Plagiarism Today
DECEMBER 2, 2024
Figure skating, gymnastics, artistic swimming, cheerleading and other choreography sports are facing a new challenge: Copyright The post Why Figure Skating, Gymnastics Face Unique Copyright Issues appeared first on Plagiarism Today.
Likelihood of Confusion
DECEMBER 2, 2024
Originally posted 2020-08-27 12:30:53. Republished by Blog Post Promoter Student note idea, free to a good home: Why did Congress pass this? Is there any reason Congress has the power to do this? What about changes to the law of personal jurisdiction since this was passed? I have so many questions. [link] — Sarah Burstein […] The post The IP space appeared first on LIKELIHOOD OF CONFUSION™.
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JD Supra Law
DECEMBER 2, 2024
On November 14, 2024, the European Commission published the first draft of the General-Purpose AI Code of Practice (the Draft Code). The Draft Code is designed to help providers of general-purpose AI models (GPAI) and providers of GPAI with systemic risk comply with the EU AI Act.
IP Watchdog
DECEMBER 2, 2024
Trademark rights flow from use. Continued use of a trademark keeps the trademark alive and makes the trademark right stronger. As per the Lanham Act, suspension of use for a consecutive three years may create a rebuttable presumption of abandonment. In the below case, we will analyze the nuances of trademark abandonment from nonuse.
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?
JD Supra Law
DECEMBER 2, 2024
In a landmark decision (UPC_CFI_15/2023) delivered on November 15, 2024, the Unified Patent Court's Local Division in Munich (UPC, LDM) ruled in favor of Edwards Lifesciences Corporation in a patent infringement case against Meril GmbH and Meril Life Sciences Pvt Ltd.
IP Watchdog
DECEMBER 2, 2024
At the core of Due Process and basic justice is the undeniable right to be heard by an impartial adjudicator on the charges brought against you. That includes the right to present witnesses and evidence in your defense and to cross-examine the witnesses against you. Neither has been afforded to Judge Pauline Newman. Instead, allegations by the U.S. Court of Appeals for the Federal Circuit (CAFC) chief judge, and certain staffers who report to the chief judge, are assumed to be both accurate and
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
DECEMBER 2, 2024
The Standing Committee on Canadian Heritage has for the past month been conducting a study on protecting freedom of expression. The counters of the study aren’t entirely clear. In fact, after I was invited to appear, I asked for some sense of what the committee was looking to address. There wasn’t much detail, which has really left it open for witnesses to cover whatever issues they like.
JD Supra Law
DECEMBER 2, 2024
In a November 12, 2024, decision, the Court of Appeal ("CoA") of the Unified Patent Court ("UPC") has clarified under which circumstances a European patent that has been opted out and has been the subject of legal proceedings before a national court can later be asserted before the UPC.
TorrentFreak
DECEMBER 2, 2024
Pirates who are into Asian drama and anime were hit hard over the past week. On Wednesday, Dramacool announced that it would shut down its Asianc, Watchasia, Dramanice and Runasian websites, facing pressure from copyright holders. These sites catered to millions of users, as is exemplified by the shutdown message on X, which has been viewed more than five million times already.
JD Supra Law
DECEMBER 2, 2024
Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against Vintage Brand for trademark infringement. The case centered on the question of whether Vintage Brand’s use of Penn State’s historic logos and school images on apparel and other merchandise constituted trademark infringement, or if such use was “ornamental.”.
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.
The IPKat
DECEMBER 2, 2024
If you missed The IPKat last week, then join this Kat in keeping up with the latest IP news. Trade marks and GIs Alessandro Cerri reported on a recent decision of the Fifth Board of Appeal of the EU Intellectual Property Office concerning the likelihood of confusion between two pictures of elderly men's faces. The Board’s decision included the assessment of Article 8(1)(b) EUTMR and Article 8(5) EUTMR.
JD Supra Law
DECEMBER 2, 2024
After filing a new drug submission for its ustekinumab biosimilar PYZCHIVA (Janssen’s STELARA), Samsung commenced the underlying action against Janssen for impeachment of Canadian Patent No. 3,113,837. Janssen sought to add a counterclaim for infringement after Samsung received a notice of compliance (NOC) for PYZCHIVA.
IP Watchdog
DECEMBER 2, 2024
The U.S. Court of Appeals for the Federal Circuit on Monday, December 2, issued a ruling in Koninklijke KPN N.V. v. Vidal affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of several patent claims to technologies for managing access to telecommunications networks. In so ruling, the Federal Circuit held that KPN’s plausible alternative understanding of a prior art reference did not require a finding that the PTAB’s obviousness ruling was unsupported by substantial evidence.
JD Supra Law
DECEMBER 2, 2024
Patent Examiners rely upon the Manual of Patent Examination Procedure (MPEP) to instruct application of the law to the most common patent prosecution situations. The MPEP’s forward refers to itself as a “guidance document” and makes clear that “the manual does not have the force and effect of law or the force of the rules in Title 37 of the Code of Federal Regulation, and are not meant to bind the public in any way.”.
43(B)log
DECEMBER 2, 2024
Spotlight Ticket Management, Inc. v. Concierge Live LLC, No. 2:24-cv-00859-WLH-SSC, 2024 WL 4866813 (C.D. Cal. Aug. 30, 2024) Spotlight provides ticket and event management enterprise solutions. It entered into an exclusive agreement with Ticketmaster, a ticket sales and distribution company, giving it “the exclusive right to directly integrate its technology with Ticketmaster’s software and systems platform.
JD Supra Law
DECEMBER 2, 2024
A district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the designs at issue, and thus could assist the factfinder in determining design patent infringement under the ordinary observer test.
IP Law 360
DECEMBER 2, 2024
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
JD Supra Law
DECEMBER 2, 2024
The principle of “corporate separateness” – the idea that corporations are separate juridical entities and that stock ownership generally “will not create liability beyond the assets of the [corporation]” – is “deeply ‘ingrained in our economic and legal systems.’”.
IP Law 360
DECEMBER 2, 2024
An independent filmmaker and his company have launched a suit in Ohio federal court seeking a declaration that they never infringed any copyright owned by a nonprofit while making a documentary about the 1983 U.S. Marine barracks bombings in Beirut.
JD Supra Law
DECEMBER 2, 2024
On November 18, 2024, Samsung Bioepis announced that the European Commission (EC) has approved its aflibercept biosimilar, OPUVIZ. .
IP Law 360
DECEMBER 2, 2024
An influencer hasn't backed up her claims that she's "unique" and "special" in her case accusing a competitor of copying her social media aesthetic, the rival told a Texas federal court, asking it to reject a magistrate judge's recommendations to keep much of the case alive.
Nelligan Law
DECEMBER 2, 2024
Reading Time: 3 minutes Ah, the holidays—a time for festive cheer, indulgent treats, and, apparently, black-market cannabis edibles cleverly disguised as childhood favorites. While we’re all for stocking stuffers that surprise and delight, the RCMP’s recent seizure of thousands of illicit edibles in B.C. has unwrapped a whole new kind of “holiday surprise.
IP Law 360
DECEMBER 2, 2024
A ruling from the U.S. Patent and Trademark Office director changing the meaning of a claim in a video game patent was enough for the agency's administrative board to now move forward with a challenge over patented software cited in a Texas lawsuit lodged against mobile game developer Playrix.
SpicyIP
DECEMBER 2, 2024
Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. This and a lot more in this week’s SpicyIP Weekly Review.
IP Law 360
DECEMBER 2, 2024
A Maryland federal judge said Monday that a drug company is, yet again, failing to make "good faith substantial compliance" with the terms of an injunction that followed a $15 million jury verdict in a dispute over a proprietary probiotic formula.
The TTABlog
DECEMBER 2, 2024
Despite the applicants' energetic efforts, the Board upheld a Section 2(d) refusal of JERSEY GIRL WHISKEY for "distilled spirits" [WHISKEY disclaimed], finding confusion likely with the registered mark JERSEY GIRL for "wines" and the word-and-design mark shown below (in both color and black-and-white versions), for various beer products [BREWING CO. and ESTD 2014 disclaimed].
IP Law 360
DECEMBER 2, 2024
The Federal Circuit probed R.J. Reynolds' challenge to a $95 million damages award against it for infringing Philip Morris' vape patents, questioning Monday the company's argument that the amount was not supported by the evidence.
Patently-O
DECEMBER 2, 2024
by Dennis Crouch Daedalus's labyrinth was so complex that even its creator needed Ariadne's thread to find his way out. I would suggest that the pathways through USPTO patent prosecution are at least as intricate and manifold. While prosecution statistics reveal some common routes through the maze—each application charts its own course through a complex network of non-final rejections, final rejections, RCEs, and after-final practice.
IP Law 360
DECEMBER 2, 2024
Federal Circuit judges decided Monday to keep intact three patent board decisions that had knocked out claims in a patent issued to Dutch mobile telecom developer Koninklijke KPN NV that covered a way of regulating access to a telecommunications network.
The IPKat
DECEMBER 2, 2024
Slogans are a popular marketing tool. They transport messages clearly and succinctly and can be memorized easily. The same is true for political slogans. In a recent judgment , the General Court found that a political slogan closely related to the Russian invasion in Ukraine lacked distinctiveness. Background On 16 March 2022, the predecessor-in-title to the Administration of the State Border Guard Service of Ukraine applied for registration of the following figurative EU trade mark for goods an
IP Law 360
DECEMBER 2, 2024
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.
CoCal IP Law Institute
DECEMBER 2, 2024
Please join us Monday, December 2, 2024 where we will discuss several ethics topics, including: Signature Requirements and Negative Consequences for Non-Compliance in both Patent and Trademark contexts. Disbarred Attorney Continues to Practice See slide deck Guy Cumberbatch, of counsel to SoCalIP, will lead the discussion.
IP Law 360
DECEMBER 2, 2024
Nvidia and Microsoft have traded barbs with a startup over its bid to put a 2025 trial on the calendar in its patent infringement and antitrust suit against them, telling a Texas federal court that the startup is trying to "barrel through the case" and eliciting accusations that they're playing a delay game.
The Trichordist
DECEMBER 2, 2024
Bytedance is trading 7x off of Facebook’s market value–which is correct?
IP Law 360
DECEMBER 2, 2024
The producer of the Miss America pageant and its related entities have filed a $500 million racketeering suit in Florida accusing developer Glenn Straub of fraudulently pushing the organization into bankruptcy in an effort to take over its assets.
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