Plagiarism Today
AUGUST 6, 2024
A photographer won a $1,500 determination at the Copyright Claims Board. However, the case isn't as simple as it first appears. The post Copyright Claims Board Awards Photographer $1,500 in Damages appeared first on Plagiarism Today.
Erik K Pelton
AUGUST 6, 2024
Our take on the USPTO’s proposed fee increases and how small businesses may be affected. The post Comments on USPTO Fee Increases appeared first on Erik M Pelton & Associates, PLLC. Our take on the USPTO’s proposed fee increases and how small businesses may be affected.
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Plagiarism Today
AUGUST 6, 2024
Louisiana court rules copyright termination affects foreign rights, Thai police raid pirate streamer in car wash and WotC targets fans. The post 3 Count: Foreign Matters appeared first on Plagiarism Today.
Erik K Pelton
AUGUST 6, 2024
The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. The basic government filing fee is as low as $250 (as of this publication), and the resulting trademark registration provides a myriad of benefits to its owner, such as: Use of the ® symbol, which helps ward off potential infringers by demonstrating to the public that the brand is taken seriously and has the USPTO’s legal
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
AUGUST 6, 2024
After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. The Act is remarkable not only because its sponsors span the ideological spectrum -- the Act was introduced by Senators Coons, Blackburn, Klobuchar, and Tillis.
Erik K Pelton
AUGUST 6, 2024
Evidence of use for a apparel (shirts, sweatshirts, etc) can be tricky for a trademark filing with the USPTO. See the graphic and video below for more details on what generally makes the best types of use and evidence for your trademark in connection with clothing: The post Trademark Use and Evidence for Apparel: Best Practices appeared first on Erik M Pelton & Associates, PLLC.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
AUGUST 6, 2024
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
Likelihood of Confusion
AUGUST 6, 2024
Originally posted 2014-06-16 19:39:18. Republished by Blog Post PromoterMatthew David Brozik wrote here about the December 2013 Holmes copyright expiration decision out of the U.S. District of Illinois shortly after it came out. Go there to understand what the case is about, as I did. Today that District Court opinion was affirmed by the Seventh […] The post The Seventh Circuit solution appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
AUGUST 6, 2024
Jones Day wants to prevent former client Soverain Software LLC from exiting a decade-long spat over $2 million in unpaid legal fees, telling an Illinois state court that Soverain's bid to bring the litigation to a close "is a house of cards that collapses with the slightest breeze.
TorrentFreak
AUGUST 6, 2024
Last month, several major record labels sued Internet provider Verizon over its subscribers’ alleged copyright infringements. The companies alleged that the Internet provider “buried its head in the sand” while knowingly providing its Internet services to a massive community of online pirates. This is not the first case of this kind.
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.
JD Supra Law
AUGUST 6, 2024
In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake pornography to sue anyone who knowingly creates, receives, or distributes such images. It only addresses civil liability and only applies to pornographic content, but we would not be surprised to see more expansive legislation in this area in the future.
TorrentFreak
AUGUST 6, 2024
According to the latest Freedom House report, citizens of the United States benefit from robust freedoms of expression and a wide array of other civil liberties. For that, the country receives a score of 83/100. With just 3.4 million citizens, the relatively tiny country of Uruguay receives 96/100 and, while it’s certainly not perfect, it does a lot of things right.
IP Close Up
AUGUST 6, 2024
Former Alphabet employees say the company has become “less a hothouse of innovation than a cautious custodian of its search empire, which appears to be Continue reading
JD Supra Law
AUGUST 6, 2024
In MHCS v Les Grands Chais De France (Cancellation No 92075021, 8 March 2024), the Trademark Trial and Appeal Board (TTAB) has granted a petition for cancellation brought by viticulture giant MHCS against a mark owned by the smaller Les Grand Chais de France. Petitioner MHCS, aided by the relative absence of the respondent from the proceedings, prevailed, as the TTAB determined that the petitioner’s VEUVE CLICQUOT mark is entitled to broad protection based on its commercial strength, in addition
The TTABlog
AUGUST 6, 2024
In a nonprecedential decision, the CAFC upheld the Board's affirmance [pdf here ] of a refusal to register the proposed mark MODULAR GABION SYSTEMS for "Gabions of steel wire" on the grounds of genericness or, alternatively, mere descriptiveness and lack of acquired distinctiveness. In re C.E. Shepherd Company, LLC , Appeal No. 2023-1308 (Fed. Cir. August 1, 2024).
JD Supra Law
AUGUST 6, 2024
Before Moore, Stoll, and Cunningham. Appeal from the United States District Court for the Eastern District of Texas. Summary: No live controversy existed over patent claims omitted from infringement contentions prior to a judgment on the pleadings. Claims remaining in controversy were invalid under § 101.
IP Watchdog
AUGUST 6, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming a California district court’s decision to grant Blippar.com’s motion to dismiss a patent infringement claim brought against it because the asserted patent claims were ineligible under Section 101. Mobile Acuity’s U.S. Patent Nos. 10,445,618 (“’618 patent”) and 10,776,658 (“’658 patent”) are both titled “Storing Information for Access Using a Captured Image.
JD Supra Law
AUGUST 6, 2024
Artificial Intelligence (“AI”) generated a tremendous amount of excitement in 2023 as businesses rushed to build use cases and deploy AI tools throughout their organizations. AI has evolved from a futuristic concept into a transformative force across various industries. While the term “Artificial Intelligence” is credited to a Dartmouth College computer scientist who coined the term in 1955, there is still great confusion on exactly what is AI.
The IPKat
AUGUST 6, 2024
T 1057/22 related to a patent for the use of a rather unappetizing sounding fish oil and juice emulsion ("fish juice") to treat cancer. This Kat confesses that her interest in this case was primarily piqued by the oddness of the subject matter. F ish juice to treat cancer seems a rather unpromising starting point for demonstrating sufficiency. It is thus all the more surprising that the limited data provided in the patent was found to sufficiently support a relatively broad second medical use cl
JD Supra Law
AUGUST 6, 2024
Streaming service Fubo has told a NY federal court that ESPN, Fox, and Warner Bros. Discovery are teaming up with others to knock down its “sports-first streaming business,” but what Fubo calls anticompetitive behavior, the trio of companies on the other side of a lawsuit call fair competition.
Copyright Alliance
AUGUST 6, 2024
This week we’d like to introduce you to photographer and Founder of Free Juice, Allison Retina Stewart. She has helped narrate stories for global brands, such as Exxon, Live Nation, and […] The post Creator Spotlight with Photographer & Founder of Free Juice, Allison Retina Stewart appeared first on Copyright Alliance.
JD Supra Law
AUGUST 6, 2024
On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting and Consumer Education and Awareness Month.’”.
IP Watchdog
AUGUST 6, 2024
In a case Judge Amit Mehta of the U.S. District Court for the District of Columbia dubbed “remarkable,” the court ruled Monday that “Google is a monopolist” and that the search engine has violated Section 2 of the Sherman Act. The U.S. Department of Justice and 11 states first sued Google on October 20, 2020, alleging Sherman Act violations via Google’s practice of entering into agreements to secure distribution in “nearly all desktop and mobile devices in the United States.
JD Supra Law
AUGUST 6, 2024
As a startup founder, you’re often faced with numerous decisions that impact the future of your business. One such decision is how to approach trademark applications. A crucial component of this process is selecting the appropriate goods and services classes for which you will register your trademark. This choice not only affects the scope of your trademark protection but also influences the cost, as the U.S.
IP Watchdog
AUGUST 6, 2024
ArentFox Schiff LLP is seeking patent litigation associates with 4-7 years of experience to join our DC or San Francisco offices. At ArentFox Schiff, we know that diverse backgrounds produce different perspectives, richer thinking, and more creative solutions to the challenges our clients face. We hope you share that vision. Join us and take on the challenge of doing meaningful work while helping us build a culture that reflects our dedication to diversity, equity, and inclusion.
JD Supra Law
AUGUST 6, 2024
In Natera, Inc v. Neogenomics Laboratories, Inc., Appeal No. 24-1324 the Federal Circuit held that preliminary injunction may be valid if a substantial question of invalidity was not raised, even if the asserted patent is vulnerable to an invalidity challenge.
Kluwer Copyright Blog
AUGUST 6, 2024
Case arises out of dispute over the estate of noted evangelical minister Dr. Lester Sumrall. The Seventh Circuit Court of Appeals in Chicago has affirmed the dismissal of claims for copyright ownership brought by a trust asserting the rights of a son of the late evangelical pastor Dr. Lester Sumrall, finding those claims were barred by the Copyright Act’s three-year statute of limitations.
JD Supra Law
AUGUST 6, 2024
Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). This article will break down what “use in commerce” means, why it matters, and how you can ensure your trademark activities meet this requirement.
Velocity of Content
AUGUST 6, 2024
What are tokens? Publishers offer token packages as a way for organizations to prepurchase content at a discounted rate as an alternative to subscriptions. This can be helpful for organizations with diverse research and therapeutic areas or with lower volume needs, as they can use tokens to access individual articles from a wide breadth of a publisher’s catalog of publications.
JD Supra Law
AUGUST 6, 2024
Case Name: Janssen Pharms., Inc. v. Tolmar, Inc., Civ. No. 21-1784-WCB, 2024 WL 2972832 (D. Del. June 13, 2024) (Bryson, J.) - Drug Product and Patent(s)-in-Suit: Invega Sustenna® (paliperidone palmitate); U.S. Patent No. 9,439,906 (“the ’906 patent”).
IP Law 360
AUGUST 6, 2024
The Federal Circuit rightfully held Meril Life Sciences was protected by a patent safe harbor when bringing its preapproval transcatheter heart valve system to an industry conference and that Edwards Lifesciences' attempts to prove otherwise are just delay tactics, Meril told the full court.
JD Supra Law
AUGUST 6, 2024
Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. In the first quarter of 2023, the U.S. Copyright Office (the “Office”) announced an initiative to examine copyright issues relating to artificial intelligence (“AI”). In March of 2023, the Office published a Policy Statement to clarify its practices for examining and registering works that contain material generated by the.
IP Law 360
AUGUST 6, 2024
A Florida restaurateur's intellectual property company has filed a trademark infringement lawsuit in Colorado federal court against a Japanese restaurant and its interim manager in Aspen, claiming they continued without permission to use the name and logo the IP company created.
JD Supra Law
AUGUST 6, 2024
Olympians are typically celebrated for their physical achievements—but some are also inventors who have contributed to innovation in the sporting world. One notable example is Ted Ligety, an alpine skier who earned gold medals in both the 2006 Turin Olympics and the 2014 Sochi Olympics.
IP Law 360
AUGUST 6, 2024
A Delaware federal judge on Tuesday refused to upend a jury's determination that AstraZeneca owes $107.5 million in royalty damages for infringing Pfizer-brand cancer treatment patents, rejecting AstraZeneca's arguments that the patents are unenforceable and the asserted claims are invalid.
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