Plagiarism Today
FEBRUARY 5, 2024
Recently, Kat Von D won a key jury verdict in a trial over a tattoo. However, it has many copyright watchers scratching their heads. The post Why The Kat Von D Ruling is Confusing appeared first on Plagiarism Today.
JD Supra Law
FEBRUARY 5, 2024
ChatGPT took the world by the storm after OpenAI launched it in November 2022 as a general-purpose AI chatbot that could answer questions ranging from the innocuous to the complex. Since then, similar generative AI applications and the large language models underlying them have proliferated, as have controversies over how they use the works of others.
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Plagiarism Today
FEBRUARY 5, 2024
Universal Music Group ends partnership with TikTok, UK fails to reach AI consensus and Bored Ape Yacht Club wins more damages. The post 3 Count: Silent TikTok appeared first on Plagiarism Today.
JD Supra Law
FEBRUARY 5, 2024
Chanel, the renowned French luxury brand, has historically exercised immense control over the distribution of its products, which has led to its concerns about The RealReal advertising itself as a secondhand retailer of authentic Chanel merchandise.1 Chanel sells luxury fashion and cosmetic products worldwide through its own retail stores, as well as high-end specialty stores such as Saks Fifth Avenue and Nordstrom.
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?
TorrentFreak
FEBRUARY 5, 2024
A DISH Network copyright infringement lawsuit filed in February 2022, demanded $32.5m in damages from UK-based CDN company DataCamp. The original complaint alleged that DataCamp failed to take appropriate action against 11 pirate IPTV services. DISH claimed these clients were repeat infringers after sending over 400 DMCA notices to DataCamp. In many respects the lawsuit was not dissimilar to others that have targeted ISPs and various intermediaries in recent years.
SpicyIP
FEBRUARY 5, 2024
Recently, the issue of using sound recordings during wedding festivities popped up again before the Delhi High Court in Canvas Communications v. PPL. SpicyIP intern Reva Satish Makhija discusses the dispute and gives a nuanced understanding of the oscillating debate between the executive and judiciary on this issue. Reva Satish Makhija is a 3 rd Year law student at Jindal Global Law School, Sonipat.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
FEBRUARY 5, 2024
Image from here [ This post is authored by SpicyIP intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here. ] Some journals have a practice of providing research prompts on which people can potentially write.
IP and Legal Filings
FEBRUARY 5, 2024
Introduction Corporate governance generally refers to how organisations are directed, managed, controlled, and held responsible to its shareholders. Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance. There has been a lot of discussion about corporate governance and the role of company directors, particularly independent directors (henceforth referred
JD Supra Law
FEBRUARY 5, 2024
Join us for the 2024 North Carolina CLE Institute, Hosted by Williams Mullen, a virtual legal education program designed to provide timely legal guidance and help you to secure your CLE credits.
Michael Geist
FEBRUARY 5, 2024
European countries reached agreement late last week on a landmark legislative package to regulate artificial intelligence. AI regulation has emerged as a key issue over the past year as the explosive growth of ChatGPT and other generative AI services have sparked legislation, lawsuits and national consultations. The EU AI Act is heralded as the first of its kind and as a model for Canadian AI rules.
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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.
JD Supra Law
FEBRUARY 5, 2024
California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment contracts, or to require an employee to enter into a noncompete agreement, that does not satisfy an exception under California law—and notes that this "does not constitute a change in, but is declaratory of, existing law.".
IP Law 360
FEBRUARY 5, 2024
Hermès urged the Second Circuit on Friday to ignore arguments on appeal by the non-fungible token creator found liable for ripping off the luxury goods company's Birkin bag that the jury's ruling on intent improperly ignored free-speech art rights.
JD Supra Law
FEBRUARY 5, 2024
Join litigation shareholder Libbie DiMarco as she breaks down the latest developments for mitigating ITC remedial orders with effective litigation strategies ranging from product redesigns (and when to introduce them) to PTAB challenges (and how to leverage the FWDs). By: Wolf, Greenfield & Sacks, P.C.
IP Law 360
FEBRUARY 5, 2024
Last week, Delaware's chancellor gave us 55 billion reasons to keep an eye on the First State in a case involving Tesla CEO Elon Musk's pay package, while the court of equity also took on cryptocurrency, artificial intelligence, space flight and country music.
JD Supra Law
FEBRUARY 5, 2024
We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on goods or in advertising, as demonstrated by: a lawsuit filed against The North Face by a graffiti artist known as "Futura"; a lawsuit filed against Puma North America by Christophe Roberts, an established artist with strong street credibility; and the potentially problematic.
The TTABlog
FEBRUARY 5, 2024
Here are the three Section 2(d) appeals recently decided by the TTAB. So far this year, the affirmance rate of Section 2(d) appeals is over 90%. How do you think these three came out? [Answers in first comment.] In re Ol Happ’s Place Restaurant, LLC , Serial No. 90738221 (January 26, 2024) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of the mark shown below left [FINE FARE, ESTD 1997, and PLACE disclaimed], in view of the registered mark shown below right [PIT B
JD Supra Law
FEBRUARY 5, 2024
Late last year, Chegg Inc. (“Chegg”), an online learning platform, obtained a preliminary injunction based on allegations that the various operators of the Homeworkify website (“Defendants”) – which allows users to view Chegg’s paywalled solutions without creating an account – violated the Computer Fraud and Abuse Act (CFAA). (Chegg Inc. v. Doe, No. 22-07326 (N.D.
IP Law 360
FEBRUARY 5, 2024
Warner Chappell Music Inc. urged the U.S. Supreme Court on Monday to limit the damages a plaintiff can recover in copyright ownership litigation to three years before a complaint is filed, arguing that the only time a party can extend that period is for instances involving fraud.
JD Supra Law
FEBRUARY 5, 2024
At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months, the business world can anticipate an increasingly more complicated corporate environment amid rising geopolitical tensions and regulatory pressures; privacy and ethical concerns over the rapid development of emerging technologies, particularly generative artificial.
IP Watchdog
FEBRUARY 5, 2024
An en banc panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) today heard arguments from LKQ Corporation, the U.S. government and GM Global Technology Operations in a case that could change the test for assessing design patent obviousness. The judges seemed interested in tweaking the existing “Rosen-Durling” test but struggled with getting the parties to clearly articulate a replacement approach wouldn’t be potentially just as bad.
JD Supra Law
FEBRUARY 5, 2024
Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large.
The IPKat
FEBRUARY 5, 2024
The use of trade marks of original equipment manufacturers for non-original spare parts and accessories is frequently the subject of court disputes. As reported here , the Advocate General (‘AG’) did not consider the sale of a non-original radiator grille with a mounting device taking the shape of the Audi logo for an Audi A6 to be infringing. The Court of Justice of the EU (‘CJEU’) disagreed in its recent Audi judgment (case C-334/22 ).
JD Supra Law
FEBRUARY 5, 2024
2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of Washington, D.C. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
Corsearch
FEBRUARY 5, 2024
Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. Industrial designs — also known variously as designs, community designs, and design patents — are a scope of protection that is applied to the ornamental features or appearance of a product.
JD Supra Law
FEBRUARY 5, 2024
As we have previously written about, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ Corp. et al v. GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v.
Garrigues Blog
FEBRUARY 5, 2024
A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. On January 11, 2024, the CJEU ruled on the preliminary question ( Case C-361/22 ) raised by the Spanish Supreme Court in the proceedings between Inditex and Buongiorno Myalert, S.A. regarding the use of the ZARA trademark.
JD Supra Law
FEBRUARY 5, 2024
As of June 2024, Milan will begin hearing cases regarding patents classified in IPC Section (A), which includes pharmaceuticals. Milan will have competence to hear revocation actions, as well as actions for declaration of non-infringement.
Patently-O
FEBRUARY 5, 2024
The Federal Circuit is hearing oral arguments today in the design patent case of LKQ Corporation v. GM Global Technology Operations LLC 21-2348. Judge Stoll’s opinion in the case sides with the patentee GM on the issue of obviousness — affirming a PTAB decision in favor of the patentee. LKQ’s appellate team led by Prof. Mark Lemley argues that Federal Circuit’s obviousness standard (known here as the Rosen-Durling test) makes it too difficult to actual reject or cancel
JD Supra Law
FEBRUARY 5, 2024
As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB. In this case, the PTAB declared an interference between five first-to-file (i.e., post-AIA) patents owned by SNIPR and a first-to-invent (i.e., pre-AIA) patent application owned by Rockefeller.
McBayer IP Blog
FEBRUARY 5, 2024
Posted In copyright , Intellectual Property , Name, Image, and Likeness , Social Media Big business owners, small business owners, entrepreneurs, and influencers are all looking for boosts to their reputations that drive traffic and revenue their way. Using the parlance of the 2020s, they are looking to generate impressions and conversions through clever online marketing—usually leveraging the power and reach of social media platforms.
JD Supra Law
FEBRUARY 5, 2024
The development and implementation of AI-powered tools, including in SaaS platforms, have experienced a meteoric rise over the course of the last year. Businesses are understandably looking to realize competitive advantages from leveraging these new AI technologies, but adding AI to a tech stack can present serious risks related to bias, data ownership, privacy, accuracy and cybersecurity.
IP Law 360
FEBRUARY 5, 2024
A Michigan federal judge on Monday said furniture company Herman Miller Inc. must face a suit filed by the family of George Nelson over the late designer's Bubble Lamp, saying "this opera is still in its opening act.
JD Supra Law
FEBRUARY 5, 2024
On December 28, 2023, District Judge Subramanian (S.D.N.Y.) issued claim construction rulings in Nike, Inc. v. Lululemon USA Inc. on four disputed terms. The Court resolved two of the disputed terms in favor of Nike, Inc. (“Nike”); adopted a modified form of Lululemon USA Inc. (“lululemon”)’s construction in one instance; and rejected both parties’ construction as to a fourth term.
IP Law 360
FEBRUARY 5, 2024
The Federal Circuit has vacated a lower court ruling that Infinity Headwear & Apparel LLC did not infringe a manufacturer's loofah patent, sending the case back for further proceedings.
LexBlog IP
FEBRUARY 5, 2024
Aegis Spine Inc. has agreed to pay $8,000,000 to fellow spinal implant manufacturer Life Spine Inc., following Life Spine’s suit in the Northern District of Illinois alleging Aegis had misappropriated Life Spine’s trade secrets to create a “knockoff” competitive implant. Life Spine, based in Illinois, develops and manufactures medical devices aimed at treating various spinal disorders.
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