The Illusion of More

DECEMBER 1, 2023

After the Supreme Court’s decision in AWF v. Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light. As discussed on this blog and elsewhere, caselaw has produced two frameworks for considering whether […] The post The Generative AI Fair Use Defense Under Google Books appeared first on The Illusion of More.

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Fair Use Blogging Litigation Copyright 119

The IPKat

DECEMBER 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community. But there can be only one winner (per category) of this prestigious prize, so vote wisely. As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geo

Social Media 117

Social Media Intellectual Property Intellectual Property Law Related Rights 117

IP Law 360

DECEMBER 1, 2023

Some of mineral company Oil-Dri Corp. of America's patent claims for "clumpable" cat litter were invalid as anticipated or obvious, the Patent Trial and Appeal Board has ruled.

Patent 105

Patent 105

JD Supra Law

DECEMBER 1, 2023

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law.

Law 77

Law 77

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?

Technology

IP Law 360

DECEMBER 1, 2023

BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

Law 98

Law 98

JD Supra Law

DECEMBER 1, 2023

In Short - The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays information on a product's IP rights on a dedicated website accessible through a QR code or a hyperlink. In U.S. patent infringement lawsuits, patent marking serves as evidence that the infringer was aware of the patent's existence, and failing to mark products may lead to.

Patent 75

Patent Patent Infringement IP Technology 75

JD Supra Law

DECEMBER 1, 2023

You are an entrepreneur. You created, founded and currently operate a successful and vibrant business. Perhaps customers, family members, or friends are loyal fans of your brand and are approaching you with a request to start their own location. How do you know when it is time to start franchising your business concept?

Business 75

Business Branding Branding Brands 75

IP Law 360

DECEMBER 1, 2023

A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

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JD Supra Law

DECEMBER 1, 2023

The intersection of traditional knowledge and intellectual property (IP) presents a challenging dichotomy for global legal systems. On one side lies the enormous economic potential inherent in traditional knowledge—a trove of insights, practices, and potential innovations nurtured over generations by indigenous communities. By: Brooks Kushman P.C.

Intellectual Property 75

Intellectual Property IP 75

IP Law 360

DECEMBER 1, 2023

The Chicago attorney who runs a small intellectual property law practice called Seven Eleven Law Group made good on her promise this week to fight the trademark infringement allegations that convenience store giant 7-Eleven sued her for last month, rejecting the company's claims that her firm is creating consumer confusion and profiting from 7-Eleven's multinational brand.

Intellectual Property Law 97

Intellectual Property Law Trademark Intellectual Property Branding 97

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.

Patent

JD Supra Law

DECEMBER 1, 2023

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time… in Hollywood’ over its portrayal of the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing.

Trademark 73

Trademark 73

TorrentFreak

DECEMBER 1, 2023

Two years ago, Google started delisting the URLs of several popular pirate sites from its search results. This decision didn’t impact all users. Instead, Google voluntarily decided to remove URLs in countries where the sites are blocked by local Internet providers, typically following a court order. In the Netherlands, for example, The Pirate Bay and many of its mirrors and proxies were delisted by Google in response to a notice sent by local anti-piracy group BREIN.

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Social Media Privacy Copyright 73

JD Supra Law

DECEMBER 1, 2023

With three games on Thanksgiving Day and another on Black Friday, the NFL was likely a predominant discussion point in many households this past holiday weekend. However, these discussions were probably focused on the actual games—or maybe the love story between Taylor Swift and Travis Kelce—and not the recent efforts by NFL teams to secure and promote their trademark rights.

Intellectual Property 73

Intellectual Property Marketing Marketing Trademark 73

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." Since the goods are identical, a lesser degree of similarity between the marks is needed to support the Section 2(d) claim, but are the marks close enough to cause source confusion?

Designs 70

Designs Design Registration Marketing 70

JD Supra Law

DECEMBER 1, 2023

I'm not saying that anyone from the Biden administration was reading my blog post last week on drug shortages, and maybe it's just a coincidence that the White House announced new efforts to strengthen supply chains less than a week after my post!

Blogging 73

Blogging 73

IP Law 360

DECEMBER 1, 2023

Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

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IP Watchdog

DECEMBER 1, 2023

This week in Other Barks and Bites: Senate AI Insight Forum meets to discuss the ramifications of AI technology on intellectual property rights; Chinese President Xi Jinping orders stronger IP protections for foreign companies operating in China; and an EUIPO report finds that EU countries detained 86 million fake items in 2022.

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Intellectual Property Reporting IP Technology 69

The IPKat

DECEMBER 1, 2023

As has been reported in the music press, the well-known digital music service Spotify has announced that it will be imminently ceasing its operations in Uruguay due to certain amendments included in the country's copyright laws regarding the remuneration of performers. The law The law which Spotify refers to in its statement (which has been reproduced in full by Music Business Worldwide here ), is the 2023 Rendición de Cuentas bill (the Bill), which was voted through by Uruguay's parliament in O

Copyright Law 67

Copyright Law Copyright Law Music 67

JD Supra Law

DECEMBER 1, 2023

In an unprecedented PTAB decision involving Spectrum Solutions LLC (“Spectrum”) (Petitioner) and Longhorn Vaccines & Diagnostics (“Longhorn”) (Patent Owner), the Board found all five challenged patents invalid and imposed sanction against patent owner Longhorn for failure to meet the duty of candor and fair dealing. The board determined that Longhorn selectively disclosed testing results to support its claim construction and misled its technical expert with incomplete laboratory data, thereb

Business 66

Business Patent 66

The IP Law Blog

DECEMBER 1, 2023

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time… in Hollywood’ over a character portraying the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Trademark 62

Trademark Trademark Law Intellectual Property Law 62

JD Supra Law

DECEMBER 1, 2023

Today, the USPTO announced a new, no-cost, pilot program that accelerates the examination process for US patent applications related to semiconductor manufacturing. Starting Friday, December 1, 2023, applicants can file a petition to participate in the pilot program. Petitions that correspond to qualifying non-provisional utility patent applications, directed to “certain processes and apparatuses for manufacturing semiconductor devices,” will be advanced out of turn for examination (accorded.

Technology 66

Technology Patent Application Patent 66

IP Law 360

DECEMBER 1, 2023

Google lawyers managed to hash out their legal fights with two patent-licensing outfits represented by the same powerhouse Delaware patent law firm, over a year after U.S. District Judge Alan Albright of the Western District of Texas sent one of the lawsuits to the Northern District of California, but months after he decided to keep the second in Waco.

Patent 59

Patent Licensing Patent Law Law 59

JD Supra Law

DECEMBER 1, 2023

Earlier this year in In re Cellect, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision regarding obvious-type double patenting (“ODP”). The Court held that when members of a patent family differ in their expiration dates solely due to patent term adjustment (“PTA”), the earlier-expiring family members may be used as the basis for an obvious-type double patenting attack on the later-expiring family members.

Patent 66

Patent 66

IP Law 360

DECEMBER 1, 2023

A Court of Federal Claims judge has awarded a software developer $12.7 million for copyright infringement after finding that a U.S. Department of Defense contractor made unauthorized copies of the company's software and the DOD tried to cover up that copying.

Copying 59

Copying Copyright Infringement Copyright 59

Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. In such situations, the trademark opposition process becomes crucial, enabling applicants to effectively safeguard their intellectual property.

Trademark 59

Trademark Registration Registering Trademarks Copying 59

JD Supra Law

DECEMBER 1, 2023

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time… in Hollywood’ over its portrayal of the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing.

Trademark 59

Trademark 59

LexBlog IP

DECEMBER 1, 2023

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time. in Hollywood’ over its portrayal of the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Trademark 52

Trademark Intellectual Property 52

IP Law 360

DECEMBER 1, 2023

The U.S. International Trade Commission has agreed to review Nokia's allegations that HP and Amazon were wrongly importing products that infringed a variety of Nokia patents related to video technology.

Patent 52

Patent Technology 52

LexBlog IP

DECEMBER 1, 2023

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time. in Hollywood’ over its portrayal of the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Trademark 52

Trademark Intellectual Property 52

IP Law 360

DECEMBER 1, 2023

The cloud software company Cloudera wants U.S. District Judge Alan Albright in Texas to give it a new trial after a jury was swayed in October by "unreliable and speculative testimony" that used numbers from an old licensing offer that Facebook rejected to support the idea of paying patent licensing outfit StreamScale $240 million.

Patent 52

Patent Licensing 52

Trading Secrets

DECEMBER 1, 2023

On November 30, 2023, Governor Kathy Hochul answered the long-awaited question of whether New York would join California, North Dakota, Oklahoma and, most recently Minnesota, as a state banning the use of non-compete agreements between employers and employees. While New York legislators passed a bill to do just that in June, yesterday, Governor Hochul announced that she would not be signing it.

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Reporting 52

IP Law 360

DECEMBER 1, 2023

Xencor is urging the Federal Circuit to reject what it calls the U.S. Patent and Trademark Office's "eleventh hour" effort to terminate an appeal of a Patent Trial and Appeal Board decision, which backed an examiner's denial of a patent application on antibodies that can be used in autoimmune disease treatments.

Patent Application 52

Patent Application Trademark Patent 52

LexBlog IP

DECEMBER 1, 2023

On November 30, 2023, Governor Kathy Hochul answered the long-awaited question of whether New York would join California, North Dakota, Oklahoma and, most recently Minnesota, as a state banning the use of non-compete agreements between employers and employees. While New York legislators passed a bill to do just that in June, yesterday, Governor Hochul announced that she would not be signing it.

Reporting 52

Reporting Intellectual Property 52

IP Law 360

DECEMBER 1, 2023

This past week in London has seen Lenovo Group and LM Ericsson embroiled in a patent dispute, Jaguar Land Rover face legal action from a number of employees over contract breaches, and Dexia Credit file another swaps claim with property administrator Patrimonio del Trentino. Here, Law360 looks at these and other new claims in the U.K.

Litigation 52

Litigation Contracts Patent 52

Indiana Intellectual Property Law

DECEMBER 1, 2023

Defendants in trademark infringement case, HealthSmart Foods, Inc. v. Sweet Nothings, Inc. and Beth Porter have initiated a Motion to Dismiss based on lack of personal jurisdiction under Federal Rule o f Civil Procedure 12(b)(2) and failure to state a claim under Rule 12(b)(6). Additionally, they have requested the case be transferred to the Northern District of California.

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Trademark Marketing Marketing Intellectual Property Law 52