Plagiarism Today
FEBRUARY 1, 2024
ISP says music companies could sue file sharers directly, Copyright Office reviews music licensing systems and Meta creates Llama drama. The post 3 Count: Llama Drama appeared first on Plagiarism Today.
Erik K Pelton
FEBRUARY 1, 2024
The following is an edited transcript of our video International Trademark Registration Basics Trademark rights are generally limited to the country in which they are registered, but there are international agreements that allow you to file a single application to obtain trademark protection in more than one country at once. This includes regional areas which give you trademark protection in all the countries that are member to the agreements that create them.
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Plagiarism Today
FEBRUARY 1, 2024
In the latest plagiarism scandal involving Harvard, the school's chief diversity offer faces allegations of plagiarism in two separate works. The post Harvard’s Chief Diversity Officer Accused of Plagiarism appeared first on Plagiarism Today.
JD Supra Law
FEBRUARY 1, 2024
With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football League (NFL) more closely than a shutdown corner on a wide receiver.
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 Watchdog
FEBRUARY 1, 2024
The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act. As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of
The IP Law Blog
FEBRUARY 1, 2024
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press , addressed the interplay between the decision in Jack Daniels and the Rogers test. The Rogers test comes from the 1989 Second Circuit case Rogers v.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
FEBRUARY 1, 2024
This is one of the many pending “Pixel” cases. If you don’t recall, a “pixel” is a 1×1-pixel image file that is imperceptible to web visitors. A website adds code to its web page that summons the pixel from a third-party source. By delivering the pixel and related items like cookies, the third party can independently and automatically gather information about the web visitor.
IP Watchdog
FEBRUARY 1, 2024
Today, the U.S. Department of Health and Human Services (HHS) made its initial offers to pharmaceutical companies pursuant to the Biden Administration’s Inflation Reduction Act of 2022 (IRA), which allows the U.S. Government to “negotiate” Medicare drug prices under a set framework based upon the amount of time a drug has spent on the market. Opponents of the program, including the U.S.
The Illusion of More
FEBRUARY 1, 2024
Last Friday, a Los Angeles jury returned a verdict that celebrity tattoo artist Kat Von D did not infringe the copyright rights of photographer Jeff Sedlik when she made a tattoo that (it must be said) is strikingly similar to Sedlik’s portrait of Miles Davis. Sedlik filed a copyright infringement suit in response to Kat […] The post Jury finds Kat Von D tattoo does not infringe.
IP Tech Blog
FEBRUARY 1, 2024
For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth. Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. It is important for brand owners to register its core trademarks (both in relation to the overall brand names and in relation to any individual products which are produced by the brand owner)
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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
FEBRUARY 1, 2024
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
IP Intelligence
FEBRUARY 1, 2024
It has been a busy year for domain scammers – and the brand owners fighting back against them. According to numbers published by the World Intellectual Property Organization (WIPO) and the Forum, the number of complaints brought under the Uniform Domain Name Dispute Resolution Policy (UDRP) saw an annual increase of approximately 8 percent through year-end 2023.
TorrentFreak
FEBRUARY 1, 2024
Two decades ago, when the RIAA tried to obtain the identities of Verizon customers via the convenient DMCA subpoena process, significant pushback led to defeat for the record labels. The case made it clear that subpoenas obtained under section 512(h) of the DMCA only apply to ISPs that directly store, cache, or provide links to infringing material. An RIAA lawsuit against Charter failed for similar reasons.
SpicyIP
FEBRUARY 1, 2024
Image from here Some good news for trademark practitioners! The restriction imposed on the E-Register and the Public Search features of the Trademarks Registry’s website is finally lifted, making them accessible 24×7. As discussed here , the restriction was imposed due to an increased load on the TM application and database servers. A big thanks to one of our readers for sharing the public notice lifting this restriction, in the comments of my previous post.
JD Supra Law
FEBRUARY 1, 2024
In this episode of Trending Now - An IP Podcast, Janet Cho and Rob Van Arnam discuss the basics of AI and CHATGPT, how they can be used in contracts, their benefits, and risks.
TorrentFreak
FEBRUARY 1, 2024
In a matter of weeks, the controversial Jake Paul vs. Ben Askren PPV boxing event will turn three years old and still be remembered for all that went wrong. After the H3 Podcast aired a short clip of the event on YouTube, featuring a fight that lasted just 119 seconds, Triller filed a copyright infringement lawsuit against creators Ethan and Hila Klein.
JD Supra Law
FEBRUARY 1, 2024
The Senate on Jan. 23, 2024, held a hearing to consider the Patent Eligibility Restoration Act (PERA), the proposed legislation introduced by Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.). Tillis noted that though legislation is not always the best fix, he believes "we reached a point where legislation is needed as a result of….
IP Law 360
FEBRUARY 1, 2024
Sioux Steel Co. and Prairie Land Millwright Services have settled patent litigation in the wake of an Illinois federal jury's $12 million award for Sioux Steel, which had alleged the farm equipment company infringed its patents on a device used to sweep around grain.
JD Supra Law
FEBRUARY 1, 2024
With adoption of generative AI tools scaling exponentially amongst content creators, companies need to be vigilant to ensure all content posted on social media platforms complies with user guidelines about AI, especially where this is created by third party creators.
Cogency Global
FEBRUARY 1, 2024
What this is: UK Limited Partnerships (UKLPs) are one of the key areas where legislative reforms have been introduced under the Economic Crime and Corporate Transparency Act (ECCTA), 2023. The Limited Partnerships Act 1907 is being revamped to prevent its misuse. What this means: ECCTA finds it necessary to bring in changes to the Limited Partnerships Act 1907 to increase accountability and transparency of these business structures.
JD Supra Law
FEBRUARY 1, 2024
Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state law to control how the websites are displayed. Best Carpet Values, Inc. v. Google LLC, Case No. 22-15899 (9th Cir. Jan. 11, 2024) (Wallace, Thomas, Forrest, JJ.).
Dragons' Den
FEBRUARY 1, 2024
Innovative ventures and intellectual property set the stage alight on Dragons' Den this week, with a wide variety of businesses seeking investment and advice from the Dragons' experienced judging panel. From a hair care revolution to dental hygiene for cats, the Den saw a variety of presentations, each with their own unique challenges and opportunities.
JD Supra Law
FEBRUARY 1, 2024
In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. This means that the owner has the exclusive right to reproduce, adapt, publish, perform, and display the work. Because copyright protection has a set term, copyrights in certain works necessarily expire each year and enter the public domain.
IP Watchdog
FEBRUARY 1, 2024
It was an average week for patent filings at the Patent Trial and Appeal Board (PTAB) and a slightly above-average week in district courts, with 62 district court complaints filed and 21 new PTAB petitions—one petition for Post Grant Review (PGR), and 20 for Inter Partes Review (IPR). The PTAB instituted 13 cases; iInstitution was denied in 12 cases and 15 cases settled.
JD Supra Law
FEBRUARY 1, 2024
Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still remain with respect to how the rescheduling of marijuana could impact federal trademarks and state trademarks throughout both the cannabis industry and traditional industries.
43(B)log
FEBRUARY 1, 2024
Polvay v. FCTI, Inc., F.Supp.3d -, 2024 WL 322050, No. 22-cv-4315 (JSR) (S.D.N.Y. Jan. 29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s ATMs at 7-Eleven stores. During the relevant period, all New York customers who used one of defendant’s ATMs saw the same initial prompt: “Would you like to view your account balance?
JD Supra Law
FEBRUARY 1, 2024
On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans. The decision centered on the satirical art collective MSCHF’s product, the Wavy Baby sneaker, which Vans contended infringed their signature Old Skool shoe.
Likelihood of Confusion
FEBRUARY 1, 2024
My friend Mark Herrmann recently informed me about his Drug and Device Law blog. His co-blogger is Jim Beck. Mark is the author, as we have noted in the past, of The Curmudgeon’s Guide to Practicing Law so right there you know he can write even though he’s a lawyer. Originally posted 2012-03-13 10:54:08. Republished […] The post Drug and Device Law appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
FEBRUARY 1, 2024
Ever wondered how startups in the pharmaceutical and biotech sectors navigate the maze of university licensing agreements? Join us as we sit down with Dan O'Korn, a seasoned attorney specializing in life sciences. Dan sheds light on the critical role of legal counsel in securing fair agreements and avoiding potential pitfalls early in the licensing process.
IP Law 360
FEBRUARY 1, 2024
A Washington federal judge said she was not persuaded that a video game company could keep from paying a former contract employee royalties for his work on a survival game that has sold millions of copies, telling an attorney for the company Thursday that someone who produces creative work is entitled to royalties.
JD Supra Law
FEBRUARY 1, 2024
2024 has started off strong for Dwayne "The Rock" Johnson, as he recently joined the board of TKO Ground, the company behind WWE and UFC, and acquired WWE’s trademark rights in his “THE ROCK” nickname. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
FEBRUARY 1, 2024
The Patent Trial and Appeal Board has invalidated all claims in a CPC Patent Technologies Pty Ltd. biometric security patent that was attacked in a pair of challenges by Assa Abloy AB.
JD Supra Law
FEBRUARY 1, 2024
The Eastern District of Texas recently addressed two significant issues related to fair, reasonable and non-discriminatory (FRAND) negotiations under French law; namely, whether: (1) an implementer is entitled to damages resulting from a standard essential patent (SEP) holder’s bad faith; and (2) an SEP holder can unilaterally discharge its FRAND obligations in view of an implementer’s bad faith.
IP Law 360
FEBRUARY 1, 2024
Universal Music Group's catalog of songs is gone from TikTok, a result of a licensing contract expiring after each company publicly accused the other this week of making unreasonable demands.
JD Supra Law
FEBRUARY 1, 2024
Columbia sued Seirus, claiming that Seirus’s HeatWave products infringe Columbia’s ’093 design patent for “Heat Reflective Material.” The patent claims “[t]he ornamental design of a heat reflective material, as shown and described.” The design claimed in the ’093 patent and Seirus’s accused HeatWave design are reproduced below. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
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