3 Count: Chili’s Sabotage
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.
Mon.Jul 15, 2024
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5 Things I learned About Trademarks Recently
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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Why Copyright Won’t Kill AI
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.
Crystal clear? G 2/21 applied to polymorph patents (T 1994/22)
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.
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?
History Has It: Time to Terminate Obviousness-Type Double Patenting
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.
A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
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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Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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Chain Reaction: Did the Beastie Boys Sue the Wrong Restaurant?
Copyright Lately
JULY 15, 2024
The Beastie Boys filed a copyright infringement lawsuit against Chili’s over a ‘Sabotage’ parody, but is it a case of mistaken identity? The Beastie Boys can’t stand it, but did Chili’s really plan it? By now, you’ve probably heard about the copyright infringement and false endorsement lawsuit filed by legendary hip-hop group Beastie Boys against Chili’s Grill & Bar.
Litigating Trade Secrets in Biotech, Life Sciences, and AI: The High-Stakes Battle Over Clinical Trial Innovations
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….
court allows Nike's legal theories and most of its expert testimony against StockX's resales/NFTs
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.
[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?
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
IPO Diversity in Innovation Toolkit
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.
The Servier Case: The Game isn’t Over Yet
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.
Team Blood Donor
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?
Navigating Inventorship of AI-Assisted Inventions: USPTO's Guidance and Implications
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.
9th Circ. Says Filmmaker's Son Took Too Long To Probe Fraud
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.
Trademark Insights: What the First Precedential TTAB Expungement Decision Means for You
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.
Nike Suit Seeks More Than $60M From Counterfeit 'Empire'
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.
New Obviousness Standard for Design Patents Has No Impact on $18 Million Jury Verdict
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.
GM Eyes Deal In Design Patent Fight At PTAB
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.
District Court Charts Middle Ground In Prosecution Bar
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.
Fed. Circ. Upholds Some HVAC Patent Claims In Google Fight
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.
Your Family Member Just Died with a Last Will and Testament – Now What?
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.
Acuitas Seeks Credit For IP Tied To COVID Vax
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.
Copyright From a Birds-Eye View
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.
Netgear Defends RICO, Antitrust Case Against Huawei
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.
Death of a great brand
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™.
Google Wants Antitrust Suit Over AI Features Tossed
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.
Peru sets a limit of five years on rights in a well-known trademark
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
EDTX Judge OKs $445M Chip Verdict Against Micron
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.
Are commercial uses of works of art in the public domain legal?: a look at the Italian case
Garrigues Blog
JULY 15, 2024
Original works of art are protected by copyright until they come into the public domain. But this does not mean they can then be used without any restrictions. Here we look at a few Italian court rulings on this subject. Art is present in every facet of our lives. It is no longer confined to museum walls or catalog pages, we have become used to seeing classic canvases in advertising campaigns, on t-shirts and merchandising products, or parodied in memes on social media.
Crocs Dodges Clog Competitor's Counterclaims In IP Battle
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.
Cleveland Guardians Attack CLEVELAND SPIDERS for Clothing: Summary Judgment Motion Fails on Fraud, Succeeds in Part on Nonuse
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.
Judge Keeps Most Of TM Suit Against Musk's X Corp. Intact
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.
AI News Roundup – Microsoft and Apple forego seats on OpenAI’s board, Washington Post launches AI chatbot, universities revise approach to AI research, and more
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.
Record Labels Sue Verizon Over Internet Users' File Sharing
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.
SpicyIP Tidbit: The Woes of Patanjali Continue as BHC Directs it to Deposit INR 50 Lakhs
SpicyIP
JULY 15, 2024
On the recent order by the BHC directing Patanjali Ayurveda to deposit INR 50 Lakhs, in a Trademark case, we are pleased to bring to you this SpicyIP tidbit by Md. Sabeeh Ahmad. Sabeeh has previously interned with us and is a recent law graduate from AMU, Aligarh. His previous post can be accessed here. Image from here SpicyIP Tidbit: The Woes of Patanjali Continue as BHC directs it to Deposit INR 50 Lakhs By Md.
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