Plagiarism Today
JUNE 3, 2024
Google's AI-powered search has become equal part pariah and laughingstock. Here's how it handles basic copyright questions. The post Grading Google’s AI on Copyright Questions appeared first on Plagiarism Today.
Erik K Pelton
JUNE 3, 2024
I recent sat down with Alt Legal to share best practices for searching trademark designs or logos with the new USPTO search system. Watch below: For more, see [link] The post Tips for searching logos and design trademarks at the USPTO appeared first on Erik M Pelton & Associates, PLLC.
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SpicyIP
JUNE 3, 2024
After assessing the requirement to mandatorily disclose the source of genetic resource/ associated traditional knowledge under the recent WIPO treaty, in part II of his post, Dr. Anson CJ takes a look at the implication of this requirement on India. Dr. Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi and has previously contributed to the blog here.
Michael Geist
JUNE 3, 2024
Bill S-210, the mandated age verification bill for pornography sites that in reality targets everything from Google Search to Netflix , was expected to be the subject of extensive hearings by the Standing Committee on Public Safety and National Security. But after a Conservative filibuster , it appears that there will be only one hearing and that the bill will be reported back to the House unamended.
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?
IP Law 360
JUNE 3, 2024
The Federal Circuit's decision discarding long-standing tests for proving that a design patent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more design patent applications being turned down.
TorrentFreak
JUNE 3, 2024
With more than a quarter billion site visits between February and April, pirate streaming site Fmovies is seen as a major threat by Hollywood. The pirate site rivals legal streaming platforms such as Disney+ in web traffic and has become the poster child for rejuvenated site blocking proposals in the U.S. Congress. Fmovies is no newcomer to the pirate streaming market.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JUNE 3, 2024
While rightsholders in Belgium have been slightly less vocal in support of site-blocking measures than others around Europe, they now appear to be making up for lost time. With rightsholders eager to block large swathes of pirate sites and local ISPs on record saying they want exactly the same thing , an application for a blocking injunction filed by DAZN’s Eleven Sports Network in March showed partners working together.
JD Supra Law
JUNE 3, 2024
At last week’s INTA Annual Meeting, Sterne Kessler Counsel Lauriel Dalier moderated a discussion with Jason Lott, Managing Attorney for Trademarks Customer Outreach at the United States Patent and Trademark Office, on utilizing the USPTO’s new Federal Trademark Search System. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
43(B)log
JUNE 3, 2024
Bustamante v. KIND, LLC, 100 F.4th 419 (2d Cir. 2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. The complaint alleged that eleven ingredients contained in some relevant KIND products were “non-natural”: Soy Lecithin; Soy Protein Isolate; Citrus Pectin; Glucose Syrup/“Non GMO” Glucose; Vegetable Glycerine; Palm Kernel Oil; Canola Oil; Ascorbic Acid; Vitamin A Ace
JD Supra Law
JUNE 3, 2024
Kilpatrick partner Ted Davis spoke recently at the American Intellectual Property Law Association’s spring meeting and at the International Trademark Association’s annual meeting on recent developments in United States trademark and unfair competition law over the trailing twelve months.
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The IPKat
JUNE 3, 2024
Kat-cafè in Munich The Katfriends at Kisaco Research are always busy organizing industry-focused events in the IP field. Readers interested in the life science sector will be pleased to learn that this year’s Life Science Strategy Summit on IP & Exclusivity will take place in Munich (Germany) between 8 and 10 October 2024. This conference intends to gather the leading pharmaceutical and biotech professionals for 3 days of practical discussion on the protection of pharmaceutical drugs based o
JD Supra Law
JUNE 3, 2024
On March 18, the USPTO issued a guidance document on how to examine claims that recite functional limitations without necessarily using the term “means” under 35 U.S.C. § 112. The guidance document aims to improve clarity, consistency, and predictability of examination under § 112 for different technology areas.
The IPKat
JUNE 3, 2024
If you were too busy to keep up with the IP news last week, here's the summary of what you missed: Trade Marks and Counterfeits Image from Pixabay. Anna Maria Stein discussed the recent decision of the Italian Patent and Trademark Office to allow Elettra Lamborghini to register her name as a trade mark despite the opposition from well-known car manufacturer Automobili Lamborghini.
JD Supra Law
JUNE 3, 2024
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a petition seeking to cancel the registered marks of two wineries, finding the petitioner (a trust owning an interest in a competitor winery) lacked statutory standing under 15 U.S.C. § 1064. Luca McDermott Catena Gift Trust v. Fructuoso-Hobbs SL, Case No. 23-1383 (Fed. Cir. May 23, 2024) (Lourie, Reyna, Chen, JJ.
IP Law 360
JUNE 3, 2024
In the 10 years since the U.S. Supreme Court’s influential Nautilus ruling, the spirit of the “amenable to construction” test that the opinion rejected persists with many patent litigators and judges, so patent infringement defense counsel should always consider several key arguments, says John Vandenberg at Klarquist Sparkman.
JD Supra Law
JUNE 3, 2024
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: PTAB issues initial decisions on Lululemon-Nike IPRs - Lululemon, whose Mirror Home Gym and related apps are accused of infringing on six Nike patents relating to fitness tracking, earned a partial victory from the Patent Trial and Appeal Board this month.
IP Watchdog
JUNE 3, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday, June 3, issued a precedential decision affirming a district court’s orders in favor of EcoFactor, Inc. against Google, whose appeal in part asked for a new trial on damages due to prejudicial error. Judge Prost dissented-in-part. EcoFactor sued Google for infringement of its U.S. Patent No. 8,738,327 relating to smart thermostat technology.
JD Supra Law
JUNE 3, 2024
An Illinois federal district court granted partial summary judgment in a trademark dispute against Ledo Pizza System, Inc. (“System”) and Ledo Pizza Carryouts, Ltd. (“Carryouts”), a franchisor of pizza restaurants (collectively, “Franchisor”), and in favor of an unrelated family-owned pizza restaurant, also called Ledo’s.
IP Law 360
JUNE 3, 2024
A Connecticut federal judge has found that claims in a patent owned by the Georgia-based CM Systems LLC are invalid, handing a win to TransAct Technologies Inc. in a suit over restaurant food safety technology.
JD Supra Law
JUNE 3, 2024
The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable interpretation (i.e., ambiguous) and thus remand was necessary for further fact finding. Core Optical Tech., LLC v. Nokia Corp., Case Nos. 23-1001; -1002; -1003 (Fed.
Selvam & Selvam Blog
JUNE 3, 2024
The Ministry of Information and Broadcasting vide notification dated March 15, 2024 has introduced the Cinematograph (Certification) Rules, 2024, (hereinafter “new Rules”) in order to amend the Cinematograph (Certification) Rules, 1983 (hereinafter “old Rules”). The new Rules aim to provide clarity and coherence in the certification process and hold significant implications for filmmakers, distributors, and audiences as well as align with contemporary standards and societal values.
JD Supra Law
JUNE 3, 2024
The US Court of Appeals for the Federal Circuit concluded that a party that voluntarily elects to pursue parallel proceedings before the Patent Trial & Appeal Board and the district court is not entitled to recover attorneys’ fees under 35 U.S.C. § 285 (exceptional case doctrine) in connection with the Board proceedings, nor does § 285 entitle a party to hold opposing counsel jointly and severally liable for fees.
IP Law 360
JUNE 3, 2024
A patent licensing company accusing HP of infringing old Panasonic patents is seeking to resume its suit in Texas federal court, arguing that an invalidity ruling it lost last month at the U.S. International Trade Commission doesn't hold up in district court.
JD Supra Law
JUNE 3, 2024
On May 28, 2024, Amgen filed a BPCIA litigation, Case No. 1:24-cv-06497 (D.N.J.), against Celltrion’s proposed Prolia® / Xgeva® (denosumab) biosimilar CT-P41 alleging infringement of 29 of Amgen’s patents, including one patent with formulation/composition claims, three patents with composition of matter claims, and 27 patents with manufacturing claims. .
IP Law 360
JUNE 3, 2024
Biopharmaceutical firm United Therapeutics Corp. has accused a former executive of violating an employment agreement by taking ideas to a rival company to develop a competing lung treatment.
JD Supra Law
JUNE 3, 2024
The NPRM proposals align with interim guidance on requesting director review for key AIA trial decisions. Following the Arthrex v. Smith & Nephew ruling, director review by the USPTO Director remains crucial for addressing constitutional concerns.
IP Law 360
JUNE 3, 2024
A paint-by-number company told a jury Monday during opening arguments in Texas federal court that arts and crafts corporation Michaels Stores Inc. used the company's trademarks to create a competing product, saying it only learned of the phony product after a customer called in praising it.
BYU Copyright Blog
JUNE 3, 2024
Copyright Copycat? Logo,Pictorial Works,Work for Hire,University June 03, 11:35 AM June 03, 11:35 AM On May 15, 2024, Sophia Boyages (Plaintiff or Ms. Boyages) filed a Complaint against the University of Vermont and the State Agricultural College (Defendants or the University) alleging copyright infringement under 17 U.S.C. 501. Ms. Boyages alleges that the University knowingly and unlawfully used an art-designed logo (logo or art design) created by the Plaintiff without her authorization or lic
IP Law 360
JUNE 3, 2024
Autonomous vehicle technology company Luminar Technologies Inc. no longer faces a proposed investor class action alleging it passed off an image of a competitor's technology as its own after a Florida federal judge found that the allegedly stolen image wouldn't actually be relevant to reasonable investors.
IP Intelligence
JUNE 3, 2024
Ruling in favor of a Miami music producer, Sherman Nealy, over a song by rapper Flo Rida, the Supreme Court held on May 9 that there is no time limit for recovering monetary damages in copyright cases that are otherwise timely filed; therefore, a copyright owner possessing a timely claim for infringement is entitled to past damages, no matter when the infringement occurred.
IP Law 360
JUNE 3, 2024
Google's efforts to prevent the reinstatement of a $32.5 million patent infringement verdict won against it by wireless speaker company Sonos have found support in the Federal Circuit from business trade groups, public interest nonprofits and a former U.S. Patent and Trademark Office official.
Likelihood of Confusion
JUNE 3, 2024
Paul B. Kennedy’s The Defense Rests blog hosts Blawg Review #288 for Halloween. Scary stuff! I stayed indoors with the lights on, myself. Originally posted 2010-11-02 11:55:31. Republished by Blog Post Promoter The post Spooky appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
JUNE 3, 2024
Making sure patent standards are up to snuff, using artificial intelligence when looking into whether patents are viable and having the Patent Trial and Appeal Board maintain high standards when reviewing patents are goals federal patent officials should focus on, according to a trade collective of software businesses.
Patently-O
JUNE 3, 2024
Talk about LKQ : I’m looking forward to joining Prof Sarah Burstein and others on Tuesday June 4 for an online panel discussion on the potential aftermath of the Federal Circuit’s major en banc design patent obviousness decision in LKQ v. GM. In February 2024 we met along with Meredith Lowry (Wright Lindsey Jennings); Darrell Mottley (Howard University); and Laura Sheridan (Google) to give a preview of the case and we’re meeting again now to talk through where the pieces are fa
IP Law 360
JUNE 3, 2024
Trading firm Jane Street Group LLC has urged a Manhattan federal judge to toss the counterclaims and affirmative defenses of two ex-employees and Millennium Management LLC in a trade secret suit, saying each is either "redundant" or has "little to no alleged facts to support" it.
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