Plagiarism Today
SEPTEMBER 17, 2024
Music companies are increasingly targeting businesses who use their music on social media. Here's what you need to know. The post The Battle Over Music in Social Media Videos appeared first on Plagiarism Today.
Erik K Pelton
SEPTEMBER 17, 2024
We are a small business and we specialize in helping small businesses protect their brands. Here are 5 essential tips for anyone starting a new venture. The post Do These 5 Things When Starting a New Business appeared first on Erik M Pelton & Associates, PLLC. We are a small business and we specialize in helping small businesses protect their brands.
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Plagiarism Today
SEPTEMBER 17, 2024
American Hockey league and teams sued over music in social media, indie filmmakers fight for DMCA subpoenas and Miley Cyrus sued over Flowers. The post 3 Count: Hockey Fight appeared first on Plagiarism Today.
Erik K Pelton
SEPTEMBER 17, 2024
The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” The simple answer is YES. No attorney is necessary. But just because you CAN does not mean that you SHOULD. By attempting to register a trademark without counsel, a business may create more problems than it began with, may incur more expenses than it would have by hiring a professional from the s
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?
TorrentFreak
SEPTEMBER 17, 2024
In August, Cox Communications filed a petition at the U.S. Supreme Court , requesting a review of a Fourth Circuit ruling that held the company liable for pirating subscribers. The Internet provider ultimately challenges a $1 billion jury verdict in favor of major record labels, including Sony and Universal, arguing that it has far-reaching implications for Internet providers and the broader American public.
JD Supra Law
SEPTEMBER 17, 2024
In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors. The case involved plaintiff Compulife Software, Inc. (“Plaintiff” or “Compulife”) – in the business of generating life insurance quotes on the internet – and a group of Compulife competitors and others (“Defendants”) who allegedly misappropriated Plaintiff’s.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
SEPTEMBER 17, 2024
In a couple of weeks the UK’s BeStreamWise anti-piracy campaign will celebrate its one-year anniversary. Launched last October, the campaign aims to deter citizens from consuming live sports from pirate IPTV services and other platforms offering illegal streams. With the slogan “Illegal Streams Let Criminals In” companies including Sky, Premier League, FACT, and ITV, hope that consumers will weigh cheap prices against the risk of malware and fraud, before concluding that a legal subs
IP Law 360
SEPTEMBER 17, 2024
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
Copyright Alliance
SEPTEMBER 17, 2024
During the year, several bills have been introduced in Congress that, if passed, would require generative AI companies to be transparent and disclose to the public the makeup and source […] The post Requiring AI Transparency Won’t Destroy the Trade Secrets of AI Companies appeared first on Copyright Alliance.
IP Law 360
SEPTEMBER 17, 2024
Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.
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.
JD Supra Law
SEPTEMBER 17, 2024
A woman in Texas filed a new lawsuit last Monday accusing Cleveland Browns quarterback Deshaun Watson of sexual assault and battery in 2020.
IP Watchdog
SEPTEMBER 17, 2024
You need to have a purpose and a goal. You need to be addressing an identifiable problem with a real, concrete, technical solution. And you need to focus on something that will actually matter to the client. Sure, with smaller portfolios each patent needs to really count, but even if you are acquiring patents by the thousands, for those innovating in the standards space, for example, you need to make sure the patent you will get actually reads on the standard, because as Eli and I discuss, a pat
JD Supra Law
SEPTEMBER 17, 2024
There is a tendency to think of data as generic, especially when it is vast, but the uniqueness of mineral data makes it the ultimate non-commodity, primed to take advantage of AI.
IP Watchdog
SEPTEMBER 17, 2024
The U.S. Patent and Trademark Office (USPTO) on Tuesday announced a final rule on Motion to Amend (MTA) practice. It largely tracks the March 2024 notice of proposed rulemaking (NPRM) on the topic, making permanent certain aspects of the Motion to Amend (MTA) Pilot program and revising rules around the burden of persuasion governing MTAs. However, the final rule did take into account the six public comments it received on the NPRM via several changes and clarifications.
JD Supra Law
SEPTEMBER 17, 2024
What do Scarlett Johansson, Drake, The Weeknd, and Taylor Swift have in common (besides being among this millennial’s fav celebs)? They all have the distinct displeasure of becoming a target of deepfake technology – a type of AI that creates fake, but highly realistic-looking audio, images, or videos using the likeness and/or voice of its victim.
Patently-O
SEPTEMBER 17, 2024
by Dennis Crouch The Federal Circuit is set to hear oral arguments in November 2024 in Teva v. Amneal , No. 24-1936, a case that could significantly impact Orange Book patent listing (and delisting) practices under the Hatch-Waxman Act (formally known as the Drug Price Competition and Patent Term Restoration Act of 1984). Hatch-Waxman established a framework for generic drug approvals in the United States.
JD Supra Law
SEPTEMBER 17, 2024
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
The TTABlog
SEPTEMBER 17, 2024
The USPTO refused to register the proposed mark BRAINCARE for various goods and services related to the analysis of brainwave activity, deeming the mark to be merely descriptive under Section 2(e)(1). Applicant argued on appeal that the terms “brain” and “care” include so many different definitions that the mark could relate to just about anything, that the mark is merely suggestive because it does not "identify" a type of software or service, and that third parties have registered marks that in
JD Supra Law
SEPTEMBER 17, 2024
Celanese International Corporation, Celanese (Malta) Company 2 Limited, and Celanese Sales U.S. Ltd. (collectively, “Celanese”) filed a petition before the United States International Trade Commission (the “ITC”), alleging that Anhui Jinhe Industrial Co., Ltd., Jinhe USA LLC (collectively “Jinhe”) and other entities violated 19 U.S.C. § 337.
IP Close Up
SEPTEMBER 17, 2024
Eight patent-related bills intended to restore U.S.
JD Supra Law
SEPTEMBER 17, 2024
This Federal Circuit opinion addresses a district court’s decision granting plaintiff’s motion for a preliminary injunction. Background - Plaintiff Natera, Inc. (“Natera”) and defendant NeoGenomics Laboratories, Inc. (“NeoGenomics”) are research focused healthcare companies operating in the oncology testing industry. Both companies manufacture products used for early detection of cancer relapse.
Dear Rich IP Blog
SEPTEMBER 17, 2024
Dear Rich: I run a volunteer-run/non-profit educational program for students who have failed the Naplex several times. I saw PowerPoints posted publicly on a school's website, which I thought would be useful. They are available publicly for everyone to see and download. The website does not have a notice about not being allowed to use them. I intended to cite the source and include the author's name in the title.
JD Supra Law
SEPTEMBER 17, 2024
When a renowned band like The Smiths breaks up, the fate of their trademark can become a contentious issue. Recently the former Smiths frontman, Morrisey, reported that guitarist, Johnny Marr had applied to register The Smiths trademark. I was “shocked into shame to discover” the recent dispute over The Smiths' trademark which highlights a basic principle of trademark law: typically, when a partnership dissolves (such as a band) no single member has the right to exclusively use the band's name.
IIPRD
SEPTEMBER 17, 2024
INTRODUCTION International Space law is organized in its manner regulating activities and explorations beyond Earth, but we also need to understand what exactly space rights are about intellectual property. If there were no Intellectual Property Rights in today’s era it would be chaos in today’s world. The Owner of any invention has its struggle behind its creation, whether or not it is related to individual interest or huge space explorations, the Intellectual Property should be pro
JD Supra Law
SEPTEMBER 17, 2024
Speck v. Bates, No. 2023-1147 (Fed. Cir. May 23, 2024) addressed two issues, (1) whether courts should apply a one-way test or a two-way test to determine if pre-critical claims materially differ from post-critical claims, such that an exception to the one-year time-bar on interference proceedings applies, and (2) whether Bates’ pre-critical claim language materially differed from his post-critical claim language, which dictates whether his claims were time-barred.
IP Law 360
SEPTEMBER 17, 2024
A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.
JD Supra Law
SEPTEMBER 17, 2024
When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening litigation for the target's failure to do so. Such letters are often ill-advised.
IP Law 360
SEPTEMBER 17, 2024
The maker of Bible index tabs has sued a Chinese company allegedly selling knock-offs on Amazon that copy the brand's "expressive, ornamental and distinctive floral designs.
Likelihood of Confusion
SEPTEMBER 17, 2024
Originally posted 2015-04-29 17:06:30. Republished by Blog Post PromoterGizmodo seems to be the epicenter of this intriguing concept. Hat tip to attorney Brett Trout. The post Boycotting the RIAA? appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
SEPTEMBER 17, 2024
A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.
Patent Trademark Blog
SEPTEMBER 17, 2024
Is it too late to apply for a design patent after product sales? Sellers of uniquely looking products face an age-old dilemma. Should they apply for a design patent first or sell the product and see how it goes? If you sell first, have you lost the ability to obtain a patent? How long after selling a product can you still file a design patent? There might be good news depending on your situation.
IP Law 360
SEPTEMBER 17, 2024
The Second Circuit on Tuesday held that doll manufacturer American Girl LLC could move ahead with its New York federal suit accusing a China-based company of selling counterfeit versions of its dolls, finding that American Girl showed the defendant transacted business in the state.
IP.com
SEPTEMBER 17, 2024
Join IP.com at IPWatchdog LIVE 2024 Exciting News! IP.com is proudly sponsoring IPWatchdog LIVE 2024 at the Renaissance Arlington Capital View Hotel, September 29 through October 1. Bringing together the intellectual community – from politicos, to business executives, to attorneys, and inventors, IPWatchdog Live gives everybody from all sides of the debate the opportunity to have a fulsome discussion of the most important issues facing the industry from their perspectives.
IP Law 360
SEPTEMBER 17, 2024
The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.
Christopher Roser
SEPTEMBER 17, 2024
As part of my Grand Tour of German Automotive, I also visited the Volkswagen Transparent Factory Dresden (Gläserne Manufaktur). This plant is something of an oddball in automotive manufacturing, very different from all other automotive plants I have seen. Its purpose is quite different from “normal” car plants, and hence it cannot really be compared.
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