Plagiarism Today
SEPTEMBER 11, 2023
Judge dismisses WAP lawsuit, Japanese gamer jailed over let's play videos and Rockstar cracked their own games, creating problems for buyers. The post 3 Count: Cracked and Broken appeared first on Plagiarism Today.
TorrentFreak
SEPTEMBER 11, 2023
With more than 14 million digital books in its archive, Z-Library is one of the largest shadow libraries on the Internet. What stands out even more is that the site continues to thrive; even though two of its alleged operators were arrested as part of a criminal crackdown by the United States. These two defendants, both Russians, are currently fighting a heated extradition battle.
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Plagiarism Today
SEPTEMBER 11, 2023
Games Workshop, best known for the Warhammer games and miniatures, has filed a dozen cases with the Copyright Claims Board. The post Games Workshop Files 12 Cases with the Copyright Claims Board appeared first on Plagiarism Today.
IP Watchdog
SEPTEMBER 11, 2023
On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.
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?
U.S. Department of Commerce
SEPTEMBER 11, 2023
United in Memory: The Effects of September 11 Still Reverberate Today September 11, 2023 KCPullen@doc.gov Mon, 09/11/2023 - 09:35 First responder network By Joe Wassel, Executive Director and CEO, First Responder Network Authority September 11 irrevocably altered the lives of Americans. Today, on the anniversary, we solemnly reflect on that fateful day and its impact on our nation.
Kluwer Copyright Blog
SEPTEMBER 11, 2023
Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). The situation has increased in complexity now that not only the input but also the output of Large Language Models (or LLMs) has allowed AI machines to produce potentially p
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
SEPTEMBER 11, 2023
Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr. underscored that there is a need to supervise or govern patent and trademark agents. Interestingly, the same has also been raised earlier by Prashant , Aparajita , and Praharsh. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.
JD Supra Law
SEPTEMBER 11, 2023
Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or political ads that will soon infiltrate our airwaves, artificial intelligence (or AI) has permeated every facet of our lives. Artificial Intelligence, and specifically generative artificial intelligence and the uses thereof (i.e., to edit, classify, summarize, respond to questions, suggest a word or phrase, draft new content, and create.
SpicyIP
SEPTEMBER 11, 2023
Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply Image from here The Delhi High Court recently clarified that if an impugned mark has been in the use before institution of the suit, the co
JD Supra Law
SEPTEMBER 11, 2023
If a company terminates one of its officers, does that person or his ex-employer own the corporate social media accounts that person used? Specifically, if the officer’s posts directly or indirectly promoted the company’s products and his public image on those social media channels closely aligned with company marketing strategy, does the business properly claim ownership of the accounts?
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.
SpicyIP
SEPTEMBER 11, 2023
Image from here In the previous months, I journeyed through the posts published in “ Junes ” and “ Julys ” of decades past on SpicyIP, tracking how some IP stories developed over the years. Whether it is South Asian Basmati Brawls, the much-to-tread trail of transparency, the Statements of Patent (Non-)Working, or the Indian “Bayh Dole” Bill, some stories never cease to beguile us.
The TTABlog
SEPTEMBER 11, 2023
Frequent TTAB litigant Monster Energy Company lost another one. The Board dismissed its oppositions to registration of MAD MONSTER PARTY , in standard character form for "Organizing exhibitions for educational and entertainment purposes services, namely, organizing and conducting conventions in the fields of horror and popular culture," and in word-and-design form for "General feature magazine in the field of horror and pop culture.
SpicyIP
SEPTEMBER 11, 2023
Image from here Yesterday concluded the 18th meeting of G20 leaders at New Delhi, India. On 9th September, the Indian G20 portal released G20 Leaders’ Declaration (Declaration) covering a wide range of areas: economy (inclusive growth and circular economy), finance (international taxation, issues in financial sector and money laundering), gender equality, SDGs, AI, and technology.
IP Law 360
SEPTEMBER 11, 2023
Crypto advocacy group the DeFi Education Fund has asked the U.S. Patent and Trademark Office on Monday to take a look at a patent held by a firm it said is "trolling" decentralized finance entities with lawsuits over a blockchain system the group claims is "indistinguishable" from solutions that came before it.
JD Supra Law
SEPTEMBER 11, 2023
On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.
IP Law 360
SEPTEMBER 11, 2023
A New York federal judge on Monday trimmed a copyright infringement suit alleging the well-known appropriation artist Richard Prince and the Gagosian Gallery stole a photographer's work for Prince's Instagram-inspired art installation, ruling the photographer is not entitled to indirect profits or future profits from the work's hypothetical resale.
The IPKat
SEPTEMBER 11, 2023
Italy strengthens protection of PDOs and PGIs On 23 August 2023, several amendments to the Italian Industrial Property Code (IPC) entered into force. The Law no. 102 dated 24 July 2023 is part of Italy’s National Recovery and Resilience Plan. The reform of the IPC is aimed at strengthening Italy’s competitiveness through a more efficient protection of IPRs.
IP Law 360
SEPTEMBER 11, 2023
IBM has failed to persuade a trademark administrative tribunal to stop a North Dakota computer company from arguing that it owns a "common law" right to use a name that IBM is trying to register for a software brand.
JD Supra Law
SEPTEMBER 11, 2023
On August 30, the United States Patent and Trademark Office (USPTO) issued new examination procedures for reviewing domicile addresses for trademark applicants. This step is intended to help combat widespread fraud (and attempted fraud) on the USPTO and the US business community.
IP Law 360
SEPTEMBER 11, 2023
Amazon and J.R.R. Tolkien's estate asked a California federal judge Friday to award over $153,000 in attorney fees for beating a fan-fiction writer's "objectively unreasonable" $250 million copyright suit alleging they ripped off his "Lord of the Rings" sequels, days after the writer's counsel sought to withdraw from representing him.
43(B)log
SEPTEMBER 11, 2023
Rex Real Estate I, L.P. v. Rex Real Estate Exchange, Incorporated, F.4th -, 2023 WL 5735552, No. 22-50405 (5th Cir. Sept. 6, 2023) Doctrinal evolution is so fascinating! Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.
IP Law 360
SEPTEMBER 11, 2023
Pulitzer Prize winner Michael Chabon and several other writers have filed a proposed class action accusing OpenAI Inc. of copyright infringement, claiming that the artificial intelligence maker incorporated their copyrighted works in datasets used to train the models powering ChatGPT, according to a suit filed in California federal court.
JD Supra Law
SEPTEMBER 11, 2023
Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in intellectual property law and any impact on the legal and business landscapes, potential challenges and opportunities, possible legislative reforms, and more.
IP Law 360
SEPTEMBER 11, 2023
MGA Entertainment urged a California federal judge Monday to reconsider his tentative order requiring a third trial in rapper T.I.'s $100 million intellectual property suit against the toy maker, arguing the U.S. Supreme Court's "narrow" holding in the Jack Daniel's trademark case doesn't apply and that the jurors were correctly instructed.
JD Supra Law
SEPTEMBER 11, 2023
I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making. From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in September 2011, Congress debated every provision of the AIA, revised the language, debated some more, and finally codified the new law with overwhelming bipartisan support.
IP Law 360
SEPTEMBER 11, 2023
A doctor being sued by Johnson & Johnson's bankrupt talc subsidiary for trade libel over a scientific article she wrote linking asbestos in talc to mesothelioma is urging a New Jersey federal judge to throw out the case, saying the courts are not the place to challenge her scientific conclusions.
JD Supra Law
SEPTEMBER 11, 2023
In this edition, we begin with a discussion of recent trends in sanctions practice at the Patent Trial and Appeal Board (PTAB). Next, we summarize several recent Federal Circuit decisions addressing various aspects of PTAB practice. Finally, we examine the interplay between statutory inter partes review estoppel and common law estoppel in district court.
IP Law 360
SEPTEMBER 11, 2023
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
Barry Sookman
SEPTEMBER 11, 2023
I was pleased earlier today to participate on a panel on generative AI and copyright at the 2023 Annual Meeting of the Intellectual Property Owners Association (IPO) in Boston. My co-panelists were Professor Jessica Silbey (Boston University), Troy Prince (Raytheon Technologies), and Edward Ryan (Tutunjian & Bitetto P.C.). The moderator was Jenevieve Maerker (Finneganm Henderson).
IP Law 360
SEPTEMBER 11, 2023
The Federal Circuit on Monday reversed part of a lower court's finding that threw out Netflix's fight against a patent on a way of generating a multimedia file, telling the Patent Trial and Appeal Board it was too strict in its approach.
JD Supra Law
SEPTEMBER 11, 2023
Artificial Intelligence (AI) is one of the hottest topics in technology, with businesses studying how to utilize its benefits and at least some workers wondering if smarter and cheaper AI technologies will replace them. Here at the TMCA, we have been covering an AI-related issue of particular interest to IP attorneys – the ongoing battle of Dr. Stephen Thaler to copyright artwork created by AI software.
Likelihood of Confusion
SEPTEMBER 11, 2023
This Copywrite blog is really good. Originally posted 2009-12-22 17:19:47. Republished by Blog Post Promoter The post Copywrite appeared first on LIKELIHOOD OF CONFUSION™.
Patently-O
SEPTEMBER 11, 2023
by Dennis Crouch The Federal Circuit recently issued an important decision regarding the analogous art doctrine in Netflix v. DivX , No. 22-1138, — F.4th — (Fed. Cir. Sept. 11, 2023). The Patent Trial and Appeal Board’s sided with the patentee, holding that a key prior art reference was not analogous art. On appeal, the Federal Circuit has partially affirmed, but vacated and remanded on a procedural ground.
BYU Copyright Blog
SEPTEMBER 11, 2023
This legal case (Oppenheimer v. The Trustees of The Stevens Institute of Technology et al.) involves a professional photographer from New Jersey, referred to herein as David Oppenheimer or simply “Oppenheimer,” and the Stevens Institute of Technology (the “Institute”)—a nonprofit institution also situated in New Jersey. Oppenheimer boasts an impressive portfolio, having conducted business with notable clients such as National Geographic, Rolling Stone, NBC, MTV, MSNBC, Goldman Sachs, and HBO Spo
LexBlog IP
SEPTEMBER 11, 2023
In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. In re Joseph A. Stallard , Serial No. 97115036 (August 28, 2023). In doing so the Board held that video game characters are not per se registrable without a showing that they function as marks.
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