Thu.Apr 10, 2025

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No retroactive protections for well-known trade marks against GIs for wines, says Advocate-General

The IPKat

Last week, Advocate-General Campos Snchez-Bordona delivered his opinion in Case C341/24 Duca di Salaparuta. As this Kat previously reported here , the Italian Supreme Court referred questions to the CJEU on conflicts between geographical indications and trade marks for wines. The AG took the view that more recent provisions which protect trade marks with a reputation did not apply retroactively to geographical indications that were registered under the earlier EU regulations.

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The Battle Against the Bots

Plagiarism Today

Last week, Wikimedia reported that AI bots saturated their available bandwidth. Here's why the bad bots are getting so much worse. The post The Battle Against the Bots appeared first on Plagiarism Today.

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Trending Sources

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A New Era for the PTAB: Discretion Returns, Layoffs Loom, and Early Challenges Encouraged

JD Supra Law

The USPTO has launched a sweeping recalibration of its post-grant proceedings at the PTAB, signaling a decisive pivot back toward discretionary denials of patent challenges. With the rescission of prior procedural guidance, a heightened risk of Fintiv-based denials, the rollout of a new bifurcation process for institution review, and looming staff reductions, Acting Director Coke Morgan Stewart is steering the PTAB away from late-stage patent attacks and toward a system that favors earlier.

Patent 63
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CDN77 Isolates LaLiga IPTV Pirates in 15 mins. Allegedly Gets Blocked Anyway

TorrentFreak

Having listened to LaLiga chief Javier Tebas speak about piracy for almost an hour at a conference recently , several things become apparent. Whether one agrees or disagrees with his stance on how to tackle piracy, in particular the blocking controversy that has dogged Spain since early February, at a time of crisis this would be the man to have fighting your corner.

IP 62
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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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3 Count: Back to Basics

Plagiarism Today

Artist sues Quavo over Back to Basics video, Cyprus court rules copyright law unconstitutional and Ghanaian artists battle over sample. The post 3 Count: Back to Basics appeared first on Plagiarism Today.

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Retromark 2025: Event Report (Part 1 - the write-up)

The IPKat

The good and the great from the trade mark world, at least insofar as it includes people who were in London on 3 April, descended on the offices of Simmons & Simmons for this years excellent Retromark, in association with the IPKat. Formed of two panel sessions and a keynote from Prof. Johanna Gibson (Queen Mary), it was a lively and informative update.

More Trending

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Federal Circuit Issues Precedential Order Denying Mandamus Relief for SAP, Despite District Court Errors

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential, per curiam order on Thursday denying a mandamus petition brought by SAP America Inc. and SAP SE that sought to compel the district court to transfer its case from the Marshall division of the Eastern District of Texas to Sherman. However, the order spent a considerable amount of time detailing the district courts errors.

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You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

JD Supra Law

AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Boards inter partes review (IPR) decisions invalidating all claims of three AliveCor patents.Previously, the International Trade Commission (ITC) had found certain Apple Watch products infringe two of the three patents.

Patent 61
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Judge Shopping vs. Judge Dodging: Federal Circuit Denies SAP’s Transfer Request

Patently-O

by Dennis Crouch In a precedential opinion, the Federal Circuit has denied SAP's mandamus petition seeking to transfer its patent infringement case from the Marshall Division to the Sherman Division within the Eastern District of Texas -- and also change judges. In re SAP America, Inc. , No. 2025-118 (Fed. Cir. Apr. 10, 2025). Although SAP made good arguments in the case, they just were not good enough to overcome the particularly high burdens for transfer and mandamus.

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3 Key Strategies for Accessing Scientific Literature in Your Organization

Velocity of Content

When planning your organizations literature budget, its important to consider the three main strategies for allocating spenddocument delivery, subscriptions, and tokens. In the video below, we break down these strategies to help you determine what combination of the three methods for accessing articles and other scientific content may be the best fit for your company.

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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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IP Forecast: Novartis' Entresto Fight Heads To DC Circ.

IP Law 360

Novartis will go before the D.C. Circuit next week in the latest legal front in the drug giant's battle to stop generic versions of its blockbuster heart failure drug Entresto. Here's a look at that case plus all the other major intellectual property matters on deck in the coming week.

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PRESS RELEASE: @Human_Artistry Campaign Endorses NO FAKES Act to Protect Personhood from AI

The Trichordist

By establishing clear rules for the new federal voice and image right, the NO FAKES Act will power innovation and responsible, pro-human uses of powerful AI technologies while providing strong protections for artists, minors and others.

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Improv Makes Me a Better Lawyer

IP Law 360

Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

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The trendiest of trends

Likelihood of Confusion

Originally posted 2011-05-05 17:33:57. Republished by Blog Post Promoter“Green trademarks” that is. Green-themed, green-related, green to go, green for action! Well, trends aren’t just for marketers — you can find them in the media too. First, Susan Scafidi — trend-tracker extraordinaire, and, as you will see, a trend-maker too.

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Albright Sends VLSI-Intel Licensing Question To Trial

IP Law 360

A Texas federal jury must determine whether VLSI Technology is controlled by Fortress Investment Group before a judge can then decide whether Intel Corp.'s license with a Fortress affiliate extends to VLSI's patents, U.S. District Judge Alan Albright ruled Thursday.

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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - TCPA Compliance and Litigation Update

JD Supra Law

In this episode of Trending Now - An IP Podcast, Carmelle Alipio and Rob Van Arnam provide an update on the Telephone Consumer Protection Act (TCPA), including litigation trends, orders and key takeaways.

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Delaware Makes Notable Changes to its General Corporation Law 

Cogency Global

On March 25, 2025, Delaware Governor Matt Meyer signed Senate Bill 21 (SB 21) into law. The bill makes significant changes to the Delaware General Corporation Law (DGCL). Read on for more. The post Delaware Makes Notable Changes to its General Corporation Law appeared first on Cogency Global.

Law 66
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Trade Secret Protection in 2025: What In-House Counsel Need to Know

JD Supra Law

Recent developments in workplace dynamics, regulatory changes, and several high-profile cases have highlighted the growing importance of understanding and protecting your company's trade secrets. For in-house counsel, staying ahead of these developments is crucial to effectively safeguarding your organization's valuable intellectual property. By: Ward and Smith, P.A.

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Creator Spotlight with YouTuber and Artist Tarra Lu

Copyright Alliance

This week, were pleased to introduce you to YouTuber and Artist Tarra Lu. After reading her spotlight blog, subscribe to her YouTube channel and follow her on Instagram. What was the inspiration behind becoming a creator? […] The post Creator SpotlightwithYouTuber and Artist Tarra Lu appeared first on Copyright Alliance.

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The High Stakes of NILs: MLB Players Inc. Challenges DraftKings and bet365 Over NIL Rights

JD Supra Law

In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants motions to dismiss.

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Celebrity Rights: Understanding This Unique Right

IP and Legal Filings

With the emergence of Intellectual Property as an important and relevant sector of law and awareness among people about securing and protecting the product of their intellect has resulted in the birth of several unique rights which can be protected and monetized under IP laws. One such right is Celebrity Rights”, though there isnt a well-defined statutory provision defining, describing and elaborating this right but rather it is an amalgamation of a bunch of rights that have been recognize

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Coming Soon: Changes to State Noncompete Laws in Virginia, Arkansas, and Wyoming

JD Supra Law

Noncompete provisions continue to be governed by a constantly changing patchwork of state level legislation. In general, recent laws tend to limit their use among low wage earners or individuals in certain professions, such as health care workers or veterinarians.

Law 68
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ITC Blocks Imports Of Copycats Of Eli Lilly Weight Loss Drug

IP Law 360

The U.S. International Trade Commission has banned imports of versions of Eli Lilly's highly popular, multibillion-dollar weight loss drug that infringe a trademark the drugmaker has.

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Studio Ghibli Style AI Art Raises Copyright Questions

JD Supra Law

I recently spoke with TechRadar about the recent social media trend of AI-generated images in the style of beloved animation company Studio Ghibli and the IP considerations surrounding such works. Copyright law in the US does not protect ideas or styles but instead protects original works of authorship fixed in any tangible medium of expression..

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Insurance Agency Accuses Former Exec Of Poaching Clients

IP Law 360

A Florida insurance agency has accused its former vice president of sales of poaching clients and misappropriating trade secrets when he left for a direct competitor, according to a lawsuit removed to federal court.

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Tony Blair Institute Proposal for AI and Copyright in the UK

JD Supra Law

Interesting and provocative report published today by the Tony Blair Institute concerning proposed reforms to UK copyright law.

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BASF Accuses Duracell Of Stealing Lithium Battery Secrets

IP Law 360

Duracell is being accused by chemical company BASF Corp. of stealing trade secrets about its lithium battery technology after gaining access to the information through a cooperation agreement, according to a lawsuit unsealed in Delaware federal court.

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Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink

JD Supra Law

CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong evidence of a claimed trade dresss functionality even if the patent does not describe the same goods or explicitly discloses the trade dress in the claim.

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Pharma Giants Sued Over Ex-Sanofi Drug Delivery Patents

IP Law 360

Pharmaceutical companies Novo Nordisk, GSK, Bayer, Medtronic and Ypsomed have all been sued in the Eastern District of Texas over drug delivery patents that Auto Injection Technologies LLC acquired from Sanofi-Aventis in recent months.

Patent 52
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Don’t Mess With the Beaver: Buc-ee’s v. Barc-ee’s

Nelligan Law

Reading Time: 3 minutes As a trademark agent, I have seen some colourful branding disputes. The most recent a showdown between Buc-eesthe Texas-based megastore of meat sticks and pristine restroomsand its smaller, tail-wagging cousin, Barc-ees. This is not your average trademark case. This is beaver vs. dog, brisket vs. puppuccino, yellow circle vs. yellow circle.

Brands 52
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9th Circ. Open To Sending Invisalign Antitrust Suit To Trial

IP Law 360

Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.

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Understanding IP Matters: When IP Rights Lose Their Property-Like Function Innovation Suffers

IP Watchdog

Some of the largest companies have invested substantial resources to change the rules of the game that govern bargaining over IP assets. This drives downward value of for all IP assets and content in tech markets and endangers innovation, creative expression and society. On the current episode ofUnderstanding IP Matters(UIPM), Jonathan Barnett, a legal scholar focusing on the weaknesses and strengths of the U.S. intellectual property (IP) system, discusses potential ways to repair it.

IP 77
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Pharma Cos.' Patent Practices Limit Drug Access, Report Says

IP Law 360

The two major pharmaceutical companies behind leading GLP-1 products are leveraging so-called patent thickets to maintain their monopolies over thediabetes and weight loss medications, a practice that can impede access to those drugs, according to a report released Thursday.

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When Is a Trade Secret Accessible? As Soon as It Can Be Reverse Engineered

JD Supra Law

Although the US Court of Appeals for the Federal Circuit upheld a damages award for trade secret misappropriation and breach of a confidentiality agreement, it found that the district court erred in its determination of when the trade secret became publicly accessible for the purpose of applying a reverse engineering defense. The Federal Circuit also vacated and remanded the prejudgment interest award, finding that interest should not accrue on future sales. ams-OSRAM USA Inc. v.

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Oracle Wins Bid To Keep Trade Secret Case Out Of Arbitration

IP Law 360

Oracle doesn't have to arbitrate its trade secret case against a former employee accused of absconding to a rival with confidential information related to enterprise resource planning applications, after a California federal judge said Wednesday he signed a proprietary information contract that says such issues could be litigated in court.