Erik K Pelton
OCTOBER 15, 2024
The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Doing nothing about a known infringement situation for a long period of time can lead to “laches,” a legal theory that could prevent you from later enforcing any rights you may have once had.
IP Watchdog
OCTOBER 15, 2024
By now, most IP practitioners are familiar with the U.S. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. v. VIP Products, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution.
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TorrentFreak
OCTOBER 15, 2024
Under U.S. law, rightsholders have an option to identify alleged copyright infringers, without directly having to file a lawsuit. Instead, they can request a DMCA subpoena. These documents are typically signed by a court clerk and don’t require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party service providers.
Olartemoure Blog
OCTOBER 15, 2024
This initiative underscores the vital importance of collaboration between multiple agencies and countries. Since its inception, Operation 404 has become a success story in the global fight against online piracy. Previous phases have led to the blocking of thousands of illegal websites and apps, the execution of numerous search warrants, and the seizure of equipment used for cybercrimes.
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?
Plagiarism Today
OCTOBER 15, 2024
Appeals court gives record companies a major win, delayed Indian film draw copyright lawsuit and fitness celebs settle part of their dispute. The post 3 Count: ISP Liability appeared first on Plagiarism Today.
Erik K Pelton
OCTOBER 15, 2024
Want to learn more about trademark scams and how AI can assist you in your trademark practice? Erik shares details of 2 upcoming webinars in this episode. The post Two Upcoming Webinars with Erik appeared first on Erik M Pelton & Associates, PLLC.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Copyright Alliance
OCTOBER 15, 2024
This week we’d like to introduce cartoonist and author Maryette Clement. Maryette’s book, The Teenyboppers #1, is available on Amazon. Be sure to also follow her on Instagram. What was the inspiration behind becoming a […] The post Creator Spotlight with Cartoonist Maryette Clement appeared first on Copyright Alliance.
IP Watchdog
OCTOBER 15, 2024
There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts. With the ongoing efforts of the China National Intellectual Property Administration (CNIPA), the regulation of patent infringement administrative procedures has become more comprehensive.
TorrentFreak
OCTOBER 15, 2024
Six years ago when attention was focused elsewhere, the MPA warned that lacking legislation and rising broadband penetration would eventually transform Vietnam into a major online headache for rightsholders. Yet perhaps not even the MPA expected sites like FMovies and Aniwatch to attract hundreds of millions of visitors every month. Coupled with a complex and politically sensitive environment in Vietnam, where established anti-piracy principles seemed to carry little to no weight, at times Holly
IP Law 360
OCTOBER 15, 2024
Swiss drugmaker Novartis said Tuesday that it plans to appeal a ruling from over the weekend that scuttled its suit over the U.S. Food and Drug Administration's approval of a generic version of Entresto, the drugmaker's blockbuster heart failure medication.
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.
Christopher Roser
OCTOBER 15, 2024
To control any kind of system, you need to know its status. For a simple system like heating, the indoor temperature may be the key input. For something as complex as manufacturing, however, there could be a myriad of different measurements that can help you to control the system. In this context, KPIs (key performance.
IP Law 360
OCTOBER 15, 2024
Artificial intelligence firm OpenAI has announced a new pledge to only use its patents for defensive reasons, provided others do not threaten it or assert claims against it first, echoing a similar position taken by electric-vehicle maker Tesla.
The IPKat
OCTOBER 15, 2024
Today (15 October 2024), South Africa's President Cyril Ramaphosa referred the Copyright Amendment Bill (CAB) and Performers’ Protection Amendment Bill (PPAB) to the Constitutional Court for a ruling on their constitutionality. IPKat readers may recall this Kat's post at the time South Africa's Parliament passed the two bills again in March and transmitted them to the President for his assent (or referral to the Constitutional Court).
IP Close Up
OCTOBER 15, 2024
“Creativity is everywhere,” says James Jorasch, one of the leading U.S. inventors and the most active living in New York City.
JD Supra Law
OCTOBER 15, 2024
On September 19, 2024, California adopted the California AI Transparency Act ("SB 942") to create transparency mechanisms that allow consumers to determine whether an "image, video, or audio content, or content that is any combination thereof, was created or altered" using generative artificial intelligence ("GenAI").
43(B)log
OCTOBER 15, 2024
Advance Dx, Inc. v. YourBio Health, Inc., F.Supp.3d -, 2024 WL 4393314, No. 24-10595-WGY (D. Mass. Oct. 3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false advertising, tortious interference, defamation/disparagement, unjust enrichment, and unfair trade practices under Massachusetts statutory law.
JD Supra Law
OCTOBER 15, 2024
Over the past several years, both Congress and state legislatures have introduced legislation concerning “digital replicas,” or deepfakes created by AI. Many of these bills have been directed to protecting the name-image-likeness (NIL) rights of actors, singers, celebrities and others.
43(B)log
OCTOBER 15, 2024
Bowen v. Energizer Holdings, Inc., F.4th -, 2024 WL 4352496, No. 23-55116 (9th Cir. Oct. 1, 2024) Bowen sued Energizer for false advertising, alleging that its Banana Boat sunscreen was adulterated with dangerous levels of benzene, a carcinogen that scientists have determined can cause cancer. Energizer moved to dismiss under Rule 12(b)(1), arguing that there was no Article III standing because Bowen’s allegations that small amounts of benzene in sunscreen are unsafe were false.
JD Supra Law
OCTOBER 15, 2024
AlexSam, Inc. v. Aetna, Inc., Appeal No. 2022-2036 (Fed. Cir. Oct. 8, 2024) In the Court’s only precedential patent opinion last week, a panel of the Federal Circuit granted appellant AlexSam a second chance to hold health-care giant Aetna accountable for alleged infringement of its patent claims concerning the use of payment cards in connection with health-care charges.
IP Law 360
OCTOBER 15, 2024
An attorney for a proposed class of cellphone buyers urged the 9th Circuit Monday to revive antitrust claims against Qualcomm, saying it used "weak patents" to secure licensing agreements that forced companies to give up their right to challenge the patents, although one judge questioned whether the plaintiffs had waived that argument.
JD Supra Law
OCTOBER 15, 2024
NIC Costa Rica, the Registry responsible for running the.CR country code Top Level Domain (ccTLD) for Costa Rica, has recently celebrated its 34th anniversary.
IP Law 360
OCTOBER 15, 2024
The Federal Circuit on Monday shut down an effort to revive language in a patent covering a "ballot marking device" for disabled voters that had been asserted against vote-counting business Smartmatic USA Corp.
JD Supra Law
OCTOBER 15, 2024
The U.S. Patent and Trademark Office (USPTO) recently issued new guidance regarding patent-eligible subject matter for artificial intelligence (AI). This new guidance is intended to assist patent examiners and stakeholders in evaluating AI-related patent claims but can also be invaluable for those seeking to protect their AI innovations.
IP Law 360
OCTOBER 15, 2024
A Delaware federal judge on Tuesday rejected invalidity arguments against three Exelixis patents that MSN Laboratories Private Ltd. said it would be infringing with a proposed generic of blockbuster drug Cabometyx, while also finding that a fourth patent wasn't invalid nor was it infringed.
JD Supra Law
OCTOBER 15, 2024
On October 4, 2024, Amgen filed a BPCIA complaint in the District Court for the Northern District of Illinois Eastern Division against Fresenius Kabi related to Fresenius Kabi’s proposed biosimilar of Amgen’s PROLIA and XGEVA.
IP Law 360
OCTOBER 15, 2024
Patent-holding company VoIP-Pal.com announced Monday that it will refocus its legal efforts on antitrust litigation targeting the big three telecommunications carriers, days after dropping recently filed patent suits against Verizon and T-Mobile.
JD Supra Law
OCTOBER 15, 2024
The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) ruled that a state agency has no sovereign immunity to a trademark opposition proceeding. Mountain Gateway Order, Inc. v. Virginia Community College System, Opposition Nos. 91283412 (parent) and 91283416 (TTAB June 6, 2024) [precedential].
IP Law 360
OCTOBER 15, 2024
The New York Times has hit Perplexity AI Inc. with a cease-and-desist letter claiming that the artificial intelligence startup is unlawfully using its copyrighted news content, while Perplexity contends that its AI search engine is lawfully indexing web pages and surfacing facts as citations.
JD Supra Law
OCTOBER 15, 2024
The Supreme Court denies Cellect LLC's petition for certiorari to consider whether patent term adjustment ("PTA") should be included in patent term for obviousness-type double patenting ("ODP") purposes.
IP Law 360
OCTOBER 15, 2024
A Utah company that makes realistic human-sized dolls won a ruling from the Tenth Circuit on Tuesday that it can sue two Chinese companies for counterfeiting in Utah federal court because those businesses agreed to the jurisdiction of anywhere Amazon can be legally "found.
JD Supra Law
OCTOBER 15, 2024
The decision to end the program follows public resistance to a proposed fee structure aimed at offsetting its high administrative costs. The U.S. Patent and Trademark Office (USPTO) extended the After Final Consideration Pilot Program 2.0 (AFCP 2.0) to December 14, 2024, after which no further participation requests will be accepted.
IP Law 360
OCTOBER 15, 2024
Rapper and producer Luther Campbell, also known as Uncle Luke, told jurors Monday that the checks they'd been shown for payments to members of hip-hop group 2 Live Crew were for per diem expenses, not paychecks, and insisted that the group members were not employees of his record label and can therefore claw back their rights to their old hit recordings.
JD Supra Law
OCTOBER 15, 2024
We are excited to extend a special invitation to you for an upcoming webinar dedicated to "How To Protect Your IP by Avoiding Common Trademark Mistakes” — a comprehensive session designed to equip you with the knowledge you need to navigate the world of trademarks effectively.
IP Law 360
OCTOBER 15, 2024
Western Digital owes between $5 and $8.50 per unit for infringing Spex's data security patent based on Spex's 2009 licensing deal with Kingston Technology, Spex's president told California federal jurors Tuesday, noting that Western Digital had no noninfringing alternative to implement hardware encryption in its storage devices.
JD Supra Law
OCTOBER 15, 2024
A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. Originally published in Copyright Lately - October, 6 2024.
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