Mon.Jan 01, 2024

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All DMCA Notices Filed Against TorrentFreak in 2023 Were Bogus

TorrentFreak

Any content creator who sees their work being used by unauthorized third-parties can file DMCA notices against platforms communicating that content to the public. Platforms should respond by taking allegedly-infringing content down but in practice, some do and some don’t. Full-blown pirate sites may not respond to notices at all for obvious reasons but some entirely legitimate platforms also refuse to comply in appropriate circumstances.

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In re Tam – Simon Tam’s Response to the PTO’s Petition for a Writ of Certiorari and grant of cert news

Likelihood of Confusion

The Supreme Court granted the PTO’s request for cert in In re Tam (the “Slants case”). Here’s a good summary of the case and our position by our co-counsel, Eugene Volokh. The post In re Tam – Simon Tam’s Response to the PTO’s Petition for a Writ of Certiorari and grant of cert news appeared first on LIKELIHOOD OF CONFUSION™.

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Patent Litigation Trends To Watch In 2024

IP Law 360

A new venue for patent disputes in Europe, potential legal wrangling over the role of artificial intelligence in developing inventions, and continued scrutiny of how litigation funding impacts patent cases are among the litigation topics attorneys will be closely tracking this year.

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SpicyIP Weekly Review (December 25- December 31)

SpicyIP

[This post has been co-authored with SpicyIP intern Jyotpreet Kaur. Her previous posts can be found here. ] Wishing our readers a very happy and healthy new year ahead. As we bid adieu to 2023, let’s take account of the interesting developments that we came across last week. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India.

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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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Coffee and Claim Construction: The Plain and Ordinary Meaning of “Barcode”

Patently-O

Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri and a registered patent agent. He has an extensive background in chemistry and food science. A recent Federal Circuit opinion, K-Fee v. Nespresso, 2022-2042, — F.4th — (Fed. Cir. Dec. 26, 2023) , arises from an infringement suit filed by K-fee System GmbH against Nespresso USA, Inc. in the Central District of California and revives a coffee controversy.

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The trade mark adventures of Lara Croft

The IPKat

The protection of fictional characters presents various challenges. Their external appearance can be protected by copyright, design, trade mark or unfair competition law, though there are limits. An obvious one is the duration of most IP rights. The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024.

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Be Aware as Trademark Email Scams Get More Sophisticated

IP Intelligence

As the new year gets underway, we want to flag the newest misleading trademark email scams, as these communications have become more advanced in their targeting. Trademark owners should be wary of official-looking email solicitations from attorneys or law firms that claim to specialize in trademarks and are masquerading as Good Samaritans who wish to aid in protecting the company’s brand against another company that has contracted that firm to register the same mark.

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Food & Beverage Cases To Watch In 2024

IP Law 360

Food and beverage attorneys have no shortage of interesting litigation to follow in 2024, from Starbucks' sprawling fight with employees who are determined to organize, to claims over heavy metals and "forever chemicals" contaminating food, and McDonald's asking the U.S. Supreme Court to weigh in on the issue of no-poach clauses in franchisee agreements.

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Confidentiality Violations in the UAE: Legal Implications for Employees

LexBlog IP

Introduction: The protection of confidential information is an important aspect of employer-employee relationships, and the UAE has established comprehensive laws to address violations of confidentiality clauses. This article discusses the legal consequences an employee may face for disclosing confidential information to competing companies in the UAE, based on Federal Decree-Law No. 33/2021 on the Regulation of Labour Relations (UAE Labour Code) and Cabinet Decision No. 1/2022 on the Implementi

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These Are The High-Stakes AI Legal Battles To Watch In 2024

IP Law 360

Love it or hate it, the growing adoption of generative artificial intelligence tools has given society no choice but to grapple with their novel challenges, and in 2024, trailblazing litigation over AI's impact on intellectual property, civil liberties and privacy will be hashed out in courtrooms across the country.

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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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Disciplinary Decision Against Registered Attorney a Reminder of the Importance of Clear Communication and Record Keeping

LexBlog IP

Back in July, the Trans-Tasman IP Attorneys Disciplinary Tribunal (‘ the Tribunal ’) issued a decision in relation to a complaint about a registered attorney (‘ the attorney ’) by a client (‘ the client ’) in response to which the Trans-Tasman IP Attorneys Board (TTIPAB, a.k.a. ‘ the Board ’) commenced disciplinary proceedings, bringing nine charges against the attorney.

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5 Supreme Court Cases To Watch This Spring

IP Law 360

"Blockbuster," "momentous" and "historic" are all words that have been used to describe the U.S. Supreme Court's current term as the justices prepare for a spring docket jam-packed with questions over the level of deference courts should give federal agencies, whether and how social media companies should be regulated and whether government efforts to combat misinformation crosses the line between persuasion and coercion.

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As we wrap 2023 and look towards 2024

LexBlog IP

We thank you all for reading our (hopefully insightful) blog posts. We plan to continue the mission this next year and we appreciate all the feedback, comments and engagements that we’ve received. We also want to thank our clients, business partners, staff, attorneys and ancillary work teams – we couldn’t do what we do without the support and teamwork!

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Copyright Infringement in the Digital Age: Watson Music Group v. Borshoff, Inc.

Indiana Intellectual Property Law

In the contempo rary digital landscape , the protection of intellectual property , especially in the realm of creative works, has become a paramount concern. Copyright infringement , the unauthorized use or reproduction of copyrighted material, continues to pose significant challenges for creators and rights holders. A recent case involving Plaintiff Watson Music Group, LLC. d/b/a Quadrasound Music and Defendant Borshoff, Inc. sheds light on the complexities and legalities surrounding copyright

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Trials To Watch In 2024

IP Law 360

Major trials coming down the pike in 2024 include a wealthy Russian art collector's suit against Sotheby's, first bellwethers in multidistrict litigation over allegations Chiquita funded a violent group in Colombia, and a criminal case against U.S. Sen. Bob Menendez. Here's a rundown.

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Copyright Cases To Watch In 2024

IP Law 360

The U.S. Supreme Court is expected to rule in a music publisher dispute that could dramatically change how much money plaintiffs in copyright lawsuits can recover, and an infringement suit involving an artificial intelligence platform is the first to get a trial date. Here are Law360's picks for the biggest copyright cases to watch in 2024.

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California Cases To Watch In 2024

IP Law 360

Legal experts following Golden State courts in 2024 are tracking groundbreaking lawsuits against artificial-intelligence developers brought by content creators, high-stakes antitrust cases against BigTech companies, and a wave of fresh litigation over the scope of California's Private Attorneys General Act.

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Patent Cases To Watch In 2024

IP Law 360

A rare patent case taken up by the full Federal Circuit that has the potential to weaken design patents, and U.S. Supreme Court challenges to the Patent Trial and Appeal Board's authority are among the patent cases attorneys will be tracking this year.

Patent 40
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What To Watch In Massachusetts Courts In 2024

IP Law 360

As the calendar flips to 2024, Massachusetts attorneys will be getting to know a host of new faces on the federal and state benches, watching if the U.S. attorney's office can find stability after a rocky year, and closely tracking ballot initiatives that are likely to face legal challenges.

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Copyright & Trademark Policy To Watch In 2024

IP Law 360

The spotlight will be on the U.S. Copyright Office in 2024 with the planned release of a study on artificial intelligence, and Congress has proposed legislation to crack down on counterfeit products that are unsafe for consumers. Here are Law360's picks for policies to watch in the copyright and trademark space this year.

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What's In The USPTO Policy Pipeline This Year

IP Law 360

Practitioners can expect a number of policy updates and initiatives from the U.S. Patent and Trademark Office this year, including development of AI capabilities, pushback against fraudulent patents and expansion of educational opportunities, say Rosaleen Chou and Lauren Katzenellenbogen at Knobbe Martens.

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Retail Cases To Watch In 2024

IP Law 360

A wide variety of cases are likely to keep retail industry attorneys busy in 2024, including high-profile antitrust actions against Amazon and Google, a growing number of greenwashing disputes, and skirmishes between major retailers and their increasingly unionized workforces.

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Law Firm Strategies For Successfully Navigating 2024 Trends

IP Law 360

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

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Patent Policy To Watch In 2024

IP Law 360

Both the U.S. Patent and Trademark Office and Congress are looking at a busy year for patent policy in 2024, with the agency set to provide guidance on artificial intelligence to the Biden administration and lawmakers working through two high-profile patent reform bills. Here's a breakdown of what patent attorneys should keep on their radar.

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Trademark Cases To Watch In 2024

IP Law 360

The U.S. Supreme Court will soon rule in a case that tests the limits of registering trademarks involving living public figures with a proposed mark for "Trump Too Small," and the Federal Circuit will weigh in on an appeal that pushes the boundaries of profanities as trademarks. Here are Law360's trademark cases to watch in 2024.

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New York Cases To Watch In 2024

IP Law 360

The coming year's big cases developing in New York courts involve the protracted legal woes of Donald Trump, bribery allegations against Sen. Bob Menendez and a high-stakes fight over whether artificial intelligence has been purposefully deployed to engage in flagrant copyright theft.