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The following is an edited transcript of my video 25 Key Trademark Terms. Here are twenty-five terms that are critical to know about in the world of trademark and trademark protection and registration. Generic Arbitrary Coined Descriptive Suggestive Office action Principal register Supplemental register USPTO Function Madrid Protocol International filing World Intellectual Property Organization (WIPO) Class or classification Identification of goods and services Acquired distinctiveness Ornamenta
Over the past two years, rightsholders of all kinds have filed lawsuits against companies that develop AI models. Most of these cases allege that AI developers used copyrighted works to train LLMs without first obtaining authorization. Meta is among a long list of companies now being sued for this allegedly-infringing activity, including a class action lawsuit filed by authors Richard Kadrey, Sarah Silverman, and Christopher Golden.
Originally posted 2013-08-15 15:06:08. Republished by Blog Post PromoterI’m back. The blog was offline for the better part of this week because of technical problems — the accumulated effects of database stuff, scars from old hacks and, it seems, wounds from new ones — and, of course, the evil wishes of my many and diverse […] The post Oy, my aching blog appeared first on LIKELIHOOD OF CONFUSION.
Artificial intelligence (AI) is transforming the medical technology (medtech) and healthcare industries through the integration of advanced AI agents. Unlike traditional AI systems that perform discrete, predefined tasks, AI agents are semi-autonomous software systems capable of independently making decisions traditionally reserved for humans, performing complex sequences of tasks, and interacting dynamically with other systems with minimal human intervention.
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?
In an 83-page opinion, the Board dismissed this three-pronged opposition to registration of the mark PANERALUX for various goods in class 9 (e.g., database management software) and class 11 (including cooking ranges), ruling that Opposer Pumpernickel Associates, owner of the registered mark PANERA for restaurant services and food products, failed to prove its claims of likelihood of dilution (Section 43(c)), likelihood of confusion (Section 2(d)), and false suggestion of a connection (Section 2(
On March 18, 2025, the D.C. Circuit Court of Appeals affirmed the D.C. District Courts and U.S. Copyright Offices decisions, holding that a copyrighted work cannot be authored exclusively by an AI system. Computer scientist Dr. Stephen Thaler claims to have created a generative-AI system dubbed Creativity Machine, which Thaler says created a picture that Dr.
Newly public documents from Michigan State University claim the school exonerated College of Education dean Jerlando Jackson, but not how. The post Michigan State University Dean ‘Exonerated’ of Plagiarism appeared first on Plagiarism Today.
Newly public documents from Michigan State University claim the school exonerated College of Education dean Jerlando Jackson, but not how. The post Michigan State University Dean ‘Exonerated’ of Plagiarism appeared first on Plagiarism Today.
On March 13, 2025, the Federal Circuit issued a decision in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., No. 23-2254 (Fed. Cir. 2025) that clarifies how patent term extension (PTE) is calculated for reissue patents. PTE was established under the Hatch-Waxman Act as a mechanism by which the term of a patent may be extended for up to five years to compensate for delays in obtaining regulatory approval for certain products such as pharmaceuticals and medical devices.
George Santos appeals Jimmy Kimmel case, two Danish men sentenced to prison over BitTorrent use and Filipino rapper sues politician. The post 3 Count: Changing Tactics appeared first on Plagiarism Today.
The Patent Term Extension (PTE) provisions of 35 U.S.C. 156 compensate pharmaceutical patent owners for time they are not able to enjoy commercial market exclusivity because their products are not yet approved by the U.S. Food and Drug Administration (FDA). The length of a PTE award depends on how much time was spent under FDA review after the patent was issued.
[A big thanks to Praharsh for his inputs on the post.] The Bombay High Court order of 7th March 2025, making the interim injunction in favour of Karan Johar absolute, has added more fuel to the fire of the debate over personality rights protection. The personality rights debate is centred around the clash between individuals wanting to protect their likeness for commercial use and concerns that broad protections could limit creativity and restrict public access to cultural expressions.
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.
INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. According to recent reports, the global fragrance industry is projected to be worth USD 53.4 billion in 2025.
Dr. Kshipra Uke and Dr. Shiv Shankar Das. Image from here. [Long Post ahead!] In Nov. 2023, the Bombay HC (Nagpur Bench) delivered a salient judgement , with significant implications for both the SC/ST Act and Intellectual Property. Rightfully, the case was highlighted for its positive outcome in providing monetary relief to the Dalit researchers for the theft of their research data.However, while the case is certainly a situation of just and deserved outcomes, the jurisprudential path the case
The Premier League, UK broadcaster Sky, plus global anti-piracy coalition Alliance for Creativity and Entertainment, are reporting the conclusion of a ‘landmark’ pirate IPTV case in the Middle East. According to their statement, a joint criminal complaint in Lebanon led to an unnamed defendant being found guilty of five criminal charges, including unspecified intellectual property and cybercrime-related offenses.
On Tuesday, March 18, the members of the United States Patent and Trademark Offices (USPTO) Patent Public Advisory Committee (PPAC)which fills a vital role in helping the agency foster innovation and entrepreneurshipreceived notice that the Secretary of Commerce had decided to end all current PPAC member appointments effective the same day. As the now-former members of PPAC, we want to share our thoughts about the important work and priorities upon which we were focused and pass the baton for in
[A big thanks to Praharsh for his inputs on the post.] This is Part II of the two-part post on the recent Bombay High Court (BomHC) order in the case of Karan Johar v. India Pride Advisory Private Ltd. & Ors that has once again brought to the spotlight the debate of balancing the protection of celebrity personality rights and the freedom of expressions and parodical use.
Reading Time: 3 minutes The world is mourning the loss of George Foremana titan of sport, an icon of resilience, and a man whose legacy reached far beyond the boxing ring. Born on January 10, 1949, in Marshall, Texas, Foremans path to greatness was anything but guaranteed. He grew up in Houstons Fifth Ward, a tough neighborhood that shaped his early life.
In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. 103 in view of the en banc United States Court of Appeals for the Federal Circuit (CAFC)s decision in LKQ Corporation v. GM Global Technology Operations LLC, which we discussed here.
Dr. Aaron G. Filler, MD, PhD, JD, the unpaid expert who said he reached out proactively to conduct testing on Judge Pauline Newman pro bono in order to help resolve the impasse between Judge Newman and the Judicial Council, has filed a rebuttal to criticisms of his September 2024 report confirming Newman is fit to serve on the U.S. Court of Appeals for the Federal Circuit.
Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., No. 23-cv-7586 (2d Cir. Feb. 6, 2025) - On February 6, 2025, the Second Circuit held that the articulation requirement for a trade dress complainta pleading requirement under which plaintiffs must articulate with precision the components making up their claimed trade dressis independent of and must be satisfied prior to evaluating the elements of trade dress infringement (distinctiveness, likelihood of confusion, and.
By Dennis Crouch There is an almost ritualistic moment anytime I teach property and estates law. The hand shoots up and a student asks what happens when those listed in a will - murder their benefactors to accelerate inheritance. There tends to be some nervous laughter as well as genuine curiosity. Virtually all jurisdictions have created some "slayer rule" stemming from the common law principle that "no one shall profit from their own wrong," preventing killers from inheriting from their victim
Actavis Labs. FL, Inc. v. United States, Appeal No. 2023-1320 (Fed. Cir. Mar. 21, 2025) Our Case of the Week, in the words of its author, Circuit Judge Stark, is not actually a patent case. It is, instead, a tax case. In this appeal from the Court of Federal Claims, the Federal Circuit considered whether expenses incurred by a generic drug manufacturer in defending against Hatch-Waxman infringement litigation are deductible from taxable income as ordinary business expenses in the year.
A lot of industries use continuously moving assembly lines. This is common in automotive, but also in many others. The challenge is to manage the fluctuations. You cannot decouple using inventory; you can decouple only long-term fluctuations using capacity, while all other fluctuations are decoupled using time. This is the first blog post of a.
In Actavis v. U.S., a case at the intersection of tax law and patent law, the Federal Circuit held that generic drug companies Hatch-Waxman litigation expenses are ordinary and necessary business expenses and can be deducted immediately.
A Federal Circuit ruling Tuesday affirmed administrative patent board holdings that wiped out claims in patents that cover a 3D photography system used in medical imaging and clinical trials.
On Friday, March 14, 2025, Delaware's own Judge Andrews provided important guidance on key patent issues, relevant to pharmaceutical and technology companies alike: (1) the decisive impact of local patent rules on summary judgment and (2) mitigating the risks of an IPXL challenge by careful claim drafting.
A California federal judge has agreed to dismiss allegations made under California and Massachusetts law in suits claiming Google and OpenAI copied YouTube creators' videos to train large language models, while the creators have agreed to drop a similar case against Nvidia altogether.
The U.S. Court of Appeals for the Federal Circuit last week issued an opinion that explained an often misunderstood doctrine in trademark law -- the "zone of expansion.".
The Oprah Winfrey Network, a Georgia production company and the spouse of the company's president were sued in federal court for allegedly stealing a Georgia screenwriter's copyrighted material to create the movie "A Christmas Fumble.
Investors in deep tech dont just evaluate technologythey evaluate defensibility. A companys IP portfolio is often the difference between getting funded and being passed over.
Taiwan's Realtek Semiconductor Corp. is asking a California federal judge to punish a pair of patent-holding companies for "wasting party and judicial resources" in an antitrust lawsuit over alicensing deal and a series of purportedly sham patent suits in Texas.
The Patent Trial and Appeal Board's chief judge has provided guidance to the board's other members on how to decide whether to use discretion to deny review of patents based on related litigation, after a previous memo on the issue was withdrawn last month.
In a recent decision ( O/1219/24 ) regarding an attempt by Transport for London (TfL) to register the slogan MIND THE GAP as a UK trade mark (UKTM) , the UK Intellectual Property Office (the UKIPO) issued a partial refusal of TfL's application on the grounds of bad faith, based on contractual terms in a prior agreement between TfL and the clothes retailer GAP (ITM) Inc.
Intel Corp. told U.S. District Judge Alan Albright that a trial in its high-stakes patent infringement fight with VLSI Technology should focus on teasing out a disputed ownership structure that could inform whether the technology company has a license to use the chip patents.
There are quite a few punch lines to this question, sadly none has been mentioned in a recent judgment from the General Court involving the design of a light bulb and the interpretation of Art. 7(2) Community Design Regulation (CDR). According to this provision certain acts of disclosure will not be considered in the assessment of novelty and individual character of a registered Community design (RCD) if a design for which protection is claimed under a registered Community design has been made a
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