Plagiarism Today
APRIL 22, 2024
The Copyright Claims Board is a powerful tool for resolving copyright disputes, but only in certain situations. Here are five to remember. The post The 5 Best Uses of the Copyright Claims Board appeared first on Plagiarism Today.
Erik K Pelton
APRIL 22, 2024
The following is an edited transcript of my video 25 Benefits of Trademark Registration. It allows the owner to use the ® symbol, which conveys a brand’s status and helps ward off Infringers. You appear in the USPTO database, so when other brands are searching and clearing new names, it helps avoid conflicts. By being in the database, examiners will automatically block any conflicting application for a similar name, similar goods and services, and likely to cause confusion.
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Plagiarism Today
APRIL 22, 2024
Tattoo artist loses copyright trial, India rules some textbooks can't be copyright protected and CBS takes down massive review. The post 3 Count: Non-Infringing Tattoos appeared first on Plagiarism Today.
JD Supra Law
APRIL 22, 2024
On April 10, 2024, the United States Patent and Trade Office (USPTO) announced guidance regarding the use of artificial intelligence (AI) tools before the USPTO.
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?
Kluwer Copyright Blog
APRIL 22, 2024
The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. And why is that? Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.
Nelligan Law
APRIL 22, 2024
Reading Time: 3 minutes Halal financing adheres to Islamic principles, which prohibit the payment or receipt of interest (riba) and promote ethical and equitable financial practices. In residential transactions, Halal financing typically involves structures such as Murabaha (cost-plus sale), Ijarah (leasing), Musharakah (partnership), and Istisna’a (manufacturing contracts).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
APRIL 22, 2024
The U.S. Supreme Court today denied a petition for certiorari seeking clarification from the Court on the proper standard for a showing of obviousness. Vanda Pharmaceuticals filed the petition following the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) May 2023 decision invalidating Vanda’s patent on a method of using the drug tasimelteon to treat Non-24-Hour Sleep-Wake Disorder.
IP Law 360
APRIL 22, 2024
Former Arkansas Gov. Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.
U.S. Department of Commerce
APRIL 22, 2024
Happy Earth Day! April 22, 2024 ASowah@doc.gov Mon, 04/22/2024 - 07:09 Photos above submitted by (left to right): Alexandra D., NOAA; Angela S., NOAA; and Kathryn K., Census. Happy Earth Day from the Office of Sustainable Energy and Environmental Programs (OSEEP)! We were delighted to receive many incredible photos in the 2024 Earth Day Photo Challenge.
TorrentFreak
APRIL 22, 2024
Spain found itself at the center of a worldwide controversy last month when it was revealed that various rightsholders had somehow managed to convince a local judge to block Telegram in its entirety. Under intense pressure, the judge quickly rolled back the decision after an advisor concluded that the planned measure was massively disproportionate. Just weeks later, a row over an app that’s no longer available from any official app store, seems to be heading towards another controversy and
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.
IP Law 360
APRIL 22, 2024
Scientific Games successor Light & Wonder has urged an Illinois federal judge not to certify a class of automatic card shuffler buyers, even as the riverboat casinos accusing it of tricking the patent office into shoring up its shuffler monopoly argued that their claims should go to trial.
JD Supra Law
APRIL 22, 2024
In addition to being developed in-house, intellectual property (“IP”) can obviously be acquired from third parties. IP acquisitions may be more germane now than in the recent past as developers race to create and monetize artificial intelligence (“AI”) tools. But, while AI platforms might be the shiniest and most interesting objects in the current IP arena, acquirers still have to deal with much older (and mundane) tax questions like: (i) what is being acquired and (ii) how is its cost.
IP Watchdog
APRIL 22, 2024
The battle for innovation in AI is relentless. AI Armor by Robert Plotkin is more than just a book about AI. Knowledge is power, and AI Armor provides those brave souls innovating in this space with actionable intelligence they can–and really must–use when navigating the turbulent waters of a tech industry experiencing a pivot moment.
JD Supra Law
APRIL 22, 2024
Hosted by American Conference Institute, the Summit on Biosimilars & Innovator Biologics returns to New York City, on June 20 - 21, 2024. Now in its 15th year, the 2024 conference will dive deep into the latest legal, regulatory, and commercial strategies for the biosimilar and innovator biologic industries.
Technology & Marketing Law Blog
APRIL 22, 2024
This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. This particular case, involving tattoo artist Hayden, videogame NBA 2K, and basketball players like LeBron James, reached a jury. The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case.
The Trichordist
APRIL 22, 2024
The most remarkable aspect of the pending legislation in Congress that would force a sale of TikTok is how much money and how many high profile lobbyists… Read more "They Deserve It: TikTok Forced Sale Legislation Advances to Senate"
JD Supra Law
APRIL 22, 2024
Welcome to our Q1 Trade Secrets and Restrictive Covenant Report. As you will note from reading the report, the first quarter of 2024 continues the trend of state legislatures exploring the possibility of new restrictive covenant laws, a couple of significant trials (with wins for the defendants for a change) and a ruling by the Delaware courts that could give companies a new avenue for enforcing restrictive covenants.
The IPKat
APRIL 22, 2024
In what is the first referral from the Executive Director of the EU's Intellectual Property Office (EUIPO), the EUIPO's enlarged Board of Appeal (the Grand Board) has been requested to clarify whether a EU Trade Mark (EUTM) application, which is withdrawn during the appeal period following a refusal decision from the EUIPO, can proceed to conversion to a national application.
JD Supra Law
APRIL 22, 2024
In May, it will have been a year since the U.S. Supreme Court decided Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith. In that case, the court held that Andy Warhol's silkscreens of the musician Prince based on a photograph taken by the photographer Lynn Goldsmith did not satisfy the first "fair use" factor and therefore infringed on Goldsmith's copyright.
The IPKat
APRIL 22, 2024
Sound marks that can serve as jingles are difficult to protect in the EU. The registration practice seems inconsistent. Some jingles get registered while others are rejected although they appear to be equally ‘complex’. The relatively short jingle of a public transportation company had been rejected by the European Union Intellectual Property Office (‘EUIPO’) not too long ago (IPKat here ).
JD Supra Law
APRIL 22, 2024
On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and Entrepreneurship team. The panelists addressed the clear need to raise the proportion of women and racial minorities who apply for and are awarded patents for their inventions.
The IPKat
APRIL 22, 2024
The UPCKat getting into the spirit of the proceedings As part of our UPCKat reporting on the latest UPC developments, the IPKat is kicking off a series of reporting on preliminary injunctions that analyzes the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of UPC advocate and guest UPCKat Agathe Michel-de Cazotte and members from the team at Carpmaels we kick off the first post in the series going back to September 2023 and the Vienna local di
JD Supra Law
APRIL 22, 2024
A divided panel of the Federal Circuit affirmed a district court’s grant of summary judgment of noninfringement, holding that importation of two product samples into the U.S. was reasonably related to obtaining FDA approval based on the particular facts of this case. In dissent, Judge Lourie disagreed, suggesting that summary judgment was not appropriate where factual disputes existed as to whether the importation was “solely” for purposes related to FDA approval.
The IPKat
APRIL 22, 2024
Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. Over the next few months, the following will take place and IPKat readers will have an opportunity to enroll with a 25% discount in the registration fees: Summer Course on European Intellectual Property Law Trier, 1-5 July 2024 This course will provide a thorough introduction to European intellectual property law.
JD Supra Law
APRIL 22, 2024
The Federal Circuit has reversed a finding by the Patent Trial and Appeal Board (PTAB or Board) that certain challenged claims of a patent for a method for aligning a laser projector with respect to a work surface are unpatentable and affirming a finding that certain other claims of the patent are not unpatentable.
IP Law 360
APRIL 22, 2024
Eli Lilly & Co. has urged the Federal Circuit to uphold a Massachusetts federal judge's decision that wiped out a $176.5 million verdict against it for infringing Teva migraine drug patents, saying the lower court correctly found the patent claims to be invalid.
JD Supra Law
APRIL 22, 2024
The U.S. Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) on April 19, 2024 aimed at codifying existing Patent Trial and Appeal Board (PTAB) practices while further improving “fairness, transparency, and efficiency in PTAB processes.”.
The IPKat
APRIL 22, 2024
If you were too busy enjoying the spring sunshine to follow the IP news last week , here's the summary of what you missed. Patents A Kat enjoying her time in the sun. Image from Pixabay. Guest UPCKat Agathe Michel-de Cazotte and members from the team at Carpmaels reported on the UPC Court of Appeal decision on the language of UPC proceedings. The case highlights what will count as "relevant" circumstances (e.g. nationality or domicile of a party) versus "irrelevant" circumstances (e.g. the natio
JD Supra Law
APRIL 22, 2024
In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham Act, 15 U.S.C. § 1119, provided that the litigation involves infringement of a registered trademark.
IP Law 360
APRIL 22, 2024
A California federal jury on Monday awarded software company Splunk a single dollar in damages in a suit accusing rival Cribl of copyright infringement.
JD Supra Law
APRIL 22, 2024
Following my colleagues’ efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. International Trade Commission (USITC) – specifically the “hot” issues that drew the most dissents in the past 10 years.
IP Law 360
APRIL 22, 2024
Jack Daniel's has told an Arizona federal court that VIP Products LLC's contention that its chewy, poop-themed dog toys in the shape of whiskey bottles do not infringe or dilute Jack Daniel's brand is an old argument, borne from a desire to litigate the case "from scratch" after the U.S. Supreme Court rejected its First Amendment defense last year.
JD Supra Law
APRIL 22, 2024
The USPTO's April 11, 2024, guidance clarifies how existing USPTO rules apply to the use of AI by practitioners when interacting with the USPTO.
IP Law 360
APRIL 22, 2024
Home lighting fixtures company Lutron and rival GeigTech are continuing their legal fight after a New York federal jury found that Lutron owes GeigTech $34.6 million for infringing a patent, with Lutron saying the award was "grossly excessive.
IP Watchdog
APRIL 22, 2024
On April 19, the European Union Intellectual Property Office (EUIPO) formally began implementation of Common Practice 14 (CP14) governing the agency’s treatment of applications of trademarks that are contrary to public policy or accepted principles of morality. The EUIPO’s common communication on CP14 seeks to establish a uniform understanding of the EU Trademark Directive’s prohibitions against registering such marks in light of increased numbers of trademark applications filed that have arguab
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