Tue.Oct 22, 2024

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How to enforce trademark rights

Erik K Pelton

The following is an edited transcript of Chapter 17 of my book video Building a Bold Brand: Enforcement vs. Others An important tool to keep a brand strong and legally protected is to deal with infringement situations when they arise, whether you are the accuser or the alleged infringer. The great majority of infringement matters are resolved without litigation, and the great majority of trademark litigation cases that are filed are resolved without a verdict from a court.

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Volume IX, Issue I [Submit by January 10, 2025]

SpicyIP

We’re pleased to announce that National Law University, Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume IX, Issue I). The last date for submissions is January 10, 2025. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.

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Copyright Claims Board Releases Key Statistics

Plagiarism Today

The Copyright Claims Board has released statistics about its first 1,000 cases. Here's what the numbers say. The post Copyright Claims Board Releases Key Statistics appeared first on Plagiarism Today.

Copyright 290
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Cox Tells SCOTUS to Deny Sony’s Petition or Make a Bad Situation Worse

IP Watchdog

Cox Communications is the latest to file a brief in the battle between it and Sony Music Entertainment over whether an internet service provider (ISP) should be liable for infringement by its subscribers. According to Cox’s brief in opposition to Sony’s petition for certiorari, “[p]etitioners want to make a terrible situation even worse.” Music publishers including Sony, Arista Records, Warner Music and Universal Music Group filed copyright claims against Cox in July 2018, alleging that Cox was

Music 105
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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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3 Count: Blade Runner 2024

Plagiarism Today

Film company sues Tesla over Blade Runner clips, NBA teams deny social media infringement, and News Corp sues Perplexity The post 3 Count: Blade Runner 2024 appeared first on Plagiarism Today.

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NFL Player Uses Pirate Streaming Site to Watch His Own Team

TorrentFreak

Last year, the NFL asked the U.S. Government’s Patent and Trademark Office to help tackle live-streaming piracy. Together with the NBA and UFC, the football league asked the government to make DMCA takedown requests more effective. NFL argued that when it comes to live sports streaming, long delays render takedown requests practically useless, as most of the value of live sports content lies in its real-time nature.

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Patent Office Issued 211 Patents to Indiana Entities in September 2024

Indiana Intellectual Property Law

The U.S. Patent Office issued the following 211 patents to persons and businesses in Indiana in September 2024: PATENT NUMBER PATENT TITLE US 12098575 B2 Transverse concealed latch system US 12096989 B2 Plan implementation US 12096745 B2 Animal crate with swing or drop door assembly US 12097128 B2 System and method for preparing a patient’s femur in an orthopaedic joint replacement procedure US 12098537 B2 Modular clearspan building, and

Patent 52
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Bring Back Patent Models To Shut Down The Patent Trolls

IP Law 360

By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

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‘A Second Bite at the Apple’: Copyright Case Highlights Section 203 Recapture Rights

JD Supra Law

A recent decision that will allow rap group 2 Live Crew to terminate a prior transfer of its copyrighted songs to a record label is a reminder that, due to a unique provision of the Copyright Act of 1976, every company that owns copyrights through assignment is sitting on a potential timebomb with a 35-year-long fuse.

Copyright 106
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The 2024 Prestige Leaders

IP Law 360

Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

Law 98
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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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Trial Court Determination That A Complaint Allegation Is Conclusory Is Subject To De Novo Review

JD Supra Law

On October 8, 2024, the U.S. Court of Appeals for the Federal Circuit vacated a decision by the District of Connecticut that had dismissed AlexSam, Inc.’s patent infringement claims against Aetna, Inc. AlexSam had alleged that Aetna’s Mastercard-branded and VISA-branded products infringed claims of AlexSam’s U.S. Patent No. 6,000,608 (“’608 patent”).

Branding 105
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Anthropic Says Fair Use Bars Authors' Copyright Class Action

IP Law 360

Anthropic PBC will mount a fair use defense against allegations from a proposed class of authors and journalists who sued the artificial intelligence company in August for allegedly ripping off their copyrighted work to train its large language model Claude.

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The Utah “Hockey Club” – How The New Utah NHL Team Is Protecting Its Brand Flexibility With Intent-To-Use Trademark Applications

JD Supra Law

“Let’s Go Hockey Club!” does not evoke the same level of inspiration as “Let’s Go Hawks!” What’s Happening with the New Utah NHL Team? Utah will be the first team in the National Hockey League (“NHL”) not to have a mascot. The team, formerly the Arizona Coyotes, will be generically rebranded as the “Utah Hockey Club” for at least the upcoming 2025-26 season.

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Will Gen A.I. Pay-Off for Owners? A $low Start Seeds Skepticism and Small Model Competition

IP Close Up

After closing its latest round of funding on October 2nd, OpenAI, the company behind ChatGPT, is now valued at an incredible $157 billion.

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Creator Spotlight with Nature Photographer Jackie Schletter

Copyright Alliance

This week, we’d like to introduce you to nature photographer Jackie Schletter. Jackie is an award-winning photographer who has achieved numerous accolades over the years, including placing first in Soba’s 30th Annual Judged Show […] The post Creator Spotlight with Nature Photographer Jackie Schletter appeared first on Copyright Alliance.

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Revisiting Ty v. GMA

43(B)log

Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167 (7th Cir. 1997), features dueling bean bag animals. I've never been convinced the two pigs at issue were substantially similar, even in staged pictures, but Harvard's amazing librarians finally dug up a color picture of the two cows at issue, and they're a lot more similar. which plausibly influenced the court's reasoning on the pigs.

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'Dewberry' Ruling Doesn't Threaten Corporate Veil, Justices Told

IP Law 360

An engineering company that won millions of dollars in a trademark case against a real estate developer that tried to use the "Dewberry" name for a hotel told the U.S. Supreme Court Tuesday to let that ruling stand, arguing that the Fourth Circuit ruling in its favor doesn't undermine the corporate veil.

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On the Quality of KPIs

Christopher Roser

In this second post on KPIs, I will look at the quality of key performance indicators (KPIs). These are essential tools for measuring an organization’s progress toward its strategic goals. The quality of these indicators is critical as it impacts management’s decision-making and subsequent actions. Let’s have a look! Quality of the KPI Another important.

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Pot Co. Says Rolling Paper Co. Has Limited 'Juicy' Mark Rights

IP Law 360

The maker of Raw rolling papers may have a trademark on "Juicy" when it comes to tobacco goods but that doesn't extend to marijuana products, a Colorado cannabis company has told a federal court, urging that an infringement suit against it be tossed.

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Loot Boxes And Online Gaming: The Need For Regulation In India

IP and Legal Filings

INTRODUCTION The term Loot Boxes is new to the Indian Economy but not to the online gaming platforms. It might appear on your screen while watching a random YouTube video. This advertisement appears with a splash of color, a grandiose soundtrack, and the promise of “legendary rewards.” Loot boxes appear on the screen, waiting to be opened.

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10th Circ. Affirms Energera Broke Deal By Filing Patent Suits

IP Law 360

The Tenth Circuit has ruled that both basic logic and "ordinary grammar" support the finding that a covenant not to file any further patent infringement lawsuits was broken by Colorado oil field equipment supplier Energera when it continued to sue Fuel Automation's future customers over "related" patents.

Patent 52
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An emphatic NO!

Likelihood of Confusion

Originally posted 2014-09-08 18:10:23. Republished by Blog Post Promoter Chatty Kathy: German designer Wolfgang Joop’s bid to have a punctuation mark trademarked [sic] for his Joop! clothing and perfume company has been denied by European Union judges. Joop applied to register two versions of an exclamation point: the first is a simple exclamation and the […] The post An emphatic NO!

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IQVIA, Veeva Blast Summary Judgment Bids In Secrets Suit

IP Law 360

Life sciences data giant IQVIA Inc. and competitor Veeva Systems Inc. slammed each other's summary judgment bids made public Tuesday in a trade secrets lawsuit in New Jersey federal court, with Veeva arguing that IQVIA's purported trade secrets are hardly confidential and IQVIA saying Veeva's assertions are "a last-ditch effort to avoid liability.

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Navigating Unexpected Results: PTAB Decision Outlines Key Requirements for Rule 132 Declarations

Patently-O

by Dennis Crouch In a recent decision, the PTAB affirmed an examiner's obviousness rejection of claims related to an anodizing process for aluminum and magnesium alloys. Ex parte Eidschun , Appeal 2023-003437 (PTAB Oct. 16, 2024). The case offers an example of a R132 declaration from the inventors that was deemed insufficient to provide evidence of unexpected results in order to rebut obviousness arguments.

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PTAB Axes Some Provisur Food Slicer Patent Claims

IP Law 360

The Patent Trial and Appeal Board has found Weber Inc. was able to show most of the claims in a pair of food slicer patents owned by rival Provisur Technologies were invalid as obvious, the latest in a fight that made its way to both the Federal Circuit and the U.S. Supreme Court.

Patent 52
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Replay of and Slides from Michael Keyes Webinar on "Avoiding Consumer Survey Pitfalls at the TTAB"

The TTABlog

In case you missed it, Dorsey IP litigation partner and consumer survey expert, Michael Keyes, has provided us with a link ( here ) to a replay of last week's entertaining and informative webinar entitled "Avoiding Consumer Survey Pitfalls at the TTAB." You may also download a pdf of his slides. Again, thank you Mike. Consumer surveys are on the rise at the TTAB.

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Biotech Cos. Keep Dancing Despite Purple Book Disclosures

IP Law 360

Neither biologic nor biosimilar makers have dramatically altered how they engage in exchanging patent information with each other in the three years since a law went into effect making more of that data public, surprising attorneys who expected a certain amount of gamesmanship and withholding.

Law 52
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Never Too Late: If you missed the IPKat last week!

The IPKat

Here is a weekly catch-up of what you might have missed! Copyright Katfriend Lucius Klobučník (Aston University) reported on the decision of the Spanish Competition Authority of June 2024. CMO SGAE arranged their licensing fees according to the “flat rates” instead of “effective use rates.” This charge was considered unfair due to the dominant position of SGAE in the market.

IP 68
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IP Atty Group Wants Fed. Circ. To Back Fintiv But Scold USPTO

IP Law 360

A group that advocates for intellectual property lawyers and patent owners has urged the Federal Circuit to uphold Patent Trial and Appeal Board precedent allowing its judges the discretion to deny patent reviews based on how proposed reviews overlap with related litigation in other forums.

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The invalidity of the trademark “Pierre Cadault”: bad faith in the registration of trademarks

Garrigues Blog

Protecting fictional characters under intellectual property law is crucial given the economic and cultural value they can acquire. An example of this is the trademark “Pierre Cadault”, which monopolizes the name of the main character in Emily in Paris and was contested on the grounds of bad faith. Cancellation decision No. C 64 100 by the European Union Intellectual Property Office ( EUIPO ) is an example of how trademarks can be contested due to being registered in bad faith.

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Judge Skeptical Amgen Can't Sue Over Colo. Drug Price Caps

IP Law 360

A Colorado federal judge on Tuesday seemed to doubt the state could short-circuit drugmaker Amgen's challenge to the state's drug price cap system, pressing the state to explain why limiting what consumers ultimately pay does not affect what companies like Amgen can charge.

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Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program

JD Supra Law

Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts and the multiple government incentives supporting the transition to greener technologies.

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The Key To Solving High Drug Costs Is Understanding Causes

IP Law 360

One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

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Helping Small Business with Innovation and IP | IPWatchdog Unleashed

IP Watchdog

This week we explore small and medium sized enterprises, often referred to simply as SMEs. And in particular, we take a look at how two different countries are working with their own small businesses to assist them with respect to innovation and intellectual property. To accomplish this, I turned to two friends – Mike McLean and Joe Doyle, who work to assist SMEs in Canada and Ireland respectively.

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Patent Office Finds Permanent Public Engagement Leader

IP Law 360

The U.S. Patent and Trademark Office has tapped a former U.S. Small Business Administration program specialist to head the patent office's recently created section meant to bolster its outreach and communication efforts.

Patent 52