Tue.Feb 04, 2025

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Patent, Trademark, and Copyright: Definitions and Distinctions

Erik K Pelton

The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. While my work focuses almost exclusively on trademark protection, a question that comes up all the time is “What’s the difference between a copyright, a trademark, and a patent?

Trademark 130
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ZEO v/s EZIO: Trademark Lessons on Passing Off and the Use of House Marks

SpicyIP

Explaining the recent Delhi High Court decision in Gensol v. Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. Tanishka is an advocate at the High Court of MP. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws.

Trademark 107
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USPTO’s Rapid Policy Shifts Threaten Patent System Stability

Patently-O

by Dennis Crouch The U.S. Patent and Trademark Office faces unprecedented challenges as recent executive directives force dramatic changes to its operations. I think that folks across the spectrum from right to left would agree that current changemaking at the White House is following a brutalist approach that treats all federal employees and agencies as interchangeable parts rather than recognizing their unique roles, specialized expertise, and operational requirements.

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LaLiga: Cloudflare, Google and X Are Essential Piracy Facilitators

TorrentFreak

Every year, the Office of the U.S. Trade Representative asks copyright holders to share input for its Special 301 Report. Based on these recommendations, which center around copyright and piracy problems, the USTR compiles an annual list of countries that deserve extra attention. By definition, the overview aims to identify foreign companies and policies that may hurt U.S. businesses.

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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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U.S. Copyright Office Issues Report on Copyrightability of Generative-AI Outputs

JD Supra Law

On January 29, 2025, the U.S. Copyright Office (the Copyright Office) published Part 2 of a three-part report on artificial intelligence (AI) and copyright issues in connection with AIs usage. Part 2 of the report (the Copyrightability Report) centers on the Copyright Offices overall skepticism toward the copyrightability of outputs of generative-AI products (Generative AI) for lack of sufficient human expressive control.

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Vetter v. Resnik: Second Shot, Same Mistake

Copyright Lately

A federal district court in Baton Rouge, Louisiana, just turned an admittedly novel termination theory into a final judgment, risking global copyright chaos. The Fifth Circuit awaits. Last July, I wrote about Vetter v. Resnik , a case out of the Middle District of Louisiana that threatened to upend decades of settled copyright law. The court found that Cyril Vetters statutory copyright termination gave him a plausible claim to recapture both U.S. and foreign rights to his 1966 hit Double Shot (

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Australian Training College Ordered to Close Over Cheating Allegations

Plagiarism Today

An Australian training college that specializes in real estate and finance has been ordered to close over allegations of widespread cheating. The post Australian Training College Ordered to Close Over Cheating Allegations appeared first on Plagiarism Today.

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Understanding Auxiliary Claims and Where They Come From 

SpicyIP

Image from here A term that has of late frequently popped up in patent orders by the Indian Court without much explanation is auxiliary claims. Most recently, such claims were filed before the Delhi High Court (Immunolight v. Controller) ( pdf ), where the Court directed the Patent Office to hear the matter afresh in light of the auxiliary claims filed by Immunolight.

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3 Count: International Rights

Plagiarism Today

Copyright ruling grants termination to international rights, Taylor Swift Productions seek dismissal and industry giants back site blocking. The post 3 Count: International Rights appeared first on Plagiarism Today.

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Insilico Medicine: Lessons in IP strategy from a front-runner in AI-drug discovery

The IPKat

The intersection of AI and pharmaceutical development presents unprecedented opportunities but also raises complex legal questions. Recent developments and successes in AI-drug discovery highlight some of the key IP issues in AI-drug development. Companies are being forced to tackle these issues head-on as the IP law advances almost as quickly as the science.

IP 63
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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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Union Budget 2025-26: What’s in it for Innovation, Tech, Trade and Health?

SpicyIP

Screenshot from here. The Finance Minister (FM) Nirmala Sitharaman on February 1 presented the Union Budget 2025-26 in the parliament. The budget is being suggested as a reprieve to middle-class earners with crucial income tax exemptions announced. At the same time, the budget also made key announcements in the innovation, tech, trade, and health sectors.

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[Guest Post] Things go belly-up for Aldi in Australia as baby food packaging found to constitute copyright infringement

The IPKat

Look-alikes have been the centre of attention lately. This Kat is pleased to host the following guest contribution from Katfriend Lilliana Swainson (student in the Faculty of Law, Bond University) to provide a summary of the recent Australian case on the subject of copycat products, Hampton Holdings IP Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452. Here's what Lilliana has to say: "All the hubbub about the Thatchers v Aldi case in the UK this month (see IPKat discussion here and here ) seems to h

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ambiguity over who was first African-American bourbon distiller in Kentucky dooms false advertising claim

43(B)log

Victory Global, LLC v. Fresh Bourbon, LLC, 2025 WL 366626, No. 5:21-62-KKC (E.D. Ky. Jan. 31, 2025) After dealing with a motion to dismiss , the court now grants summary judgment in this case brought by one African American-owned bourbon seller against another. Victory operates as Brough Brothers, which claims it was the first African American owned bourbon distillery in the Commonwealth of Kentucky, with the requisite licenses to operate a distillery by September 2020.

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U.S. Copyright Office Provides (Some) Guidance on AI-Created Works in a New Report

IP Close Up

AI-generated content that contains evidence of a humans creative choices can qualify for IP protection, according to the second part of a major report issued Continue reading

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CCC’s Scholarly Communications Suite: 2024 Year in Review

Velocity of Content

In close collaboration with the scholarly publishing community, CCC delivered another year of customer-driven enhancements to our market-leading solutions to better support publishers in automating their evolving publishing models. As we settle into 2025, here is a recap of last years key improvements to each of the products in our Scholarly Communications Suite : RightsLink for Scientific Communications, Ringgold Solutions, OA Intelligence, and RightsLink Author Services.

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Legislation is Good, But the PTAB Needs a More Immediate Overhaul

IP Watchdog

Twenty years ago, Congress began hearing that the patent system needed a faster, cheaper way than district court suits to assess the validity of issued patents. In line with this goal, Congress emphasized that the new procedure was to be an alternative to expensive district court litigation.

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InterDigital Targets Disney+, Hulu, ESPN+ In Patent Claim

IP Law 360

InterDigital Inc. said Monday that it has filed patent infringement claims against The Walt Disney Co. in several jurisdictions, alleging that the entertainment giant is using its video technology without a license.

Patent 98
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DeepSeek, Model Distillation, and the Future of AI IP Protection

JD Supra Law

A flurry of developments in late January 2025 has caused quite a buzz in the AI world. On January 20, DeepSeek released a new open-source AI model called R1 and an accompanying research paper.

IP 70
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January 2025 Roundup of Copyright News

Copyright Alliance

2025 started with a flurry of copyright-related activities, setting the tone for what may be a very active year ahead in the copyright world. Among other events, the U.S. Copyright […] The post January 2025 Roundup of Copyright News appeared first on Copyright Alliance.

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Melinta Therapeutics, LLC v. Nexus Pharms., Inc.

JD Supra Law

Minocin (minocycline) - Case Name: Melinta Therapeutics, LLC v. Nexus Pharms., Inc., Civ. No. 21-2636, 2024 WL 4799896 (N.D. Ill. Nov. 15, 2024) (Kness, J.) Drug Product and Patent(s)-in-Suit: Minocin (minocycline); U.S. Patents Nos. 9,084,802 (the 802 patent) and 9,278,105 (the 105 patent).

Patent 70
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OpenSky Defends Patent Challenge After Verdict Against Intel

IP Law 360

A company found using the patent review process to try to extort money from VLSITechnology LLC and Intel Corp. after a $2.18 billion jury verdict against the chipmaking giant is arguing it shouldn't have to pay legal fees, saying itsefforts to revive a meritorious patent challenge is simply part of a "potentially profitable business model.

Patent 52
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The Sole Meaning of “Solely”: Supreme Court Denies Certiorari on Edward Life Sciences v. Meril Life Sciences Pvt. Ltd. and Permits a Broad Interpretation of the Hatch-Waxman Safe Harbor Provision

JD Supra Law

This month the Supreme Court denied certiorari on Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., and in doing so, seemingly indicated its support for a broad interpretation of the Hatch-Waxman safe harbor provision of 35 U.S.C. 271(e)(1). (Prior to its inclusion in the Hatch-Waxman Act it was known as the Bolar exemption).

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Liberated Brands Gets OK To Tap $25M In Ch. 11 Financing

IP Law 360

A Delaware bankruptcy judge on Tuesday agreed to give interim approval for outdoors and athletic clothing retailer Liberated Brands LLC to access $25 million of its $35 million debtor-in-possession financing.

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Trademark Practice Considerations Following the USPTO 2025 Fee Increases

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) could see fewer trademark applications filed in numerous Classes with lengthy descriptions of goods and services as a result of an increase in trademark fees and new surcharges that went into effect January 17, 2025.

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Fed. Circ. Grapples With Extensions On Reissued Patents

IP Law 360

The Federal Circuit is set to decide when a reissued patent actually expires after fielding arguments Tuesday morning from Merck and the generic-drug makers who are trying to break the pharmaceutical giant's hold on a blockbuster drug that counteracts the effects of anesthesia.

Patent 52
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Latest Federal Court Cases: Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc.

JD Supra Law

Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., Appeal Nos. 2024-1965, -1966, -2082, -2083 (Fed. Cir. Jan. 29, 2025) Our Case of the Week is a 31-page decision that touches on a variety of issues, including personal jurisdiction, obviousness-type double patenting, written description, enablement, and moreall arising from a preliminary injunction issued by a district court in a case that focused on abbreviated Biologics License Applications filed with the FDA.

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Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed

IP Law 360

A Florida federal judge on Tuesday tossed for goodantitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments.

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Federal Circuit Addresses Two Key Requirements of On-Sale Bar of Pre-AIA Section 102(b)

JD Supra Law

The Federal Circuits recent precedential decision in Crown Packaging Technology Inc. v. Belvac Production Machinery, Inc. is noteworthy because it discusses two key requirements of the on-sale bar prong of pre-AIA section 102(b). First, the court explained why a quotation letter that included specific and complete price and delivery terms was a commercial offer for sale under section 102(b) even though it also included an acceptance term.

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Lawmakers Hit Replay On Bill For Singers' Radio Royalties

IP Law 360

Lawmakers in Congress have reintroduced legislation that would require radio broadcasters to pay artists when playing their music, a measure that would address what the recording industry has called a legal loophole in which songwriters and publishers get paid but not performers and labels when radio stations play their music.

Music 52
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AI News Roundup – U.S. Copyright Office declares generative AI outputs uncopyrightable, U.K. move to open up works for AI training suffers setback, Vatican releases document on AI technologies, and more

JD Supra Law

To help you stay on top of the latest news,ourAI practice grouphas compiled a roundup of the developments we are following.

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Delta Accused Of Copyright Infringement For Software Use

IP Law 360

Delta Air Lines is facing a copyright infringement lawsuit in Georgia federal court for allegedly authorizing Broadcom-owned software development company CA Technologies' DX NetOps software to be used on nearly 15,000 more devices than permitted under their licensing agreement.

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[Webinar] Litigating in the Unified Patent Court: Strategies for Success - February 11th, 11:00 am - 12:00 pm EST

JD Supra Law

Nearly two years in, the Unified Patent Court (UPC) continues to reshape the patent litigation landscape in Europe by providing swift, cross-border resolutions and an innovative approach to patent enforcement and revocation. But these benefits also come with challenges, and organizations and their counsel must learn how to effectively navigate disputes in the new court.

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Music Group Criticizes Spotify For Unlicensed Uses In Podcasts

IP Law 360

The National Music Publishers' Association, which represents U.S. music publishers and songwriters, said Tuesday that it would begin sending removal notices for thousands of unlicensed uses of its members' works in podcasts on Spotify.

Music 52
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Is Fair Use Threatening to Swallow Computer Copyright Protection?

JD Supra Law

This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace contractor, was accused of copying code from Teradyne, a competitor, in order to ensure that Astronics' products could work compatibly with Teradyne's instruments, which are used by the military to test electronics in aircraft and missiles.

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VedderPrice Eyes West Coast IP Growth With DLA Piper Hire

IP Law 360

VedderPrice said Tuesday that it has hired a former partner at DLA's Piper's Silicon Valley office to help grow its intellectual property offerings on the West Coast, touting his experience in the technology sector.