Thu.May 02, 2024

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Why Plagiarizing Iron Maiden is a Really Bad Idea

Plagiarism Today

Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea appeared first on Plagiarism Today.

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Cannabis Rescheduling and What It Means for Trademark Owners

JD Supra Law

What was hinted at in the fall of 2023 appears to be heading towards reality as reports circulate that the U.S. Drug Enforcement Administration (DEA) has agreed to reschedule marijuana—or cannabis, as most in the industry prefer—from Schedule I to Schedule III status under the Controlled Substances Act (CSA).

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3 Count: Spotify Robots

Plagiarism Today

Lawsuit over Tiger King music is dismissed, Protecting Lawful Streaming Act sees its first conviction and band outs Spotify copycats. The post 3 Count: Spotify Robots appeared first on Plagiarism Today.

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Nintendo DMCA Notice Wipes Out 8,535 Yuzu Repos, Mig Switch Also Targeted

TorrentFreak

Over the last quarter-century the piracy landscape has regularly received major blows from which many believed it could never recover. While in most cases the doomsday scenario never materialized, not all niches are created equally. Those that require a very specific set of skills usually face more complex challenges. When Nintendo sued the company and ultimately the developers of the Yuzu emulator in February, that was a significant event.

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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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Tips for Using AI Tools After the USPTO’s Recent Guidance for Practitioners

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) recently released new guidance for practitioners using artificial intelligence (AI)-based tools. The guidance primarily serves as a reminder of longstanding requirements and best practices for patent and trademark practitioners. For example, patent practitioners have a duty of candor and good faith to the USPTO and a duty of confidentiality to their clients.

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11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit

IP Law 360

The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.

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Google Removes Pirate IPTV Services From UK Search Results

TorrentFreak

The United Kingdom is no stranger to website blocking. The High Court granted permission for a blockade against Newzbin2 in 2011 ; The Pirate Bay and numerous other targets were blocked soon after. A rough inventory carried out by TorrentFreak recently revealed that blocked domains, including subdomains, now exceed 10,000 separate targets. That’s a conservative estimate.

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Cost & Urgency: Why Small Businesses Must Think Strategically About Scientific Literature Investments

Velocity of Content

When choosing software to help with accessing and sharing scientific content, a company must account for all the concerns it would when making any other decision — time, quality, cost, and the business needs it is trying to address. The two specific criteria I believe are most important to discuss in this case are value and responsiveness. These criteria are not unique to small companies, but they are likely a much higher priority for smaller companies than they are for medium-size and large one

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Walgreens Fights $1B Arb. Award Over COVID Test Contract

IP Law 360

At-home lab test maker Everly Health urged a Delaware federal judge to affirm its nearly $1 billion arbitration award against Walgreens over claims the pharmacy chain deliberately misused the digital health platform's trademark while secretly diverting COVID-19 tests to its own pharmacists while Walgreens argued the arbitrator overstepped his authority in bestowing such an "egregious" award.

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April 2024 Roundup of Copyright News

Copyright Alliance

In April, the creative community celebrated World IP Day amid a flurry of copyright related activities. Congress was busy with a variety of copyright issues with an AI and authorship […] The post April 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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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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Universal Music Allows Artists Back On TikTok After Deal

IP Law 360

Universal Music Group has reached a deal with TikTok that will allow its affiliated artists and music to return to the social media platform months after the companies fell out over issues of artist compensation and artificial intelligence-generated content.

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European Digital Compliance: Key Digital Regulation & Compliance Developments - May 2024

JD Supra Law

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance developments that have taken place in the first quarter of 2024.

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Don't Use The Same Template For Every Client Alert

IP Law 360

As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

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The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two SEPs

JD Supra Law

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+ Communications. The outcome serves as a cautionary tale to implementers and useful guidance for SEP owners.

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The Trademark Reporter's "Annual Review of European Trademark Law"

The TTABlog

The Trademark Reporter has published its "Annual Review of European Trademark Law," with contributions from an impressive roster of authors from across Europe. The volume may be downloaded here. Willard Knox, Editor-in-Chief, comments as follows: The Annual Review of European Trademark Law, by the TMR’s own Tom Scourfield, Jordi Güell, Martin Viefhues, plus TMR author Alicja Zalewska-Orabona (and others), contains highlights of European trademark cases rendered by courts in 2023 in the European

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Hot Mess? Second Circuit Douses Injunction Based on Weak Mark

JD Supra Law

The US Court of Appeals for the Second Circuit reversed a district court’s grant of preliminary injunction for abuse of discretion based on an erroneous evaluation of the strength of the “inherently descriptive” marks at issue. City of New York v. Henriquez, Case No. 23-325 (2d Cir. Apr. 16, 2024) (Livingston, CJ; Walker, Carney, JJ.).

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Federal Circuit Highlights Differences in Statutory and Article III Standing in Patent Cases

IP Watchdog

On May 1, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v. Zebra Technologies Corp. reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing. In so doing, the Federal Circuit found that Article III standing was not extinguished by the plaintiff’s default on a patent security agreement that granted a secured third party the right to assign the patents at issue in the appea

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Mic Drop: Singer-Songwriter Forgoes Public Performance Royalties to Prevent Performances by ‘Cover Band’ Amidst Lawsuit

JD Supra Law

The original frontman of The Guess Who, Burton Cummings, terminated his public performance license agreements in the hope of preventing what he calls a The Guess Who “cover band” from performing the works he penned for the 1970’s band.

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Fed. Circ. Revives Axed Suit Tied To Amazon Patent Program

IP Law 360

The Federal Circuit ruled Thursday that a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state, rejecting a claim that the ruling will "open the floodgates" to such cases.

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The Brisk Evolution of Name, Image and Likeness (NIL) Rights

JD Supra Law

Developments in the world of name, image and likeness (NIL) rights continue to occur at an extremely swift pace. Within the last two weeks, Virginia amended its existing NIL laws to significantly strengthen student-athlete NIL rights, and the NCAA adopted new NIL rules designed to allow schools to support student-athlete NIL endeavors.

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Fed. Circ. Affirms Kirsch Research's Roofing Patent Loss

IP Law 360

The Federal Circuit has backed a decision from the Patent Trial and Appeal Board that tossed all claims in a roofing patent owned by Kirsch Research and Development LLC, agreeing that it shouldn't have received patent protection in the first place.

Patent 59
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Back in the USA: Seventh Circuit Lifts Sanctions, Anti-Suit Injunction Contempt

JD Supra Law

The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the other proceeding in China. Motorola Solutions, Inc. v. Hytera Communications Ltd., Case No. 24-1531 (7th Cir. Apr. 16, 2024) (Hamilton,….

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CAFC Vacates Enhanced Damages Judgment Due to Preclusive Effect of Intervening PTAB Decisions

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today vacating and remanding with instructions to dismiss as moot a district court final judgment that granted enhanced damages for willful infringement to Packet Intelligence LLC. The appeal was brought by NetScout Systems, Inc. against Packet and relates to a co-pending case in which the CAFC today affirmed several decisions of the Patent Trial and Appeal Board (PTAB) holding all challenged claims of four o

Patent 59
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Working Around OSHA’s New Walkaround Rule

JD Supra Law

After May 31, 2024, employees can designate a non-employee to accompany OSHA compliance officers during worksite inspections. OSHA inspectors will determine whether non-employee representatives are “reasonably necessary” to the inspection because of their “relevant knowledge, skills, or experience.”.

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Tillis Doubles Down on Calls for Biden to Scrap March-In Plan

IP Watchdog

Senator Thom Tillis (R-NC) sent a letter yesterday to President Joe Biden again condemning the Administration’s December 2023 proposal to allow agencies to consider pricing in deciding whether and when to “march in” on patent rights. Under the proposed framework, which sources have told IPWatchdog is close to being finalized, an agency may consider “[a]t what price and on what terms has the product utilizing the subject invention been sold or offered for sale in the U.S.” and whether “the contra

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Kattison Avenue | Issue 12 - Spring 2024

JD Supra Law

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office. The event included lively discussions on hot topics such as the rise of generative artificial intelligence (GenAI) and legal trends in retail and sports marketing.

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Federal Circuit Untangles Trademark Dispute

Patently-O

by Dennis Crouch Araujo v. Framboise Holdings Inc., No. 23-1142 (Fed. Cir. Apr. 30, 2024). In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining an opposition proceeding and refusing registration of the standard character mark #TODECACHO for hair combs. Procedural and Substantive: the Federal Circuit held that the TTAB properly allowed Framboise to extend its trial period; and that substantial evidence supported the TTAB’s finding that F

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DexCom, Inc., v. Abbott Diabetes Care, Inc.: Federal Circuit Finds Forum Selection Clause Does Not Bar IPR Proceedings Based on Contract Interpretation

JD Supra Law

In DexCom, Inc., v. Abbott Diabetes Care, Inc., 89 F.4th 1370 (Fed. Cir. 2024), the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial of a preliminary injunction, finding that a patentee could not rely on a forum selection clause found in a settlement between the parties to avoid IPR proceedings.

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Jury Finds MacroAir Infringed Big Ass Fans' Patents

IP Law 360

Following a four-year dispute between a home-cooling outfit called Big Ass Fans and major rival MacroAir Technologies Inc., a California federal jury has found that MacroAir owes just about $665,000 in patent damages as well as an additional amount for false advertising, a total that was well below the over $100 million requested.

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A Lesson in Laches: You Waited Too Long to Start Your Kar

JD Supra Law

After the district court, on remand, held that laches did not bar relief, the US Court of Appeals for the Third Circuit again determined that the district court abused its discretion by not properly applying the presumption in favor of laches and issued an order to vacate and remand with instructions to dismiss a charity’s trademark infringement claims with prejudice.

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Boeing Supplier Sues Texas AG To Block Safety Investigation

IP Law 360

The subsidiary of a company that produces fuselages for Boeing's 737 jets sued on Wednesday to block the Texas attorney general's investigation into apparent manufacturing issues that have caused recent midair emergencies, saying the probe is unconstitutional and violates the company's right to be free from unreasonable searches.

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Clean Up on Aisle PTAB: Clarification of Discretionary Denial Practice

JD Supra Law

The US Patent & Trademark Office (PTO) issued a Notice of Proposed Rulemaking (NPRM) for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial & Appeal Board, seeking to codify existing precedent and guidance regarding the Board’s discretionary considerations in denying IPR or PGR petitions. 89 Fed. Reg. 28693 (Apr. 19,….

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Digital Rights Nonprofit's Bid To Unseal IP Docs Is Too Late

IP Law 360

Electronic Frontier Foundation cannot unseal filings in a chipmaker's patent suit against Charter Communications Inc., a Texas federal judge ruled Thursday, saying the digital rights nonprofit's bid to intervene in the case came too late.

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Cross-Appeals Fail to Strike a Chord

JD Supra Law

In the latest development in the ongoing litigation saga between competitors Sonos and Google, the US Court of Appeals for the Federal Circuit affirmed the US International Trade Commission’s determination that the original accused audio players and controllers infringed the asserted patents while redesigned products did not. Sonos, Inc. v. Int’l Trade Comm’n, Case No. 22-1421 (Fed.

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Feds Call Out Gilead's Efforts To Revise HIV Drug IP Judgment

IP Law 360

The U.S. Department of Justice has asked a Delaware federal judge to reject Gilead Sciences' motion to modify a judgment finding that two medications in its HIV prevention regimen directly infringe voided patents owned by the government, arguing that the pharmaceutical company's attempt to rewrite the judgment is "unnecessary as well as improper.