TorrentFreak

JULY 19, 2022

The first was Atlas Electronics, a Michigan-based retailer of unauthorized IPTV services, and company owner Alaa Al-Emara. The second was iStar Company, the supplier of iStar set-top boxes and the operator of the iStar IPTV service sold by Atlas, plus company owner Ahmed Karim. Naming Atlas Electronics Inc.

Copyright Infringement 133

Copyright Infringement Copyright Settlement Branding 133

LexBlog IP

JANUARY 18, 2024

2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents. Lundbeck A/S, et al.

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Advertising Advertising Marketing Marketing 52

The IPKat

AUGUST 10, 2023

News Last week, the living relatives of Henrietta Lacks reached a settlement with the biotechnology company, Thermo Fisher Scientific. A lawsuit filed in 2021 argued that the company had unjustly enriched itself using Lacks's cells, which were harvested without her knowledge or consent, as part of “ a racially unjust medical system.”

Designs 52

Designs Design Settlement Trademark 52

Technology & Marketing Law Blog

MAY 22, 2022

Al-Ahmed unsuccessfully tried numerous arguments to get around Section 230: “the Ninth Circuit has been dubious of large Internet companies seeking special privileges under the CDA,” citing Roommates.com. Section 230 was about “protecting children from exposure to pornographic and obscene material.”

Contracts 92

Contracts Government Publishing Blogging 92

IP Law 360

AUGUST 3, 2021

An FBI agent testified during a criminal trade secret theft trial Tuesday that Applied Materials Inc.

Intellectual Property 40

Intellectual Property IP 40

IPilogue

MARCH 21, 2023

What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? On January 10th, 2023, the Federal Court of Appeal released one of its first trademark decisions of the year in Puma SE v Caterpillar Inc. The court found the new evidence to be material.

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Branding Brands Branding Designs 104

Indiana Intellectual Property Law

MARCH 30, 2023

Portland, Indiana – Plaintiff Alexander Bayonne Stross (‘Stross”) has filed suit against Defendants, Lynn Boolman Auto Sales Limited Liability Company and CARSFORSALE.COM, INC. Defendant, CARSFORSALE.COM, INC founded over 20 years ago, is an online auto marketplace operating out of Sioux Falls, South Dakota.

Copyright Infringement 52

Copyright Infringement Copyright Artistic Work Copying 52

Technology & Marketing Law Blog

OCTOBER 8, 2022

Dropbox, Inc. Bumble, Inc. The most recent court to scowl in the direction of a company that purported to unilaterally update its terms-of-use agreement with little or no notice to users was Int’l Markets Live, Inc. Barnes & Noble Inc. Savings.com, Inc. This was the key takeaway in Sifuentes v.

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Marketing Marketing Contracts Business 127

SpicyIP

AUGUST 16, 2023

Kuruganti had previously accused Pepsico (apparently, an agricultural company which claims to strengthen farmer livelihoods) of being anti-farmer. a group company of Pepsi Inc. which later became Frito-Lay North America, Inc. FLNA’), was unstamped and unattested by witnesses.

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Registration Settlement Branding Brands 98

43(B)log

SEPTEMBER 28, 2021

Crocs, Inc. Effervescent, Inc., 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

False Advertising 83

False Advertising Advertising Advertising Invention 83

Trading Secrets

FEBRUARY 23, 2023

In AirFacts, Inc. In AirFacts, Inc. As part of his employment with AirFacts, de Amezaga signed an employment agreement which, among other things, required him to indemnify AirFacts for any “material” breaches of the agreement. Approximately one month later, de Amezaga applied for a job with a travel agency.

Contracts 59

Contracts Licensing Litigation Confidentiality 59

Patently-O

AUGUST 15, 2022

The Federal Circuit had previously broadly applied the non-statutory doctrine to prevent a prior owner of patent rights (the “assignor”) from later challenging the validity of those rights. Minerva Surgical, Inc. Hologic, Inc. , Hologic, Inc. Minerva Surgical, Inc. , by Dennis Crouch. 2298 (2021).

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Invention Patent Application Inventor Patent 60

The IP Law Blog

FEBRUARY 9, 2023

Section 230 of the Communications Decency Act (“CDA”) provides immunity to “interactive computer services” providers against certain types of legal claims, such as when harmful material is posted on their site by third parties. GoDaddy, Inc., GoDaddy, Inc., On February 3, 2023, in the case Rigsby v.

Publishing 98

Publishing Privacy Law Trademark 98

TorrentFreak

FEBRUARY 7, 2023

While this was a setback for Bungie, the court gave the company an opportunity to file a new complaint to address these shortcomings, which it did soon after. The hacking and theft claims only apply to James May, who’s described as a third-party cheat developer. However, May believes this is what happened.

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Contracts Privacy Copyright Infringement Copyright 123

Patently-O

SEPTEMBER 13, 2022

Although the doctrine was retained, the Court also concluded that the Federal Circuit had applied the doctrine “too expansively.” Minerva Surgical, Inc. Hologic, Inc. , Hologic, Inc. Minerva Surgical, Inc. , 2d 689 (June 29, 2021). 4th 1358 (Fed. Minerva Petition.

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Invention Inventor Patent Application Patent 60

IP Tech Blog

NOVEMBER 30, 2022

In Punchbowl, Inc. Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in Jack Daniel’s Properties, Inc. Punchbowl, Inc. is an events company, boasting clientele that includes The Walt Disney Company, Chuck E. VIP Products LLC. Background.

Branding 57

Branding Brands Branding Fair Use 57

Trading Secrets

NOVEMBER 28, 2022

Many restrictive covenant agreements rely on various abbreviations to streamline the contractual language, including most notably the use of “Company” as a stand-in for the employer’s name. Later, Dingman moved to New Hampshire and transferred to another Schnitzer subsidiary, Prolerized New England Company, LLC (“Prolerized”).

Contracts 59

Contracts Business Government Law 59

LexBlog IP

MARCH 22, 2023

Following the release in November of the now popular generative AI platform ChatGPT by OpenAI, companies including Microsoft and Google are rushing to release their own generative AI services or integrate them into their existing offerings. That “data” typically includes other creators’ copyrighted material.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

LexBlog IP

NOVEMBER 7, 2023

.” [2] Thus, any attempt by a user to avoid or bypass technical barriers on use of digital copyrighted material—such as print to PDF for non-downloadable documents—is illegal under the DMCA. The exemption was proposed by Jonathan Weiss of Chinnu, Inc., Reply comments will then be due March 19, 2024. 1201(a)(1)(A). [2]

Copyright 52

Copyright Technology Copying Privacy 52

LexBlog IP

FEBRUARY 23, 2023

In AirFacts, Inc. In AirFacts, Inc. As part of his employment with AirFacts, de Amezaga signed an employment agreement which, among other things, required him to indemnify AirFacts for any “material” breaches of the agreement. Approximately one month later, de Amezaga applied for a job with a travel agency.

Licensing 52

Licensing Contracts Litigation Confidentiality 52

LexBlog IP

NOVEMBER 28, 2022

Many restrictive covenant agreements rely on various abbreviations to streamline the contractual language, including most notably the use of “Company” as a stand-in for the employer’s name. Later, Dingman moved to New Hampshire and transferred to another Schnitzer subsidiary, Prolerized New England Company, LLC (“Prolerized”).

Contracts 52

Contracts Business Government Law 52

LexBlog IP

NOVEMBER 30, 2022

In Punchbowl, Inc. Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in Jack Daniel’s Properties, Inc. Punchbowl, Inc. is an events company, boasting clientele that includes The Walt Disney Company, Chuck E. VIP Products LLC. Background.

Branding 52

Branding Brands Branding Fair Use 52

IP Intelligence

MAY 3, 2021

In Hologic, Inc. Minerva Surgical, Inc. April 22, 2020), the Federal Circuit declined the “invitation to ‘abandon the doctrine’ of assignor estoppel” and, after concluding that the district court did not abuse its discretion in applying the doctrine, affirmed the district court’s grant of summary judgment of no invalidity.

Patent 52

Patent Patent Infringement Marketing Marketing 52

TorrentFreak

DECEMBER 7, 2021

Hacking group Team-Xecuter was a thorn in the side of major gaming companies for a long time. “Plaintiff Nintendo of America Inc. Circumventing technological protection measures is not outlawed globally but the consent judgment clarifies that the proposed order can be applied and enforced around the world.

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Social Media Copying Government Advertising 128

Trading Secrets

JUNE 22, 2022

5th 537 (2022), the Court of Appeal found that section 16601 applied to a three year post-termination non-solicitation of customer provision in an employment agreement and upheld the trial court’s decision to enforce the provision against the executive/seller who entered into a joint venture. Silvermark).

Ownership 98

Ownership Business Contracts Law 98

43(B)log

OCTOBER 10, 2023

Wealthy, Inc. Defendant Buczkowski is the owner and operator of Wealthy, allegedly a “leading entrepreneurship, finance, business, real-estate and self-improvement company.” Defendant Buczkowski is the owner and operator of Wealthy, allegedly a “leading entrepreneurship, finance, business, real-estate and self-improvement company.”

Advertising 64

Advertising Advertising False Advertising Social Media 64

43(B)log

SEPTEMBER 8, 2021

To accommodate different types of dental procedures, mixing tips vary in their diameter, the length of the helixes that mix component materials, and cap sizes.” Mixpac’s Director of Technology and Innovation testified that applying the colors to the mixing tips adds significant time and cost to the production. Mixpac owned twelve U.S.

Advertising 75

Advertising Advertising Marketing Marketing 75

43(B)log

AUGUST 16, 2021

Bluegreen Vacations Unlimited, Inc. The Marketing Defendants allegedly advertise their services on the Third-Party Marketing Defendants’ websites that rate various timeshare exit companies. First, the court rejected the argument that Rule 9(b) applied to the false advertising claims. Timeshare Lawyers P.A., 2021 WL 3552175, No.

False Advertising 72

False Advertising Advertising Advertising Contracts 72

Trademark and Copyright Law Blog

MAY 8, 2020

Public.Resource.Org, Inc., The Court, applying logic from Wheaton v. The copyright in these additional resources belongs to Georgia’s Code Revision Commission (the “Commission”) through a work-for-hire agreement with the private company (LexisNexis) that helps compile them. Public.Resource.Org, Inc. Public.Resource.Org.,

Copyright 52

Copyright Cease and Desist Government Public Domain 52

IPilogue

OCTOBER 19, 2022

There isn’t in the United Kingdom, but the Federal Court in Bell Can ada v L3D Distributing Inc (INL3D) 2021 FC 832 (“ L3D Distributing ”) thought there was in Canada and the defendants had done it. This caution applies particularly where the case is undefended, as L3D Distributing was, and the plaintiffs are asking the Court to make new law.

Copyright Infringement 106

Copyright Infringement Copyright IP Designs 106

43(B)log

FEBRUARY 9, 2022

Glock, Inc., Statute of limitaions: On the pleadings, Johnson sufficiently alleged that the delayed discovery rule applied. None of the materials from Glock, including the materials that came with the gun or the statements on Glock’s website, revealed or even mentioned the possibility of the Defect. 2021 WL 6804234, No.

False Advertising 59

False Advertising Advertising Advertising Confidentiality 59

IP and Legal Filings

FEBRUARY 7, 2022

The Plaintiffs are professional services companies that provide assessments of cognitive, behavioral, and personality traits for education, business management training, and leadership development. In so far as The Lanham Act claims go, The Court concluded that the Lanham Act should not be applied extraterritorially in this case.

Trademark 54

Trademark Intellectual Property Licensing Copyright 54

Patently-O

APRIL 25, 2024

Over the past several years, patent attorney Zachary Silbersher has been pursuing FCA qui tam lawsuits against pharmaceutical companies who allegedly fraudulently obtain patent rights and then use those exclusive rights to charge the Federal Government high prices for the resulting drugs. Int’l, Inc. , United States ex rel.

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Patent Government Art Reporting 57

The TTABlog

AUGUST 2, 2021

The Board found that Shen knew he was not the owner of the mark, that his false statement of ownership was material to the registration, and that he intended to deceive the USPTO. American Crocodile International Group, Inc. Petitioner Fuji is a Japanese company that makes and has sold massage chairs since 1954. UVeritech, Inc.

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Registration Ownership Licensing Trademark 52

LexBlog IP

FEBRUARY 29, 2024

Ironically, Disney itself is one of the biggest developers of new creative works based on public domain material: from Cinderella (based on characters depicted in the French book Cendrillon , from 1697) to Snow White (based on the brothers Grimm story from 1812), to cite only a couple of examples. Applicant: Disney Enterprises, Inc.

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Public Domain Intellectual Property Copyright Trademark 52

The IPKat

MARCH 14, 2024

The provisions of the Copyright Act regarding authorship and ownership of audiovisual works are clear and would apply as stated if there are no contrary contractual arrangements.

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Copyright Cease and Desist Ownership Registration 78

The TTABlog

MAY 19, 2022

In re Smith & Loveless, Inc. Undaunted, on July 2, 2019, the applicant applied to register the same mark for the same goods (asserting in this appeal that the second application was filed "so that full consideration to Applicant's arguments could be had." The Board came to the same conclusion as previously.

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Registration Designs Design Copyright 57