Tue.Jun 11, 2024

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3 Count: Sunday Ticket

Plagiarism Today

Appeals court upholds decision about meme infringement, Indonesia targets Telegram piracy and NFL facing trial over Sunday Ticket costs. The post 3 Count: Sunday Ticket appeared first on Plagiarism Today.

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Punctuation Trademarks

Erik K Pelton

In this episode, Erik shares insights and examples of how punctuation can be used in a trademark. The post Punctuation Trademarks appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik shares insights and examples of how punctuation can be used in a trademark.

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Success Kid: Copyright, Fair Use and Memes

Plagiarism Today

The Eighth Circuit has upheld a jury verdict finding that the commercial use of a meme was not fair use. However, it's not a complete win. The post Success Kid: Copyright, Fair Use and Memes appeared first on Plagiarism Today.

Fair Use 195
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Beware of trademark renewal scam from “Trademark Renewal Service” in Philadelphia, PA

Erik K Pelton

A client forwarded me a recent letter about renewing their trademark registration from Trademark Renewal Services with an address at 1229 Chestnut Street, Front 1 #449 Philadelphia, PA 19107 See the image of their mailing below. The document could easily be mistaken as coming from the government – the name, the look and feel of the document, the registration number.

Trademark 130
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Transparency in Copyright and Artificial Intelligence

Copyright Alliance

Transparency is an essential element of an AI ecosystem that is developed and used in a responsible, respectful, and ethical manner. Generative Artificial Intelligence (AI) has raised so many issues […] The post Transparency in Copyright and Artificial Intelligence appeared first on Copyright Alliance.

Copyright 117
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Piracy Shield 2: Just When IPTV Pirates Thought it Was Safe

TorrentFreak

New law passed in Italy last year gave powerful football rightsholders and broadcasters a blank slate to implement a blocking system seen nowhere else in Europe. No laborious court processes, no judicial oversight, and unlike the ISPs compelled by law to implement their blocking instructions, no financial penalties for getting things wrong either. Whether these freedoms contributed towards the laundry list of errors, PR blunders, source code leaks, and resentment among some ISPs, is hard to quan

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More Trending

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Meeting Educational Standards & Building Real-World Relevance with Authentic Content

Velocity of Content

While standards-aligned curriculum remains vital, educators are increasingly seeking culturally responsive, personalized resources to meet the diverse needs of their students. This shift reflects a dynamic educational landscape where flexibility and relevance are key, especially considering challenges such as pandemic-related learning loss. CCC hosted an expert panel of educators to discuss the importance of authentic content and the role it can play in K-12 education.

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6th Circ. Judge Wary Of Party Dissenters' 'Right' To Use Logo

IP Law 360

A Sixth Circuit judge seemed skeptical on Tuesday that limiting a dissenting faction of the Libertarian Party of Michigan's use of the name and logo of the Libertarian National Committee infringes the group's speech rights, saying members can still voice their opinions.

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German ISPs Block Romslab Due to Widespread Game Piracy

TorrentFreak

Three years ago, German Internet providers agreed to voluntarily block the most egregious pirate sites. The ISPs teamed up with copyright holders and launched the “Clearing Body for Copyright on the Internet” ( CUII ), which is now responsible for handing down blocking ‘orders’. While CUII doesn’t rely on court judgments, there is some form of oversight.

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Ex-DraftKings Exec Seeks Fast Trial To Test Noncompete Law

IP Law 360

A former DraftKings executive wants a snap trial to unwind a noncompete blocking him from work at sports-betting rival Fanatics, calling the fiercely litigated, bicoastal dispute a "test case" for California's recent law reinforcing a ban on restrictive covenants.

Law 96
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IPO Diversity in Innovation Toolkit

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.

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Disruption and Resilience: Understanding the Societal Impact of COVID-19 in India

IP and Legal Filings

Introduction – Theoretical Framework The sociological theories that must be applied while analysing these topics can be: Social Disorganization Theory: According to this hypothesis, the intimacy that exists in traditional tiny towns will be lost as a result of modernization and urbanisation of society, or the advent of any substantial changes in society.

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That Robot Took My Voice: Scarlett Johansson And The Right Of Publicity

JD Supra Law

“A voice is as distinctive and personal as a face. The human voice is one of the most palpable ways identity is manifested. We are all aware that a friend is at once known by a few words on the phone. The singer manifests herself in the song. To impersonate her voice is to pirate her identity.”.

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USPTO Finalizes Changes to PTAB Pre-Issuance Circulation Rules

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced a final rule today that will amend the rules of practice before the Patent Trial and Appeal Board (PTAB) to formalize the existing Standard Operating Procedure (SOP4) governing circulation and internal review of PTAB decisions. In October 2023, the Office issued a Notice of Proposed Rulemaking (NPRM) that aimed to “promote consistent, clear, and open decision-making processes while protecting judicial independence and increasing transparency

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The Life Sciences Report – June 2024

JD Supra Law

This latest edition features articles on biotech client Siolta Therapeutics, the use of safety and efficacy findings to extend drug exclusivity periods, life sciences venture financings for clients in 2023, and updated USPTO guidance for determining non-obviousness. The newsletter also includes details on the recent LaunchBio NextGen VC Forum in San Francisco, the firm’s Patents and Innovations Learning Library for in-house IP counsel, the latest episodes of the LaunchBio/Wilson Sonsini NextGen.

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The Grand Tour of German Automotive—BMW Leipzig

Christopher Roser

The second BMW plant I visited was in Leipzig. This modern greenfield plant had a very good material flow, where especially the finger line impressed me a lot. In terms of efficiency it was the best-performing plant in Germany, shortly after Munich, and on par with Toyota. It was also exceptionally clean. The only flaw. Read more The post The Grand Tour of German Automotive—BMW Leipzig first appeared on AllAboutLean.com.

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Suspicious Minds: Protecting Tennessee Artists from Generative AI

JD Supra Law

Effective July 1, 2024, a revolutionary new law will protect Tennessee artists and musicians from unethical uses of Artificial Intelligence (“AI”). The unprecedented Ensuring Likeness Voice and Image Security (“ELVIS”) Act greatly expands the reach of Tennessee’s Protection of Personal Rights law by creating an enforceable property right in a person’s “name, photograph, voice, or likeness.

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AI No Scarier Than Nail Guns Or Microscopes, Kappos Says

IP Law 360

Former U.S. Patent and Trademark Office Director David Kappos cautioned attorneys Tuesday to "keep ourselves grounded" about the use of artificial intelligence in intellectual property, saying it's just a tool like a microscope or nail gun, rather than something justifying "panic.

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The Ninth Circuit Addresses Judicial Power over Trademark Applications and the Lawful Use of Trademarks on Cannabis (I Mean, Tobacco) Products

JD Supra Law

The Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used with cannabis products.

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Is a free trial version "commercial speech"?

43(B)log

Enigma Software Gp. USA LLC v. Malwarebytes Inc., 2024 WL 2883671, No. 17-cv-02915-EJD (N.D. Cal. Jun. 6, 2024) This is the latest decision in long-running litigation over Malwarebytes’ characterization of Enigma’s competing cybersecurity and anti-malware software as “malicious,” a “threat,” and as a Potentially Unwanted Program (“PUP”). The court refuses to dismiss Malwarebyte’s claims for violations of the Lanham Act; violations of New York General Business Law § 349; and tortious interference

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U.S. Isn’t Everything – The Importance for U.S. Entities to Obtain Trademark Protection Abroad (Yes, that includes Canada)

JD Supra Law

The author of the lyrics for Canada’s national anthem, “O Canada,” probably didn’t have trademarks in mind when he wrote “we stand on guard for thee.” But a recent trademark infringement win for a Maryland-based U.S. non-profit corporation in Canada shows that Canadian courts will guard against consumer confusion and enforce trademark rights even when the trademark owner is a U.S. company and the defendant is Canadian.

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APPLE JAZZ Owner Pursues Cancellation of APPLE Mark for Entertainment Services in District Court

IP Watchdog

On June 7, professional trumpet player Charles Bertini filed a lawsuit in the Northern District of California seeking the cancellation of trademark rights owned by consumer tech giant Apple covering the use of the company’s name in connection with entertainment services. Bertini’s lawsuit is the latest effort in his nearly decade-long battle to obtain a federal trademark registration for APPLE JAZZ, a mark which Bertini has used to market live entertainment since 1985.

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Supreme Court’s Copyright Ruling Could Have Broad Implications

JD Supra Law

A recent U.S. Supreme Court decision in a copyright infringement case could have far-reaching implications by allowing plaintiffs to seek damages under the Copyright Act for greater periods of time of infringement.

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Calif. Judge Won't Let Apple Escape Tech Patent Case

IP Law 360

A California federal judge has found Apple can't dodge a patent suit, allowing claims to move forward that the tech giant's "back tap" feature infringes a patent owned by technology company Haptic Inc.

Patent 59
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Federal Circuit Finds that a Narrowing Claim Limitation that Expressly Requires Optional Elements of a Markush Group from the Same Claim is Neither Contradictory Nor Indefinite

JD Supra Law

In Maxell, Ltd. v. Amperex Technology Limited, 2023-1194 (Fed. Cir. Mar. 6, 2024), the Federal Circuit reaffirms that a patent claim that includes narrowing limitations requiring only some elements of a Markush group recited in the same claim are not indefinite under Section 112 so long as the claim, when read as a whole, is internally consistent and supported by the specification.

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Kat Von D Meets Tiger King: Has Warhol Destroyed Transformative Fair Use?

IP Watchdog

Celebrity tattoo artist Kat Von D recreated a photograph of a famous musician in ink on her client’s arm and posted photos of the process online. Netflix docuseries “Tiger King” incorporated video footage of a real-life funeral as part of its documentary coverage of the deceased’s husband. The two parties were sued separately for copyright infringement—of the photograph, in Kat Von D’s case, and the video, in Netflix’s case.

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Interpreting the Printed Matter Doctrine in Inter Partes Review

JD Supra Law

In Ioengine, LLC v. Ingenico Inc. No. 2021-1227, 2021-1331, 2021-1332 (Fed. Cir. May 03, 2024), the case addresses the patentability/validity of three patents. In particular, this case discusses the application of the printed matter doctrine during inter partes review, the treatment of newly introduced claim constructions on appeal, and the PTAB’s anticipation and obviousness determinations.

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After Circling Globe, IP Litigator Returns To Fish & Richardson

IP Law 360

Fish & Richardson PC has strengthened its intellectual property litigation group in Houston with a familiar face who left the firm over a year ago to trot the globe with his wife.

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Securing Your Innovations: Intellectual Property Strategies

JD Supra Law

With innovation, it is necessary to protect your ideas and products. Intellectual property (IP) rights are crucial for safeguarding the unique offerings of your business and protection of your brand identity. To ensure the security of your innovations and brand identity, let’s discuss some strategies you can implement.

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Email Service by the Trademark Registry: Effective or a Loophole for missed deadlines?

Selvam & Selvam Blog

In an earlier blog , we discussed the significance of the Madras High Court’s decision in the case of Ramya S. Moorthy vs. The Registrar of Trade Marks , wherein the Applicant failed to receive the email service of the opposition notice from the Trademark Registry and, as a result, did not file the counter-statement within the allotted timeframe. The Court observed that the document presented by the Trademark Registry proved successful dispatch of the email, but failed to prove receipt of the em

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Latest Federal Court Cases - June 2024

JD Supra Law

EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. June 3, 2024) In the Federal Circuit’s only precedential patent opinion this week, the court addressed issues of infringement and admissibility that arose after a jury found that certain “smart thermostats” offered by Google infringed a patent owned by EcoFactor, Inc. (“EcoFactor”). The Federal Circuit affirmed the district court’s rulings.

Patent 65
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Martin Shkreli Told To Hand Over Wu-Tang Album

IP Law 360

A New York federal judge ordered Martin Shkreli on Tuesday to hand over any copies he might have of the Wu-Tang Clan's album he once bought before it was sold off by the federal government to settle a $7.3 million tab from Shkreli's criminal judgment on securities fraud.

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Strong Headwinds for the USPTO’s Terminal Disclaimer Proposal

JD Supra Law

The United States Patent and Trademark Office (USPTO) is facing vigorous backlash to its proposal to change terminal disclaimer practice used in patent applications and, not so subtly, discourage the use of continuation applications.

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Fed. Circ. Reinstates Parts Of Blood Analyzer Secrets Verdict

IP Law 360

The Federal Circuit decided Tuesday that a Rhode Island jury was right to find that an Italian company's blood analyzer computer code was stolen by a U.S. rival, but another jury will have to determine any damages.

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Refusal Rescuers: The Vital Role of Local Trademark Counsel

Intepat

Our earlier post on the Madrid system and the provisional rules provides a detailed analysis on the Madrid System, which is managed by the World Intellectual Property Organization (WIPO). This Madrid system has significantly impacted global trademark registration, with over a million registrations worldwide. It operates under two treaties: the Madrid Agreement of 1981 and the Madrid Protocol of 1989, the latter enhancing the system’s adaptability to modern business needs by providing a ce

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Quinn Emanuel Swapped Sides For X Suit, Data Co. Says

IP Law 360

Israeli data collector Bright Data Ltd. asked a California federal judge on Tuesday to disqualify law firm Quinn Emanuel Urquhart & Sullivan LLP from representing social media company X Corp., which is suing Bright Data over its data-scraping practices, accusing the firm, which once represented the data company, of switching sides.