Plagiarism Today
JULY 29, 2024
The Copyright Claims Board has issued another final determination. This one finds against Petco, though the claimant isn't a victor either. The post Copyright Claims Board Rules Against Petco appeared first on Plagiarism Today.
Erik K Pelton
JULY 29, 2024
The following is an edited transcript of my video Trademark Application Checklist. One of the great resources produced by the USPTO for trademark filers is the Trademark Manual of Examining Procedure (TMEP), which has hundreds of sections, guidelines, rules and procedures. Within that (TMEP, Sect. 818), there’s a particularly useful checklist which lists more than 20 items for new trademark applications and the things that go into it.
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Plagiarism Today
JULY 29, 2024
Warner Bros. Discovery sues NBA over rights deal, UK artist battles with trust over Queen portraits and the IOC targets piracy. The post 3 Count: Matching Rights appeared first on Plagiarism Today.
TorrentFreak
JULY 29, 2024
The promise that pretty much everything is available for free on the internet was one of the key driving forces behind surging uptake at the end of the century. The reality was more nuanced, of course. The marketing and framing of this utopian vision relied on the relative naivety of most internet users. None were strangers to adverts appearing on TV, radio or in print, so the concept needed no explaining.
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 and Legal Filings
JULY 29, 2024
INTRODUCTION It is evident that the significance of online education has risen over time, and even more so in the period that followed the COVID-19 outbreak. With over 1.90% of learners disturbed and 5 billion learners influenced, online education is the best solution for the continuation of classes in the time of lockdowns and more. This change, as a result, has promoted the use of the new online learning environment in educational institutions across the globe making online education normal.
TorrentFreak
JULY 29, 2024
As the home of Bollywood, India has a thriving movie industry that’s known all around the world. At the same time, the country also has one of the highest piracy rates, which is seen as a major threat by industry insiders. Following pressure from U.S. movie companies, India’s government recently agreed to update its Cinematograph Act to outlaw ‘cam’ piracy.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JULY 29, 2024
Depending on personalities and intake of alcohol, a karaoke night can see people demanding to be next on the mic or scurrying away before they’re forced to do something they’ll later regret. According to reports, karaoke in the West may be set for a resurgence but in Asia, karaoke (’empty orchestra’) never went away. In Japan, it still receives an 80%+ approval rating among high school students with around half of 20 to 24-year-olds regularly taking part.
IP Law 360
JULY 29, 2024
During U.S. District Judge Nancy Maldonado's brief tenure in Chicago federal court, she tackled several issues without direct precedent, including the intricacies of sound recording copyright protections. Now, after surviving an especially bruising confirmation process, she'll be in a position to set precedent on the Seventh Circuit.
JD Supra Law
JULY 29, 2024
Have you ever considered the number of legal challenges that come with running a business in the digital era? Forbes predicts that the global e-commerce will surpass $6 trillion in 2024, meaning that there is no shortage of opportunity. However, increasing reliance on the internet has transformed not just how we do business but also the regulations and compliance requirements that come with it.
IP Law 360
JULY 29, 2024
Morgan Lewis & Bockius LLP announced Monday that it has hired three new partners to further strengthen its German offerings.
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
JULY 29, 2024
Almost half of the teams in the National Basketball Association (NBA) were recently sued for copyright infringement. In the complaint filed against the Atlanta Hawks, one of the plaintiffs—publisher Kobalt Music Publishing America (Kobalt), the exclusive agent.
IP Watchdog
JULY 29, 2024
This week our conversation is with Patrick Kilbride, who is a public policy expert with significant expertise at the intersection between market economics, innovation and intellectual property. At the beginning of our conversation Kilbride explains that “one of the most remarkable things about the American economy is that what we have done historically does seem to be so unique.
JD Supra Law
JULY 29, 2024
The European Union’s Court of Justice (ECJ) has rendered its two long-awaited judgments in the European Commission’s (EC’s) perindopril case. The 27 June 2024 judgments concern: - The EC’s appeal of the General Court’s annulment of the EC’s infringement decision on Servier’s patent settlement agreements with Krka (Case C-176/19 P).
Kluwer Copyright Blog
JULY 29, 2024
Photo by ThisisEngineering on Unsplash In November 2024, the CJEU cast light on the right to fair compensation under the private copying exception harmonised by Article 5(2)(b) InfoSoc Directive and the thorny issue of whether broadcasters are entitled to it. This post considers this judgment. The big question is whether there’s anything more to this seemingly mechanical judgment from the First Chamber than a mere statement of the obvious.
JD Supra Law
JULY 29, 2024
On July 18, 2024, a federal jury in Delaware found that an online travel booking company violated the Computer Fraud and Abuse Act (CFAA) by accessing portions of a European airline’s website without permission and “with intent to defraud” the airline. In particular, the jury unanimously found that the online travel company violated the CFAA by using a third-party service provider to scrape the airline’s website to find and resell airline tickets to its own customers at an additional charge.
The TTABlog
JULY 29, 2024
The Board denied a petiton for cancellation of a registration for the mark shown below, for various clothing items, rejecting Petitioner Paradise Holdings' likelihood of confusion claim because Paradise failed to prove priority. Respondent Neo Nyc asserted dates of first use in its registration as early as January 1, 2018, but by clear and convincing evidence it successfully established a first used date of June 10, 2015.
JD Supra Law
JULY 29, 2024
The Federal Circuit has affirmed a lower court’s decision that the claims of a patent for software that manages pre-employment background checks weren’t patent-eligible. The case is In Miller Mendel, Inc. v. City of Anna, Texas.
IP Watchdog
JULY 29, 2024
There is a lot of Fear, Uncertainty and Doubt (FUD) swirling around the European Union’s legislative proposal for an SEP Framework. Fearmongering purveyors of FUD loudly characterize the SEP Framework as “regulation”, as if the innate nature and essence of standard essential patents (SEPs) would be forever altered. I have heard phrases like “the EU will regulate SEPs”.
JD Supra Law
JULY 29, 2024
In a recent opinion, the Federal Circuit added several new wrinkles to amendment practice in inter partes review proceedings. The court affirmed the Patent Trial and Appeal Board’s determination that most of the original claims challenged by an IPR were unpatentable as obvious, and reversed the Board’s determination as to the sole surviving claim, concluding that it too was unpatentable as obvious.
The IPKat
JULY 29, 2024
By decision of 19 December 2023 (not appealed), the court of first instance of Venice ruled in favour of the Consorzio Tutela Aceto Balsamico di Modena (Consortium for the Protection of Balsamic Vinegar of Modena, "the Consortium") against two Italian companies for acts of unfair competition due to the breach of Regulation (EU) No 1169/2011 on the provision of food information to consumers and of the Italian Law of 12 December 2016 no. 238 (Law no. 238/2016) on the organic discipline of wine cul
JD Supra Law
JULY 29, 2024
On July 8, 2024, Regeneron, Mylan, Celltrion, and Apotex jointly stipulated to the dismissal of CAFC Appeal Nos. 23-1395 and 23-1396, appealing the Final Written Decisions finding all challenged claims of U.S. Patent Nos. 9,254,338 and 9,669,069 unpatentable in IPR2021-00880 (IPR2022-00257 and IPR2022-00301 joined) and IPR2021-00881 (IPR2022-00258 and IPR2022-00298 joined).
43(B)log
JULY 29, 2024
Skillz Platform Inc. v. Papaya Gaming, Ltd., 2024 WL 3526853, No. 24cvl646(DLC) (S.D.N.Y. Jul. 23, 2024) Skillz sued its competitor in mobile gaming, Papaya, for violating federal and NY law against false advertising by falsely advertising that its games pit human players against each other when in fact Papaya uses bots masquerading as human players.
JD Supra Law
JULY 29, 2024
Whataburger has once again found itself in the news over a lawsuit it filed over naming rights against a long-standing East Coast burger establishment for its purported infringement of the WHATABURGER trademark.
Patently-O
JULY 29, 2024
by Dennis Crouch Google recently petitioned for en banc review a Federal Circuit split decision in EcoFactor v. Google. The case focuses on when a damages expert testimony satisfies Daubert. The original opinion also highlights an interesting debate regarding the appeal of pre-trial eligibility rulings. In EcoFactor, Inc. v. Google LLC , No. 23-1101 (Fed.
JD Supra Law
JULY 29, 2024
The Patent Trial and Appeal Board instituted an inter partes review over patent owner’s objections that the petition did not timely identify all real parties-in-interest (RPI) and was filed by a phantom legal entity after petitioner had undergone a corporate reorganization. The PTAB accepted petitioner’s updated mandatory notices that identified the correct RPI, revised the caption, and instituted the IPR proceeding.
SpicyIP
JULY 29, 2024
Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. [This weekly review is authored by SpicyIP intern Sumedh Gadham.
JD Supra Law
JULY 29, 2024
With the 2024 Olympic Games set in Paris, France, one of the world’s fashion capitals, athletics and aesthetics collide to take center stage at the much-anticipated opening ceremony. The cultural showcase begins on July 26th, when the best athletes from around the world will board boats along the Seine for a river parade through the heart of the French capital.
IP Law 360
JULY 29, 2024
Sanofi's biotechnology company Genzyme Corp. hauled Sarepta Therapeutics into Delaware federal court on Friday, alleging Sarepta's gene therapy treatment for Duchenne muscular dystrophy infringed two of its patents for manufacturing certain therapeutics.
Likelihood of Confusion
JULY 29, 2024
Originally posted 2015-07-08 11:30:34. Republished by Blog Post PromoterHow’s that for a setup line? No, it’s another story about the use of “chilling effects” and the First Amendment in defense of illegal, usually political, acts — and this time, again, it didn’t work: Here’s the story— remember this one?
IP Law 360
JULY 29, 2024
The National Institute of Standards and Technology has recommended hundreds of actions that can be taken to address issues of data privacy, intellectual property, environmental impact and more raised by generative artificial intelligence.
BYU Copyright Blog
JULY 29, 2024
Copyright Catfight? University,Pictorial Works,Logo,Work for Hire July 29, 09:43 AM July 29, 09:44 AM On June 2nd, we reported on a case filed by Sophia Boyages (Boyages) against the University of Vermont and State Agricultural College (Defendants or the "University) concerning the creation and use of a logo which Boyages claims as hers. On June 6th, 2024, the Defendants filed their Answer to Boyages' allegations, denying most of them or claiming a lack of awareness about some.
IP Law 360
JULY 29, 2024
Tekashi 6ix9ine should pay a Miami rapper more than $73,000 in copyright infringement damages plus attorney fees, a New York federal judge has recommended, finding that default judgment is appropriate because 6ix9ine has willfully failed to litigate the suit.
Selvam & Selvam Blog
JULY 29, 2024
One of the key provisions of the Paris Convention for the Protection of Industrial Property pertains to priority applications, which allows trademark applicants to claim priority in a member country based on an earlier application filed in the home country. This principle, known as priority right, enables applicants to secure their rights more effectively across borders, ensuring that their subsequent filings in other member countries benefit from the original filing date of the home country app
IP Law 360
JULY 29, 2024
A New York federal judge has declined to vacate an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture, rejecting arguments that an agreement struck by the parties meant that a New York court could decide the issue.
JD Supra Law
JULY 29, 2024
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.
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