The IPKat
NOVEMBER 1, 2024
One of the best-known frames of Todd Phillips’s 2019 Joker film starring Joaquin Phoenix is that of Phoenix’s “Joker” inside a lift. Let’s imagine a situation in which the user of a generative Artificial Intelligence (AI) model inputted the following prompt: “Create an image of Joaquin Phoenix Joker movie, 2019, screenshot from a movie, movie scene.
JD Supra Law
NOVEMBER 1, 2024
Popular brands face attacks from all sides, from competitors trying to chip away at market share, to bad actors seeking to profit from counterfeit or knockoff products. However, one lesser-known threat arises when your brand becomes so famous that the trademark becomes synonymous with the product category. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
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TorrentFreak
NOVEMBER 1, 2024
It’s no secret that the Motion Picture Association ( MPA ) has anti-piracy tentacles all over the world. The group, which is backed by Hollywood, Netflix, and Amazon, is actively involved in enforcement and policy efforts in dozens of countries. The MPA’s work mostly takes place behind the scenes, but the results are hard to miss. This includes the Philippine pirate site blocking program, which officially launched in January this year.
JD Supra Law
NOVEMBER 1, 2024
Swiss company Scandit AG created an application called ShelfView, which enables retailers to verify the prices of various products and ensure that associated promotions are correctly updated. The application utilizes barcode scanning, optical character recognition, and augmented reality to analyze a store’s current inventory and make recommendations on any needed adjustments.
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?
IP Law 360
NOVEMBER 1, 2024
A Second Circuit panel on Friday said Ed Sheeran's hit "Thinking Out Loud" did not rip off Marvin Gaye's Motown classic "Let's Get It On," affirming a lower court's summary judgment order that concluded the musical building blocks of Gaye's song were not original enough to be protectable.
JD Supra Law
NOVEMBER 1, 2024
Virtual and in-person attendees at the upcoming ICANN81 Annual General Meeting in Istanbul, Türkiye can look forward to a busy and engaging event from Nov. 9-14.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
NOVEMBER 1, 2024
Phoebe Bridgers. Photo from Raph_PH, CC BY 2.0 <[link] via Wikimedia Commons This case involves three people: Chris Nelson, “a well-established music industry entrepreneur.” Emily Bannon, an alleged former girlfriend and victim of Nelson’s behavior. Phoebe Bridgers (photo on the right), “a singer, songwriter, and guitarist” with a large Instagram audience.
JD Supra Law
NOVEMBER 1, 2024
Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers. With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live music events, businesses are gearing up to create unique and engaging experiences. However, as these businesses expand and innovate, it’s crucial for all brand owners to consider the implications for trademarks in the cannabis industry.
The TTABlog
NOVEMBER 1, 2024
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (VI) oral hearings for the month of November 2024. As indicated below, four of the hearings will be held virtually and two will be in-person at the USPTO's Madison East Building in Alexandria, Virginia. Briefs and other papers for each case may be found at TTABVUE via the links provided.
JD Supra Law
NOVEMBER 1, 2024
The European Patent Office ("EPO") currently requires applicants to adapt descriptions to allowable claims. This practice is risky, expensive, and not clearly grounded in the law.
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.
Patently-O
NOVEMBER 1, 2024
by Dennis Crouch The Federal Circuit today issued two related opinions in long-running patent litigation between Cellspin and various technology companies including Fitbit, Nikon, Nike, and others. The decisions highlight important procedural issues in patent litigation while also addressing the timing requirements for judicial recusal motions. Collectively, they highlight the reality that the outcome of complex civil litigation often turns on procedural issues.
JD Supra Law
NOVEMBER 1, 2024
Case Name: Allergan USA, Inc. v. MSN Labs. Private Ltd., 111 F.4th 1358, 2024 WL 3763599 (Fed. Cir. Aug. 13, 2024) (Circuit Judges Lourie, Dyk, and Reyna presiding; Opinion by Lourie, J.; Opinion concurring-in-part and dissenting-in-part by Dyk, J.) (Appeal from D. Del., Andrews, J.).
IP Law 360
NOVEMBER 1, 2024
Oil and gas fracking services provider Nitro Fluids LLC received approval Friday for a $3.25 million sale of some of its assets to stalking-horse bidder KLX Energy Services LLC.
JD Supra Law
NOVEMBER 1, 2024
Over the past decade, FDA approvals of artificial intelligence and machine learning (AI/ML)–enabled medical devices have surged. They reached a record high of 221 last year, according to data tracing back to 1995.
IP Law 360
NOVEMBER 1, 2024
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach.
JD Supra Law
NOVEMBER 1, 2024
In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches. While not precedent-breaking, these two decisions create a greater possibility that brands engaged in paid search advertising will be able to ward off either a disgruntled, soon-to-be plaintiff or one that has already filed.
IP Law 360
NOVEMBER 1, 2024
A 26-year-old French citizen was spared further incarceration on Friday for a $2.9 million scheme to fraudulently market "Mutant Ape Planet" nonfungible tokens to investors, a sentence in large part driven by the uncertainty over the purchasers' loss.
JD Supra Law
NOVEMBER 1, 2024
In a recent webinar forming part of DLA Piper’s ‘Digital Evolution in conversation with’ series, Technology Transactions and Sourcing partner Lauren Hurcombe caught up with Gareth Stokes and Jeanne Dauzier, DLA Piper’s International Co-Chairs of the AI Practice, to discuss the opportunities and challenges posed by navigating AI from a sourcing perspective.
IP Law 360
NOVEMBER 1, 2024
A D.C. federal judge has freed an Illinois food and beverage holdings company from a Mexican restaurant operator's trademark infringement lawsuit accusing it of distributing canned vodka beverages donning the restaurant's "Surfside" mark, saying the holdings company didn't even have a license to sell alcohol.
JD Supra Law
NOVEMBER 1, 2024
Halloween is a time for goblins, ghouls, and—if you’re an inventor—a whole lot of creative thinking! Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating pumpkins (and, technically, other fruits…but we’re not holding our breath for Halloween coconuts). Meet U.S. Patent 6,855,224, an invention that makes it easy to transfer intricate designs onto pumpkin surfaces.
IP Law 360
NOVEMBER 1, 2024
IBM told U.S. District Judge Rodney Gilstrap on Friday it has reached a settlement in principle with an Oklahoma litigation outfit that won a $19.5 million patent verdict from a federal jury in Marshall back in September.
JD Supra Law
NOVEMBER 1, 2024
Copyright law protects creative works that are “fixed in any tangible medium of expression”—but it is hard to imagine that the drafters of this language envisioned that the human body would become such a popular medium of expression.
IP Law 360
NOVEMBER 1, 2024
Information technology firm Unisys Corp. has agreed to settle claims that two former executives swiped confidential information and trade secrets before departing to work for a competitor.
JD Supra Law
NOVEMBER 1, 2024
It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal references used both for prior art and for demonstrating the knowledge of a POSITA will have been made public before the effective filing date of the patent in question.
IP Law 360
NOVEMBER 1, 2024
A federal judge has refused to give Akoustis Technologies Inc. another trial after jurors earlier this year told it to pay wireless company Qorvo Inc. nearly $38.6 million for trade secrets and infringing misappropriating acoustic wave resonator patents.
JD Supra Law
NOVEMBER 1, 2024
UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024) - On October 18, 2024, the United States Court of Appeals for the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), ruling that a district court may engage in claim construction when determining a motion to dismiss.
IP Law 360
NOVEMBER 1, 2024
Fitbit and others defeated a pair of appeals on Friday in patent litigation over ideas involving programming automatic social media posts, with the Federal Circuit ruling to reject arguments that a California federal judge should have decided patent suits differently and should have recused herself anyway because of her husband's ties to Fitbit parent Google.
JD Supra Law
NOVEMBER 1, 2024
Imagine your company is suddenly inundated with dozens of baseless patent infringement lawsuits. This scenario is becoming all too common as corporate America grapples with a post-COVID surge in frivolous patent claims, driven by patent trolls. The rise of these opportunistic lawsuits once again begs the question: how should we address the ongoing patent troll problem?
IP Law 360
NOVEMBER 1, 2024
An aerospace company's ex-president, who alleged defamation and unlawful termination in counterclaims against his former employer in a lawsuit accusing him of stealing its trade secrets to launch a rival business, saw all his claims get dismissed Friday in New Jersey federal court.
JD Supra Law
NOVEMBER 1, 2024
Recently, the Trademark Trial and Appeal Board (the “TTAB”) affirmed the decision to cancel Registration Nos. 5,376,467 and 5,376,466, for the marks SMARTLOCK and SMARTLOCK with design (the “Smartlock Marks”), in the name of Locus Link USA.
IP Law 360
NOVEMBER 1, 2024
A federal judge in Del Rio, Texas, agreed Friday to pass along a patent lawsuit to the crowded docket of fellow Western District of Texas U.S. District Judge Alan Albright, despite objections from Qualcomm Inc. that doing so went against the purpose behind efforts to limit the Waco judge's vast and controversial patent docket.
Likelihood of Confusion
NOVEMBER 1, 2024
Originally posted 2007-07-27 11:18:40. Republished by Blog Post PromoterWelcome to Beauty Marks, a new blog about trademarks and branding, by Jessica Stone Levy. (Hat tip to Mike.) The more the merrier, right? Of course right. The post Beauty Marks appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
NOVEMBER 1, 2024
Hip-hop producer Madlib has filed suit in California state court alleging his longtime business manager has engaged in "rank self-dealing" and is now holding the artist's music and intellectual property rights hostage.
JD Supra Law
NOVEMBER 1, 2024
The rapid advancement of artificial intelligence has created unprecedented opportunities for innovation, but securing patent protection for AI-related inventions remains challenging under current U.S. patent law.
IP Law 360
NOVEMBER 1, 2024
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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