKat
DECEMBER 20, 2023
The UK Supreme Court has today handed down its decision Thaler v Comptroller [2023] UKSC 49. The judgment under appeal by the Court of Appeal was reported here. In a short judgment, the Supreme Court agrees with the majority in the Court of Appeal and rejects the appeal from Thaler. The outcome of this appeal turned on three issues: Issue 1 is the scope and meaning of ‘inventor’ in the 1977 Act.
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.
TorrentFreak
DECEMBER 20, 2023
Pirate IPTV services are a major cause for concern among broadcasters globally. In Italy, illegal streaming has grown in relevance to become part of a nationwide conversation. Fueled by a national passion for top-tier football matches, viewable only by those who can afford a subscription, pirate IPTV services and other illegal streaming platforms found fertile ground in Italy.
JD Supra Law
DECEMBER 20, 2023
The United States Copyright Office recently rejected Ankit Sahni's Second Request for reconsideration to register his AI-generated artwork, "Suryast." This is a unique case in the realm of AI-generated art, primarily due to the artwork being derived from Sahni’s own original photograph utilizing RAGHAV AI painting software. By: Sherman & Howard L.L.C.
Barry Sookman
DECEMBER 20, 2023
The federal Court just released a notice to the parties and the profession regarding “ The Use of Artificial Intelligence in Court Proceedings “ It will require all parties, lawyers and interveners to include a Declaration in all documents prepared for the purpose of litigation that are submitted to the Court that contains content created or generated by AI.
JD Supra Law
DECEMBER 20, 2023
In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our discussions encompassed a spectrum of critical topics.
The IPKat
DECEMBER 20, 2023
The issues with AI-generated content and AI clones are certainly not going away any time soon. The latest concerns Porto Rican sensation Bad Bunny, as Katfriend Despoina Dimitrakopoulou (Plug and Play Tech Center) explains. Over to Despoina: Bad Bunny shoo shooes anyone liking AI-generated song replicating his style and voice – is he right? by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesti
JD Supra Law
DECEMBER 20, 2023
The Situation: On December 8, 2023, the National Institute of Standards and Technology ("NIST") released a proposed framework for federal agencies regarding the exercise of the government's march-in rights for federally funded inventions. Among other considerations, the proposed framework considers the price of a product as a relevant factor with respect to whether an invention has achieved practical application or whether it reasonably satisfies health or safety needs.
Biswajit Sarkar Copyright Blog
DECEMBER 20, 2023
The tech giant Apple has announced the cessation of sales for its latest Apple Smartwatches—Series 9 and Ultra 2—in U.S. retail stores from Christmas Eve, with online sales ceasing from Thursday. This decision comes after a legal battle with Masimo, a U.S.-based leading medical technology company, concerning the Blood Oxygen feature integrated into these devices.
JD Supra Law
DECEMBER 20, 2023
A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state. Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL 341460, 2023 TX App Lexis 7448. .
IP Watchdog
DECEMBER 20, 2023
Senator Thom Tillis sent a letter today to President Joe Biden asking him to answer three broad questions related to his proposal earlier this month that would allow government agencies considerable discretion in deciding whether and when to “march in” on patents. As we previously reported, the National Institute of Standards & Technology (NIST) and the Department of Commerce published a Federal Register Notice on December 8 seeking comments on a proposed framework for exercising march-in r
JD Supra Law
DECEMBER 20, 2023
The UPC decides that the defendant’s financial situation and location matter. On 30 October 2023, the Munich Central Division of the UPC (the Court) issued an order stating that NanoString must provide security to Harvard for legal costs and other expenses (the Security). In this post we will describe the background to this case and the Court’s assessment of what it will consider when deciding on a request for Security.
Patently-O
DECEMBER 20, 2023
By: Paul Gugliuzza is a Professor of Law at Temple University Beasley School of Law, Jordana R. Goodman is an Assistant Professor of Law at Chicago-Kent College of Law and an innovator in residence at the Massachusetts Institute of Technology, and Rachel Rebouché is the Dean and the Peter J. Liacouras Professor of Law at Temple University Beasley School of Law.
JD Supra Law
DECEMBER 20, 2023
On December 19, 2023, AI research company Anthropic announced that it had updated and made publicly available its Commercial Terms of Service (effective Jan 1, 2024) to, among other things, indemnify its enterprise Claude API customers from copyright infringement claims made against them for “their authorized use of our services or their outputs.” Specifically, Anthropic agrees to defend commercial customers from a “Customer Claim,” which means “a third-party claim, suit, or proceeding alleging.
The TTABlog
DECEMBER 20, 2023
On December 7th, the CAFC heard oral argument in In re Chestek PLLC. As you may recall, Pamela Chestek, sometimes known as the IP Ownership Maven ( blog ), applied to register the mark CHESTEK LEGAL on behalf of her law firm, for "legal services." However, she declined to provide the "domicile address" of applicant, instead furnishing a post office box number in Raleigh, North Carolina.
JD Supra Law
DECEMBER 20, 2023
On November 30, 2023, Celltrion announced that it filed for an abbreviated Biologics License Application (aBLA) for FDA approval of CT-P41 (denosumab), a proposed biosimilar of Amgen’s Prolia® / Xgeva® (denosumab).
43(B)log
DECEMBER 20, 2023
CDC Newburgh Inc. v. STM Bags, LLC, F.Supp.3d -, 2023 WL 6066136, 22-cv-1597 (NSR) (S.D.N.Y. Sept. 18, 2023) CDC sued STM, alleging violations of New York state and federal law arising from STM’s involvement in the removal of ten of its product listings from Amazon.com. The court dismissed CDC’s defamation, tortious interference, and common law unfair competition claims, while allowing most of STM’s counterclaims to survive (except for dilution and common law unfair competition).
JD Supra Law
DECEMBER 20, 2023
For music lovers, while it may be a bit far for some to travel to Liverpool and stay in the Yellow Sub Hotel, why not have a more local adventure, in sunny Florida at The Seminole Hard Rock Hotel & Casino’s The Guitar Hotel, which, in addition to boasting luxurious guest rooms, this year, the hotel was successful in persuading the Trademark Trial and Appeal Board (“the TTAB”) that its design, the shape of a guitar, is inherently distinctive.
Patently-O
DECEMBER 20, 2023
by Dennis Crouch Thaler v. Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. The underlying case will be familiar to many with Dr. Stephen Thaler of St. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.
JD Supra Law
DECEMBER 20, 2023
While we wait for further guidance on the registrability of the art output by generative artificial intelligence (AI) models, the U.S. Copyright Office is forging ahead with new decisions that address the issue. On Dec. 11, 2023, the Copyright Office's Review Board rejected an artist's attempt to register his "2-D artwork" – now the fourth….
IP Watchdog
DECEMBER 20, 2023
In a laudable effort to curtail rampant corporate IP theft, a bipartisan group of U.S. Senators has called on a hesitant Department of Justice (DOJ) to step up its enforcement. As reported in Forbes, Senators Thom Tillis (R-NC), Chris Coons (D-DE), and Marsha Blackburn (R-TN) recently issued a letter to the DOJ identifying the core gap in its prosecution habits.
JD Supra Law
DECEMBER 20, 2023
Fire up some hot cocoa, turn up the Perry Como Christmas album and settle in to read this year's Top Section 101 Patent Eligibility Stories. But, as always, this season is about gathering with family and friends, watching some mediocre (and some great!) movies, and enjoying good food and drink. So let's start with the yearly holiday notes.
IP Tech Blog
DECEMBER 20, 2023
Most drugs are covered by multiple patents, with initial patents directed broadly to the compound and later patents directed to increasingly narrower uses of the compound. This provides opportunities for the compound to be approved as a generic drug before expiration of all of the patents, based on a “skinny” label – i.e., a label restricted to uses not covered by the later “use” patents.
JD Supra Law
DECEMBER 20, 2023
Recent European Commission (Commission) proposals, including a broadening of the so-called ‘Bolar exemption’, would substantially change various incentive schemes related to medicinal product approvals, with the stated goal of increasing competition from earlier market entry of generic/biosimilars.
Likelihood of Confusion
DECEMBER 20, 2023
The Business Review (Albany) reports (reg. required) on what could be a very important decision relating to the importation of grey goods: The U.S. Court of Appeals for the Federal. The post Grey is OK appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
DECEMBER 20, 2023
Judgment Gist - In a civil intellectual property lawsuit, if the applicant applies to the court to order the other party to produce documentary evidence, it should clarify the factum probandum in its claims. When evaluating the necessity of a “documentary evidence order”, the court may consider the following factors: 1. whether the applicant has submitted prima facie evidence to prove the existence of the factum probandum; 2. whether the documentary evidence belongs to the evidence that the.
SpicyIP
DECEMBER 20, 2023
Image from here November has passed. We stand on the cusp of bidding farewell to 2023 with just 10 days remaining! So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. As you may know, this is part of our monthly series “ Sifting Through SpicyIP Pages.” So, we have already ventured through Junes , Julys , Augusts , Septembers , and Octobers and produced some stories like P.H.
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