Plagiarism Today
JUNE 10, 2024
Google sued by publishers over pirate ads, a news website sued by a photographer and Content ID handled a billion claims in 6 months. The post 3 Count: Pirate Advertising appeared first on Plagiarism Today.
Hugh Stephens Blog
JUNE 10, 2024
Image: Shutterstock (with AI assist) Google, the “indispensable” search engine relied on by millions for accurate and reliable search, has done it again, stepping smack into the pile of steaming excrement waiting for it in the middle of the road.
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Plagiarism Today
JUNE 10, 2024
Maris Kreizman at Literary Hub has a simple idea: Add credit pages to books. Here's why it's an idea whose time has come. The post Why We Should Add Credit Pages to Books appeared first on Plagiarism Today.
Erik K Pelton
JUNE 10, 2024
I recently sat down with Alt Legal to make a short video about the history of TESS and the transition to the newer search system from the USPTO: For more, see [link]. The post Why does the USPTO have a new trademark search system appeared first on Erik M Pelton & Associates, PLLC.
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
JUNE 10, 2024
Efforts by Amazon to dislodge a $525 million jury verdict are too late and amount to sour grapes, a small Chicago software company that won the amount has told an Illinois federal court.
TorrentFreak
JUNE 10, 2024
More than a decade ago, decryption licensing outfit AACS began to crack down on DVD and Blu-Ray ripping software. Founded by Disney, Warner Bros, Intel, and Microsoft, among others , the licensing outfit put legal pressure on the makers of AnyDVD and DVDFab, which were the key players at the time. AACS eventually booked a legal victory against DVDFab in a US court, but that did little to stop the operation.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
JUNE 10, 2024
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. The U.S. Department of Justice and the Federal Trade Commission (FTC) are planning to open antitrust investigations into AI-related business practices of NVIDIA, Microsoft and OpenAI, according to a report from POLITICO. The Justice Department will focus on NVIDIA’s dominance of the AI processor market, while the FTC will focus on whether Microsoft and OpenAI have an.
IP Law 360
JUNE 10, 2024
The U.S. Supreme Court on Monday declined to review a Seventh Circuit finding that Grubhub Inc.'s fork-and-knife logo does not infringe a similar emblem used by Kroger's meal-kit delivery service Home Chef.
TorrentFreak
JUNE 10, 2024
After years of criticism from rightsholders, punctuated by incremental but significant adjustments to limit the appearance of pirated content in search results, Google is no longer continuously painted as siding with the enemy. Of course, Google has always argued it never did. The company’s search engine acts as an indexer of content, content placed on the internet by others, Google reminded frustrated rightsholders.
JD Supra Law
JUNE 10, 2024
Aretha Franklin, the legendary Queen of Soul, passed away on August 16, 2018 from pancreatic cancer at the age of 76 in Detroit, Michigan. She left a legacy marked by her incomparable music and talent, and a $6 million estate comprising real estate, cash, gold records, furs and her music copyrights.
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 TTABlog
JUNE 10, 2024
In an attempt to side-step a Section 2(d) refusal of the mark shown below, for "gin," Petitioner Iron Balls International petitioned to restrict Respondent Bull Creek's registration for the mark IRON BALLS for "beer" to "“micro-brewed craft beer." The Board concluded that the proposed restriction would not avoid a likelihood of confusion, and so it denied the petition.
JD Supra Law
JUNE 10, 2024
Last week, Sun Patent Trust sued Xiaomi in France for infringement of patents claimed to be essential to the LTE-Advanced standard. In its suit, Sun Patent Trust asked French courts to set a global FRAND rate—something that has never occurred before. In the event this case advances to a final decision, it will have a significant impact on standard essential patent (SEP) practitioners.
IP and Legal Filings
JUNE 10, 2024
Introduction When Parle Agro (an offshoot of Parle Products, an Indian multinational food and beverage processing industry, headquartered in Mumbai) launched its product “B-Fizz” on 15 th October 2020 [1] , little did it know that is going to disrupt the world of Intellectual Property instead of the beverage industry in India.
Patently-O
JUNE 10, 2024
by Dennis Crouch In April 2024, the Supreme Court granted certiorari in the consolidated cases of Bufkin v. McDonough and Thornton v. McDonough , two veterans’ benefits cases on appeal from the Court of Appeals for the Federal Circuit. The cases involve the “benefit-of-the-doubt” rule, a longstanding principle that is codified in veterans law that requires the VA to resolve close or unclear issues in a veteran’s favor when adjudicating benefits claims. [ SCT Docket ] Both Bufki
43(B)log
JUNE 10, 2024
Zesty Paws LLC v. Nutramax Labs., Inc., No. 23 Civ. 10849 (LGS), 2024 WL 2853622 (S.D.N.Y. Jun. 4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. Nutramax and Zesty Paws are direct competitors in the pet supplement market.
JD Supra Law
JUNE 10, 2024
Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related to those of the owner can confuse consumers into believing the respective products emanate from the same source or are otherwise related.
Michael Geist
JUNE 10, 2024
Last week, the CRTC released its much-anticipated Bill C-11 ruling on the initial mandated contributions from Internet streaming services. While the government focused on the requirement to contribute 5% of Canadian revenues, a closer look revealed the CRTC largely ignored industry data and the actual contributions from Internet streaming services and seemed entirely unconcerned by the effects on competition and consumer costs.
JD Supra Law
JUNE 10, 2024
Companies preparing to launch a new product should address “freedom to operate” (“FTO”) issues to minimize the risk of an infringement dispute with a patent holder in the relevant field. Companies may also find themselves in patent litigation as either a plaintiff or defendant. A legally-preferred FTO position and litigation defense is that there is no infringement.
The IPKat
JUNE 10, 2024
The deadline for submissions to the openings for GuestKats and InternKat positions (as announced here ) is approaching. Apply now! Those interested must submit their complete applications no later than Friday, 14 June (midnight GMT). Complete applications must contain CV details, interest in IPKat, and a 400-word writing sample (or a link to an existing piece in the case of a GuestKat application).
JD Supra Law
JUNE 10, 2024
While a complainant does not need to have constitutional standing to bring a complaint in the International Trade Commission (ITC), at least one complainant must be the owner or exclusive licensee of the underlying asserted patent, similar to the statutory standing requirement.
The IPKat
JUNE 10, 2024
Last month, I had the opportunity and privilege to speak at the EUIPO Case Law Conference 2024 and present the challenges of trademark modernization, under the heading “Reconciling the Old with the New: Challenges of Trade Mark Modernization” [see IPKat here ]. In this post, I would like to discuss the main conclusion that I reached after reviewing case law of the EUIPO issued over the period 2022 – 2023.
JD Supra Law
JUNE 10, 2024
On May 14, 2024, the United States Trade Representative (USTR) released its Final Report relating to the four-year review of actions taken in the Section 301 investigation. Within the Report, the USTR confirmed that it intends to take actions to raise tariffs on specific products as a result of the comprehensive review. In general, the USTR’s review determined that China has not eliminated technology transfer actions that imposed a burden on U.S. commerce.
The IPKat
JUNE 10, 2024
The decision from the USPTO Appeals Review Panel (ARP) in Ex parte Chamberlain , Appeal No. 2022-001944 reaches a remarkable conclusion on written description for a broad functional antibody claim. The ARP found that claim language defining an antibody as means-plus-function, specifically "means for binding a target", was neither indefinite or lacking in written description.
JD Supra Law
JUNE 10, 2024
This webinar explores issues in Artificial Intelligence compliance. It delves into the differences between publicly-available and licensed AI Tools, provides insights into the top ten business and legal risks of using AI tools, and offers a playbook for implementing AI in your organization. Presenters include Whiteford Intellectual Property & Technology Partner Keith Moulsdale, WCA Technologies President Peter Fidler and Partnership to End Addiction CIO Timothy Su.
The IPKat
JUNE 10, 2024
If you've been too busy enjoying the warmer weather, here's the summary of the IP news you missed this week: Trade Marks and GIs A Kat enjoying the outdoors. Image from Pixabay. Anna Maria Stein discussed the recent ruling from the Italian Supreme Court in which the owners of the protected geographical indication (GI) "Aceto Balsamico di Modena" (Balsamic Vinegar of Modena) unsuccessfully sought an injunction against another vinegar producer.
JD Supra Law
JUNE 10, 2024
The United States Court of Appeals for the Eight Circuit, applying Minnesota law, has held that a media liability insurer had a duty to defend a reseller of computer networking products against a trademark infringement lawsuit alleging infringement both before and after the policy’s retroactive date.
IP Law 360
JUNE 10, 2024
Perkins Coie has hired a longtime patent attorney in Washington, D.C., who joins the firm's intellectual property and patent litigation practices from Arnold & Porter Kaye Scholer LLP, the firm announced Monday.
JD Supra Law
JUNE 10, 2024
On May 20, the Federal Circuit held fees incurred in voluntary parallel IPR proceedings were not recoverable under 35 U.S.C. § 285. Dragon Intell. Prop. LLC v. DISH Network L.L.C., No. 2022-1621, slip op. at 8 (Fed. Cir. May 20, 2024). The decision affirmed the district court’s grant-in-part and denial-in-part of attorneys’ fees following a decade long dispute between Dragon Intellectual Property LLC (Dragon) and defendants DISH Network L.L.C.
43(B)log
JUNE 10, 2024
Prescott v. Abbott Laboratories, F.Supp.3d -, 2024 WL 2843092, No. 23-cv-04348-PCP (N.D. Cal. Jun. 5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. Plaintiffs alleged that because the products contain sucralose and other additives, the products don’t provide the promised health benefits.
IP Law 360
JUNE 10, 2024
A New Jersey federal judge said Monday that a handful of patents covering Teva-brand asthma inhalers were "improperly listed in the Orange Book," a legal holding that U.S. Federal Trade Commission Chair Lina Khan quickly took some credit for.
Traverse Legal Blog
JUNE 10, 2024
Data privacy and security have become critical concerns in the rapidly evolving landscape of artificial intelligence (AI). For AI tool developers and businesses using these tools, understanding and adhering to data protection laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) is essential. This article explores the importance of AI data privacy compliance, offers strategies for maintaining data security in AI, and provides guidance on selecting
IP Law 360
JUNE 10, 2024
Microsoft has urged a Delaware federal judge to toss a $242 million jury verdict that found Microsoft's virtual assistant Cortana infringed a patent originally issued to a company that developed Apple's Siri software, arguing infringement wasn't proven and the "grossly inflated" award should at least be cut to $1.95 million.
Likelihood of Confusion
JUNE 10, 2024
Dish Network v. Siddiqi: A Rare Case of Vicarious Trademark Infringement Vicarious trademark infringement cases such as the recently decided Dish Network v. Siddiqi are much less common than the contributory liability variety. Courts frequently reject vicarious trademark infringement claims because the plaintiffs fail to plead and prove them. The vicarious liability standard, whether based on joint-tortfeasor theory […] The post A Man, a Plan, a Telemarketing Scam appeared first on LIKELIH
IP Law 360
JUNE 10, 2024
The former publisher of Sports Illustrated has filed a countersuit alleging that the magazine's owner, Authentic Brands Group, made it impossible to run the magazine and then conspired to install a competitor as the new publisher.
JD Supra Law
JUNE 10, 2024
As an essential component of the drug development process, human clinical trials assist in determining whether a given drug will serve its intended purpose, but patent applicants should consider disclosure of such trials in their overall patent strategy. Disclosure of a protocol summary of the human clinical trial to the National Institutes of Health (“NIH”) is federally mandated.
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