Mon.Dec 23, 2024

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Aldi Found Liable for Infringing Competitor’s Packaging Copyright

Plagiarism Today

Aldi has taken a rare legal loss as an Australian court ruled it infringed the copyright of three packages of flavored corn puffs. The post Aldi Found Liable for Infringing Competitor’s Packaging Copyright appeared first on Plagiarism Today.

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Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI

JD Supra Law

Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered answer engine Perplexity AI in the District Court for the Southern District of New York.

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3 Count: Hello and Goodbye

Plagiarism Today

Brazil judge orders Adele song removed, Italian court orders Cloudflare to block piracy and Warner accused of infringing Charlie the Unicorn. The post 3 Count: Hello and Goodbye appeared first on Plagiarism Today.

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Federal Circuit: Patent Must Claim Active Ingredient for Orange Book Listing

JD Supra Law

On December 20, 2024, the U.S. Court of Appeals for the Federal Circuit issued a significant ruling in theTeva v. Amnealcase following oral arguments before the Federal Circuit, which we discussed in ourprevious article. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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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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‘Destroyed’ Usenet Provider Sues Anti-Piracy Group for Millions in Damages

TorrentFreak

The legal saga of News-Service Europe ( NSE ) and anti-piracy group BREIN has taken another dramatic turn. Once a titan in the Usenet world, NSE was forced to shut down in 2011 after BREIN took legal action on behalf of the movie and music industries. In its initial verdict, the Court of Amsterdam concluded that NSE willingly facilitated online piracy through its services.

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Patent Poetry: Vibes, Trade Dress, and AI

JD Supra Law

As the New York Times recently reported, one online influencer is suing another, claiming she stole her vibes..

More Trending

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Patent Poetry: Federal Circuit: Letter Triggers On-Sale Bar in Patent Case

JD Supra Law

The Federal Circuit reversed and remanded a district courts finding that patents were not invalid under the on-sale bar, finding that a letter sent to a Colorado company triggered the bar.

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How Fair Use Favors OpenAI in the ANI Lawsuit

IP and Legal Filings

INTRODUCTION AND CONTEMPORARY RELEVANCE Ever since ANI filed a lawsuit against OpenAI for alleged infringement of its copyright, existing discrepancies in the legal framework surrounding its permissible bounds have cropped up, and policymakers all over hope to receive much-needed clarity on the issue through the medium of this verdict. Fair Use is one of the principles being mooted in defense of OpenAI to argue that the latters Use of the formers copyrighted content fits within Fair Use threshol

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Judge Newman Files Appeal with D.C. Circuit

JD Supra Law

The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading up to the suspension;see.

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The Top Legislative Developments of 2024 for Trademarks

IP Watchdog

In 2024, Americas legislators continued their effort to fight against the harmful impact of counterfeit products being sold to American consumers. Counterfeit sellers often detract from the revenue of American businesses, infringe upon U.S. trademark owners intellectual property, and threaten the safety of U.S. consumers. Americas elected officials are trying to protect their constituents, along with their businesses, via legislation intended to make it more difficult for counterfeit sellers to

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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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Federal Circuit Patent Watch: Deterrence Sanctions Affirmed for Bad Faith Filings of Meritless Lawsuits

JD Supra Law

Precedential and Key Federal Circuit Opinions - 1. CYTIVA BIOPROCESS R&D AB v. JSR CORP. [OPINION] (2023-2074, 12/4/2024) (Prost, Taranto, Hughes) - Prost, J. The Court affirmed the PTABs IPR determination that certain composition claims are unpatentable and reversed its determination that certain process claims are not unpatentable.

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SpicyIP Tidbit: Understanding the Powers of Regional Directors under Companies Act vis a vis Trademark Similarity

SpicyIP

Image from here [This post has been authored by SpicyIP intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur.] In a decision passed on November 11, the Delhi High Court held that the Regional Director under the Companies Act has no jurisdiction to decide ownership of trademark.

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Reviewing 2024's Crucial Patent Law Developments

JD Supra Law

As 2024 draws to a close, several crucial developments some aimed at modernizing long-standing legal practices, others addressing emerging challenges have reached patent law. Originally published in Law360 - December 20, 2024. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Call for Submissions: GNLU’s Journal of Law and Technology

SpicyIP

We are pleased to announce that Gujrat National Law University, Gandhinagar is inviting submissions for its Journal of Law and Technology (ISSN: 3048-9989 (Print)) on rolling basis. For further details, please read their call and the guidelines below- Call for Submissions: GNLU’s Journal of Law and Technology About the Journal Gujarat National Law University (GNLU) is the statutory university established by the Government of Gujarat under the Gujarat National Law University Act, 2003 and i

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Nintendo Finally Sues Palworld Developer, but Not for Copyright Infringement

JD Supra Law

When the Palworld video game was released in January 2024, many commentators were quick to point out the games striking similarities to the well-known Pokmon series. Both games are considered part of the monster tamer genre, where players capture creatures, train them, and then battle them against similar creatures. Some commenters noted that many creatures in both games share similar traits, abilities, and appearances, describing Palworld as Pokmon with guns..

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BREAKING: ITC Judge Says Amazon Infringed Nokia Video Tech IP

IP Law 360

A judge at the U.S. International Trade Commission has found that Amazon was infringing a series of Nokia patents related to video technology.

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Beams of Light Fail to Strike a Chord with the Board

JD Supra Law

The Guitar Hotel in Hollywood, Florida is a hotel in the shape of the body of a guitar, with six lit-up strings running vertically up the surface of the building. At 7 pm daily, the hotel conducts a music and light show choreographed to different songs. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Two recent amicus briefs: Santos v. Kimmel and Sedlik v. Von Drachtenberg

43(B)log

In the Second Circuit, supporting fair use on a motion to dismiss in Santos v. Kimmel , and in the Ninth Circuit, supporting the jury's verdict of lack of substantial similarity in Sedlik v. Von Drachtenberg.

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Interoperable or Infringing: Ninth Circuit Requires “Something More” for Rightsholders to Claim Derivative Works

JD Supra Law

In a closely watched appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit recently vacated a permanent injunction from the District of Nevada against software provider Rimini. Oracle Intl Corp. v. Rimini St., Inc., No. 23-16038.

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BREAKING: Biden Targets Chinese Chip Industry In Sweeping Trade Probe

IP Law 360

The Biden administration opened an investigation into China's semiconductor industry Monday, setting the stage for potential new sanctions against Beijing over its purported use of unfair trade practices to dominate the global microchip market.

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Domain Name News: November/December 2024

JD Supra Law

This is the November / December 2024 edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: ORG surges ahead /.ID hits the one million mark.

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The Future is Global: SEP Licensing in China, the UK and EU in 2024

IP Watchdog

The past year was marked by change around the world, from significant geopolitical events and elections with far-reaching implications to the dramatic acceleration of AI adoption, which is quickly changing many aspects of how we live and work. Standard Essential Patent (SEP) licensing was no exception, as the space saw a number of new trends and shifts that may have an impact for a long time to come.

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New Year, New Fees: USPTO Surcharges and Fee Increases for Trademark Filings in 2025

JD Supra Law

The U.S. Patent and Trademark Office ("USPTO") will raise trademark fees across the board and introduce new application surcharges starting January 18, 2025.

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BCW Takes a Stand Against Ultra Pro’s Trademark Infringement Claims in Card Protection Dispute

Indiana Intellectual Property Law

BCW Diversified, Inc. (BCW) has filed a declaratory judgment complaint against Ultra PRO International, LLC (Ultra Pro) seeking a court declaration that BCWs conduct does not infringe , dilute , or constitute unfair competition regarding Ultra Pros alleged trademarks for plastic trading card holders. Specifically, BCW contests Ultra Pro’s claims over marks such as TOPLOADER, PENNY SLEEVES, PRO-BINDER, MINI SNAP, CHROMAFUSION TECHNOLOGY, and DECK VAULT, which BCW argues are either invalid o

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Trademark Tussle: When Elves Land on the Naughty List

JD Supra Law

'Tis the season for a Christmas lawsuit? Yes, that's right. This year, Santa's workshop is abuzz with more than just toymaking. Indeed, instead of focusing on their mischievous escapades of making snow angels in flour on kitchen counters across the country, those impish little elves have become the protagonists in a very different kind.

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SpicyIP Weekly Review (December 16 – December 22)

SpicyIP

Here is our recap of last weeks top IP developments including summaries of the posts on formulation/composition claims and Section 3(d), Managing IPs Most Influential People in IP List, and Mdecins Sans Frontires (MSF) suit against Dharma Production. This and a lot more in this weeks SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.

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Get Ready: USPTO Trademark Fees Increase January 18, 2025

JD Supra Law

The United States Patent and Trademark Office (USPTO) recently issued a final rule adjusting certain trademark fees for United States trademark applications and registrations. Most aspects of the rule go into effect January 18, 2025, so practitioners and rights holders should be ready for the change and plan ahead to avoid unnecessary costs if possible.

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When counterfeits are serious business

Likelihood of Confusion

Originally posted 2010-06-25 00:38:19. Republished by Blog Post PromoterThe New York Times writes about counterfeit drugs, the tragedies that follow in their wake and the reality of enforcement. Via the NCPA website. The post When counterfeits are serious business appeared first on LIKELIHOOD OF CONFUSION.

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AI and copyright: U.K. launches broad consultation on potential changes

JD Supra Law

As foreshadowed in our previous blogpost, the U.K. government has now published a wide-ranging open consultation on AI and copyright. At the centre of the consultation sits the proposal for a text and data mining (TDM) exception to cover the training of AI systems for commercial purposes.

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The Federal Circuit’s Divided Path on Divided Infringement

Patently-O

by Dennis Crouch The Federal Circuit recently issued an important decision refining how courts should analyze infringement of system claims when multiple parties are involved in operating different components of the claimed system. This post looks at the court’s new decision in CloudofChange, LLC v. NCR Corp. , No. 23-1111 (Fed. Cir. Dec. 18, 2024) and contrasts it Centillion Data Systems, LLC v.

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Maybe The Third Time Is The Charm After All.

JD Supra Law

Nokia of America Corp. v. Alexander Soto and Walter Soto, IPR2023-00680, IPR2023-00681, IPR2023-00682 (P.T.A.B. Dec. 3, 2024) - On December 3, 2024, USPTO Director Kathi Vidal, for a second time, granted Director Review of the Patent Trial and Appeal Board (Board)s denials of institution of inter partes review (IPR) in three proceedings.

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[Book Review] Research Handbook on the History of Trademark Law

The IPKat

This is a review of the new book, Research Handbook on the History of Trademark Law , edited by Lionel Bently (University of Cambridge) and Robert G. Bone (University of Texas). The volume would fit nicely under a normal-sized Christmas tree Readers of this blog know that trade mark law is rife with new developments and heated debates. But as the editors highlight in their introduction, there has been limited attention to trade mark history (in contrast to the extensive scholarly attention to th

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New Declarations with a Sur-reply Require Extraordinary Circumstances

JD Supra Law

In a 2-1 decision, the Patent Trial and Appeal Board (PTAB) denied a patent owners motion to file two new declarations in connection with its sur-reply, holding that the patent owner failed to prove the extraordinary circumstances necessary for such a filing. See Omega Liner Company, Inc. v. Buergofol GmbH, No. IPR2023-01372, Paper 44 (P.T.A.B. Nov. 18, 2024).

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25 Great Slogans

Erik K Pelton

The following is an edited transcript of my video 25 Great Slogans. A catchy slogan is a great way to convey a message about a brand. Slogans have a little more freedom and flexibility to be fun, playful, memorable, and convey more of a message about what makes your business unique in the field of products or services. HBO: It’s not TV, it’s HBO.

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General Court: How to avoid mistakes when correcting mistakes

The IPKat

The EU legislator was aware that nobody is perfect and did not only allow to appeal the decisions of the European Union Intellectual Property Office (EUIPO) and its Boards of Appeal (BoA) but also provided mechanisms to self-correct their decisions. Art. 102(1) EUTMR deals with the Correction of errors and manifest oversights and reads: [The EUIPO/BoA] shall correct any linguistic errors or errors of transcription and manifest oversights in its decisions, or technical errors attributable to it i

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