Plagiarism Today
NOVEMBER 18, 2024
The Copyright Claims Board has awarded a photographer $11,000 in damages. However, the photographer only narrowly won the case. The post CCB Awards Photographer it’s Largest Damage Award appeared first on Plagiarism Today.
Patently-O
NOVEMBER 18, 2024
by Dennis Crouch New data from the USPTO shows that the amazing transformation in patent inventorship continues: the average number of inventors per utility patent has reached 3.2 in 2024, nearly double the 1.7 inventors per patent seen in 1976. This steady rise in team-based inventing reflects fundamental changes in how innovation occurs and how the patent system operates.
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Plagiarism Today
NOVEMBER 18, 2024
Final defendant convicted in Jetflicks case, Katy Perry fights copyright infringement appeal and Anheuser-Busch sued over fishing art. The post 3 Count: Lawsuit Fishing appeared first on Plagiarism Today.
IP Law 360
NOVEMBER 18, 2024
Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.
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
NOVEMBER 18, 2024
The wait is over! The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing business. The case has been awaited with interest by brand owners and the trade mark community, as it addresses significant issues regarding trade mark validity and bad faith in the context of broad trade mark registrations.
The IPKat
NOVEMBER 18, 2024
Had Oscar Wilde known about the importance of consistency in design protection, he might not have written “consistency is the last refuge of the unimaginative”. In a recent decision, the General Court held that a violation of the principle of unicity can lead to the invalidity of a registered Community design (‘RCD’) and that there is no principle of interpretation favourable to the holder.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
NOVEMBER 18, 2024
On October 23, 2024, the U.S. Court of Appeals for Second Circuit heard oral argument in Hermès Int’l et al. v. Rothschild, an appeal brought by Rothschild that challenges the jury’s February 2023 verdict and certain related legal rulings made by the U.S. District Court for the Southern District of New York. This case will undoubtedly impact the ability of third parties to use a brand’s trademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third part
JD Supra Law
NOVEMBER 18, 2024
In the ongoing case of Carefirst of Maryland Inc. v. Johnson & Johnson, the plaintiffs successfully overcame a motion to dismiss. At the heart of the case is J&J’s legal strategy against biosimilar competitors, including Amgen, and the role of settlement agreements in controlling market entry dates for biosimilars.
TorrentFreak
NOVEMBER 18, 2024
In September, Apple removed the popular music streaming app Musi from its App Store. The delisting is significant, as the app has millions of users. Apple’s action didn’t come as a complete surprise. Music industry groups had been trying to take Musi down for months, branding it a ‘parasitic’ app that skirts the rules. Music group IFPI took the lead, calling on other music industry players and YouTube to complain to Apple as well.
JD Supra Law
NOVEMBER 18, 2024
This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act.
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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.
SpicyIP
NOVEMBER 18, 2024
OpenAI logo. Image from here AI litigation seems to have reached India! Readers will be interested to know that ANI MEDIA PVT LTD V/s OPEN AI INC & ANR. has been listed before the IPD Bench of Justice Amit Bansal at Delhi High Court tomorrow (November 19, 2024 – Court Number 45, Item No. 39). Aditi Agrawal from Hindustan Times has reported that ANI has alleged OpenAI of exploiting its content to train its Large Language Models (LLMs) and that ChatGPT (OpenAI chatbot) produces ANI’s con
JD Supra Law
NOVEMBER 18, 2024
By 2027, the global cost of cybercrime, such as IP theft, is estimated to reach over $23 trillion (up from roughly $8 trillion in 2022), highlighting the critical need for strong IP protection. However, as technology evolves, safeguarding intellectual property (IP) has become increasingly challenging. With new state privacy legislation, such as the Delete Act, to protect the sale of personal data, along with artificial intelligence legislation orchestrated by the FTC and new laws protecting.
SpicyIP
NOVEMBER 18, 2024
Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s order in Dabur v. Alpino, WIPO’s report on diversification and economic development, and the dispute between Samsung and its trade union over the use of “Samsung” in the Union’s name. This and a lot more in this week’s SpicyIP Weekly Review.
JD Supra Law
NOVEMBER 18, 2024
On 24 October 2024, the Federal Circuit issued a precedential decision in Telefonaktiebolaget LM Ericsson v. Lenovo (U.S.), Inc. concluding that the threshold “dispositive” requirement of the foreign-antisuit-injunction framework can be met if a foreign antisuit injunction would resolve a foreign injunction, even if it would not resolve the entire foreign proceeding.
TorrentFreak
NOVEMBER 18, 2024
Whenever fans read about football in mainstream European media, carefully crafted deterrent messaging woven into anti-piracy news is unlikely to be too far away. Suing everyone is impossible, but as rightsholders in Spain warn that fines are on the way , in the context of a reverse lawsuit lottery that nobody wants to win, ‘y si toca aquí?’ A press release issued by Spain’s Ministry of the Interior on Friday is fairly dry by most standards, but by withholding most of the import
JD Supra Law
NOVEMBER 18, 2024
The Ninth Circuit has affirmed a district court’s grant of summary judgment for the defendant in a case in which the plaintiff law firm claimed the defendant firm’s purchase of a keyword search term violated the Lanham Act.
IP Watchdog
NOVEMBER 18, 2024
Two recent petitions to the U.S. Patent and Trademark Office (USPTO) for Director Review of denial of post grant review institution decisions claim that the Patent Trial and Appeal Board’s (PTAB’s) approach to reviewing plant utility claims is deterring competition in seed markets. The petitions, filed by Inari Agriculture, Inc., ask the USPTO Director to reverse two denials of institution relating to U.S. patent Nos. 11,659,803 and 11,666,020, owned by Pioneer Hi-Bred International, Inc., both
JD Supra Law
NOVEMBER 18, 2024
UTTO INC. v. METROTECH CORP. Before Prost, Taranto, and Hughes. Appeal from the United States District Court for the Northern District of California. Summary: The district court erred in construing the claims at the motion to dismiss stage where the plain meaning of the word “group” was “two or more,” but the specification indicated the term may mean “one or more.”.
IP Law 360
NOVEMBER 18, 2024
Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.
JD Supra Law
NOVEMBER 18, 2024
On 13 November 2024 the UK Supreme Court handed down its decision in the case of SkyKick UK Ltd and Sky Ltd (full decision here). By the time the long-running dispute reached the Supreme Court, the key point in issue was whether the practice of filing a trade mark application for goods and/or services for which the applicant could not reasonably be said to have a genuine intention to use the marks applied for constituted bad faith, and therefore a ground to invalidate the subsequent.
IP Law 360
NOVEMBER 18, 2024
Structured Asset Sales LLC has asked the full Second Circuit to review a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," arguing the panel incorrectly affirmed a lower court's ruling that the Copyright Act of 1909 only protected the Motown song's sheet music.
JD Supra Law
NOVEMBER 18, 2024
On November 13, 2024, Amgen filed a BPCIA complaint in the District Court for the Eastern District of North Carolina against Accord Biopharma, Inc.; Accord Healthcare, Inc.; and Intas Pharmaceuticals, Ltd., related to Accord’s proposed biosimilar of Amgen’s PROLIA and XGEVA.
IP Law 360
NOVEMBER 18, 2024
A drugmaker that recently sold a manufacturing facility to Eli Lilly for nearly $1 billion has failed to persuade a federal judge in Chicago to wipe out patents covering a line of injections that treat infections developed by a recently bankrupt antibiotic developer.
BYU Copyright Blog
NOVEMBER 18, 2024
Class Dismissed as Boston University Resolves Copyright Clash University,Work for Hire,Fair Use,Settled Out of Court Audrey Vengesai November 18, 10:01 AM November 18, 10:01 AM In September 2024, Babak Boghraty ("Boghraty"), a lecturer and content creator, filed a lawsuit against the Trustees of Boston University ("Boston University" or the "University"), alleging the unauthorized use of his copyrighted course materials.
IP Law 360
NOVEMBER 18, 2024
A New York federal judge has freed a visual arts licensing organization from an art publisher's lawsuit accusing it of falsely claiming copyright ownership to late artist Robert Indiana's iconic "LOVE" image and scheming to fraudulently sell licenses for it, saying the publisher's claims didn't pass muster.
Indiana Intellectual Property Law
NOVEMBER 18, 2024
Caitlin V. Neal , a prominent sexologist and sexual health coach, has filed a lawsuit against an e-commerce merchant based in China for using her likeness without consent to promote its products. Neal, who has built a significant online presence across platforms like YouTube, Instagram, TikTok, and Facebook, alleges that the defendant used her image in online ads for adult wellness products she does not endorse.
IP Law 360
NOVEMBER 18, 2024
A U.S. International Trade Commission judge has found that claims in a pair of Ericsson patents were invalid, handing a win to Lenovo in a case over mobile phones, laptops and other related products.
Likelihood of Confusion
NOVEMBER 18, 2024
Originally posted 2008-09-24 11:39:48. Republished by Blog Post PromoterJohn Welch reports on an interesting, not quite safe for home viewing case called Boston Red Sox Baseball Club Limited Partnership v. Brad Francis Sherman in which the TTAB sustained an opposition to a trademark brought by the Boston Red Sox, owners of the RED SOX mark, […] The post “Scandalousness” remains a lightning rod at the TTAB appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
NOVEMBER 18, 2024
A federal magistrate judge has declared that a "feud between social media influencers" in Texas is the first of its kind in the country, as it's an intellectual property dispute over replicating a rival's "neutral, beige, and cream aesthetic.
IP and Legal Filings
NOVEMBER 18, 2024
INTRODUCTION A couple from Mumbai has emerged victorious in a court case where a developer refused to return their deposit after the couple changed their mind about purchasing the apartment. The tribunal decided on their complaint and granted them Rs 20.65 lakh, it further advertised itself as a protector of consumer interest in the real estate market.
IP Law 360
NOVEMBER 18, 2024
PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.
The TTABlog
NOVEMBER 18, 2024
In a precedential decision of interest to the many aficianados of the Pan-American Convention, the Board granted a Rule 12(b)(6) motion to dismiss Petitioner Empresa Cubana's claim for cancellation under Article 8 of the Convention. Empresa's allegations fell just short of stating a proper claim, but the Board gave Empresa twenty days to re-plead. Empresa Cubana del Tabaco d.b.a.
IP Law 360
NOVEMBER 18, 2024
A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.
43(B)log
NOVEMBER 18, 2024
They're even in my size! Heavy, but not as hard to walk in as I feared.
IP Law 360
NOVEMBER 18, 2024
The First Circuit won't bar a Massachusetts coffee shop from using the first name of historical figure Lizzie Borden and an image of an ax, finding that the company that owns and runs Borden's family home as a museum and bed and breakfast is unlikely to prove a trademark infringement claim.
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