Hugh Stephens Blog
DECEMBER 13, 2024
Image: Pixabay Last month I highlighted the first AI/Copyright case in Canada to reach the courts, CanLII v CasewayAI.
JD Supra Law
DECEMBER 13, 2024
File under: a year-end recap of some of the most widely read IP updates, analysis, and guidance published on JD Supra throughout 2024.
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TorrentFreak
DECEMBER 13, 2024
Under U.S. law, rightsholders have an option to identify alleged copyright infringers, without directly having to file a lawsuit. Instead, they can request a DMCA subpoena. These documents are typically signed by a court clerk and dont require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party internet services where the infringing material is shared or stored.
IP and Legal Filings
DECEMBER 13, 2024
INTRODUCTION A trade mark means, in respect of any products and services, a sign which serves to distinguish in the commercial space the products and services from any legal entity or person entitled to use the sign in its capacity as owner of the sign. The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks.
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?
JD Supra Law
DECEMBER 13, 2024
Character Technologies has been hit with two lawsuits, including a wrongful death suit (among other claims), in less than two months over its popular Character.ai chatbot. The first was filed in the U.S. District Court for the Middle District of Florida (Garcia v. Character Technologies Inc.) by the mother of a Florida teenager who tragically committed suicide after the chatbot allegedly encouraged the child to do so.
Technology & Marketing Law Blog
DECEMBER 13, 2024
by guest blogger Alexandra J. Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? But the suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another influencer, 22-year-old Alyssa Sheil, of copying both her posts and her style, may have an outsized effect on the law around online content creation.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
DECEMBER 13, 2024
Already busy guarding the Christmas tree Another working week is coming to an end and, as usual, it's time to catch up with events and opportunities in the IP world. Do take a look below and do not forget to regularly check our Events page as well! Events Artificial intelligence, intellectual property and the creative industries (4 March 2025) On 4 March 2025, LSE will host a hybrid (London and online) panel discussion devoted to IP issues facing the training and use of generative AI models that
JD Supra Law
DECEMBER 13, 2024
Our colleagues previously reported on the United States Patent and Trademark Offices (USPTO) patent fee schedule for 2025, and we now take this opportunity to provide you with our insights on the USPTO trademark fee schedule for 2025. The Final Rule with updated fee schedule will go into effect on January 18, 2025.
SpicyIP
DECEMBER 13, 2024
Image from here Recently, Praharsh shared an interesting order, Kailash Kumar Jain v. Kundan Electro , with me concerning ex-parte proceedingswhere the Delhi High Court called out non-recording of reasons by the trial court for granting ex-parte injunctions, setting the suit afresh. While there have been past instances where courts have criticized the unreasoned granting of interim ex-parte injunctions (see, e.g., here ), the present case places special emphasis on this issue.
JD Supra Law
DECEMBER 13, 2024
Cytiva BioProcess R&D AB v. JSR Corp., et al., Nos. 2023-2074, -2075, -2191, -2192, -2193, -2194, -2239, -2252, -2253, -2255 (Fed. Cir. (PTAB) Dec. 4, 2024). Opinion by Prost, joined by Taranto and Hughes.
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Indiana Intellectual Property Law
DECEMBER 13, 2024
The U.S. Trademark Office issued the following 192 trademark registrations to persons and businesses in Indiana in November 2024 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 85255683 U LOFT.COM 97835504 CT 85263428 LOFT ORIGINAL EST. 1986 85263473 VARSITY LOFT CLUB 90028764 PAW BLOCK 97909961 LIFESTREAM FOR THE YOUNG AT HEART 97745210 PASSION.
JD Supra Law
DECEMBER 13, 2024
Can an influencer sue another for having a similar aesthetic? Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing.
Indiana Intellectual Property Law
DECEMBER 13, 2024
My Market, LLC, (Plaintiff) an Indiana-based convenience store operator, has initiated legal proceedings against Batth Markets, Inc. and Chhaterpal Singh (Defendants) for the unauthorized use of its trademarked business name. The lawsuit, filed under the Lanham Act and related Indiana state laws, addresses issues of trademark infringement , unfair competition , false designation of origin , and trademark dilution.
JD Supra Law
DECEMBER 13, 2024
Defendant Lovo has moved to dismiss an amended complaint alleging that the voice actor Plaintiffs voices were unlawfully cloned by Defendant Lovos AI Voice Generator. Plaintiffs allege that Lovos CEO stated on a podcast that: voice cloning refers to a virtual copy of a real persons voice. Rather than using machine learning to synthesize an original AI voice, voice cloning technology replicates an existing human voice.
IP Watchdog
DECEMBER 13, 2024
ArentFox Schiff LLP is seeking a patent litigation associate with 4-6 years of experience to join our DC or San Francisco offices. Experience with trial, motions, depositions, expert reports, and discovery management is preferred. PTAB experience is preferred. Additional requirements include, strong organizational and writing skills, strong academic credentials including an undergraduate science degree, and a desire to excel in a law firm environment.
JD Supra Law
DECEMBER 13, 2024
On September 28, 2024, the UNESCOInformation for All Programme Working Groupon Information Accessibility held its fifth annualArtificial Intelligence for Information Accessibility(AI4IA) Conference.
The TTABlog
DECEMBER 13, 2024
Failure-to-function is the original sin of trademark law. If consumers don't or won't perceive a term as indicating source, then the term is not a trademark (or service mark). The USPTO refused to register the proposed mark FIRST LOOK on the Supplemental Register, for "Membership club services in the nature of providing discounts to members in the field of retail of luxury goods," on the ground of failure-to-function.
JD Supra Law
DECEMBER 13, 2024
UK Research and Innovation (UKRI) has recently published a list of UK universities that have voluntarily adopted certain (supposedly) best practice policies for deal terms of research transfers to start-ups (we simply refer to them as "spin-outs"). In this snapshot, we look at these policies, specifically those around how much equity a university (or its transfer office) should get in return for its intellectual property (IP).
Patently-O
DECEMBER 13, 2024
by Dennis Crouch In a terse order issued December 4, 2024, the Federal Circuit significantly narrowed the scope of the pending en banc review in EcoFactor, Inc. v. Google LLC , rebuking Google for its opening brief that strayed well beyond the court’s limited grant of en banc review. The order specifically targets pages 41-58 of Google’s 61-page briefthe entire section addressing apportionment of patent damagesand instructs EcoFactor not to address those arguments in its response.
JD Supra Law
DECEMBER 13, 2024
Businesses use several advertising tactics. Most are clearly presented to potential consumers in traditional ways such as text on a web page, posters, mailings, brochures, etc. Alternatively, some tactics to increase exposure to consumers using the internet to search for goods and services are clandestine.
The IPKat
DECEMBER 13, 2024
The subject of AI is pervasive to such an extent that it is impossible to avoid its influence [ latest developments here , here , here or here ]. Readers may recall that this Kat reported on the existence of a lacklustre draft law aimed at establishing a French copyright framework for AI [ IPKat here ]. It met with an unfortunate fate when the National Assembly was dissolved in June 2024.
JD Supra Law
DECEMBER 13, 2024
Weve moved into winter and that means many bands and artists are taking a breather after summer and fall tours. Some seemed to go on for eras. For me, that means waiting a few months to catch some favorite acts. But Ive got plenty of music to digest in the meantime. To my surprise, several of the new bands Ive discovered do not have federal trademark registrations.
IP Watchdog
DECEMBER 13, 2024
This week in Other Barks & Bites: the U.S. Patent and Trademark Office signed its first new collective bargaining agreement with the union representing its patent employees in nearly 40 years; the Second Circuit denied a petition for rehearing of an earlier panel decision affirming the dismissal of copyright infringement claims against Ed Sheerans Thinking Out Loud; Public Citizen published a report claiming that patent evergreening will cost Medicare up to $5.4 billion in lost savings from
JD Supra Law
DECEMBER 13, 2024
A federal court in South Carolina recently denied Amazon sellers Reza Davachi, Rez Candles Inc., Parvin Davachi, and PBD Collectibles LLCs (collectively, Davachi) motion to dismiss Thorne Research, Inc.s trademark infringement claims. Thorne Research, Inc. v. Davachi, 2024 WL 4607943 (D.S.C. Oct. 29, 2024).
JD Supra Law
DECEMBER 13, 2024
The Patent Trial and Appeal Board (PTAB) denied institution in an inter partes review (IPR), finding that an online stores assertion regarding when a product was first available is by itself insufficient evidence of enabling disclosure that qualifies as a printed publication. See Vectair Systems Inc. v. Fresh Products, Inc., No. IPR2024-00824, Paper 9 (P.T.A.B.
JD Supra Law
DECEMBER 13, 2024
US Ghost Adventures, LLC v. Miss Lizzie's Coffee LLC, No. 23-2000, 2024 WL 4799288 (1st Cir. Nov. 15, 2024) - On November 15, 2024, the U.S. Court of Appeals for the First Circuit affirmed the denial of a preliminary injunction, whacking the historic Lizzie Borden Houses ability to prevent its next-door neighbor, Miss Lizzies Coffee LLC (Miss Lizzies), from using the Lizzie Borden name and distinctive hatchet logo.
JD Supra Law
DECEMBER 13, 2024
Can an influencer sue another for having a similar aesthetic? Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing.
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