IP Watchdog
SEPTEMBER 13, 2024
Gemini Data, Inc., an AI software company, has sued Google, LLC for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.” In February 2024, Google announced it would be re-branding BARD to GEMINI and attempted to register the trademark with the U.S.
The IPKat
SEPTEMBER 13, 2024
This TechieKat is delighted to continue reporting on the Digital Knowledge – The Library and Copyright in a Global Digital Economy conference, organized by the National Library of Sweden in collaboration with the national IPO Swedish Intellectual Property Office (PRV) and the Stockholm Centre for Commercial Law at the Law Faculty at Stockholm University.
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TorrentFreak
SEPTEMBER 13, 2024
A few weeks before the U.S. Department of Justice announced the criminal prosecution of two alleged Z-Library operators in 2022, the French Publishers Union (SNE) had already targeted the site indirectly. In August that year, SNE obtained an order at a Paris Court, requiring French ISPs to block more than 200 domain names. By November 2022, the order was largely moot.
IP Law 360
SEPTEMBER 13, 2024
A technology company has claimed it introduced a Canadian hardware seller to confidential contacts looking to buy graphics processors, and the seller secured sales from them, but is now withholding around $10.5 million in referral fees.
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?
The Illusion of More
SEPTEMBER 13, 2024
The Chamber of Progress launched an initiative called the “Generate and Create” campaign to “defend fair use” and “promote AI creativity.” I don’t know whether they bought this campaign used from the basement of Fight for The Future or Electronic Frontier Foundation, but the following statement is worn-out rhetoric that sounds even weaker defending AI […] The post Chamber of Progress: Old Rationales for a Brave New World appeared first on The Illusion of More.
IP Law 360
SEPTEMBER 13, 2024
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms towards entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Kluwer Copyright Blog
SEPTEMBER 13, 2024
The Advocate-General’s opinion in the Kwantum v. Vitra referral is remarkable in several ways. The case concerns the protection under Dutch copyright of the iconic “DSW” chair designed by American designers Charles and Ray Eames. Kwantum, a popular low-budget furniture store chain, sold copies of the chair without rightholder Vitra’s permission. Before the Dutch courts the case turned on the interpretation of Article 2(7) of the Berne Convention – an exception to Berne’s ground rule of national
JD Supra Law
SEPTEMBER 13, 2024
As the manufacturing sector continues to embrace the hyper-connected era of Smart Manufacturing, known as Industry 4.0, more and more organizations are integrating advanced automation, artificial intelligence (AI), the Internet of Things (IoT), and other cutting-edge innovations into their operations. This transformation promises unprecedented levels of efficiency, production optimization, and innovation.
The IPKat
SEPTEMBER 13, 2024
In the latest instalment in the Halloumi saga, the High Court of England & Wales (the "Court") handed down its judgment in Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v Fontana Food AB on 9 September 2024. This is the first decision from Tom Mitcheson KC since his appointment as Deputy Judge of the High Court.
JD Supra Law
SEPTEMBER 13, 2024
A federal court in Virginia recently ruled that it had federal question subject matter jurisdiction over a Defend Trade Secrets Act (DTSA) claim, rejecting Defendants’ argument that a foreign bankruptcy proceeding stayed the DTSA claim and deprived the court of jurisdiction. JTH Tax LLC, d/b/a Liberty Tax Service v. Lowensky Cortorreal, 2024 WL 3928884 (E.D.
Advertiser: IPO
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.
The TTABlog
SEPTEMBER 13, 2024
Here are three recent TTAB Decisions in Section 2(d) appeals. At least one of the appeals led to a reversal. How do you think they came out? In re Kristian J. Bell , Serial No. 97497611 (September 10, 2024) [not precedential] (Opinion by Judge Martha B. Allard). [Section 2(d) refusal of the mark shown first below in view of the registered mark shown second below, both for real estate brokerage services.
JD Supra Law
SEPTEMBER 13, 2024
This is part three of our examination of the European Union’s new artificial intelligence law (the “EU AI Act”). In part one, we introduced the scope of the EU AI Act and discussed what types of AI systems are outright banned. In part two, we discussed high-risk AI systems. In this article, we look at the requirements for general-purpose AI models.
IP Law 360
SEPTEMBER 13, 2024
Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.
JD Supra Law
SEPTEMBER 13, 2024
In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed. See Loper Bright Enterprises v. Raimondo, 2024 U.S. LEXIS 2882 (June 28, 2024). Most prominently, some have worried (or hoped, depending on their point of view), that the Federal Circuit’s decision in Suprema, which affirmed the ITC’s authority to find a Section 337 violation based on.
Patently-O
SEPTEMBER 13, 2024
by Dennis Crouch I have been reading a good number of PTAB decisions recently to try to get my head wrapped around the current state of the obviousness and eligibility doctrines within the USPTO. The Board's recent decision in Ex parte Annakov is on point. The case involves a distributed service-and-transaction system for aircraft passengers, and the examiner rejected the claims both for lack of eligibility under § 101 (all the claims) and as obvious under § 103 (most of the claims).
JD Supra Law
SEPTEMBER 13, 2024
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to present on September 13 at the New York City Bar Association’s continuing legal education program, Intellectual Property Licensing 101. The session covered data licensing and discussed the two primary issues—how to protect data as an asset, and how to license data.
43(B)log
SEPTEMBER 13, 2024
Illinois Tool Works Inc. v. J-B Weld Co., No. 3:19-cv-1434 (JAM), 2024 WL 4117244 (D. Conn. Sept. 9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” Here, the court kicks out Lanham Act claims/counterclaims on summary judgment for want of materiality—for “Made in USA” and the term “epoxy”—as well as another claim on laches grounds.
JD Supra Law
SEPTEMBER 13, 2024
The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court’s opinion on this episode of The Briefing.
IP Law 360
SEPTEMBER 13, 2024
Baby product maker Grownsy International has sued competing manufacturer Tushbaby Inc. in Illinois federal court, seeking judgment that its baby carrier products do not infringe trade dress rights and alleging Tushbaby is attempting to harm its reputation and diminish sales.
JD Supra Law
SEPTEMBER 13, 2024
What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was distraught to learn that several individuals applied to register with the United States Patent and Trademark Office (the “USPTO”) a catchphrase she made famous.
IP Law 360
SEPTEMBER 13, 2024
United Therapeutics Corp. owes Sandoz Inc. $137.2 million for conduct that breached an earlier settlement agreement between the parties and effectively blocked the sale of Sandoz's generic version of an injectable drug to treat hypertension, a New Jersey federal judge has ruled.
JD Supra Law
SEPTEMBER 13, 2024
The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under the Lanham Act, particularly in the context of disgorgement of profits. Central to the case is whether Dewberry Group could be held liable for profits generated by its affiliates, through the use of infringing marks, despite the affiliates being separate legal entities.
IP Law 360
SEPTEMBER 13, 2024
A Texas federal jury on Friday found that Samsung owes Mojo Mobility Inc. $192.1 million for infringing five wireless charging patents with its Samsung Galaxy smartphones and other devices.
JD Supra Law
SEPTEMBER 13, 2024
The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court’s opinion on this episode of The Briefing.
IP Law 360
SEPTEMBER 13, 2024
Monster Energy Co. has launched a suit in California federal court that accuses a Miami-based company of marketing and selling supplements that infringe Monster's "Beast"-related trademarks.
JD Supra Law
SEPTEMBER 13, 2024
On December 1, 2023, Intelligent Wellhead Systems, Inc. (“Intelligent”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 11,401,779 (“the ’779 Patent”) (“IPR256”), assigned to Downing Wellhead Equipment, LLC (“Downing”). Intelligent asserted five grounds of unpatentability, including an anticipation ground and an obviousness ground that both relied solely upon U.S.
IP Law 360
SEPTEMBER 13, 2024
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
Olartemoure Blog
SEPTEMBER 13, 2024
On 2 September 2024, the Andean Court of Justice issued Prejudicial Interpretation (PI) 227-IP-2023, which clarifies the potential abuse of dominant position by collecting management organizations (CMOs). CMOs are responsible for, among others. monitoring, licensing , and collecting royalties for their clients. PIs are binding opinions on issues of Andean law that the ACJ issues within judicial actions before Andean Member countries (Colombia, Peru, Ecuador and Bolivia) in an effort to harmonize
IP Law 360
SEPTEMBER 13, 2024
A Colorado-based mobile outfit that administers IV treatments to customers in their homes must stop all advertising and web promotion that gives the impression it offers Eli Lilly medications, according to a settlement approved by a federal judge
Olartemoure Blog
SEPTEMBER 13, 2024
On August 30th, the Administrative Department of the Presidency of the Republic (“DAPRE”) issued Decree 1122 of 2024, which regulates Article 73 of Law 1474 of 2011, as amended by Article 31 of Law 2195 of 2022. This decree establishes new guidelines for the Transparency and Public Ethics Programs (PTEP). The PTEP is a set of actions implemented by entities to promote a culture of legality and to identify, measure, control, and monitor the risks of corruption associated with their activities.
IP Law 360
SEPTEMBER 13, 2024
An incoming decision from the European Union's top court could present a back door for parties to bring claims tied to non-EU patents before the Unified Patent Court— meaning that U.K. patents could end up being litigated in the bloc.
Olartemoure Blog
SEPTEMBER 13, 2024
OlarteMoure has been recognized as the fifth most innovative company in Colombia in 2024, according to the study conducted by ANDI in collaboration with Dinero. This recognition underscores the importance of innovation not only as a competitive strategy , but also as a fundamental necessity for business growth and the country’s development. The ranking evaluated 389 companies, grouping them into different innovation archetypes, such as inventors , rebels, visionaries and heroes.
IP Law 360
SEPTEMBER 13, 2024
Two companies specializing in eyelid cleaning technology have reached a deal to settle their dispute in California federal court after the court refused to dismiss the infringement allegations.
Olartemoure Blog
SEPTEMBER 13, 2024
In 2021, the Spanish designer Laura Ivorra applied for the registration of one of her jewelry designs as a figurative trademark before the EUIPO, which consisted of three medals representing a vulva. In the first instance decision, the EUIPO denied the trademark registration, considering that it was contrary to public order and good customs, since it could be associated with the Virgin Mary due to the similarity between the designed female genitalia and the way the Virgin is represented in charm
IP Law 360
SEPTEMBER 13, 2024
Danone has rebuffed a bid by food and drink giant Nestlé to scrap its European patent for a whey protein composition, as it proved that using gum arabic as a sugar substitute was a new invention.
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