Plagiarism Today
JUNE 11, 2024
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.
Erik K Pelton
JUNE 11, 2024
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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Plagiarism Today
JUNE 11, 2024
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.
Erik K Pelton
JUNE 11, 2024
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.
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?
Copyright Alliance
JUNE 11, 2024
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.
TorrentFreak
JUNE 11, 2024
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
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
JUNE 11, 2024
Paramount Pictures has asked a California federal court to dismiss a right of publicity complaint from the actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie, saying his claim over a photo of his character included in the film's sequel without his permission falls squarely under the so-called Rogers test, a free speech doctrine that protects expressive works.
Velocity of Content
JUNE 11, 2024
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.
IP Law 360
JUNE 11, 2024
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.
Christopher Roser
JUNE 11, 2024
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.
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
JUNE 11, 2024
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.
TorrentFreak
JUNE 11, 2024
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.
JD Supra Law
JUNE 11, 2024
“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.”.
IP Watchdog
JUNE 11, 2024
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
JD Supra Law
JUNE 11, 2024
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.
IP Law 360
JUNE 11, 2024
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.
JD Supra Law
JUNE 11, 2024
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.
IP Watchdog
JUNE 11, 2024
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.
JD Supra Law
JUNE 11, 2024
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.
43(B)log
JUNE 11, 2024
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
JD Supra Law
JUNE 11, 2024
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.
IP Law 360
JUNE 11, 2024
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.
JD Supra Law
JUNE 11, 2024
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.
IP Watchdog
JUNE 11, 2024
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.
JD Supra Law
JUNE 11, 2024
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.
IP Law 360
JUNE 11, 2024
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.
JD Supra Law
JUNE 11, 2024
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.
Selvam & Selvam Blog
JUNE 11, 2024
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
JD Supra Law
JUNE 11, 2024
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.
IP Law 360
JUNE 11, 2024
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.
JD Supra Law
JUNE 11, 2024
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.
IP Law 360
JUNE 11, 2024
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.
The TTABlog
JUNE 11, 2024
The Leathernecks Motorcycle Club was thwarted in its attempt to register the collective membership mark LEATHERNECKS in the design form shown immediately below. The Board found that the mark, which indicates membership in a motorcycle club, falsely suggests a connection with the United States Marine Corps in violation of Section 2(a) of the Trademark Act.
IP Law 360
JUNE 11, 2024
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.
Patently-O
JUNE 11, 2024
Ten years ago – 2014 – the Supreme Court decided Alice Corp v. CLS Bank , holding that – yes indeed – the expansive language of Mayo v. Prometheus (2012) applies equally to software and technology patents. A few weeks later, the USPTO began a dramatic transformation – pulling back notices of allowance and issuing thousands of supplemental office actions.
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