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The DMCA takedown process gives copyright holders the option to remove infringing content from the web. It’s a powerful, widely-used tool that takes millions of URLs and links offline every day. This often happens for a good reason, but some takedown efforts are questionable. Takedown Abuse Shopify was targeted by a series of problematic DMCA requests earlier this month.
In recent years there has been a great demand for information about job listings, company reviews and employment data. Recruiters, consultants, analysts and employment-related service providers, amongst others, are aggressively scraping job-posting sites to extract that type of information. Recall, for example, the long-running, landmark hiQ scraping litigation over the scraping of public LinkedIn data.
Music publishing companies Universal Music, ABKCO and Concord filed suit on Wednesday, October 18, in a Tennessee district court against generative artificial intelligence (AI) company, Anthropic, alleging “widespread infringement of their copyrighted song lyrics.” Anthropic’s core product is the AI ChatBot, Claude, which can be used to generate song lyrics to popular songs owned by the publishers or to generate “original” song lyrics in response to “requests to write a song about a certain topi
With third-party technology playing an increasingly critical role in business operations, it's essential to safeguard your company's critical software applications from potential disruptions.
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?
Educational publisher Scholastic maintains its “Share Every Story, Celebrate Every Voice” offering is intended to keep school officials and librarians out of harm’s way in places where book banning laws and policies might put them in jeopardy, according to Andrew Albanese , Publishers Weekly executive editor. Critics counter that segregating diverse books just paves the way for censorship, he tells me.
To register a trademark you need to provide the Patent and Trademark Office with something called a “specimen.” The definition of “specimen” under the PTO’s rules, besides providing one reason. The post A catalog of errors appeared first on LIKELIHOOD OF CONFUSION™.
Commerce at the Forefront in Improving Nation's Cybersecurity October 20, 2023 KCPullen@doc.gov Fri, 10/20/2023 - 10:41 Cybersecurity Trade enforcement Commerce Secretary Gina Raimondo recently announced restrictions on exporting artificial intelligence and advanced computer chips that violate international trade rules, impose risks on our nation’s cybersecurity, and seriously threaten the stability of industrial supply chains.
Commerce at the Forefront in Improving Nation's Cybersecurity October 20, 2023 KCPullen@doc.gov Fri, 10/20/2023 - 10:41 Cybersecurity Trade enforcement Commerce Secretary Gina Raimondo recently announced restrictions on exporting artificial intelligence and advanced computer chips that violate international trade rules, impose risks on our nation’s cybersecurity, and seriously threaten the stability of industrial supply chains.
The Parmigiano Reggiano Consortium claims that Italy’s renowned Parmigiano Reggiano cheese is one of the most counterfeited cheeses in the world. Scott Hervey and Jamie Lincenberg discuss how they plan to fight off these counterfeits on this episode of The Briefing.
One of the first preliminary injunctions by the Unified Patent Court was issued by the UPC Local Division of Düsseldorf (Germany). The injunction was granted ex parte despite a Protective Letter having been filed before the filing of the application for preliminary measures. Protective letters at the UPC A Protective Letter is aimed at convincing a Court to refrain from granting an ex parte preliminary injunction/seizure, without prior hearing of the parties involved in the case.
2023 has seen a fundamental shift in the health care landscape. With expansive new federal legislation targeting PBMs, Medicare proceeding apace in negotiating drug prices, ongoing litigation over access to mifepristone and other women’s healthcare, and expansion of DOJ enforcement interest in digital health, the health care industry continues to change dramatically.
Aaron Marks at Cohen Milstein considers emerging ways in which biosimilar markets differ from traditional small-molecule drug markets, and recommends how pharmaceutical antitrust litigators can account for these market dynamics in biosimilar-delay cases.
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 Parmigiano Reggiano Consortium claims that Italy’s renowned Parmigiano Reggiano cheese is one of the most counterfeited cheeses in the world. Scott Hervey and Jamie Lincenberg discuss how they plan to fight off these counterfeits on this episode of The Briefing.
Supplement company owners who infringed trademarks relating to a rival's Diesel brand product line must post a $1.4 million bond to secure the judgment against them before they can halt its enforcement, an Illinois federal judge said Friday.
Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de septembre 2023. Ces Actualités législatives et réglementaires vous sont communiquées à titre d'information. Elles n'ont pas vocation à être exhaustives ou à constituer un avis juridique.
The Federal Circuit has sided with a comic book creator in a dispute over the "Captain Cannabis" trademark, finding the U.S. Patent and Trademark Office acted within its discretion in finding the creator has priority, thanks to the trademark's use in publications like High Times Magazine.
New York has banned employers from requiring employees to assign inventions or other intellectual property that they develop using their own property and time. The bill is effective immediately and applies to both future agreements and any existing agreements.
To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.
The Supreme Court recently declined to review Personalized Media Communications, LLC v. Apple Inc., where a divided panel of the Federal Circuit upheld the district court’s finding that a PMC patent is unenforceable due to prosecution laches. The district court had found “an inequitable scheme to extend … patent rights” involving 328 pre-GATT patent applications and culminating in the patent at issue being granted 17 years after it was filed with an expiration date at least forty years from its.
This week in Other Barks & Bites: the Court of Justice of the European Union rules that criminal sentencing for trademark infringement cannot be disproportionate to the offense committed; the Federal Circuit affirms several Patent Trial and Appeal Board (PTAB) decisions invalidating VirnetX patent claims underlying a nine-figure jury verdict in U.S.
As the clock winds down in the fourth quarter, the NCAA is turning to Congress, hoping for a game-changing Hail Mary pass. On Tuesday October 17, 2023, the Senate Judiciary Committee held a hearing on collegiate name, image, and likeness (NIL), marking the 10th hearing on Capitol Hill on NIL since 2020. The Senate hearing’s witness list was a lineup of influential voices in collegiate sports, including NCAA President Charlie Baker, Notre Dame Athletic Director Jack Swarbick, Big Ten Commissioner
Image by Freepik A few days after the October 15th deadline to submit comments/ suggestions to the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines, the CGPDTM has extended the deadline by a month making November 15th as the new deadline to submit these comments.
WHAT: The Space Force’s Space Domain Awareness (SDA) Tools, Applications, & Processing (TAP) Lab is kicking off its inaugural Project Apollo cohort on October 26, 2023. Open to all domestic companies, Project Apollo will be “an intense collaborative tech accelerator” aimed at quickly converting cutting edge software prototypes into commercial products.
The Parmigiano Reggiano Consortium claims that Italy’s renowned Parmigiano Reggiano cheese is one of the most counterfeited cheeses in the world. Scott Hervey and Jamie Lincenberg discuss how they plan to fight off these counterfeits on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
At the Inter Partes review trial, Patent Owner attempted to swear behind Petitioner’s primary prior art reference by showing that the inventors of the asserted patents had conceived of the invention before the priority date of the reference. The Board determined that Patent Owner’s evidence was insufficient. Patent Owner appealed the Final Written Decision.
This post is co-authored with SpicyIP Intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. Her previous posts can be accessed here. Readers would recall that in the past we have written about Government notifications stressing on the menace caused by the threats of legal proceedings (see here and here ).
On August 18, 2023, New Balance sued Golden Goose, Inc., (“Golden Goose”) for alleged trademark infringement with respect to Golden Goose’s “Dad-Star” sneaker. In the complaint, New Balance alleges that Golden Goose willfully infringed on the common law trade dress rights New Balance has established in its 990 sneakers.
In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek's identical common law mark, also for comic books. The court concluded that the Board did not abuse its discretion in construing the petition to include a priority claim based of use analogous to trademark use, and further conclude
The US Court of Appeals for the Federal Circuit affirmed an obviousness decision by the Patent Trial & Appeal Board, explaining that nothing requires a petitioner to identify a prior art reference as a “primary reference” in an obviousness challenge. Schwendimann v. Neenah, Inc., Case Nos. 22-1333; -1334; -1427; -1432 (Fed. Cir. Oct. 6, 2023) (Prost, Clevenger, Cunningham, JJ.).
Join IP.com at IP Watchdog AI Masters 2024 Exciting News! IP.com is proud to sponsor the IP Watchdog AI Masters 2024, happening from March 4-6, 2024, at IPWatchdog Studios in Ashburn, Virginia. Join us for an immersive experience where industry thought leaders will lead discussions on various Artificial-Intelligence (AI) and Machine-Learning (ML) topics.
The US Court of Appeals for the Federal Circuit reiterated that in the context of construing computer-implemented means-plus-function limitations, if the specification discloses some arguable algorithm, even if a party contends that the algorithm is inadequate, the sufficiency of the purportedly-adequate structure disclosed in the specification must be evaluated in light of the knowledge possessed by a skilled artisan.
The Parmigiano Reggiano Consortium claims that Italy’s renowned Parmigiano Reggiano cheese is one of the most counterfeited cheeses in the world. Scott Hervey and Jamie Lincenberg discuss how they plan to fight off these counterfeits on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
A former WilmerHale senior associate is suing the firm in New York state court for racial discrimination and retaliation, alleging that because he is Black the firm unfairly targeted him with negative work evaluations and ultimately fired him after he had a dispute with a higher-ranking attorney.
IPNews® – The Philadelphia Eagles have made headlines recently with their successful QB sneak play in which Jalen Hurts’ teammates push him forward for a first down. Some of the attention is due to the success of the play, while other attention has come because the league is considering banning it. Either way, the Eagles have filed a trademark application to protect their name of the play.
Safe, Secure & Trustworthy AI Webinar: Using AI Today to Drive ROI and Innovation Discover how to harness the potential of AI while ensuring security, confidentiality, and trust in your IP and innovation strategies. Join us on November 2, 2023, at 12 PM for this informative webinar. Ameet Bhattacharya, our Chief Technology Officer at IP.Com ® and Kris Tones, our Solutions Architect at IP.com will be expert panelists along with Gene Quinn, President & CEO of IPWatchdog, Inc. will be speak
On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). As detailed in the opinion , the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on fraud in a declaration of incontestability.
Recently, the Consumer Protection Authority has strengthened the regulation of FINTECHs , whose supervision is not subject to other special authorities such as the SFC, to safeguard the rights of consumers. After receiving complaints and applying sanctions, on 10 October 2023, the SIC issued External Circular No. 002, which established the following measures: FINTECHs must provide written information to consumers on interest rates, periodicity of payments, and number of installments at the time
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