Intellectual Property Law Blog

NOVEMBER 1, 2023

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. Some of the IP issues include: i) whether training AI models on copyrighted content constitutes infringement; ii) whether the output of genAI that is based on copyright-protected training

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Hugh Stephens Blog

NOVEMBER 1, 2023

Photo: Author (Poppy paid for!) I was at a store a couple of days ago and as is common at this time of year, there was the tray of Remembrance Day poppies on offer, with the proceeds going to the Royal Canadian Legion. I slipped in my $5 donation (is that enough in these days … Continue reading "Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

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Patently-O

NOVEMBER 1, 2023

by Dennis Crouch The White House this week issued a new executive order focusing on a variety of aspects of regulating artificial intelligence, some of which focuses on IP issues. The executive order lays out eight guiding principles for manages risks while allowing growth and benefits: Ensuring AI is safe, secure and trustworthy, including through developing guidelines, standards and best practices, verifying reliability, and managing risks related to national security, critical infrastructure

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TorrentFreak

NOVEMBER 1, 2023

Two years ago, several movie production companies, including the makers of Hellboy, Rambo V, The Hitman’s Bodyguard, and Dallas Buyer’s Club, sued Internet provider Grande Communications. The filmmakers accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

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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?

Technology

IP and Legal Filings

NOVEMBER 1, 2023

Introduction to Trademark Dilution The concept of Dilution was first introduced in 1927, a theory was propounded namely The Rational Basis of Trademark in the article of Mr. Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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TorrentFreak

NOVEMBER 1, 2023

The ‘Korean Wave’ cultural phenomenon, boosted by movies and TV shows such as Parasite and Squid Game, and once in a generation musical mega-groups like BTS, has captivated audiences thousands of miles beyond South Korea’s borders. These cultural exports have overcome language barriers, generated huge sums of money, and further boosted South Korea’s image on the world stage.

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Likelihood of Confusion

NOVEMBER 1, 2023

Orwell Estate Sends Copyright Takedown Over the Number “1984” – TorrentFreak [link] — TrademarkBlog (@TrademarkBlog) October 27, 2015 It’s like something out of 1984! Where to start? Where to begin? The post We’ve got a bigger problem now appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

NOVEMBER 1, 2023

On October 30, 2023, President Biden signed the Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (the “Federal AI Executive Order”), a long-awaited executive order that builds upon the Biden Administration’s previously released, non-binding Blueprint for an AI Bill of Rights (“AI Bill of Rights”), and seeks to catalyze both agency action and congressional legislation on artificial intelligence (“AI”) in the coming months.

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IP Law 360

NOVEMBER 1, 2023

A Delaware judge has thrown out a patent infringement suit against Uber over its surge pricing system Wednesday, finding SurgeTech's inventory sale methods covered by the patents were not fixing a technical problem, but solving human inefficiency.

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JD Supra Law

NOVEMBER 1, 2023

On October 30, President Biden signed a sprawling executive order governing the development, testing, and use of artificial intelligence (AI). Formally titled, "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence," the order sets forth guiding principles and actions to be taken by federal agencies.

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Government 81

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.

Patent

IP Law 360

NOVEMBER 1, 2023

Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

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JD Supra Law

NOVEMBER 1, 2023

On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Under this law, employment agreements can no longer include provisions that assign, or provide that an employee offer to assign, any of their rights in an invention if the employee developed the invention on their own time and without the use of their employer’s resources and.

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The IPKat

NOVEMBER 1, 2023

Easy Life was, until recently, the name of an indie band from Leicester, UK. The band has now changed their name after easyGroup threatened them with legal action, claiming trade mark infringement. Here are the details and some reflections on the situation: Background: easyGroup, easy trade mark filing easyGroup is the owner of a large number of marks, the most recognisable one being EASYJET in Classes 16, 39, 42, 43 and 44 [Hairdressing, who knew?!].

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JD Supra Law

NOVEMBER 1, 2023

On October 30, 2023, the White House released an Executive Order for Safe, Secure, and Trustworthy Artificial Intelligence (EO), which outlines a sweeping plan for encouraging the development and managing the risks of artificial intelligence (AI). The notably lengthy EO includes dozens of directives to numerous agencies that will be implemented in the next year.

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The IPKat

NOVEMBER 1, 2023

The case law on sound marks is still developing in the EU. There has been a series of applications that have been rejected, including the sound of an accelerating electric car (discussed here ), the opening and pouring of a can (discussed here ) and a nursery rhyme (discussed here ). In a recent decision , the EUIPO added a jingle of a public transportation company to this list.

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JD Supra Law

NOVEMBER 1, 2023

The Federal Circuit appeal in Merck Sharp & Dohme B.V., Merck Sharp & Dohme, LLC v. Aurobindo Pharma USA, Inc. et al., concerns whether patent term extension (PTE) for regulatory delay, in particular delay for FDA drug approval, should be calculated from the date the original patent issued or the date the reissue patent issued. The appeal is from the decision of the U.S.

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IP Watchdog

NOVEMBER 1, 2023

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision holding that a Delaware district court erred in its claim construction of a term with respect to Malvern Panalytical, Inc.’s patents. Specifically, the CAFC said the district court erred by relying heavily on the patent prosecution history statements for a related patent that had been cited in the information disclosure statement (IDS) during supplemental examination of one of the patents-in-suit to inf

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JD Supra Law

NOVEMBER 1, 2023

In the continuing debate over the uptake of biosimilars, FDA recently put a stake in the ground by recommending in a new labeling guidance that all biosimilar products contain only a biosimilarity statement, even for products designated as interchangeable.

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Trading Secrets

NOVEMBER 1, 2023

On October 12, 2023, the Wisconsin legislature introduced Assembly Bill 481 , which proposes the ban of employee non-compete agreements in the Badger State. Currently, employee non-compete agreements in Wisconsin are allowed if limited to a specified territory, a specified time, and only if the “restrictions imposed are reasonably necessary for the protection of the employer or principal.

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JD Supra Law

NOVEMBER 1, 2023

With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First Amendment. Specifically, the Court will determine whether Section 1052(c) of the Lanham Act, which prohibits individuals from registering for a trademark that includes the name of a living person without their consent, violates the free speech clause of the First Amendment.

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The TTABlog

NOVEMBER 1, 2023

The September-October 2023 (Vol. 113 No. 5) issue of the Trademark Reporter has hit the newsstands. [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): This issue of the TMR offers readers the latest in likelihood-of-confusion survey thought leadership—from a leading scholar-practitioner looking back on (and at times critiquing) his past work to a next-generation litigator and author challenging the continued reliance upon certain outdated “Why?

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JD Supra Law

NOVEMBER 1, 2023

The Texas Patent Litigation Monthly Wrap-Up for October 2023 covers three decisions addressing the scope of the work-product and attorney-client privileges, limits on the use of a defendant’s use of its own patents during trial, and indefiniteness determinations during claim construction.

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IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. The number of artworks bought and sold throughout the world increased to almost 40 million in 2018 from around 39 million the year before, providing further evidence of this trend. Paintings, sculptures, and other forms of modern art allow individuals to freely express themselves in a way that is approachable to others due to the

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JD Supra Law

NOVEMBER 1, 2023

A recent district court decision in Sonos v. Google has set forth a novel application of the prosecution laches doctrine to a patent with a post-1995 priority date. Sonos Inc. v. Google LLC, 20-06754 WHA, 2023 WL 6542320 (N.D. Cal. Oct. 6, 2023). If endorsed by the Federal Circuit, this decision could represent a new tool for defendants seeking to invalidate asserted patents, and it could have major implications for patent continuation strategy for U.S. patent owners.

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IP Law 360

NOVEMBER 1, 2023

DLA Piper Americas Chair Frank Ryan has been elected to a second four-year term starting Jan. 1, 2025, the firm announced Wednesday.

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JD Supra Law

NOVEMBER 1, 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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IP Law 360

NOVEMBER 1, 2023

Proskauer Rose LLP has hired a first-chair trial lawyer from Cooley LLP as a partner in its intellectual property group to join the growing New York office, the firm said Wednesday.

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JD Supra Law

NOVEMBER 1, 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations under Section 14, explore "Mastermind" brand protection strategies from Taylor Swift, and provide an overview on recent guidance on complying with the USPTO's new e-signature requirements.

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LexBlog IP

NOVEMBER 1, 2023

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. Some of the IP issues include: i) whether training AI models on copyrighted content constitutes infringement; ii) whether the output of genAI that is based on copyr

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IP Intellectual Property Copyright Invention 52

JD Supra Law

NOVEMBER 1, 2023

Generative AI has taken the world by storm since OpenAI launched ChatGPT in November 2022. But the buzz and excitement of GAI has come with difficult legal questions that threaten the new technology. Several lawsuits—some of which we have discussed in detail—have been filed against companies whose GAI products have been trained on copyrighted materials.

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Above the Fold

NOVEMBER 1, 2023

Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. This comes on the heels of Taco John’s giving up its “Taco Tuesday” trademark in all other states this summer, which we previously blogged about here. Looks like Taco Bell’s petition to cancel these trademarks with the United States Patent and Trademark Office (USPTO) ultimately paid off.

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JD Supra Law

NOVEMBER 1, 2023

In Baxalta, Inc. v. Genentech, Inc., the Court of Appeals for the Federal Circuit upheld a summary judgment finding from the District of Delaware (Judge Timothy B. Dyk) that claims 1-4, 19 and 20 of Baxalta’s patent directed to Factor IX were invalid for lack of enablement based on the Supreme Court’s finding in Amgen v Sanofi.

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Indiana Intellectual Property Law

NOVEMBER 1, 2023

The U.S. Trademark Office issued the following 177 trademark registrations to persons and businesses in Indiana in September 2023 based on applications filed by Indiana trademark attorneys: Reg. Number Word Mark 7188397 KINGDOM ROOFING SYSTEMS 7184867 TRUE ESSENCE 7184446 TRUE ESSENCE 7202013 NATE & NATTY 7201936 CHERRY RUSH 7201492 TIMTUSK 7201412 BIG TINE PROTEIN PLUS 7200674 NDO NO DAYS OFF 7200673 NO DAYS OFF 7200456 7200396 K9 ANGELS THERAPY DOGS 7200170 ARTISTRY 7200143 AA 7200073 REC

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JD Supra Law

NOVEMBER 1, 2023

After the 10th hearing before Congress regarding name, image and likeness (NIL), a federal NIL law is no closer to the finish line. On Oct. 17, six witnesses — NCAA President Charlie Baker, Big Ten Commissioner Tony Petitti, United States National Team gymnast Trinity Thomas, NCPA Executive Director Ramogi Huma, Grove Collective leader Walker Jones and Saint Joseph’s University Director of Athletics Jill Bodensteiner — appeared before the Senate Judiciary Committee to offer their perspectives on

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LexBlog IP

NOVEMBER 1, 2023

The end of the calendar year is also, for legal purposes, the end of the corporate and accounting year, under Colombian Law. The beginning of a new corporate year, on January 1, triggers, for corporate entities and branches of foreign companies, the need to carry out several duties, both in the form of legal obligations or in the form of managing maintenance duties, to guarantee that all matters are in line with the applicable regulations, and reflect the good status of the legal status of the e

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