Plagiarism Today
DECEMBER 3, 2024
Humans are using AI to automate virtually everything. But what happens when the copyright bots make bad decisions? The post What Happens When AI Files Bad DMCA Takedowns appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 3, 2024
Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode. The post 25 Office Action Response Tips appeared first on Erik M Pelton & Associates, PLLC. Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode.
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Plagiarism Today
DECEMBER 3, 2024
Sony Music sued by music publisher, Japan government approves AI anti-piracy initiative and a copyright fight over the NY Jets logo. The post 3 Count: Jetting Off appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 3, 2024
The USPTO has finalized its rulemaking on trademark fees, and big changes are coming. On January 18, 2025, the new fee structure will take effect, bringing not only updated costs but also significant procedural changes and a completely revamped application process. Here’s what you need to know to prepare. Note: I will be teaching a CLE on December 11, 2024 (with recording available) featuring much more details regarding these changes, including practice tips, and information about the new
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 Watchdog
DECEMBER 3, 2024
On November 16, 2024, the United States Court of Appeals for the First Circuit affirmed a district court’s denial of a preliminary injunction, in which one Fall River, Massachusetts, business inspired by the legend of Lizzie Borden unsuccessfully asserted trademark rights against another Lizzie Borden-inspired business located right next door. The ultimate appellate decision seems largely justified, given the deferential scope of review applied by the First Circuit.
Erik K Pelton
DECEMBER 3, 2024
Food trucks have a heightened need to proper trademark protection: The industry is booming and growing rapidly, with lots of new brand names being developed every month. There have been many instances where food truck operators have used names too similar to those of existing restaurants or other food trucks/carts. Food trucks are generally very local businesses.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
DECEMBER 3, 2024
The U.S. Patent and Trademark Office (USPTO) today officially withdrew its controversial proposed rule on terminal disclaimer practice. The withdrawal was expected, with panelists at IPWatchdog’s Life Sciences Masters Program in October predicting based on USPTO Director Kathi Vidal’s comments at the American Intellectual Property Law Association (AIPLA) Annual Meeting that the rule was unlikely to be finalized before her departure from the Office.
JD Supra Law
DECEMBER 3, 2024
A Pennsylvania federal jury ruled in favor of Pennsylvania State University, finding that Vintage Brand, an online retailer, willfully infringed on the university's trademarks. The decision marks a significant win for universities and sports teams in their fight to protect against the sale of unlicensed merchandise.
The TTABlog
DECEMBER 3, 2024
The TTAB affirmance rate for Section 2(d) appeals this year continues to hover around 90%. Here are three recent Board decisions, at least one of which reversed the refusal. How do you think they came out? [Answer in first comment]. In re Vermutería de Galicia, S.L. , Serial No. 90385649 (November 29, 2024) [not precedential] (Opinion by Judge Cynthia C.
JD Supra Law
DECEMBER 3, 2024
On November 13, 2024, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) granted-in-part and denied-in-part DJ Plaintiff Carvana, LLC’s (“Carvana”) motion for a Protective Order to preclude Defendant IBM from deposing Carvana’s in-house counsel, Ms. Jessica Wilson.
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.
Michael Geist
DECEMBER 3, 2024
Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. The lawsuit is the first high profile Canadian claim lodged against the enormously popular AI service, though there have been similar suits filed elsewhere, notably including a New York Times lawsuit launched last year.
JD Supra Law
DECEMBER 3, 2024
Founders and their startups are typically at the forefront of ever-evolving fields, from space exploration and satellites to life-saving medical devices and medicines. Safeguarding intellectual property is critical for startup companies striving to gain a competitive edge, particularly when entering markets with established competitors or when creating a new market that may attract well-funded competition.
SpicyIP
DECEMBER 3, 2024
Discussing the Punjab and Haryana High Court order quashing the charges of copyright and trademark infringement on substantive and procedural grounds, SpicyIP intern Bharathwaj Ramakrishnan assesses the Court’s findings on copyright infringement and explains the procedural requirement under Section 115 of the Trademarks Act. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP.
JD Supra Law
DECEMBER 3, 2024
The Canadian Hockey League and its affiliate organizations have been dismissed from an antitrust suit alleging they entered unlawful deals allowing them to exploit junior players and illegally profit from their labor.
SpicyIP
DECEMBER 3, 2024
We are pleased to bring to you this sponsored post by PatSeer on the launch of their new AI assistant. For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer , a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “ PatAssist”.
JD Supra Law
DECEMBER 3, 2024
Patent term extension (PTE) under 35 U.S.C. § 156 is a statutory program that restores to a patent at least a portion of the term that was effectively lost while the covered product was undergoing regulatory review and could not be marketed. PTE is available for patents covering certain human drugs, food or color additives, animal drugs, veterinary biological products, and medical devices.
TorrentFreak
DECEMBER 3, 2024
In November 2018, DISH Network filed a copyright infringement lawsuit against Jadoo TV and its CEO Sajid Sohail. Jadoo TV distributed self-branded set-top IPTV boxes and later various software apps. The DISH complaint described Jadoo TV’s operation as a “deliberate, multi-year effort” to distribute its exclusively-licensed TV channels without authorization, amounting to direct, contributory, and vicarious infringement under 17 U.S.C.
JD Supra Law
DECEMBER 3, 2024
In this episode of On Record PR, sponsored by Lawline, Jennifer Simpson Carr goes on record with Sean Douglass, associate attorney at Panitch Schwarze, to discuss the impact of AI-generated content on intellectual property law. By: Furia Rubel Communications, Inc.
U.S. Department of Commerce
DECEMBER 3, 2024
Recent estimates show that industries that heavily rely on data from the U.S. government reached revenues of almost $800 billion in 2022, up from around $400 billion in 2012. Among industries that heavily use government data, the greatest revenue increases were seen in Internet Publishing and Broadcasting and Web Search Portals, and Management Consulting Services.
JD Supra Law
DECEMBER 3, 2024
The Draft Code sets out various obligations relating to transparency, copyright compliance, and management of systemic risks for providers of GPAI models.
Velocity of Content
DECEMBER 3, 2024
CCC has been recognized with three Top Workplaces Culture Excellence Awards celebrating our dedication to fostering employee well-being, professional growth, and a positive workplace culture. Our Employee Well-Being initiatives prioritize the mental, physical, and emotional health of our team, ensuring they feel valued and supported in every aspect of their lives.
JD Supra Law
DECEMBER 3, 2024
According to recent U.S. Patent and Trademark Office (Office) data, the Office receives a burdensome number (13%) of information disclosure statements (IDSs) having in excess of 50 total items of information. 89 Fed. Reg. 91,898, 91,924 (Nov. 11, 2024). Of this number, about 5% have 51-100 items of information and 4% contain more than 200 items of information.
IP Law 360
DECEMBER 3, 2024
A small Silicon Valley outfit that makes wireless chargers wants U.S. District Judge Rodney Gilstrap to potentially triple the $192 million willful infringement verdict the company won against Samsung, citing the smartphone maker's "egregious" conduct during trial in Texas federal court in Marshall.
JD Supra Law
DECEMBER 3, 2024
On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial other than the expert opinion it had presented at the initial trial on its claims. See Geigtech E. Bay LLC v. Lutron Elecs. Co, Case No. 18-Civ-05290 (CM) (Nov. 12, 2024).
IP Law 360
DECEMBER 3, 2024
The New York Times, Daily News, other news organizations and writers can gain access to the social media messages of executives at OpenAI in their litigation accusing the company of using copyright-protected material to train ChatGPT after a New York judge rejected efforts to block the disclosure of the messages.
JD Supra Law
DECEMBER 3, 2024
On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District Court for the District of Colorado for allegedly violating the USOPC’s trademark rights via Prime Hydration’s Olympic-themed advertising campaign.
IP Law 360
DECEMBER 3, 2024
The U.S. Patent and Trademark Office has withdrawn an extremely controversial proposal tied to double patenting, citing "resource constraints" in a Federal Register notice set to be published Wednesday.
JD Supra Law
DECEMBER 3, 2024
On November 12, USPTO Director Kathi Vidal announced in a post on LinkedIn and a letter to friends and colleagues that she would be stepping down the second week in December. Deputy Director Derrick Brent will take over until a new Director is appointed.
IP Law 360
DECEMBER 3, 2024
Meta Inc. said Tuesday it has reached a settlement with Jawbone Innovations to end a lawsuit in Texas federal court claiming its virtual reality headsets infringe a series of Jawbone's patents.
JD Supra Law
DECEMBER 3, 2024
On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes permanent several MTA pilot program provisions, such as the PTAB providing preliminary guidance, revised MTA practice, examination assistance, and burdens of persuasion in MTAs.
IP Law 360
DECEMBER 3, 2024
A Connecticut roller bearing company has settled its lawsuits accusing military supplier RTX and a competitor of misusing trade secrets related to the design of a U.S. military bomb, after earlier delays in reaching an agreement.
JD Supra Law
DECEMBER 3, 2024
Member states of the World Intellectual Property Organization (WIPO) have approved the Riyadh Design Law Treaty. The treaty is designed to “make it easier, faster and more affordable for designers the world over to protect their designs both at home and abroad.”.
IP Law 360
DECEMBER 3, 2024
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
JD Supra Law
DECEMBER 3, 2024
The After Final Consideration Pilot 2.0 Program (AFCP) offered to patent applicants by the U.S. Patent and Trademark Office is ending on December 14, 2024. The program began in 2013 and was originally slated to last only 1 year. Its 11 years of existence shows its appeal to applicants in responding to final Office Actions, as does the USPTO’s reporting that 60,000 requests have been filed annually since 2016.
IP Law 360
DECEMBER 3, 2024
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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