Tue.Jun 18, 2024

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A Copyright Fight Over a Dumpster Fire

Plagiarism Today

Two cases before the Copyright Claims Board raise an interesting question: What does copyright protect in a dumpster fire? The post A Copyright Fight Over a Dumpster Fire appeared first on Plagiarism Today.

Copyright 261
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25 Trademark Rarities You Ought to Know About

Erik K Pelton

The world of trademarks is vast, and contains many rare elements. Erik shares 25 examples in this episode The post 25 Trademark Rarities You Ought to Know About appeared first on Erik M Pelton & Associates, PLLC. The world of trademarks is vast, and contains many rare elements.

Trademark 130
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3 Count: Oh, Adobe…

Plagiarism Today

FTC sues Adobe over annual contracts, Sony DMCA hundreds of manga extensions and US lawmakers voice concern over Spotify. The post 3 Count: Oh, Adobe… appeared first on Plagiarism Today.

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Domain names: An ad for Andorra

JD Supra Law

Andorra Telecom, the Registry for the Andorran Top Level Domain (TLD).AD, recently kicked off a major liberalisation project for the.AD extension that will see it becoming available to all registrants without restriction towards the end of this year. Once liberalised, the extension has the potential to generate significant interest among registrants as a pseudo generic, or “domain hack” (like Montenegro’s.ME and Tuvalu’s.TV), given its correlation with the abbreviation for “advertisement”.

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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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USPTO Hears Array Of Ideas For Altering Director Review

IP Law 360

Numerous groups have offered suggestions to the U.S. Patent and Trademark Office on the process where the agency's director reviews Patent Trial and Appeal Board decisions, from adjusting which cases are subject to review to barring the director from personally making decisions.

Trademark 105
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2.6M Piracy Reports Against French Users Resulted in 234 Financial Penalties

TorrentFreak

French telecoms/audiovisual regulator Arcom has released its annual report covering 2023. At 199 pages, it’s a significant read; our narrow focus here will be on copyright and infringement-related matters. ‘Three Strikes’ Still Going Strong The French graduated response system (previously dubbed ‘Three Strikes’) launched in 2009/2010 to tackle widespread piracy of copyrighted content, carried out by internet users on peer-to-peer networks, predominantly BitTorrent a

Reporting 108

More Trending

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Football League Scores ‘Dynamic’ Pirate Site Blocking Orders in Peru

TorrentFreak

In dozens of countries around the world, website blocking is the preferred way for copyright holders to restrict access to pirate sites. Originally pioneered in Europe, the enforcement tactic has since gone global, with blockades now in place from Asia to South America, with the United States queuing up too. Peru’s Blocking Efforts In Peru, site blocking measures have been commonplace for a few years already.

IP 101
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Qualcomm Investors Ink $75M Deal Over Licensing Practices

IP Law 360

Qualcomm Inc. investors asked a California federal judge to greenlight a $75 million settlement that would resolve their claims that the chipmaker misled the market by stating it kept its licensing and chip-supply businesses separate when it regularly bundled the two in negotiations and agreements.

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EU AI Act: Do I need to worry about it?

JD Supra Law

As the European Union sets the stage for groundbreaking AI regulation, our podcast offers a comprehensive exploration of this landmark legislation. Join us as we dissect the EU AI Act, unpacking its key provisions and answering some of the questions global companies have been asking. In this episode, we dive deeper into the question: If we are not established in the EU, do we need to worry about the EU AI Act?

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Firms Must Rethink How They Train New Lawyers In AI Age

IP Law 360

As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

Law 97
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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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New Jersey Federal Court Weighs in on Orange Book Patent Listings

JD Supra Law

In recent months, the issue of whether certain patents are appropriately listed in the Food and Drug Administration (FDA) Orange Book, associated with the Hatch-Waxman Act, has garnered the attention of the Federal Trade Commission and courts.

Patent 71
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Celebrating LGBTQI+ Trailblazers During Pride Month

Copyright Alliance

Each year, Pride Month is celebrated throughout the month of June to honor the LGBTQI+ community and the leaders who have helped pave the way for greater equity and inclusion. […] The post Celebrating LGBTQI+ Trailblazers During Pride Month appeared first on Copyright Alliance.

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No More Non-Competes?

JD Supra Law

The Federal Trade Commission (“FTC” or “Commission”) recently issued a final rule banning non-competes throughout the United States. Many employers and stakeholders in U.S. businesses may initially balk at this news. Training new employees often involves disclosing information containing trade secrets to these employees – valuable information that could be utilized to start a competing business or improve a competitor’s operation.

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The Grand Tour of German Automotive—BMW Berlin Motorbikes

Christopher Roser

The last plant of BMW I visited in Germany was in Spandau, Berlin. This was different from BMW Munich and Leipzig. For one, it makes motorbikes, not cars. But its performance was also not as stellar as the best of (German) benchmark plants Leipzig and Munich. But despite some issues, it still performed on an. Read more The post The Grand Tour of German Automotive—BMW Berlin Motorbikes first appeared on AllAboutLean.com.

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The Critical Role of Trade Secrets in the Booming EV Industry

JD Supra Law

Electric car sales in 2023 were 3.5 million higher than in 2022, a 35% increase in one year. The rise in demand for electric vehicles (“EVs”) has prompted many companies to enter the EV battery space. Given the rapid development of, and technological advances required to, create new EVs, innovators in this space are increasingly encountering trade secret theft.

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TTABlog Test: Three Recent Section 2(d) Appeals For Your Consideration

The TTABlog

The rate of affirmance for Section 2(d) refusals is running at about 93% so far this year, a tad higher than usual. Here are three recent TTAB decisions. How do you think they came out? [Answers in first comment.] In re Alex Avila , Serial No. 97253987 (June 11, 2024) [not precedential] (Opinion by Judge Michael B. Adlin) [Section 2(d) refusal of the mark LOVE UNIVERSITY for “educational services, namely, conducting seminars, lectures, teleseminars, teleclasses, and workshops in personal awarene

Music 62
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Contracting for Trade Secret Protection in the Post Non Compete Era

JD Supra Law

In this episode of Tech Talks, we discuss the Federal Trade Commission’s recent ban on non-compete agreements and its implications for employers, as well as strategies for protecting confidential information and trade secrets. Join Gail Levine and Kristine Young, along with host Julian Dibbell, as they explore the practical and contractual measures employers can adopt, the potential consequences if the FTC's rule is struck down, and best practices for contracting with third parties.

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Time's Up! Warner Chappell Music, Inc. v. Nealy and the Discovery Rule Saga

The IPKat

The Florida wild bobcat ponders the implications of the latest SCOTUS decision. In 2018, Sherman Nealy, a Miami based producer, sued Atlantic Records, Warner Chappell, and Artist Publishing Group in Florida federal court over the unauthorised interpolation of the 1984s track “ Jam the box ” in Flo Rida’s “ In the Ayer ,” which was released in July 2008 and managed to peak at No. 9 on the Billboard Hot 100.

Music 60
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Cellect Your Weapon: Navigating Potential Arguments in the Aftermath of In re Cellect

JD Supra Law

In In re Cellect, 81 F.4th 1216 (Fed. Cir. 2023), the US Court of Appeals for the Federal Circuit held that a later-expiring patent can be invalid for obviousness-type double patenting (ODP) in view of an earlier-expiring, commonly owned patent, even if the later expiration date is solely due to patent term adjustment (PTA).[1] The Federal Circuit denied a petition for en banc review of Cellect in January 2024 and, in May 2024, Cellect LLC filed a petition for certiorari with the Supreme Court.

Patent 66
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ITC To Eye Samsung Loss In LCD Patent Suit Against Rival

IP Law 360

The U.S. International Trade Commission decided Monday to review several issues in a judge's decision that cleared Manufacturing Resources International Inc. in a suit by Samsung accusing it of infringing LCD digital display patents.

Patent 59
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Spotlight On: Herceptin® (trastuzumab) / Ogivri® (trastuzumab-dkst) / Herzuma® (trastuzumab-pkrb) / Ontruzant® (trastuzumab-dttb) / Trazimera® (trastuzumab-qyyp) / Kanjinti® (trastuzumab-anns) / Hercessi™ (trastuzumab-strf) - June 2024

JD Supra Law

Trastuzumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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A Mid-Year Check-In: The First Five Months of the Federal Circuit’s 2024 Precedential Rulings

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit continues to shape the patent law landscape each year with its precedential opinions. This year has been no exception, as the court issued a total of 30 precedential opinions on patent issues in the first five months of 2024. In this article, we examine nine significant opinions covering five areas of patent law.

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Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - June 2024

JD Supra Law

Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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Uber, Lyft Dodge Tracking Patent Litigation

IP Law 360

A California federal court has issued a pair of patent eligibility rulings that have ended an inventor's infringement litigation against ride-hailing apps Uber and Lyft.

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Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) - June 2024

JD Supra Law

Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

Patent 63
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Megan Thee Stallion Escapes IP Suit Over 'Savage' Song

IP Law 360

A Manhattan federal judge concluded Tuesday that rapper and songwriter Megan Thee Stallion did not rip off music from a hip-hop producer to create her hit song "Savage" in 2020, saying the plaintiff failed to show that she and the other defendants had access to his composition or that the two songs are substantially or strikingly similar.

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Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo® (pegfilgrastim-bmez) / Nyvepria®(pegfilgrastim-apgf) / Fylnetra™ (pegfilgrastim-apgf) / Stimufend® (pegfilgrastim-fpgk) - June 2024

JD Supra Law

Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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11th Circ. Orders New Shrimp Secrets Trial Over Judge's Exit

IP Law 360

The Eleventh Circuit ordered a new trial in a trade secrets dispute involving breeders of disease-resistant shrimp, saying Tuesday that a magistrate judge who oversaw the trial's conclusion so that a federal judge could catch a flight exceeded his authority by answering jury questions and rejecting a defense counsel's request for clarification on damages awarded.

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Plaintiffs Benefit From SCOTUS Ruling There Is No Time Bar for Copyright Damages

JD Supra Law

Many companies are not strangers to receiving demand letters on behalf of copyright owners. Routine demand letters often allege that the company’s use of what it believed was a stock photo, public domain image, or music on websites or social media is in fact infringing use of copyrighted materials. And, because copyright infringement is essentially a strict liability offense and the Copyright Act provides for statutory damages for infringement of registered works, these demand letters typically.

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Fed. Circ. Won't Revive Philips Communication Patent Claims

IP Law 360

The Federal Circuit on Tuesday sided with Patent Trial and Appeal Board judges who gutted claims in a Philips patent challenged by a Chinese chipmaker that is facing an infringement suit in Delaware.

Patent 52
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AI News Roundup – Backlash from Silicon Valley tech companies, Anti-AI movement, Apple Intelligence, and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.

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Starbucks Among Eateries Facing IP Suits Over Ordering Tech

IP Law 360

Starbucks, Denny's and three other restaurants are the latest to face a patent-licensing company's lawsuits in Texas for allegedly infringing a patent that lets customers place mobile orders on an app or website using a real-time menu that can make personalized suggestions.

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Rapid Review: Boosting the Speed of PCT Application in India

Intepat

In the National Phase of the PCT Application there is no option for the applicant to automatically avail the examination of the Application. The Patent Application will only be examined only when the applicant or any other interested person makes a request for such an examination. It was the amendment of Patent Rules in 2016 that brought about this change wherein the option for an expedited examination was introduced when India was recognized as a competent International Search Authority and Int

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Ex-Yukos Oil Investors Auction Russian Vodka TMs For €1.6M

IP Law 360

The former shareholders of Yukos Oil Co. said Monday they have auctioned the Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, as they continue their effort to enforce $50 billion in arbitral awards against Russia.

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From “homage” to “infringement”

Likelihood of Confusion

Originally posted 2013-11-06 15:06:53. Republished by Blog Post PromoterI’m not so doctrinaire: Sometimes a press release is actually worth posting: For more than thirty years, as hip-hop evolved from the urban streets of New York to its current status as a multibillion dollar industry, hip-hop performers and producers have been re-using portions of previously recorded […] The post From “homage” to “infringement” appeared first on LIKELIHOOD OF CONFUSION™.