Plagiarism Today

JULY 15, 2024

Beastie Boys file lawsuit over Chili's commercial, record labels sue Verizon and ASCAP sues Reno karaoke bar. The post 3 Count: Chili’s Sabotage appeared first on Plagiarism Today.

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Erik K Pelton

JULY 15, 2024

The following is an edited transcript of my video 5 Things I’ve Learned About Trademarks in 2023. I continue to learn new things about the world of trademarks – even after more than two decades in the field. Here are some of the highlights or recent things I’ve learned: The world of trademark continues to grow. There are more small businesses, more lawyers and trademark practitioners, and more trademark stories and disputes in the news than ever before.

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Plagiarism Today

JULY 15, 2024

We've seen dozens of copyright lawsuits against AI companies. However, that's not the biggest threat AI faces. The post Why Copyright Won’t Kill AI appeared first on Plagiarism Today.

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The IPKat

JULY 15, 2024

The decision of the Enlarged Board of Appeal (EBA) in G 2/21 on the use of post-published evidence to support patentability, was self-confessedly vague and open to interpretation ( IPKat ). Since G 2/21 , Boards of Appeal have united on the interpretation that the evidence standard for inventive step (the "plausibility/credibility test") remains unchanged.

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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 Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand. This dinosaur policy of patent law should be put down by the Federal Circuit, Congressional action, or the Supreme Court.

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IP Law 360

JULY 15, 2024

Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

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Michael Geist

JULY 15, 2024

It isn’t news that the Canadian news sector is broken: the Online News Act has caused more harm the good, the dependence on government funding and regulation has grown dramatically and undermined public trust, and implementing Bill C-18 has become mired in controversy. Peter Menzies spent three decades as a working journalist and newspaper executive, most notably with the Calgary Herald where he served as its editorial page editor, editor in chief and, finally, publisher.

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TorrentFreak

JULY 15, 2024

Three years ago, Canada’s Federal Court of Appeal upheld the first pirate site-blocking order in the country. The landmark decision opened the door to additional and more advanced blocking requests. Indeed, it didn’t take long before NHL broadcasters asked the court for a pirate streaming blocking order of their own. This NHL blocking action was followed by a FIFA World Cup blocking order , which was also granted without further hassle.

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IP and Legal Filings

JULY 15, 2024

INTRODUCTION To identify the role of public funded research in the pharmaceutical industry one has to first determine the problems faced by the public in accessing these inventions and the level of patenting activities in the public funded research institutions in the pharmaceutical sector. The literature shows that major discoveries in the pharmaceutical field that provided a treatment method for many diseases originated in the public funded institutions.

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The IPKat

JULY 15, 2024

The IPKat has received and is pleased to host the following contribution by former GuestKat Mirko Brüß (Brüß Law) analyzing two recent decisions of the Court of Justice of the European Union (CJEU) on the evergreen right of communication to the public. Here’s what he writes: CJEU: New licensing rules for the provision of guest TVs in Germany? by Mirko Brüß In two recent decisions, the CJEU has once again addressed the issue of communication to the public by means of the provision of television r

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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

43(B)log

JULY 15, 2024

Nike, Inc. v. StockX LLC, 2024 WL 3361411, No. 22-CV-0983 (VEC) (S.D.N.Y. Jul. 10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. This opinion deals with various Daubert motions, allowing at least some of the testimony of eight challenged experts in.

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JD Supra Law

JULY 15, 2024

In the rapidly evolving biotech and life sciences sectors, the importance of trade secrets has grown significantly. Companies are investing heavily in research and development to create cutting-edge treatment therapies. Protecting proprietary methodologies and innovations is crucial for maintaining competitive advantage and fostering innovation. Moreover, the rise of artificial intelligence (“AI”) in these fields has….

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43(B)log

JULY 15, 2024

Spotted in the wild: Team Blood Donor "cooling towel" with five colored, overlapping blood drop outlines on label Inova says , "[t] he Olympic-themed gifts add a fun and engaging element to the donation experience, making it more likely for donors to return and continue supporting our lifesaving mission." Unfair free riding or normal participation in popular culture?

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JD Supra Law

JULY 15, 2024

The ECJ confirms its intolerance against conduct that is viewed as originator companies buying off competition from generic companies about to enter the market and thereby unduly prolonging their monopoly. Such conduct, which directly goes against the political objective of guaranteeing patients access to affordable medicines in Europe, is considered by the ECJ particularly harmful to competition.

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IP Law 360

JULY 15, 2024

The Ninth Circuit affirmed Friday a lower court order confirming an $8.7 million arbitral award in a long-running family dispute over a prominent Mexican film producer's film collection, saying the producer's son waited years too long to probe whether his siblings fraudulently tainted the award.

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JD Supra Law

JULY 15, 2024

This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a significant advancement in AI policy, it is not the first initiative by the USPTO in this area. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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IP Law 360

JULY 15, 2024

Nike filed a federal lawsuit on Monday for more than $60 million against a popular Los Angeles company producing pricey customized sneakers that the sportswear giant claims unlawfully uses Nike's designs and intellectual property, saying the company and its founder are even offering "Nike Counterfeiting 101" classes.

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JD Supra Law

JULY 15, 2024

As a trademark applicant, encountering a prior registration that obstructs your path to registration is never a pleasant experience (nor for your attorneys who have to inform you about it). The frustration only intensifies when it becomes evident that the registered mark has never been used for the specified goods or services.

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IP Law 360

JULY 15, 2024

LKQ Corp. and General Motors Co. are looking to come to a deal to settle a legal dispute over GM's design patent covering fenders at the Patent Trial and Appeal Board.

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JD Supra Law

JULY 15, 2024

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy Comfort vs. Top Brand held that the revised test did not warrant a new trial on an $18.4 million verdict issued under the “improperly rigid” obviousness standard replaced by LKQ.

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IP Law 360

JULY 15, 2024

The Federal Circuit has affirmed a Patent Trial and Appeal Board decision that handed a partial win to EcoFactor Inc. in a patent challenge brought by Google LLC.

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JD Supra Law

JULY 15, 2024

The U.S. District Court for the District of Delaware recently issued a protective order settling a dispute over the scope of a proposed prosecution bar. Aerin Medical Inc. v. Neurent Medical Inc., No. 23-756, Dkt. Nos. 66, 68 (D. Del. May 7, 2024). The parties agreed on a bar prohibiting, for a two-year period, those who accessed the opposing party’s highly confidential information from participating in patent prosecution related to the relevant subject matter, i.e., nasal treatment.

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IP Law 360

JULY 15, 2024

Acuitas Therapeutics wants to set the record straight about its involvement in a handful of patents that Alnylam Pharmaceuticals asserts were swiped to create the COVID-19 vaccine developed by Pfizer, BioNTech and Acuitas, saying in a lawsuit in Delaware federal court Monday that Acuitas scientists should be listed as co-inventors.

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Stock Legal Blog

JULY 15, 2024

We receive a lot of phone calls from prospective clients who have just suffered the loss of a family member. In these sad conversations, they often want to know what steps to take next, who else should be called, if there’s anything that is time sensitive. These people are grieving, so we often wish to advise them that there is no rush, to get the funeral and other family matters taken care of, and then to call us in due course.

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IP Law 360

JULY 15, 2024

Router maker Netgear is coming out in defense of its suit accusing the Chinese government-affiliated Huawei of racketeering and antitrust violations, saying that the tech company has attacked its claims by "overstating the pleading requirements and ignoring the law.

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BYU Copyright Blog

JULY 15, 2024

Copyright From a Birds-Eye View Pictorial Works,University July 15, 10:51 AM July 15, 10:51 AM This case involves professional photographer Cameron Davidson (Davidson) and Howard University (the University) in Washington, D.C. Last month, in June 2024, Davidson filed a suit after discovering that Howard University had used one of his photographs in their school newspaper, The Hilltop.

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IP Law 360

JULY 15, 2024

Google has urged a D.C. federal court to toss a suit from newspaper owners accusing the tech giant of violating antitrust law through its roll-out of generative artificial intelligence features, among other practices, saying the news outlets haven't alleged the existence of an online news market.

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Likelihood of Confusion

JULY 15, 2024

Originally posted 2013-01-21 08:00:11. Republished by Blog Post Promoter“Has the Bin Laden brand jumped the shark?” Hey, who said “death“? UPDATE: Ok, ok, Death. The post Death of a great brand appeared first on LIKELIHOOD OF CONFUSION™.

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IP Law 360

JULY 15, 2024

U.S. District Judge Rodney Gilstrap has said there is no reason for the Texas court to wait for the Patent Trial and Appeal Board to rule on the validity of a patent tied to part of a $445 million jury verdict against Micron Technology that came down in May.

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Garrigues Blog

JULY 15, 2024

For the first time, Peru has established a time restraint on the continuing recognition of a well-known trademark. The Indecopi has determined that the term within which a titleholder may invoke the rights inherent in that reputation is five years from the date of its recognition by the competent authority. When this period has elapsed, it will be necessary to submit the requisite proof demonstrating that the trademark continues to enjoy its reputation in the market A well-known mark is one whic

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IP Law 360

JULY 15, 2024

A Colorado federal judge has tossed a pair of counterclaims alleging anticompetitive conduct by Crocs in the shoe company's intellectual property lawsuit against a smaller rival, with the judge concluding that the rival never claimed Crocs said anything untrue or in bad faith.

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JD Supra Law

JULY 15, 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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IP Law 360

JULY 15, 2024

Elon Musk's Twitter rebrand X Corp. suffered a setback Monday after a Florida federal judge kept intact most of a trademark infringement complaint by X Social Media LLC, an advertising agency for attorneys, with only one claim dismissed from the suit.

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The TTABlog

JULY 15, 2024

Major League Baseball's Cleveland Guardians trace their history back to a 19th Century team called the Cleveland Spider s. Applicant Adam Barrington's application to register the mark CLEVELAND SPIDERS and the two marks shown immediately below, for various clothing items, was met with an opposition by the Guardians, who alleged, inter alia , fraud, nonuse, and likelihood of confusion with the registered marks CLEVELAND and C for clothing.

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IP Law 360

JULY 15, 2024

A group of the biggest music labels in the world is suing Verizon for allegedly profiting from what they call "pervasive" and "staggering" copyright infringement of the labels' music, saying in a complaint that the internet service provider "deliberately turned a blind eye" to music pirating on its network.

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