Tue.Jan 07, 2025

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3 Count: Bigger Than Disney

Plagiarism Today

Romantsy authors battle over book similarities, 3Blue1Brown video restored and popular anime pirate site passes Disney. The post 3 Count: Bigger Than Disney appeared first on Plagiarism Today.

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25 Classes of Goods and Services at the USPTO

Erik K Pelton

The following is an edited transcript of my video 25 Classes of Goods and Services at the USPTO. When applying to register a trademark at the USPTO, it is important to know about goods and services and their classification. The classification is important because it’s required by the USPTO, and one of the reasons it’s required is that it aligns our system with other systems around the world.

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Why is Microsoft Impersonating Google?

Plagiarism Today

Microsoft is facing allegations of tricking its users into searching with Bing. But what can be done to stop it? The post Why is Microsoft Impersonating Google? appeared first on Plagiarism Today.

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3 Reasons for a Trademark Watch Service

Erik K Pelton

Why monitor your registered trademark? Erik shares 3 reasons why this is valuable for your brand in this episode. Learn more about monitoring at [link] The post 3 Reasons for a Trademark Watch Service appeared first on Erik M Pelton & Associates, PLLC. Why monitor your registered trademark? Erik shares 3 reasons why this is valuable for your brand in this episode.

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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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Trademark Case Shows Infringement Is Often in the Eye of the Beholder — Federal Court Rules in Favor of Beauty Company’s “Dupe” Mascara Product

JD Supra Law

Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving "dupe" products, and shows there may be a greater tolerance for mimicry in some industries.

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Copyright Cases in 2024: A Year in Review

Copyright Alliance

Over the past year, all eyes have understandably been on the various ongoing cases brought by copyright owners against generative AI companies. But while we await decisions in those cases, […] The post Copyright Cases in 2024: A Year in Review appeared first on Copyright Alliance.

More Trending

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Impact of AI on Global IP Systems

IIPRD

Introduction What is Artificial Intelligence? Creating computer systems capable of carrying out activities that need human intellect is known as artificial intelligence or AI. AI analyses vast volumes of data to spot trends and conclude from the material it has gathered. This may be accomplished by using methods like robotics, computer vision, natural language processing, and machine learning.

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[Audio] The Future of Payments, Technology, and IP: On Record PR

JD Supra Law

In this episode of On Record PR, Jennifer Simpson Carr goes on record with Moish E. Peltz, Partner at Falcon Rappaport & Berkman LLP, to discuss the impact of rising technology like artificial intelligence and cryptocurrency on the evolving business and legal landscapes. By: Furia Rubel Communications, Inc.

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Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis

Velocity of Content

The following is an excerpt from the article The Heart of the Matter: Copyright, AI Training, and LLMs, authored by Daniel Gervais (Milton R. Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC).

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The UK Government Signals the "Status Quo" Cannot Continue for AI and Copyright

JD Supra Law

This status quo cannot continue. With these words, the UK government has made it clear that changes to the AI regulatory regime are on the horizon. The recently published consultation on AI and copyright underscores how current uncertainties in the law risk[] limiting investment, innovation, and growth. The government aims to encourage AI development on UK soil by tackling these hurdles.

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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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Patent Term Adjustments Cut by Applicant Delays: A 23,000 Year Impact

Patently-O

by Dennis Crouch The Patent Term Adjustment (PTA) statute was designed to ensure patent terms aren't unfairly shortened by USPTO delays during prosecution. 35 U.S.C. 154(b). The basic framework provides day-for-day extension of patent term to account for certain examination delays, such as when the USPTO takes more than 14 months to issue a first office action or more than 4 months to respond to an applicant's reply.

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An Influencer’s Guide to Contracts: Key Terms you Can’t Ignore

JD Supra Law

The digital age has rocketed content creators to the forefront of entrepreneurship. Content creators often do more than create content; they build lucrative online presences that serve as platforms for diverse businesses.

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Charter Communications Says VP Stole Trade Secrets

IP Law 360

Charter Communications Inc. filed a lawsuit in Connecticut federal court Tuesday against a former executive it claims made off with trade secrets and began working as a senior vice president and chief information officer of a competitor, Metronet.

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Mark It: 6 Big Trademark, Copyright, and Advertising Trends We are Watching for 2025

JD Supra Law

An increasingly competitive and fractured marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets, enforcing your rights, and mitigating intellectual property risks are more challenging than ever. Here are six trends we have been following closely and we expect the significance of these trends will only grow over the coming year.

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New USPTO Advisers Include Mattel, Estee Lauder Attys

IP Law 360

The U.S. Patent and Trademark Office on Tuesday welcomed six additions to its patent and trademark advisory committees, including lead intellectual property attorneys at The Estee Lauder Cos. Inc. and Mattel Inc.

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Litigation Trends to Watch in 2025

JD Supra Law

Trends to Watch in 2025 January 7, 2025 As we welcome 2025, Wilson Sonsini litigators shed light on the emerging trends and key issues they see shaping the legal landscape, from AI regulation to evolving trade secret laws and increasing scrutiny on corporate disclosures.

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Cooper Standard Says $11M Royalty Fight Can't Be Arbitrated

IP Law 360

The former parent company of a group of international automotive product suppliers has asked a Michigan federal judge not to force arbitration of its lawsuit accusing them of stiffing it out of more than $11 million in royalties, saying the suppliers waived their right to arbitration.

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Federal Circuit Notes Patent in Rejecting Trade Dress Protection

JD Supra Law

As a general rule, in order to be protectable trade dress, a feature of a product, for example, the product's color, must be nonfunctional. That is, the feature must have been an arbitrary choice added to identify the source of the product (think of Owens Corning's pink insulation or T-Mobile's use of magenta).

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Amneal Calls Teva's IP Delisting Panic 'Theatrical Distraction'

IP Law 360

The pharmaceutical industry won't fall into "chaos and disruption" if the Federal Circuit doesn't stay an injunction ordering Teva to remove inhaler patents from the Orange Book, and Teva's arguments otherwise are "a mere theatrical distraction" from the weakness of its position, according to Amneal Pharmaceuticals.

IP 52
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K&C Sports & Entertainment Law Weekly Roundup - January 2025

JD Supra Law

A North Carolina federal judge wont pause his order blockingNASCARfrom enforcing its antitrust release in racing contracts including one for a team owned by former NBA starMichael Jordan for the 2025 season, saying Monday that he did not grant the injunction lightly.

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Fed. Circ. Clarifies Role Of Corrected IP In Construction PGR

IP Law 360

The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision upholding several claims in a Columbia Insurance Co. construction hanger patent, clarifying that the board's finding only applies to the original version of the claims.

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Are Broader Antibody Patents Possible in US Through Means-Plus-Function Claiming?

JD Supra Law

Numerous court decisions over the past decade such as Amgen Inc. v. Sanofi from the US Supreme Court and Juno Therapeutics, Inc. et al. v. Kite Pharma, Inc. from the US Court of Appeals for the Federal Circuit have called into question the validity of broad antibody patent claims, leading some commentators to declare the death of the antibody genus claim.

Patent 60
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PTAB Slims Down 2 Samsung Patents In Galaxy Screen Fight

IP Law 360

The patent board has decided to ax a swath of claims in two Samsung patentscovering ways of arranging pixels that the Korean tech giant is asserting against a major Chinese rival in the business of selling replacement screens for Galaxy-brand cellphones.

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Latest Federal Court Cases - January 2025

JD Supra Law

Honeywell International Inc. v. 3G Licensing, S.A., Appeal Nos. 2023-1354, -1384, -1407 (Fed. Cir. Jan. 2, 2025) In this weeks Case of the Week, the Federal Circuit reversed an inter partes review finding of the Patent Trial and Appeal Board, which had upheld the patentability of challenged claims of appellee 3G Licensings U.S. Patent No. 7,319,718.

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Starbucks' Former IP Head Joins Davis Wright In Seattle

IP Law 360

Batur Oktay, the former leader of Starbucks Corp.'s intellectual property program, has joined Davis Wright Tremaine LLP as a partner in the firm's Seattle office, according to an announcement Tuesday.

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Year in Review: The Most Popular IP Posts of 2024

JD Supra Law

As 2025 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2024. According to many readers, hot IP topics included artificial intelligence (AI), pharmaceutical-related patent applications, and U.S. double patenting, and U.S. patent term adjustment (PTA).

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5 Drug And Device Developments That Shaped 2024

IP Law 360

The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

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First Circuit: Lizzie Borden Themed Coffee Shop Serves Different Goods to Different Consumers from Guests at Lizzie Borden Bed and Breakfast

JD Supra Law

How many years must pass before a grisly murder can support a marketing effort? Apparently, something less than the 132 years since Lizzie Bordens father and stepmother were axe murdered in Fall River, Massachusetts. (Yes, the passive voice is intentionala jury acquitted prime suspect Lizzie, and the murders remain unsolved.).

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Tiger Woods' New League In TM Fight With Equipment Maker

IP Law 360

A new professional virtual golf league launched by Tiger Woods and Rory McIlroy is engaged in a trademark spat with an equipment maker, with the pro golf stars arguing in a Delaware federal lawsuit that their new venture is allowed to use "LA Golf Club" in golf-related branding.

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Client Alert Trademark Filing Fees to Increase in January 2025

JD Supra Law

Will these changes affect your trademark portfolio? Effective January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will increase trademark fees affecting most future trademark application and registration filing costs. This increase is due to the USPTOs biennial review that periodically adjusts the fee schedule to provide the USPTO with sufficient resources to fund and administer the U.S. trademark system.

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Hockey Pro Says Ex-Teammates Stole 'Moms Who Puck' TM

IP Law 360

Two retired professional women's hockey players who started a podcast last year called "Moms Who Puck" have been sued for trademark infringement by a former teammate who alleges they stole that phrase from her, according to a lawsuit in Connecticut federal court.

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The Bowler Chart—Tracking Your Projects

Christopher Roser

Hoshin Kanri (or “policy management” in English) is a way to manage the objectives of both you and your subordinates and also align these objectives with the overall goals and directions of the company. One possible and useful companion document to track the progress of these objectives throughout the year is the bowler chart, or.

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Starbucks Says It Can Target Inventor In Mobile Ordering Feud

IP Law 360

Starbucks has urged the Eastern District of Texas to keep alive its counterclaims against a patent-licensing executive who claims the coffee chain infringed a patent covering a mobile ordering system, accusing him of creating an "extensive thimblerig" of shell entities to avoid paying the cost of his "meritless" cases.

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I enjoy being a trademark lawyer

Likelihood of Confusion

Originally posted 2014-04-09 07:50:34. Republished by Blog Post PromoterJohn Welch at the TTABlog has up what even he acknowledges is an “excit[ing]” post, in which he both imagines himself a woman and quotes this lively Trademark Trial and Appeals Board opinion excerpt concerning the resolution of the Chippendale’s dancer-boy trademark appeal I discussed a while […] The post I enjoy being a trademark lawyer appeared first on LIKELIHOOD OF CONFUSION.

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Rejoinder Strategy After Allergan Double-Patenting Case

IP Law 360

A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.