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South Korean ISP accused of infecting BitTorrent users, Google approves new legislation in Türkiye and MPA gets new anti-piracy head. The post 3 Count: South Korean Malware appeared first on Plagiarism Today.
From their macabre name to their clever slogan—and everything in between—Liquid Death’s provocative branding is all about follow through, as Erik shares in this episode. The post Liquid Death: Bold Branding Example appeared first on Erik M Pelton & Associates, PLLC. From their macabre name to their clever slogan—and everything in between—Liquid Death’s provocative branding is all about follow through, as Erik shares in this episode.
The U.S. Supreme Court unanimously rejected a First Amendment challenge to the "names clause" of the Lanham Act on June 13, 2024. See Vidal v. Elster, No. 22-704. The names clause prohibits federally registering a trademark that contains a living person's name without their consent. 15 U.S.C. § 1052(c). The U.S. Patent and Trademark Office….
INTA brings together key stakeholders involved in trademark protection, including policymakers, attorneys, officials, brand owners, and top-tier IP professionals. INTA has various committees and hosts multiple meetings throughout the year. These committees, composed of volunteers from around the world, dedicate their time to creating new resources for members and non-members alike, including policymakers, brand owners, and courts.
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?
This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. v. GM Global Technology Operations L.L.C. (May 21, 2024) and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. The panel will offer guidance addressing obviousness issues in design patents.
Early last year, a group of filmmakers obtained a subpoena that required Reddit to reveal the identities of users who commented on piracy-related topics. The movie companies, including Voltage Holdings and Screen Media Ventures, said they were not planning to go after these people in court but wanted to use their comments as evidence in an ongoing piracy lawsuit against Internet provider RCN.
In light of the recent order of the Office of Chief Commissioner for Persons with Disabilities in Avichal Bhatnagar v. Pralek Prakashan we are pleased to bring to you this guest post by Lakshita Handa and Pragya Singh. Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016.
In light of the recent order of the Office of Chief Commissioner for Persons with Disabilities in Avichal Bhatnagar v. Pralek Prakashan we are pleased to bring to you this guest post by Lakshita Handa and Pragya Singh. Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016.
China’s state council issued State Council Degree No. 769 on December 21, 2023 to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as “the Implementing Regulations (Amended in 2023)”) as of January 20, 2024. Fourteen years have passed since the last amendment of the Implementing Regulations released on January 9, 2010.
The IPKat dreaming of frozen tuna-sicles The sun has been out in strength for two whole days in London , so while everyone slathers aloe vera on their first "commuter sunburn" the IPKat is here to provide some news from the summer IP season. AIPPI UK's UPC Event - tomorrow Tomorrow (27 June), AIPPI UK is hosting "The UPC - One Year In". With a kick off at 17:45 at Simmons & Simmons, a panel of UPC advocates and soon to be judges from across Europe including Wim Maas , Tilman Mueller Stoy, Ag
Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts head-on. In Concord Music Group v. Anthropic, one of the leading cases in this area, plaintiffs, including Capitol Records and Universal Music, allege that defendant Anthropic’s AI bot infringed at least 500 copyrighted lyrics.
A few weeks ago, the U.S. Court of Appeals for the Federal Circuit undertook to clarify the obviousness standards for design patents. LKQ Corp. v. GM Glob. Tech. Operations LLC, __ F.4th__, No. 2021-2348, 2024 WL 2280728 (Fed. Cir. May 21, 2024). After many breathless commentaries, the record needs at least one expression of the “obvious”: this judicial effort utterly failed.
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.
On January 26, 2023, Cigna Corp. (“Cigna”) sued CVS Health Corp. (“CVS”) and its newly hired chief product officer Amy Bricker (“Bricker”), in the US District Court for the Eastern District of Missouri, for allegedly violating her non-compete agreement with Cigna. The complaint was filed three (3) weeks after the US Federal Trade Commission (“FTC”) proposed a ban on non-compete clauses in employment contracts to keep workers from switching jobs.
Frequent TTAB litigant Monster Energy lost another one at the TTAB, this time on summary judgment. It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. The registration was blocking Monster's application to register PREDATOR for energy drinks, soft drinks, and sports drinks.
Dearest Gentle Reader, it seems that the scandalous allure of counterfeit goods has infiltrated our esteemed society with alarming frequency. Behind the shimmering facade of the finest of marketplaces, whispers abound of false jewels, imitation gowns, and even counterfeit carriages parading as the genuine article. One cannot help but ponder the lengths some would go to deceive, tarnishing the honor of reputable brands and defrauding unsuspecting patrons who seek nothing more than authenticity in
The Third Circuit on Wednesday agreed that the main investor of a Pennsylvania distillery can't revive his federal racketeering or trade secret claims against a former business partner and others related to the craft liquor business.
This month, our appellate team comprised of Gerry Fornwald, Kyle Kroll, and Cianna Halloran prevailed at the Third Circuit Court of Appeals in obtaining victory for our client, an American distributor. The case involved a dispute with a German manufacturer of medical devices. Previously, our trial team obtained a jury verdict for our client in the District of Delaware.
A unit of the analytics giant Clarivate is telling Georgia's highest court that a neurosurgeon's $102 million legal malpractice case over "a clerical mistake" in a patent filing from an aggrieved former FisherBroyles client is definitely "not a cert-worthy case.
The Federal Circuit reversed a decision from the District of Delaware dismissing a case for failing to plead induced infringement because the totality of the evidence raised fact questions that could not be resolved on a motion to dismiss. The Federal Circuit expressed doubts about whether appellee’s FDA-approved label alone, which carved out the claimed indication, was sufficient to actively induce.
A father and son and their former employer, financial services company Ameriprise, have reached an agreement that will see the two men return confidential records they allegedly took "in the dark of the night" as they exited the company for jobs with a competitor.
The English High Court has held that a patent relating to a once-daily dosing of an active ingredient was invalid for lack of inventive step over prior art posters presented to the public at conferences. The decision has been swiftly upheld by the Court of Appeal. The case involves factual questions concerning obviousness where there are perceived “ethical barriers” to the claimed invention.
Various intellectual property trade groups are expressing some skepticism toward a proposal over the United Nations using a new treaty to force design patent applicants to disclose more details in their applications.
Given their potential to revolutionize many aspects of legal practice and intellectual property, artificial intelligence (“AI”) tools have become a mainstay in the legal space. While AI has its benefits, it also carries unknowns for practitioners and businesses. Imagine this. After the painstaking time and expense of prosecution, you have finally obtained a patent covering your company’s lead product and now seek to enforce your rights to exclude a new competitor.
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
As Big Molecule Watch continues to push past the bounds of biosimilars and into biologics, we are proud to announce the publication of two additional trackers concerning vaccines: the Vaccine Patent Litigation tracker and the Vaccine Patent PTAB tracker.
Eight newspapers accusing Microsoft Corp. and OpenAI Inc. of infringing copyrights of their works to train their chatbots have blasted the companies' dismissal bids in New York federal court, saying OpenAI's motion reads "like a press release" instead of a legal argument and that Microsoft is "focused on telling its story," which the papers contend "is full of holes.
In the precedential decision of Intellectual Tech LLC v. Zebra Techs. Corp., the U.S. Court of Appeals for the Federal Circuit reversed a ruling from the U.S. District Court for the Western District of Texas that dismissed a patent infringement claim for lack of constitutional standing under Article III. The Federal Circuit found that the patent owner had standing to file a patent infringement suit even though the patent owner defaulted on a security agreement that granted a third party the.
A California federal magistrate judge ordered a group of authors accusing OpenAI of copyright infringement to hand over information related to their pre-suit testing of the company's artificial intelligence bot ChatGPT, saying they waived their ability to say it's protected work product by including some test results in their lawsuit.
The Federal Circuit recently ruled that a petitioner in an inter partes review (IPR) proceeding with related district court litigation cannot recover attorneys’ fees under 35 U.S.C. § 285. The Federal Circuit further held that Section 285 does not extend liability for a fee award to counsel.
Investment in intangible assets grew at more than triple the pace of physical investment over the past 15 years to reach $6.9 trillion in 2023 with the U.S. and the U.K. leading the spend, the World Intellectual Property Organization has said.
This CLE webinar will guide patent counsel on obviousness-type double patenting (ODP), including the recent decisions that have relied on Cellect. The panel will also discuss the USPTO's proposed terminal disclaimer rule and will offer best practices for addressing ODP and terminal disclaimers.
Control the things you can is my mantra when things get busy, start to feel overwhelming, and I get that tight feeling in my head and chest. Every time that happens, and it happens often in life, I remind myself that there are at least a handful of things that I can do to help myself through this chapter in life.
On October 27, 2023, Inergy Technology, Inc. (“Inergy”) filed concurrent petitions for inter partes review (“IPR”) of U.S. Patent Nos. 7,629,634 (“the ’634 Patent”) (“IPR093”) and 7,812,409 (“the ’409 Patent”) (“IPR094”), each assigned to Force MOS Technology Co., Ltd. (“Force MOS”). The ’634 Patent discloses and claims a “trenched MOSFET,” which the specification of the ’634 Patent explains is a “type of vertical transistor.
Shell Companies: Shell companies are mostly companies that have no real operations, employees or assets. These companies are often reffered to as ghost companies since they have no actual premises or existence. These companies merely posses’ names and cannot be linked easily to the individual that owns such companies, such companies are often created with the intention to hide or conceal the owner’s identity from the Police, other businesses, or general public.
At first, many people jumped to the conclusion that this upcoming U.S. Supreme Court case threatens corporate separateness by putting corporate affiliates, who were not part of the lawsuit, at risk of having to pay the judgment.
A social media influencer is someone who creates content based on their niche in various social media platforms where they deliver information by uploading in the mediums of long format videos, short format videos or reels, static posts and stories. Influencers in the present digital era are powerful and relevant to a large audience and have the ability to impact a large amount of people in the social networking sphere.
AI has been dramatically altering the creative landscape, offering new possibilities and challenges for content creators, media and gaming companies, and technology platforms.
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