Tue.Oct 01, 2024

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The Death of the Superhero Trademark

Plagiarism Today

The US Patent and Trademark Office has canceled Marvel and DC's trademark registrations related to the term superhero. Here's what it means. The post The Death of the Superhero Trademark appeared first on Plagiarism Today.

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John Legend Understands Trademark Protection

Erik K Pelton

In this episode, Erik shares the story of how John Legend came to an interesting resolution to protect his brand – straight from the artist himself! The post John Legend Understands Trademark Protection appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik shares the story of how John Legend came to an interesting resolution to protect his brand – straight from the artist himself!

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3 Count: AI Rejection

Plagiarism Today

Artist sues to overturn USCO denial of AI registration, tattoo artist scores small win over Take-Two and SESAC songs are back on YouTube. The post 3 Count: AI Rejection appeared first on Plagiarism Today.

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How, when, and where to use the correct trademark symbol

Erik K Pelton

The following is an edited transcript of Chapter 14 of my book video Building a Bold Brand: Documenting Use and Using Symbols Documenting the following events, with relevant dates, is recommended for each brand name, logo, and slogan: Creation or selection of the brand name, logo, or slogan; Intent to use the name with a product or service; Public launch of the trademark; and First sales of the goods or services using the trademark.

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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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Patent Application for Gilead’s Lenacapavir Opposed: Saving Generics of HIV Drugs?

SpicyIP

[A big thanks to Swaraj for his inputs on the post.] The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. Pre-grant oppositions (PGOs) are crucial in India’s patent system, allowing challenges to patents before they’re granted.

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RIAA and MPA Urge Court Not to Disarm the DMCA Subpoena Anti-Piracy Tool

TorrentFreak

Tackling online piracy is a complicated endeavor that often starts by identifying the operators of infringing sites and services. This is also where the first hurdles show up. Many pirates keep their identities concealed. This applies to the operators of sites and services as well as their users. This relative anonymity is a nuisance to anti-piracy groups, including the RIAA and MPA.

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Nonprofit Finds Bad Patent 'Epidemic' Is Just A Myth

IP Law 360

The U.S. Patent and Trademark Office is more likely to reject patent applications with valid claims than approve applications with invalid claims, according to a new report commissioned by former USPTO directors and Federal Circuit judges who were concerned about an alleged "epidemic" of bad patents.

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Pixel Case Against Google “Jumps the Shark”–Doe I v. Google (Catch Up Post)

Technology & Marketing Law Blog

It feels like we are getting a pixel ruling every day. I’ve ignored most of them. I’ve decided this one from 2 months ago is worth blogging, even at this date, given Judge Chhabria’s treatment of these claims. The court summarizes the context: In many pixel cases, the plaintiffs sue the owner of the web property they interacted with, alleging that the owner installed source code that caused their personal information to be transmitted to a third party.

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Comments Invited for Amendments to the Geographical Indications of Goods (Registration and Protection) Act, 1999, by October 10

SpicyIP

Image by macrovector on Freepik [ This post is authored by SpicyIP Intern Samridhi Chugh. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.

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Save-the-Date: 2025 IP Awareness Summit will be Held at Dolby HQ in San Francisco

IP Close Up

The Center for Intellectual Property Understanding (CIPU) has announced that it is holding the 2025 IP Awareness Summit (IPAS 2025) on April 24th at Dolby Continue reading

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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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[Sponsored] Registration Deadline Extended for the “Comprehensive Course on Patents” Organized by The IP Press In Collaboration with S. Majumdar & Co. (October 5-November 23)

SpicyIP

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. Majumdar & Co. The deadline for registration has now been extended to October 4. For more details, read their announcement below: Registration Deadline Extended for the “Comprehensive Course on Patents” Organized by The IP Press In Collaboration with S.

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Effects on Efficiency—Group Size, Line, Location, Product

Christopher Roser

In my last post, I started to look at factors that affect the efficiency of your line, in particular the percentage of value-added time by the operators. For this I have a good data set with fifty-three different observations. One major factor was the speed of the line. Faster lines are not only easier to. Read more The post Effects on Efficiency—Group Size, Line, Location, Product first appeared on AllAboutLean.com.

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SpicyIP Tidbit: An Update on Master Arnesh Shaw v. Union of India-Delhi High Court Holds Sarepta Accountable for Delays and MoHFW Ordered to Release Funds

SpicyIP

Image from here. [ This post has been authored by SpicyIP intern Mehnaz Khatoon. Mehnaz is a recent law graduate from Aligarh Muslim University Centre Malappuram. She is passionate about Intellectual Property Laws and is interested in pursuing a career in the corporate sector. Her previous posts can be accessed here. ] In a crucial order in the Master Arnesh Shaw vs.

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Autonomous Akin Update - August 2024

JD Supra Law

Our newsletter reflects the focus of Akin’s cross-practice autonomous systems and advanced mobility team on developments in the regulatory, policy, trade, intellectual property, and cybersecurity and privacy spaces. Autonomous Akin brings you the latest news and developments so that you can keep a pulse on what is happening in government and industry that is impactful for your business.

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September 2024 Roundup of Copyright News

Copyright Alliance

In September, courts remained busy with copyright cases, with a major decision handed down in a crucial case for publishers. Here is a quick snapshot of some of copyright-related activities […] The post September 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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Denied! Judge Davis rejects a “half-hearted” approach to obtaining a preliminary injunction

JD Supra Law

To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable harm. In this recent Order of Significance (denying a preliminary injunction), Judge Davis was able to skip over ‘success on the merits’ because he found Plaintiff’s evidence was lacking. He also found Plaintiff moved too slowly to justify a finding of irreparable harm.

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Precedential No. 24: TTAB Rejects Law School Amicus Brief, Denies Partial Summary Judgment, and Tosses Out Six Affirmative Defense

The TTABlog

In a merciless three-pronged, precedential interlocutory ruling, the Board (1) denied a law school clinic's dubious motion for leave to file an amicus brief, (2) denied Applicant Herman Jones's hopeless motion for partial summary judgment on his nonuse counterclaims, and (3) jettisoned Opposer Monster Energy's improper and ill-pled affirmative defenses.

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[Audio] Title IX — Highway to NIL Podcast

JD Supra Law

In this installment, Troutman Pepper attorneys Cal Stein, Mia Marko, and Dani Clifford discuss Title IX, a longstanding federal law that applies to educational institutions, and its intersection with the evolving landscape of name, image, and likeness (NIL) rights. They also explore the potential future scenario where NCAA institutions might start paying some of their student-athletes.

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IPWatchdog LIVE Was Launched with Expert Perspectives on the State of the U.S. IP System

IP Watchdog

IPWatchdog LIVE 2024 kicked off on Sunday, September 29, with a panel that delivered clear insights on the current state of U.S. intellectual property, offering key takeaways for policymakers, staffers, in-house counsel, attorneys, and patent practitioners alike. Moderated by Judge Susan Braden, panelists included Dean Geibel, Chief Patent Counsel & Associate General Counsel at Samtec, Inc., and Benjamin Weed, General Counsel at Ridge Wallet.

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Video Killed the Radio Star (and AI Could Kill the Rest): Tips for Protecting Artists From the Unauthorized Use of Existing Works

JD Supra Law

Oscar Wilde is credited as saying, “Imitation is the sincerest form of flattery that mediocrity can pay to greatness.” While there is some dispute as to whether Wilde uttered these words, the message is clear: creativity and originality are worthy of praise; imitation, not so much. We may only guess what the Irish wordsmith would think about so-called generative artificial intelligence (“AI”) models and outputs.

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Amazon Gets $47M Voice Patent Verdict Slashed By $7M

IP Law 360

Amazon was able to shave off about $7 million from a nearly $47 million verdict against it in a voice software technology patent case by a defunct startup after convincing a Delaware federal court that there was a hole in expert testimony over the online retail giant's Alexa software.

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Can AI Create Copyright? DC Circuit Weighs Human Authorship in Thaler v. Perlmutter

JD Supra Law

On September 19, 2024, the US Court of Appeals for the DC Circuit heard arguments in the matter of Thaler v. Perlmutter on the question of whether an image “autonomously” generated by artificial intelligence can be copyrighted. The appeal followed a decision by the DC District Court (687 F.Supp.3d 140) finding that copyright law requires human authorship of a work to qualify for copyright protection.

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Fla. Judge Sends 2 Live Crew Rights Dispute To Jury

IP Law 360

A Florida federal judge has trimmed trademark and copyright infringement claims from a suit by music label Lil' Joe Records against members of the hip-hop group 2 Live Crew but said he would send the issue of whether the termination of the label's rights to the songs was effective to a jury next week.

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Federal Circuit Upholds Invalidation Of Photo-Tagging Patents Under 35 U.S.C. § 101 And Alice/Mayo

JD Supra Law

On September 17, 2024, Judges Taranto, Chen and Cunningham of the United States Court of Appeals for the Federal Circuit (“CAFC”) upheld the invalidation of a patent belonging to Angel Technologies Group, LLC and dismissed other infringement claims brought against Meta Platforms, Inc. as moot, after other patents at issue were found unpatentable in inter partes review by the Patent Trial and Appeal Board (“PTAB”).

Patent 68
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IBM Targets Take-Two In IP Suit After $45M Win Against Zynga

IP Law 360

Less than a month after obtaining a $45 million verdict against San Francisco game company Zynga over patents related to online advertisements, IBM launched a new lawsuit in Delaware federal court against the developer's parent company over different video games.

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Internet Archive’s Controlled Digital Book Lending Program Violates Copyright Law, Says Federal Appeals

JD Supra Law

A Federal appeals court has ruled that the nonprofit Internet Archive’s “controlled digital lending program” – which creates and lends fully digitized copies of books – does not meet the copyright law’s definition of a fair use. The September 4, 2024, decision in Hachette Books v.

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Defending AI, Machine Learning Patents In Life Sciences

IP Law 360

Ten years after the U.S. Supreme Court's decision in Alice v. CLS Bank, artificial intelligence and machine learning technology remain at risk for Alice challenges, but reviewing recent cases can help life sciences companies avoid common pitfalls and successfully defend their patents, say attorneys at Mintz.

Patent 52
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Key Federal Circuit Patent Rulings Impacting Your Business - Recent Rulings

JD Supra Law

In Wisconsin Alumni Research Foundation v. Apple, the Federal Circuit expanded the preclusive effect of non-infringement rulings. It ruled that prior judgments of non-infringement can prevent follow-on lawsuits involving materially similar, later generations of a product.

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Litigation Inspiration: Honoring Your Learned Profession

IP Law 360

About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

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USPTO to Terminate AFCP 2.0 Program Effective Dec. 14

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) is terminating the After Final Consideration Pilot Program 2.0 (AFCP 2.0), which provided examiners additional time to search and/or consider responses following final rejection of a patent application. The USPTO will not accept any AFCP 2.0 requests after December 14. The AFCP 2.0 program has served an important purpose the past several years.

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Buchalter Grows In Atlanta With Taylor English IP Litigators

IP Law 360

Buchalter PC has continued its expansion in Georgia with the addition of two intellectual property litigators from Taylor English Duma LLP.

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Demonstrating Unequivocal Intent to Broaden in Reissue

JD Supra Law

Takeaways: - Patentees must demonstrate “unequivocal intent” to broaden claims in a broadening reissue. - To establish a broadening reissue, a patentee’s actions must align with their words within the two year statutory period. Reissue provides patentees with an opportunity to correct an “error” after a patent has issued. As provided in 35 U.S.C. § 251, correctable errors include “a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to.

Patent 65
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Febreze Jingle IP Claim Doesn't Pass 2nd Circ. Smell Test

IP Law 360

The Second Circuit on Tuesday rejected an appeal from a New York composer who claims Procter & Gamble's advertisement jingle for Febreze ripped off five notes from a song he wrote in the 1980s, saying those notes by themselves are not protectable under copyright law.

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The Dilemma with Patent Owner Statements Post-Reexamination Order

JD Supra Law

Takeaways: 1. Patent owner statements present both risks and limited opportunities. 2. Waiving the patent owner statement shortens overall reexamination proceeding pendency. Every third party requester ex parte reexamination order includes a reminder that the patent owner has a 60-day window to file a patent owner statement. The patent owner statement should lay out why the request should not have been granted, along with any narrowing amendments the patent owner wants considered before the.

Patent 65
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From Concept To Capital: 5 Stages Of Evolving IP Needs

IP Law 360

Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.

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