Fri.Nov 22, 2024

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25 Trademark Renewal Tips

Erik K Pelton

Erik shares important things to know when it comes to renewing a trademark registration in this episode. The post 25 Trademark Renewal Tips appeared first on Erik M Pelton & Associates, PLLC. Erik shares important things to know when it comes to renewing a trademark registration in this episode.

Trademark 130
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Can Xockets Enjoin NVIDIA and Microsoft Post eBay?

IP Watchdog

Xockets, Inc. recently filed a complaint in the Western District of Texas against NVIDIA Corporation (“NVIDIA”), Microsoft Corporation (“Microsoft”) and RPX Corporation (“RPX”) (collectively, “Defendants”) for alleged patent infringement and violation of federal antitrust laws. As is often the case in patent cases, Xockets seeks an injunction in addition to monetary damages.

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Real-Debrid Implements Extreme Anti-Piracy Filters to Appease Film Companies

TorrentFreak

Real-Debrid is nifty tool that provides access to premium and unrestricted downloads from a variety of file hosting and torrent websites. The popular download service operates as a middleman to access file-hosting platforms, for example, and also uses cached content to stream content from torrent sites instantly. These features appear to be quite appealing to pirates.

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VRBO owners, does your welcome book and terms include a DO NOT TORRENT warning?

JD Supra Law

Strike 3 Holdings is an adult pornography company located in California that has literally filed over 10,000 federal court copyright infringement cases across the United States for nearly a decade now. No company files more lawsuits (to my knowledge) than this company does.

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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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Jury Awards Netlist $118M In Patent Case Against Samsung

IP Law 360

A Texas federal jury on Friday said computer memory company Netlist Inc. should get $118 million after finding that South Korean electronics giant Samsung infringed a trio of computer memory module patents.

Patent 52
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Analysis of legal issues related to “cracking behavior”

JD Supra Law

In the era of digital economy, the blooming of digital products has led to the widespread implementation of technical measures to protect these products from unauthorized use. Rights holders frequently employ these measures to safeguard their digital products, such as software applications, digital games, and multimedia content. However, many infringers use illegal means to “crack” these protective measures, even manufacture and distribute tools designed to “crack” them for personal gains.

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More Trending

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Ventures in Venue: Selecting the Proper Patent Venue

JD Supra Law

Amongst the many decisions an attorney makes throughout litigation, there is one choice that can shape the outcome of a case way before filing a motion, setting discovery and trial strategy, or even calling a witness: venue, where the case will be adjudicated. The governing statute limits patent venue to (i) the judicial district in which the defendant resides; or (ii) where the defendant has “committed acts of infringement and has a regular and established place of business.”.

Patent 68
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Hemp Cos. Owner Seek Toss Of Cousin's TM Dispute

IP Law 360

A Miami-based delta-8 THC products manufacturer is looking to toss an infringement lawsuit filed by a former business partner, telling a Florida federal judge that the suit appears to be a patent fight and therefore belongs in trademark court.

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Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

JD Supra Law

The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging all claims of U.S. Pat. No. 11,443,329. Media LLC v. Rich Media Club LLC, IPR2023-00953, Paper 74 (PTAB Aug. 19, 2024). Specifically, the PTAB found that Petitioner could not submit a second declaration by its expert to address a claim limitation that Petitioner wrongly.

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GeigTech Gets $2.67M In Window Shade Patent Retrial

IP Law 360

A federal jury in New York has found in a retrial that lighting fixture company Lutron Electronics should have to pony up $2.67 million for infringing a company's window shade patent.

Patent 52
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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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[Video] The Briefing: Based on a (NOT) True Story – The Baby Reindeer Defamation Case

JD Supra Law

Did Netflix push the boundaries of “based on a true story”? Scott Hervey and Jamie Lincenberg discuss Harvey v. Netflix, the risks of docudramas, and explain how truth and fiction collide in this high-stakes lawsuit on this episode of The Briefing.

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DLA Piper Adds China-Focused Patent Attorney In Seattle

IP Law 360

DLA Piper announced the addition of an experienced patent attorney, who most recently co-led Morgan Lewis & Bockius LLP's China intellectual property practice, as a partner based out of Seattle.

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[Audio] (Podcast) The Briefing: Based on a (NOT) True Story – The Baby Reindeer Defamation Case

JD Supra Law

Did Netflix push the boundaries of “based on a true story”? Scott Hervey and Jamie Lincenberg discuss Harvey v. Netflix, the risks of docudramas, and explain how truth and fiction collide in this high-stakes lawsuit on this episode of The Briefing.

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Fed. Circ. Won't Rethink Toppling Tire Verdict

IP Law 360

The Federal Circuit has declined to rethink a ruling last month that upended what was once a multimillion-dollar jury verdict in a decadelong tire design dispute, rejecting the argument that the judges "overlooked and misapprehended Illinois law" on the matter of "litigation privilege.

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Second Circuit Sees Eye to Eye With Warby Parker in Trademark Google Ads Dispute

JD Supra Law

While it has become common practice to bid on or purchase a competitor’s trademark to use as a search engine keyword, there remains some confusion about when such practices create liability for trademark infringement.

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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

IP Law 360

As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

Patent 52
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AI Usage by USPTO Employees

JD Supra Law

Last year, as reported in a memo recently obtained by WIRED, the United States Patent and Trademark Office (USPTO) issued internal guidance that its examiners and other employees cannot use generative artificial intelligence (AI) for any purpose.

Privacy 62
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Federal Circuit Backs Philip Morris' Electronic Pipe IP Win

IP Law 360

The Federal Circuit on Friday refused to revive claims in an electronic pipe patent that was challenged by Philip Morris, backing a Patent Trial and Appeal Board finding that language in the patent could be found in older patent paperwork.

IP 52
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USPTO Announces Significant Changes in Fees for 2025

JD Supra Law

The United States Patent and Trademark Office (USPTO) has announced significant changes to the patent fee schedule which will take effect on January 19, 2025. The changes include new or significant increases to several targeted fees, a 10% increase to all filing fees, and an approximately 7.5% increase to all other patent fees not covered by those targeted adjustments.

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Norfolk Southern Says Artist's Timeline Doesn't Add Up

IP Law 360

Norfolk Southern said Thursday it should still get an early win over an artist who sued the company for allegedly covering over murals on a railroad bridge, even after a federal magistrate found the sham affidavit doctrine didn't apply when the artist changed his story during depositions spanning two lawsuits.

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USPTO to Increase Patent Fees January 19, 2025

JD Supra Law

Effective January 19, 2025, the U.S. Patent and Trademark Office (USPTO) will increase patent fees and even create some new ones. A Final Rule, issued Nov. 20, instituted a 7.5% across-the-board increase with new utility applications increasing by about 10%. In addition, the USPTO included certain "targeted adjustments" for fees that will increase by significantly greater percentages, including some new fees that have never been charged before.

Patent 62
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Sports Website Sued For Using Photographer's NBA Star Pic

IP Law 360

A photography business is accusing a sports content website of using its picture of New York Knicks star Jalen Brunson without permission, saying the website infringed copyrights in a complaint filed in New York federal court Friday.

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Jury Sides with Penn State in Vintage Trademark Case

JD Supra Law

A jury determined Tuesday, November 20, that Vintage Brands willfully violated Penn State University's trademarks by selling merchandise featuring vintage Penn State logos. The jury also rejected Vintage Brands’ affirmative defenses and counterclaims against Penn State.

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Microsoft Dismissed From Intercept's IP Suit, OpenAI Remains

IP Law 360

A Manhattan federal judge dealt a huge blow to The Intercept's complaint accusing Microsoft and OpenAI of removing author and copyright information from works used to train ChatGPT, dismissing all claims against Microsoft and leaving only one claim against OpenAI alive.

IP 52
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Get Your Wallets Ready – The Price of Patents Are Going Up!

JD Supra Law

Attention, inventors, in-house counsel, and anyone with a vested interest in the world of intellectual property: the USPTO just issued its final rule for patent fees. This is a follow-up to the 2023 proposal—but with a slightly softer landing.

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Miley Says Claims That 'Flowers' Copied Bruno Mars Are DOA

IP Law 360

Miley Cyrus has asked for the dismissal of a complaint from a music investment company that alleges she ripped off Bruno Mars' "When I Was Your Man" to create her hit "Flowers," arguing the plaintiffs lack standing because they do not own exclusive copyright rights to Mars' song.

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Other Barks & Bites for Friday, November 22: USPTO Bans Employees from Using Generative AI for Work Purposes; WIPO Member States Adopt New Design Law Treaty; DOJ Proposes Google Must Sell Chrome

IP Watchdog

This week in Other Barks & Bites: the U.S. Department of Justice (DOJ) plans to ask a judge to force Google to sell Chrome in an ongoing legal case accusing Google of monopolistic practices; WIPO member states adopt the Riyadh Design Law Treaty; and the U.S. Court of Appeals for the Federal Circuit (CAFC) grants Twitter’s motion to dismiss a preliminary injunction in a patent infringement case.

Design 52
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Squire Patton Lawyer Dies In Laos Amid Poisoning Reports

IP Law 360

A junior lawyer at Squire Patton Boggs LLP has died in Laos, the law firm confirmed Friday, amid reports in the media that she was the victim of a suspected mass poisoning incident.

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Atlas Van Lines Moves to Protect Its Brand in Trademark Infringement Lawsuit

Indiana Intellectual Property Law

AWGI, LLC and Atlas Van Lines, Inc. (“Plaintiffs”) have filed a lawsuit against Atlas Mover Group LLC (“AMG”) and United Best Moving LLC (“UBM”) (“Defendants”) for trademark infringement and unfair competition. Plaintiffs claim that Defendants are unlawfully using the “Atlas” mark, which is associated with decades of goodwill and recognition in the moving and storage industry.

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Circus Arts Make Me A Better Lawyer

IP Law 360

Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

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New brew for Starbucks and trademark?

Likelihood of Confusion

Originally posted 2015-07-20 14:36:07. Republished by Blog Post PromoterI’ve written so much, for so long, about the branding and trademark adventures — overwhelmingly unhappy ones — of Starbucks that I’ve pretty much run out of ways of starting blog posts such as this one. (See what I did there? — Ed.) Maybe that (not my […] The post New brew for Starbucks and trademark?

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners.

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Selected Quotes from Keynote Presentation by DiMA CEO Graham Davies, Nov. 20 4th Annual @ArtistRights Symposium at @AmericanU’s @KogodBIZ

The Trichordist

Excepts from Graham Davies keynote address at today's 4th Annual Artist Rights Symposium at American University's Kogod School of Business presented by the Artist Rights Institute

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New Design Patent Treaty Comes Out Of Riyadh

IP Law 360

Delegates from the world's major intellectual property groups signed a treaty Friday that would, if approved, establish new rules to facilitate the filing of design patents.

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TTAB Affirms Refusal of ENDURELITE in view of ENDUROLETE for Supplements, Rejecting Strategic Partners Argument

The TTABlog

The Board affirmed a refusal to register the mark ENDURELITE , finding confusion likely with the registered mark ENDUROLETE , both for dietary and nutritional supplements. The marks are "extremely similar," the goods identical in-part, and the channels of trade and classes of consumers for those goods are presumably identical. Applicant argued that, under Strategic Partners , its ownership of a registration for the mark ENDURELITE FUELING FAST & Design (shown immediately below) justifies reg