Plagiarism Today
AUGUST 26, 2024
The Copyright Claims Board has decided in favor of the respondent in a case it says never should have been filed in the first place. The post Copyright Claims Board Admonishes Filer in Dubious Case appeared first on Plagiarism Today.
IP Watchdog
AUGUST 26, 2024
Jockeying for position among the leading generative AI large language models (LLMs) has amplified their differences. Training models and code access are the source of some of the biggest disagreements. Should code for generative and other forms of AI be open or proprietary, protected under copyright, trade secret or even patent? There is a lot riding financially on the outcome, and there are good arguments for and against.
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Plagiarism Today
AUGUST 26, 2024
Pandora seeks to get comedian lawsuit dismissed, Taiwan authorities raid IPTV headquarters and AEW gets copyright claim on X. The post 3 Count: Unfunny Pandora appeared first on Plagiarism Today.
TorrentFreak
AUGUST 26, 2024
Those who follow mainstream tabloid media in the UK and Ireland should be familiar with online streaming piracy by now; whether they like it or not. The harms and threats of illicit streaming devices or using the preferred term in Ireland, dodgy boxes , have been discussed at length in hundreds of news articles. Additional reports on prison sentences for resellers of these services, make clear that these are serious offenses.
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
AUGUST 26, 2024
After a California jury deadlocked last year in Masimo's high-stakes intellectual property case against Apple over the way the latter company's watches are programmed to monitor blood oxygen, the medical technology contractor says it wants a bench trial to address its trade secrets claims next time around, but Apple is opposing that move.
Olartemoure Blog
AUGUST 26, 2024
Greenwashing is a marketing strategy that deceives or misleads consumers about a company’s sustainable practices or the environmental benefits of a particular good or service. This occurs when companies use terms like “100% sustainable,” “green,” “eco-friendly,” or “100% renewable” on their trademarks, branding, packaging, containers, or advertisements without having concrete environmental actions to substantiate those claims.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
AUGUST 26, 2024
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
TorrentFreak
AUGUST 26, 2024
Early June 2024, Italian media reported on comments made by the head of telecoms regulator AGCOM at the Serie A Festival a few days earlier. During the panel “The metaverse of piracy” Massimiliano Capitanio reportedly brought those in attendance up to date on Piracy Shield, Italy’s controversial and by then already failing anti-piracy blocking system.
IP Law 360
AUGUST 26, 2024
Restaurants pursuing a proposed class action against Grubhub Inc. for alleged trademark infringement have urged an Illinois federal court to order the food-delivery platform to comply with discovery requests, including information about orders and revenue from establishments that never agreed to partner with Grubhub.
JD Supra Law
AUGUST 26, 2024
In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023, significant developments in trade secret law have reshaped strategies and safeguards for businesses worldwide. From landmark court decisions to legislative reforms, here are the top developments to help you stay in the know.
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.
IP Law 360
AUGUST 26, 2024
Motorola Solutions told an Illinois federal judge Monday that Chinese rival Hytera Communications owes more than $58 million in royalties for a mobile radio it purportedly redesigned after a jury found it misappropriated trade secrets, asserting the radio's retooled source code is still improperly based on the same protected architecture.
JD Supra Law
AUGUST 26, 2024
On August 20, 2024, the Federal Trade Commission (FTC) submitted a comment supporting the FDA’s June 2024 draft guidance “Considerations for Demonstrating Interchangeability with a Reference Product: Update” that revises the need for switching studies to demonstrate a biosimilar is interchangeable.
U.S. Department of Commerce
AUGUST 26, 2024
Get out of your comfort zone, build a supportive network, create mentorships, and celebrate your accomplishments. These words of wisdom were recently shared at a Commerce Department event honoring Women’s Equality Day, a national day celebrated every year on August 26 to commemorate the day women of America were first given the right to vote. The event featured three diverse women who shared their career journeys, spoke about their challenges, and offered advice for other women in obtaining and
JD Supra Law
AUGUST 26, 2024
Introduction - general overview - Joe Hand Promotions, Inc. is a company that holds exclusive rights to distribute pay-per-view (PPV) sporting events, such as boxing and mixed martial arts (MMA) matches, to commercial establishments like bars, restaurants, and nightclubs. For years, the company has aggressively pursued litigation against establishments that broadcast these events without acquiring the appropriate commercial license.
IP Watchdog
AUGUST 26, 2024
We also spent a good deal of time discussing obviousness, KSR, and how at least sometimes, perhaps even often depending on the wording of the rejection from the examiner, you really only need to argue a lack of teaching, suggestion and motivation to persuade examiners that the claims you seek are nonobvious and allowable. “Evidence is still a requirement for motivation to combine,” Rogitz said.
JD Supra Law
AUGUST 26, 2024
Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar stores, they also make it easier for knockoffs and copycats to cannibalize sales of legitimate products. Perhaps recognizing that a product’s ornamentality can be the primary reason consumers click on a product listing and eventually purchase it, platforms like Walmart, eBay,
IP Watchdog
AUGUST 26, 2024
On day one of IPWatchdog’s inaugural Women’s IP Forum, which was also National Women’s Equality Day, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal shared her insights for women seeking to move into leadership positions in IP and the challenges she’s had to face along the way, both personally and professionally—from being told she shouldn’t play guitar or drums at age seven to redirecting (and even harnessing) misogynist comments and bullies she has encountered along the way.
JD Supra Law
AUGUST 26, 2024
Trademarks are used to identify and distinguish an individual’s or entity’s goods or services from those manufactured or sold by others and to indicate the source of such goods or services. In contrast, and with respect to goods and services, certification marks—which often accompany a brand or house mark—are marks which the owners permit third parties to use “to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person's goods or
IP Law 360
AUGUST 26, 2024
Benefit Cosmetics told a San Francisco federal judge at the start of a trademark and trade dress infringement bench trial Monday that rival e.l.f. Cosmetics sought the "holy grail" when it created a "Lash 'N Roll" mascara that ripped off Benefit's $300 million-blockbuster "Roller Lash" product.
JD Supra Law
AUGUST 26, 2024
The June 2024 issue of Vanity Fair included the provocative headline: “Why Counterfeit Ozempic Is a Global-Growth Industry." Novo Nordisk’s patented drug Ozempic® (semaglutide injection) was first approved by the FDA in 2017 for the treatment of type 2 diabetes.
43(B)log
AUGUST 26, 2024
Lynn Scott, LLC v. Grubhub Inc., 2024 WL 3673718, No. 20 C 6334 (N.D. Ill. Aug. 6, 2024) Restaurants brought a putative class action alleging that Grubhub used their names and logos confusingly, asserting claims under the Lanham Act. “Grubhub acts as an intermediary between consumers looking to order food and restaurants looking for additional customers.
JD Supra Law
AUGUST 26, 2024
In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits linked to the infringement, unless the defendant shows why the court should not award this remedy. The Court of Appeal also reiterated that a permanent injunction is the expected remedy flowing from the infringement of a Canadian patent, even where the patented invention forms.
43(B)log
AUGUST 26, 2024
Federal Trade Commission v. Peyroux, F.Supp.3d -, 2024 WL 1283344, No. 1:21-cv-3329-AT (N.D. Ga. Mar. 11, 2024) The FTC and the state of Georgia sued three corporate defendants and two individual defendants, Peyroux and Detelich. The underlying acts carried out by various defendants involved promoting stem cell therapy, which “involves the injection of shots with products containing cells or growth factors derived from birth tissue, including amniotic tissue or fluid, placenta, Wharton’s jelly,
JD Supra Law
AUGUST 26, 2024
It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section 101 front.
43(B)log
AUGUST 26, 2024
Punchbowl, Inc. v. AJ Press LLC, 2:21-cv-03010-SVW-MAR (C.D. Cal. Aug. 22, 2024) Punchbowl home page Punchbowl News home page On remand from the 9 th Circuit, the court conducts a multifactor likely confusion analysis and finds that Punchbowl’s digital invitation services are too distinct for likely confusion with Punchbowl News’s political reporting.
JD Supra Law
AUGUST 26, 2024
Before Moore. Appeal from the Patent Trial and Appeal Board. Summary: Standing based on potential infringement liability requires concrete plans for future activity which will create a substantial risk of future infringement or will likely lead to a patentee claiming infringement.
Selvam & Selvam Blog
AUGUST 26, 2024
The Indian patent landscape has seen a significant shift with the recent amendments to the Patents Rules. As of March 15, 2024, the Patents Amendment Rules, 2024 have introduced a crucial change: patent owners now need to file working statements (Form 27) every three financial years instead of annually. This adjustment is a welcome relief for many patent holders who previously had to submit detailed reports on the working of their patents every year.
IP Law 360
AUGUST 26, 2024
A California federal judge says that he won't rethink a jury's conclusion earlier this year that claims in two patents covering a way of coating printer paper were invalid, even if the French printing company that owns them decided to settle with an accused infringer after losing at trial.
Likelihood of Confusion
AUGUST 26, 2024
Originally posted 2021-05-24 12:48:02. Republished by Blog Post PromoterSome people seem to be interested in these things. Here is a video I did introducing the concept of pretrial civil discovery. The post Discovering discovery appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
AUGUST 26, 2024
A North Carolina federal judge has granted $1.1 million in fees for attorneys from McCarter & English LLP and Womble Bond Dickinson who represented a swimming pool salt system supplier in a trial against a competitor, finding the case qualifies as exceptional since the opposing company acted "unreasonably.
IP and Legal Filings
AUGUST 26, 2024
Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personality rights in India. The case filed in the Bombay High Court strikes a balance and highlights the difference between individual monetary interests and personal interests.
IP Law 360
AUGUST 26, 2024
Samsung urged a California federal judge Monday to throw out a jury's verdict that it breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, arguing a new trial is required because one juror failed to disclose crucial information during the jury selection process.
Patently-O
AUGUST 26, 2024
by Dennis Crouch Hikma’s recent petition for rehearing en banc against Amarin asks the Federal Circuit to reconsider its “skinny label” jurisprudence. Amarin Pharma Inc. v. Hikma Pharmaceuticals USA Inc., 23-1169 (Fed. Cir. 2024) These cases typically involve the following scenario: a drug formulation with multiple approved uses; the formulation/compound patents are all expired as are patents on one or more uses; but at least one method of use claim is still under patent (e.g.
IP Law 360
AUGUST 26, 2024
A website that circulated cheat codes for the video game "Destiny 2" failed to convince the Ninth Circuit on Monday that it got an unfair shake in front of an arbitrator who told the site to pay $4.4 million for breaking copyright and trademark laws.
The TTABlog
AUGUST 26, 2024
The July–August 2024 (Vol. 114 No. 4) issue of The Trademark Reporter (TMR) is now published [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "This issue offers our readers an article on the new frontier of Web 3.0 (the next phase of the World Wide Web) and the potential promise and peril of blockchain domain names for brand owners, as well as a book review of a practitioner’s guide to winning domain name disputes (in the current version of the Internet
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