Fri.Apr 26, 2024

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South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

JD Supra Law

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who value their privacy) and used them in a series of advertisements in a local mall.

Privacy 122
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Nintendo vs. Garry’s Mod: Dissecting the ‘Fake’ Domain Behind All the Chaos

TorrentFreak

In a world where there’s always someone telling people what to do, Garry’s Mod is a breath of fresh air. Launched in 2006, the sandbox game has no goals; just hand over $9.99 to Steam, jump in, and do whatever you like. With the benefit of hindsight, some fans may have taken that a little too literally. At the time of writing, Garry’s Mod workshop content uploaded by users over many years, is being systematically taken down in response to takedown notices filed by Nintendo. 

Artwork 121
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Proselytization of Tribal in India and Measure to Prevent It

IP and Legal Filings

INTRODUCTION Tribal communities since time immemorial always remained as ostracized groups in the Indian socio-economic as well as political system. However, the philosophy of SANATANA based on the oldest ever known books – ‘Vedas’ – states at first about five tribes that were (a) Yadu; (b) Turvasa; (c) Anu; (d) Druhyu; and (e) Puru. [i] It shows that tribes have played a crucial role in the political scenario of our nation since ancient times.

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Trade Secret Protection in Life Sciences: Strategies for Success

JD Supra Law

Late last month, the Association of Corporate Counsel (ACC) hosted a panel on Trade Secret Protection in Life Sciences: Strategies for Success. In today's rapidly evolving business environment, trade secrets are becoming increasingly valuable assets for companies across nearly every sector and industry, and life sciences is no exception. Without adequate safeguards, this critical intellectual property could easily fall into a competitor’s hands, undermining years of research and investment and.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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World IP Day 2024: A Global Celebration of IP, Innovation and Creativity!

The IPKat

World Intellectual Property Day is commemorated every 26 April. Millions of people worldwide celebrate the essential role of IP rights in fostering creativity and innovation to drive human progress. The date was designated in 2000 by the World Intellectual Property Organization’s member states, coinciding with the day the WIPO Convention came into force (April 26, 1970), with the aim to increase awareness and understanding of IP.

IP 70
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USPTO Issues Guidance on Use of AI Based Tools

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) issued guidance on the use of AI-based tools to prepare and prosecute patent and trademark applications. This announcement supplements the previous guidance issued in February.

Privacy 71

More Trending

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How Do Trademark Registrants for OEM Production Respond to Cancellation based on Non-use for 3 Consecutive Years?

JD Supra Law

In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation where the trademark registrants only have OEM production in Chinese mainland, and all products using the trademark are exported abroad.

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Apple Watch Patent Wars Create a Defensive Roadmap for ITC Respondents

IP Watchdog

Late last year, , the United States International Trade Commission (ITC) announced that it would issue a limited exclusion order (LEO) and cease and desist order (CDO) against Apple, Inc. prohibiting Apple from importing and selling its Apple Watch (Series 6 and 7) products in the United States. The case was Certain Light-Based Physiological Measurement Devices and Components Thereof, Investigation No. 337-TA-1276 (“Light-Based Physiological Measurement Devices”), a “Section 337” patent infringe

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[Audio] The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit (Podcast)

JD Supra Law

Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement allegations on this installment of “The Briefing.”.

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Other Barks and Bites for Friday, April 26: World Intellectual Property Celebrated Around the Globe; China Tops List for AI Patents Granted; EPO Releases Cleantech Study on World IP Day

IP Watchdog

This week in Other Barks and Bites: Caltech drops a patent infringement lawsuit against HP; the world celebrates World Intellectual Property Day; GSK sues Pfizer accusing the company of infringing on its mRNA patents.

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IPO Diversity in Innovation Toolkit

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.

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[Video] The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit

JD Supra Law

Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement allegations on this installment of “The Briefing.”.

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Exploring A New Era Of IP Law Amid The Rise Of Generative AI

IP Law 360

Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.

IP 59
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USPTO Request for Public Comments Regarding the WIPO Design Law Treaty

JD Supra Law

Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been referred to as “industrial designs.” One main goal of the Design Law Treaty is to help designers in domestic and foreign jurisdictions obtain design protection faster, easier, and cheaper.

Design 66
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Microsoft Narrows Virtual Assistant Patent Row Ahead Of Trial

IP Law 360

A Delaware federal judge has tossed claims that Microsoft's virtual assistant program infringed a patent initially issued to a company that developed Apple's Siri software, but declined to scratch out allegations on another patent in the dispute, which is teed up for trial early next month.

Patent 59
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Endo Ventures Unlimited Co. v. Nexus Pharms. Inc. - Ephedrine Sulfate

JD Supra Law

Case Name: Endo Ventures Unlimited Co. v. Nexus Pharms. Inc., Civ. No. 23-cv-299-BHL, 2024 WL 1254358 (E.D. Wis. Mar. 25, 2024) (Ludwig, J.) - Drug Product and Patent(s)-in-Suit: ephedrine sulfate; U.S. Patents Nos. 10,869,845 (“the ’845 patent”) and 11,491,121 (“the ’121 patent”).

Patent 63
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TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out?

The TTABlog

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. Here are the three such appeals recently decided by the TTAB. How do you think these three came out? No hints this time. [Answers in first comment.] In re Melapreneur , Serial No. 90858280 (April 15, 2024) [not precedential] (Opinion by Judge Michael B.

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Big Money in Play: NCAA Permits School Assistance with NIL Activity

JD Supra Law

On April 17, the NCAA Division I council approved a proposal that allows schools to assist with name, image and likeness (NIL) activity. The rule allows member schools to increase their support for student-athletes to include identifying NIL opportunities and facilitating such deals between players and third parties.

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New PTAB Briefing Plan Likely To Get Patent Owner Pushback

IP Law 360

A proposed rule to create a separate round of briefing in Patent Trial and Appeal Board cases about whether the board should use its discretion to deny review may rankle patent owners, attorneys say, since it could effectively restrict their available arguments in many cases.

Patent 52
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Celebrating World IP Day 2024

JD Supra Law

For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Organization’s 2024 theme of IP and the SDGs: Building our common future with innovation and creativity. Read on to learn what Principal Lei Liu and Associates Chen Li and Meika Ellis have to say.

IP 63
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Albright Sinks Microsoft's Transfer Bid In Proxense Fight

IP Law 360

U.S. District Judge Alan Albright rejected efforts by Microsoft to send an infringement lawsuit over its cloud software to its home in Washington state, citing on Friday his own "experience and effort" dealing with patents covering "a pint-sized virtual wallet" in other suits.

Patent 52
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Defendants Ordered to Coordinate Pretrial Litigation in MDL Are Not Necessarily 'Significantly Related' to Support Discretionary Denial of IPR

JD Supra Law

The Director of the U.S. Patent and Trademark Office vacated and remanded a decision from the Patent Trial and Appeal Board discretionarily denying institution of an inter partes review petition. The Director concluded that court-ordered coordination between the current petitioner and the petitioner of a previous IPR—each sued by patent owner in different district courts….

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Cox Says Insurers Must Pay For Settled DMCA Suit

IP Law 360

Cox Enterprises Inc. sued two of its insurers this week over allegations they failed to cover the company's more than $15 million in expenses in defending, and ultimately settling, a novel lawsuit that aimed to hold the internet service provider liable for users' illegal downloads.

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Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

JD Supra Law

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence.

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Truist Unit Survives Early Dismissal Bid In NC Poaching Suit

IP Law 360

Truist Financial Corp. and its real estate finance arm can move forward with the bulk of their suit accusing three former executives of absconding for a competitor with several dozen colleagues in tow, after North Carolina's business court judge largely denied the defendants an early exit.

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Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

JD Supra Law

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands.

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Prince Heirs Push Del. Court To Reject 'Unfettered' Control

IP Law 360

Four family members of the late musician Prince who claim to have taken over for two music industry veterans they once entrusted to run his estate urged a Delaware Chancery Court judge on Friday to throw out the managers' lawsuit against them, calling it "unconscionable and unreasonable.

Music 52
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Getting Off on the Wrong Foot: How Marketing Strategies Can Backfire

JD Supra Law

The European Court of Justice affirmed an earlier decision of the European Intellectual Property Office (EUIPO) in a case where Puma was attempting to gain a European Union (EU) Community Design on its “Puma Creeper Shoe.” On March 6, 2024, the EU Court struck down the validity of Puma’s registered EU design, based on a number of social media posts by Rihanna.

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Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit

IP Law 360

In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.

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Embracing AI in Patent Law: Navigating the USPTO’s Latest Guidance

JD Supra Law

The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is committed to leveraging AI’s benefits across society while ensuring that these technologies do not compromise the integrity of legal processes.

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TTAB Says Expired 'Zima' TM Ends Cancellation Bid

IP Law 360

The Trademark Trial and Appeal Board has found that a petition to cancel a trademark for the drink Zima was no longer an issue since its owner, Molson Coors, let the registration on the product expire.

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Intellectual Property Spurs Innovation Toward Sustainable Development on World IP Day

JD Supra Law

In the competitive landscape of modern business, intellectual property (IP) rights are a crucial safeguard to preserving innovations and investments across various sectors. Across these domains, a steadfast appreciation for scientific and technological progress, along with dedicated efforts in research and product development, remains paramount. Together, these pursuits drive innovation, growth, and competition, ultimately contributing to the betterment of the global economy and society.

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Trending At The PTAB: Permissible New Reply Arguments

IP Law 360

In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.

Patent 52
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Common Ownership Exception Leads to Petition Denial

JD Supra Law

The PTAB recently denied Trend Micro, Inc.’s (Petitioner) inter partes review petition against Open Text, Inc. and Webroot, Inc. (Patent Owners) challenging all claims of U.S. Pat. No. 8,201,243. Trend Micro, Inc. v. Open Text, Inc., IPR2023-01390, Paper 17 (PTAB Feb. 14, 2024). Specifically, the PTAB found that a primary reference included in every ground was commonly owned by the same person (Webroot), and therefore 35 U.S.C. § 103(c)(1) disqualified this reference as prior art.

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No Coverage For Treasure Hunter's IP Row, 9th Circ. Rules

IP Law 360

Great American Insurance Co. had no coverage obligations over a $7.5 settlement stemming from a treasure hunter's claims that his former partners refused to hand over maps and other intellectual property after they parted ways, the Ninth Circuit ruled Friday, finding the treasure hunter didn't allege insurable, accidental conduct.

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Transnational bribery and corruption

Olartemoure Blog

The Decree 390 of 2024 issued by the National Government establishes the procedure for the Superintendence of Companies to grant benefits for collaboration in matters of transnational bribery and corruption. These benefits may lead to the total or partial exoneration of administrative sanctions. To access the benefits, it is necessary to submit an application that varies depending on the conduct.