Plagiarism Today
JULY 12, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Oracle Sues NEC Over Alleged Software Contract, Copyright Violations. First off today, Blake Brittain at Reuters reports that Oracle American has filed a lawsuit against NEC Corp alleging that NEC is using Oracle software, namely its biometric identification system, in a way that exceeds the terms of their license.
The IPKat
JULY 14, 2021
Can the shape of a lipstick case function as an indicator of commercial origin? The answer is yes when such case is the iconic and immediately recognizable (at least to lipstick lovers!) one of Rouge G de Guerlain : Today, also the General Court did agree in its judgment in T-488/20 Guerlain [currently only available in French]. The judgment (correctly) reverses the earlier, contrary decision of the EUIPO First Board of Appeal ( 2292/2019-1 ).
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Erik K Pelton
JULY 15, 2021
Here are what I believe are The Keys to Branding Success: S start thinking about brand protection from the outset. U use mark properly. C creative names are bolder and better. C clearance searc h before committing to a name. E early filing for trademark registration. S shield against infringers when needed. S specialist: work with experienced professional to improve odds of SUCCESS.
Hugh Stephens Blog
JULY 14, 2021
Given a choice between reaching “voluntary” agreements with news publishers for use of news content online and being compelled to do so by government, the dominant internet platforms (Google, Facebook) are now doubling down on negotiations with news providers. Mind you, there is nothing like a hanging in the morning to focus the mind. The … Continue reading "Negotiating Payment for Use of News Content on Dominant Internet Platforms: What’s Needed to Reach a Fair Deal?
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?
Plagiarism Today
JULY 13, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Google Fined €500m by France’s Antitrust Watchdog Over Copyright. First off today, Reuters reports that France’s anti-trust watch dog has fined Google €500 million ($591 million) for failing to conduct talks with the country’s news publishers and secure rights under a new European Union (EU) law.
Art Law Journal
JULY 15, 2021
Steve Schlackman. If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright?
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
JULY 14, 2021
Image from here. We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat.
Plagiarism Today
JULY 12, 2021
Last week, Slate published an anonymous article from an author who, according to their story, served as an essay mill ghostwriter for several months during the pandemic. Their story starts as one that will be familiar to many. Saddled with student debt and facing dwindling job opportunities due to the pandemic, they were approached by a friend with a job offer.
Patently-O
JULY 15, 2021
Interesting pending civil action in Grupo Bimbo v. Hirshfeld (E.D.Va. 2021). The Mexican company Grupo Bimbo makes more bread than any other company — including Wonder Bread and Sara Lee brands in the USA. Bimbo is attempting to register a mark for its “ARTESANO” line of bread — after apparently selling more than $1 billion in pre-packaged sliced bread product.
The IPKat
JULY 13, 2021
Two paws for Autostore, one tail (not pictured) for Ocado Last week the Court of Appeal upheld a decision of His Honour Judge Hacon in Autostore v Ocado [2021] EWCA Civ 1003 where he refused an injunction to stop the use of materials in the US by AutoStores where Ocado contended that such use was in breach of confidentiality as part of confdiential and without prejudice discussions.
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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.
Technology & Marketing Law Blog
JULY 10, 2021
Daniels is a YouTuber apparently of the #MAGA persuasion. Represented by Maria Cristina Armenta and Credence Elizabeth Sol, best known for litigating an ultimately unsuccessful censorial “Innocence of Muslims” lawsuit against YouTube, Daniels brought a routine “YouTube-is-censorsing-me” lawsuit seeking to impose must-carry obligations on YouTube.
SpicyIP
JULY 13, 2021
Image from here. A recent article by Paul Sullivan in the New York Times reported on an interesting change occurring in the music industry due to the pandemic. With live performances practically being shut down due to the pandemic, musicians across the world lost a significant portion of their income stream. While online streaming was expected to be a substitute, it turned out to be abysmally low [You can read about how much musicians make through streaming services here and here ].
Patently-O
JULY 16, 2021
by Dennis Crouch. BOT M8 v. Sony ( Fed. Cir. 2021 ). Pleading Standards : The starting point of a civil lawsuit is the filing of the complaint that makes a claim for relief. FRCP 3. In order to properly state a claim, the rules require “a short and plain statement of the claim showing that the pleader is entitled to relief.” FRCP 8. For many years, the rules included an Appendix of Form Complaints deemed legally sufficient to satisfy R. 8.
JD Supra Law
JULY 15, 2021
Yeezy, LLC and Kanye West have a history with Walmart in the world of intellectual property and trademark rights. Most recently, Yeezy sued Walmart and third-party sellers for unfair competition for selling copycats of Yeezy’s famed Foam Runner Shoes.
Technology & Marketing Law Blog
JULY 16, 2021
Advertising/E-Commerce. * Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices.
Velocity of Content
JULY 15, 2021
As we progress through July into the second half of 2021, CCC is staying busy. We recently implemented a rebrand, adopting a new company logo and redesigning our website. And we have migrated all transactional permission services to Marketplace , created a K-12 online certificate course , and launched an Annual Copyright License for Curriculum and Instruction.
The IP Law Blog
JULY 15, 2021
In recent years, the Supreme Court has decided a number of cases, including Bilski v. Kappos, Mayo Collaborative Servs. v. Prometheus Labs., Ass’n for Molecular Pathology v. Myriad , and Alice Corp. v. CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § 101. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.
JD Supra Law
JULY 16, 2021
Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college athletes. This was, of course, to be expected with the NCAA acting with last minute haste (rather than methodical planning) coupled with the euphoria of athletes who could finally make endorsement money without losing NCAA eligibility.
Technology & Marketing Law Blog
JULY 12, 2021
Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law. The court meanders through the allegations in the complaint, noting that “the precise nature of plaintiffs’ claims lack clarity.
SpicyIP
JULY 16, 2021
We’re pleased to inform you that The IP Press Law Review is inviting submissions for its inaugural issue. The deadline for submissions is September 19, 2021. For further details, please see the journal’s call for submissions below: Call for Submissions | The IP Press Law Review [Vol. I, Issue I]. About The IP Press . The IP Press is a team of IP-Holics, who started this blog to ensure access to the latest intellectual property (IP) issues for all the IP hopefuls.
IPilogue
JULY 16, 2021
Elle at the Zvelle factory located in Italy. Photo Credits: Zvelle. Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School. . Alessia Monastero is an Associate Lawyer at Bhole IP Law and a Deputy Editor for the IPilogue. . On April 19, 2021, Canada’s Minister of Finance Chrystia Freeland donned a new pair of shoes to announce the annual federal budget, as per tradition, this time from the Toronto-based artisanal shoe company Zvelle.
The IPKat
JULY 15, 2021
AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information? According to Poland, the answer should be in the negative. Indeed, shortly after the adoption of the Directive in 2019, this country lodged a complaint ( C-401/19 ) before the Court of Justice of the European Union (CJEU), seeking the partial or - as a subsidiary claim - complete annulment of the
Kashishipr
JULY 14, 2021
With the emergence of a cosmopolitan touch in the food and beverage industry through the introduction of celebrity chefs and mixologists as well as experimental, custom-made, creative dining experiences all over the world, culinary creations, including drinks and food, have become a crucial and valuable business asset. Like any other asset, the question of protecting recipes and corresponding assets through the application of Intellectual Property (IP) laws has gained momentum.
SpicyIP
JULY 13, 2021
We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition. Sangita Sharma. In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values ar
IPilogue
JULY 15, 2021
Photo Credits: Kris Atomic ( Unsplash). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . . Costumes can memorialize iconic movie characters even off-screen. Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them.
IP Blog
JULY 14, 2021
Given that the subject of one of our recent articles in the Everyday IP series was cars, you might think we could not possibly pick an invention more critical to people's daily lives… but computers just might fit that description. After all, you are using one at this very moment to read this article, be it your home or work laptop or the smartphone in your hand — with more processing power than all but the most recent desktop computers.
IP.com
JULY 14, 2021
Willis Carrier invented the air conditioner in 1902 and was granted a patent for the invention in 1906. Carrier’s invention was the culmination of centuries of experimentation with air, water, The post How Popular Inventions Came to Life: Who Invented the Air Conditioner? appeared first on IP.com - IP Innovation and Analytics.
SpicyIP
JULY 13, 2021
We’re pleased to bring to you a post by our Fellowship applicant Nishtha Gupta, analysing the Delhi High Court’s recent decision refusing to stay the release film ‘Nyay: The Justice’ which is allegedly based on the life of late Bollywood actor Sushant Singh Rajput. Nishtha is a 4th year B.A. LL.B. student at the NALSAR University of Law, Hyderabad.
IPilogue
JULY 14, 2021
Photo Credits: Lianhao Qu (Unsplash). Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . “Always eyes watching you and the voice enveloping you. Asleep or awake, indoors or out of doors, in the bath or bed—no escape. Nothing was your own except the few cubic centimeters in your skull.”.
IP Close Up
JULY 13, 2021
The value of the top global brands, which are largely comprised of technology companies, grew at an astonishing 42% since 2020. With global technology brands Continue reading.
JD Supra Law
JULY 12, 2021
The Supreme Court clarified the doctrine of assignor estoppel in its June 29th Minerva v. Hologic opinion. In doing so, the Court vacated the Federal Circuit’s opinion estopping Minerva from arguing that Hologic’s patent is invalid. The technology underlying this case arose in the 1990’s when Csaba Truckai, now CEO of Minerva, invented a device for treating abnormal uterine bleeding that relied upon a moisture-permeable applicator head to destroy certain targeted cells in the uterine lining.
SpicyIP
JULY 12, 2021
Night view of a movie theatre (Image from here ). Last month, the Ministry of Information and Broadcasting received severe criticism from the film industry, free speech advocates, and the public when it announced the Cinematograph (Amendment) Bill 2021 (‘Bill’). This new Bill, which seeks ‘ t o tackle the menace of film piracy ’, is a revision of the Cinematograph (Amendment) Bill 2019 – an earlier version that suffered from several logical and policy issues of its own, as highlighted by Divij,
IPilogue
JULY 13, 2021
Photo Credit: Tai’s Captures ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In music copyright news, producer and DJ iMarkkeyz informed Rolling Stone that his management is in talks with Cardi B’s in the wake of the success of his song, Coronavirus. The song features audio taken from one of Cardi B’s Instagram posts.
Erik K Pelton
JULY 13, 2021
Do you realize that your trademark can be used in many places and many ways? Erik shares more than 50 insightful ways to use, leverage, and strengthen your trademark in this episode. The post 50 Ways to Use Your Trademark appeared first on Erik M Pelton & Associates, PLLC. Do you realize that your trademark can be used in many places and many ways?
JD Supra Law
JULY 14, 2021
In Freelancer International Pty Ltd v. Upwork Global, Inc., the Ninth Circuit (June 22, 2021) affirmed the Northern District of California’s denial of a preliminary injunction against Upworks’s use of Freelancer’s registered trademark FREELANCER in the name of its app “Upwork for Freelancers.” Notably, the case provides some helpful guidelines to companies trying to use a registered mark descriptively: Avoid presenting the mark in a stylized font and avoid identifying the term with a TM.
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