Wed.Sep 11, 2024

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Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates’ Profits

IP Watchdog

Several amici weighed in late last week on a trademark petition to the U.S. Supreme Court that asks whether “an award of a ‘defendant’s profits’ under the Lanham Act…can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.” The Supreme Court granted the petition in Dewberry Group, Inc. v.

Trademark 117
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September 11: Honoring First Responders Across the Nation

U.S. Department of Commerce

By Joe Wassel, Executive Director and CEO, First Responder Network Authority (FirstNet Authority) Twenty-three years ago, America experienced a day unlike any other in our history. News of the attacks on the World Trade Center, Pentagon, and in Shanksville, Pennsylvania, reverberated across our nation. Everyone was on high alert. No one knew where, when, or if another attack would happen.

Law 109
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Dua Lipa Can't Slip Copyright Claim In 'Levitating' IP Suit

IP Law 360

Pop singer Dua Lipa wasn't able to persuade a California federal judge to toss a copyright infringement claim in a suit over her hit song "Levitating" by a producer who alleges some of his samples were used without permission, but did get an accounting claim thrown out.

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Namecheap Flagged for EU ‘Piracy Watchlist’ After Failing to Block Infringing Sites

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. The group celebrated its 25th anniversary on Monday, with now-retired director Tim Kuik receiving a royal decoration as Officer in the Order of Orange-Nassau for his achievements. While Kuik undeniably proved to be a major player in the anti-piracy field in recent decades, BREIN’s work continues without him.

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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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Reality Star Says Cosmetic Co. Can't 'Give Them Lala'

IP Law 360

Lala Kent, one of the stars of Bravo's "Vanderpump Rules," has hit a cosmetic company with a suit alleging it violated her intellectual property rights by selling an unauthorized lip product under her "Give Them Lala" brand.

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Court Enjoins the Utah “Minor Protection in Social Media Act”–NetChoice v. Reyes

Technology & Marketing Law Blog

Utah’s Minor Protection in Social Media Act contains two major provisions. First, it requires social media companies to conduct age assurance of their users to a 95% accuracy rate, along with an appellate process for misclassified users. Second, once minors are segregated: social media companies must “set default privacy settings to prioritize maximum privacy” (giving specific examples of regulated settings), and parental consent is required to make any adjustments to those settings.

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Of Broccolini and Branding: Don't Let Your Trademark Wilt

JD Supra Law

Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking appropriate legal action to stop or correct, any unauthorized or incorrect use of your brand.

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Federal Circuit’s New Hands-Off Approach: Recent Mandamus Denials Signal Shift in Venue Transfer Landscape

Patently-O

by Dennis Crouch On September 11, 2024, the Federal Circuit issued three separate orders denying petitions for writs of mandamus related to venue transfer decisions. These cases highlight a trend that I previously recognized of the court stepping-back from its prior aggressive mandamus docket. The cases here all include the similar procedural posture where the district court ordered transfer under the convenient venue statute 1404(a), and the patentee unsuccessfully petitioned the Federal Circu

Patent 69
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Protecting trade secrets and confidential business information in Canada

JD Supra Law

Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada.

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Trademarks Surge As UKIPO Transforms Digital Platform

IP Law 360

The U.K. Intellectual Property Office said Wednesday it has shown "continued high performance" amid accelerating demand over the past year as its digital transformation marches on.

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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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Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

JD Supra Law

Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various industry publications and blogs. Your customers are calling, writing, and e-mailing you to express concern. By: Ward and Smith, P.A.

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Agricultural Co. Can't Nix Rival's IP Rights Over Mandarins

IP Law 360

A European Union court said Wednesday that a French company can keep its plant breeding rights over Nadorcott mandarins, chucking its rival's claim that the variety is not novel.

IP 52
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Federal Circuit: On-Sale Bar Still Applies to Secret Use of a Patented Method Under AIA

JD Supra Law

The Federal Circuit recently affirmed an ITC holding that the AIA’s § 102 on-sale bar applies to the sale of a product made according to a secret process when that sale occurs more than one year before the patent’s effective filing date. In so doing, the court confirmed that, despite changes to the text of § 102, the AIA did not undo long-settled pre-AIA precedent that the on-sale bar applies when, before the critical date, a party sells products secretly made using a patented process.

Patent 71
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The Firms That Handle The Most Trade Secrets Work

IP Law 360

Gordon Rees remains the most active law firm representing plaintiffs in trade secrets disputes, according to a new report by Lex Machina analyzing a three-year period from 2021 to 2023, while Littler Mendelson continues to lead the pack on the defendants' side during that same timeframe.

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Leveraging and Protecting Cannabis Brands Following CSA Rescheduling

JD Supra Law

This is an exciting time for cannabis entrepreneurs as the US government is poised to reclassify cannabis as a Schedule III drug in a move that recognizes cannabis’ medical and therapeutic uses and may open the door for new cannabis trademark registrations. Capitalizing on these changes is critical for cannabis proprietors to elevate and grow their brands in the expanding cannabis market.

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Litigation Spending To Rise As Cases Grow More Aggressive

IP Law 360

A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.

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Seeing into the Future: Moving Beyond AI to Visual Intelligence with Oculi CEO Charbel Rizk

JD Supra Law

What if your devices could see and understand the world around them as well as you do? For Charbel Rizk, founder and CEO of Oculi, this isn't just a hypothetical—it’s the driving force behind his work in visual intelligence. Charbel’s journey into this field began when he recognized that the limitations of current vision technology were preventing the advancement of autonomous systems.

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Fed. Circ. Lets Roku IP Dispute Move From Texas To Calif.

IP Law 360

The Federal Circuit on Wednesday declined to reverse a Texas district court's transfer of a suit accusing Roku of infringing patents on automatic content recognition technology for commercial advertising, holding the Texas court wasn't wrong to find California had a stronger local interest in the dispute.

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Patent litigation defendants beware: RESTORE Patent Rights Act

JD Supra Law

Are injunctions back as a matter of law in all patent cases? The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in the innovation ecosystem: the diminishing power of injunctive relief in patent infringement cases. This is great news for patent plaintiffs and may cause concerns for those faced with patent lawsuits from non-practicing entities.

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11 Patent Cases To Watch At Fed. Circ. And High Court

IP Law 360

As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

Patent 52
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Combining Abstract Ideas Does Not Make Them Less Abstract

JD Supra Law

Before Dyk, Reyna, and Stark. Appeal from the United States District Court for the Western District of Texas. Summary: When assessing patent eligibility under 35 U.S.C. § 101, combining two abstract ideas does not make either less abstract, and conventionality can be analyzed at both steps of the Alice test.

Patent 68
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AGIS Accuses General Dynamics Stole Comms System Tech

IP Law 360

AGIS Inc. hit General Dynamics Corporation with a patent infringement suit in Texas federal court on Tuesday, accusing the global defense company of ripping off technology for a handheld communications device utilized by first responders.

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Federal Circuit Reverses Ineligibility Finding on POV Cameras and Processing

JD Supra Law

On September 9, the Court of Appeals for the Federal Circuit reversed a finding by the District Court for the Northern District of California that point-of-view camera claims were ineligible.

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Phelps Dunbar Recruits 6 Litigators In Raleigh

IP Law 360

Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, labor and intellectual property.

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Are design patent applications published?

Patent Trademark Blog

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a pending design patent application. Need to apply for a design patent? Contact US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to explore how we can help patent your design. Why does it matter that design patent applications are not published?

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Kirkland Can't Shake Former Associate's Bias Suit

IP Law 360

A California federal judge has mostly rejected efforts by Kirkland & Ellis to pare down the discrimination suit of a former intellectual property associate, while also backing a prior order that prevented the firm from subpoenaing her former BigLaw employers for confidential personnel information.

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196 Trademark Registrations Issued to Indiana Entities in August 2024

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 196 trademark registrations to persons and businesses in Indiana in August 2024 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 7465709 MATCHBOOK LEARNING 7472578 7485258 MAMMOTH CONSTRUCTION 7468789 CETRA 7466597 POPA HEATING & COOLING 7466598 POPA HEATING & COOLING 7471470 PRETTY SOCIAL 7479678 OTTO LINK 7469019 POSE 7467439 QUICKFOLD 7482174 ULTRALINK 7472576 SYDNEY 7472577 SYDNEY HEALTH 7467795 J

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Lenovo Fights For Its Own SEP Ban In Global Ericsson Fight

IP Law 360

Lawyers for Lenovo urged a London appeals court on Wednesday to prevent Ericsson from infringing one of its wireless patents while their dispute rumbles on, as the electronics giants wage a global battle over a cross-licensing deal for intellectual property deemed essential to 5G technology.

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Court orders revival of opposition abandoned for not filing evidence in support on time when Counter Statement was not served

Selvam & Selvam Blog

The petitioner, Coaster Shoes Company Pvt. Ltd., filed a writ petition seeking the quashing of an order passed by the Registrar of Trade Marks in October 2022, which abandoned their trademark opposition. The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel Fox,” alleging its similarity to Coaster Shoes’ own registered mark, TRAVEL FOX.

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EasyGroup Loses TMs After Suing For Infringement

IP Law 360

A London judge rejected a claim on Wednesday by easyGroup that EasyFundraising Ltd. was infringing its trademarks, as it concluded that the low-cost giant's brands covered different services.

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TTABlog Test: Is LEATHER MAN LTD & Design Deceptive for Belts Not Made of Leather?

The TTABlog

Invoking Section 2(a) of the Trademark Act, the USPTO refused to register the mark shown below, finding it deceptive for the following goods not comprised of leather: Belts; Belts for clothing; Belts made out of cloth; Belts of textile; Fabric belts; Waist belts. Applicant argued that the words " LEATHER MAN " would be perceived as referring to the “old Leather [M]an, … a vagabond [who] was famous for the leather suit of clothes he wore.

Designs 67
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Sandoz Can't Patent Generic Hypertension Drug

IP Law 360

Pharmaceuticals maker Sandoz has lost a patent for the formulation of a generic drug used to treat high blood pressure in the lungs, as a European appellate panel ruled that the ingredient that makes it more stable was obvious.

Patent 52
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Copyright and Artificial Intelligence in Music Creation

IP and Legal Filings

Abstract The near-seamless hybrid of Artificial Intelligence (AI) and music creation has sparked a fascinating and deeply complex legal question of late – who or what owns the melody; the human or the machine? Some might argue that it’s the person who’s actually creating the music using AI, while others would say that the person feeding the relevant data to the AI is the owner of said music, as it’s their original content that the aforementioned later assembled.

Music 89
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IP Boutique Hires Murgitroyd Pro For Life Sciences Team

IP Law 360

Haseltine Lake Kempner LLP has hired a new partner from rival Murgitroyd & Co. to its chemistry and life sciences team, as the firm looks to expand its patent capabilities in the northern English city of Leeds.

IP 52