Plagiarism Today
MARCH 26, 2024
Amicus briefs filed in support of publishers in Internet Archive case, man arrested for selling pirate IPTV devices in Singapore and more. The post 3 Count: Brief Briefs appeared first on Plagiarism Today.
Erik K Pelton
MARCH 26, 2024
A recent r eport from the United States Government Accountability Office detailed the need for better handling of the fraudulent trademark filings at the USPTO. The report, which was sent to the judiciary committees of the House and Senate, as well as the Secretary Commerce, notes that the GAO recommends “improving USPTO’s fraud risk management to help address the problem” of registrations that “may include false or inaccurate claims and could be fraudulent.
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Plagiarism Today
MARCH 26, 2024
Wizards of the Coast is at the heart of another art plagiarism scandal, this one involving a new Magic: The Gathering card. The post Yet Another Magic: The Gathering Plagiarism Scandal appeared first on Plagiarism Today.
TorrentFreak
MARCH 26, 2024
Ever since Italian authorities announced their intent to introduce an even more aggressive anti-piracy blocking system than the one already in place, controversy has rarely been far behind. Recent reports of avoidable overblocking, a reluctance to admit that the Piracy Shield system is fallible, and new reports that telecoms regulator AGCOM is now rejecting complaints from wrongfully blocked Cloudflare customers, are just some of the ingredients in a volatile mix that has always threatened to bo
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?
IP Law 360
MARCH 26, 2024
Online pet goods retailer Chewy Inc. and computing giant IBM Corp. have agreed to drop a patent fight in New York federal court, shortly after a federal appeals court wrote there was a "genuine dispute of material fact" surrounding infringement allegations tied to one of IBM's patent claims.
TorrentFreak
MARCH 26, 2024
After initially denying that Italy’s new Piracy Shield anti-piracy platform had been responsible for any over-blocking, last week telecoms regulator AGCOM conceded that an IP address belonging to Cloudflare had been blocked in error. While that might be considered progress of sorts, the incident was downplayed as minor on the basis it was rectified a few hours later.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Likelihood of Confusion
MARCH 26, 2024
You don’t have to be a bomb-thrower like me to have strong opinions about muscle-bound cease and desist letters. Duets Blogger Steve Baird, no defense-side snowflake, has agreed with me in the past on this topic. He has a new post that includes some great advice for would-be trademark enforcers, whom he advises to put […] The post Cease and desist: Tough but fair appeared first on LIKELIHOOD OF CONFUSION™.
Christopher Roser
MARCH 26, 2024
In my previous post I started to show you how Fendt uses the distance between tractors on their assembly line to manage their quite high variability. By changing the distance between parts on the line, you can adjust the takt time for each part on the assembly line, hence the name Variable Takt. But this. Read more The post Variable Takt at Fendt in Marktoberdorf—Part 2 first appeared on AllAboutLean.com.
Technology & Marketing Law Blog
MARCH 26, 2024
As you know, I am not a fan of the EU’s DSA. Without First Amendment guardrails in the EU, the DSA represents a comprehensive government intrusion into the editorial processes of UGC services–with surely more intrusions to come. This will not end well. One of the DSA’s standout features is that it imposes due process-like obligations on non-governmental actors, as if there is no meaningful distinction between taxpayer-funded public actors and market-supported private actors.
JD Supra Law
MARCH 26, 2024
Listen to Episode 9 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Justin Pierce talks to host Len Gordon about copyright counseling and protection. Check out the episode.
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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.
Copyright Alliance
MARCH 26, 2024
With all 30 Major League Baseball (MLB) teams scheduled to play on March 28, which is opening day, the 2024 season will be upon us before we know it. The imminent […] The post Beyond the Diamond: Exploring the Creative Side of MLB Players appeared first on Copyright Alliance.
JD Supra Law
MARCH 26, 2024
Last week the Federal Circuit handed down a pair of non-precedential decisions affirming the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings. This post concerns the decision in Medtronic, Inc. v. Teleflex Life Sciences Ltd.
IP Law 360
MARCH 26, 2024
A federal magistrate judge in Brooklyn has awarded nearly $1.1 million in legal fees to Spotify's Gimlet Media while calling out "the extensive finger-pointing and mutual accusations" from a software company and its lawyers over who owes fees after bringing a failed trademark suit targeting the "Reply All" podcast.
JD Supra Law
MARCH 26, 2024
Software Escrow is a simple and effective tri-party agreement with mutually agreed terms between the software customer, software supplier, and an independent escrow provider, specifically designed to mitigate risk and protect the interests of all parties involved. Under the Escrow Agreement, the software supplier periodically deposits a copy of the software’s source code and application materials for secure storage, provided by the escrow provider.
IP Law 360
MARCH 26, 2024
A Delaware federal court has sided with Sony in a $500 million patent infringement suit brought by Genuine Enabling Technology LLC over PlayStation consoles, marking a close to the case.
JD Supra Law
MARCH 26, 2024
Major League Baseball announced Friday that it has opened an investigation following allegations involving Dodgers star Shohei Ohtani’s interpreter, who has been at the center of a potential theft and sports betting scandal this week.
SpicyIP
MARCH 26, 2024
Image from Ducan Cumming, Flicker here Bonjour. I got you something from Goa – a circular ! Yes, a circular saying that there is no need to take copyright permission for the performance of musical works at religious ceremonies/weddings/social festivals! Unsurprisingly , the same has been challenged as well, by Phonographic Performance Limited and Sonotek Cassettes Company.
JD Supra Law
MARCH 26, 2024
United States Patent and Trademark Office (USPTO) officials recently reiterated to all patent examiners that they must provide clear, consistent analysis regarding means-plus-function and step-plus-function limitations. The goal of this USPTO memorandum is to provide applicants and courts with clarity on the USPTO’s position with respect to claim interpretation under 35 U.S.C. 112(f).
IP Law 360
MARCH 26, 2024
The U.S. Patent and Trademark Office has issued a proposal to add surcharges on trademark applications in cases where there isn't sufficient information, among other circumstances.
JD Supra Law
MARCH 26, 2024
In Commscope Techs. LLC v. Dali Wireless, Inc. the Director of the U.S. Patent Office issued a precedential decision that discretionary denial requires the Patent Trial and Appeal Board (PTAB) to perform the compelling merits analysis that at least one claim is unpatentable only after first determining that Fintiv factors 1–5 support denial of institution.
SpicyIP
MARCH 26, 2024
In light of the recent orders by the Delhi High Court to resolve the problems caused by the Trademark Registry websites’ outage, we are pleased to bring to you this post by SpicyIP Intern Aarav Gupta, discussing the interim measures put in place by the Court. Aarav is a third-year law student at National Law University, Delhi. He is passionate about geopolitics, foreign policy, international trade, and intellectual property and spends his time reading and watching sports.
JD Supra Law
MARCH 26, 2024
ROYAL OAK, Michigan – Brooks Kushman recently secured a significant victory in an IPR dispute involving 4G wireless technology. Neo Wireless sued several automakers including Ford Motor Company for patent infringement. Ford and Volkswagen individually challenged the validity of U.S. Patent No. 10,447,450 through their independent inter parte review (IPR) petitions.
Patently-O
MARCH 26, 2024
by Dennis Crouch My recent discussion of Vanda v. Teva references the landmark Supreme Court case of Atlantic Works v. Brady , 107 U.S. 192 (1883). I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” As discussed below, I believe the case
The IPKat
MARCH 26, 2024
In last week's eagerly anticipated judgment , the Court of Appeal of England and Wales (the Court) upheld the High Court's findings of trademark infringement and passing off against Tesco in respect of its "Clubcard Prices" signs, which were found to have conveyed the message to consumers that it was price-matching Lidl. Background The IPKat previously reported on the decision of the High Court that Tesco had infringed Lidl’s copyright, trade mark, and rights in passing off vesting in Lidl’s blu
IP Law 360
MARCH 26, 2024
A sportswear company wants the U.S. Supreme Court to weigh in on a federal circuit's ruling that created a new standard for how courts should review challenges to design patents, which was won by rival Oregon clothing giant Columbia Sportswear.
The IPKat
MARCH 26, 2024
Could have benefitted from the public holidays a week earlier? Not to worry, here's the summary of what you missed during the longer work week. Trade Marks It's the time of year when fluffy creatures of a non-Kat variety get all the attention. Image from Pixabay. Katfriend Hans Eriksson shared insights into how the intellectual property strategy of high-end watchmakers had responded to the trend of customization or personalization of luxury timepieces.
IP Law 360
MARCH 26, 2024
Cellphone buyers are coming out strong against Qualcomm's request to have the same Ninth Circuit panel that vacated their class certification hear an appeal to revive the long-running antitrust litigation over the company's licensing practices, saying there is no reason for "meddling with the usual practice for assigning cases.
IP Watchdog
MARCH 26, 2024
The U.S. Court of Appeals for the Second Circuit on Monday, March 25, affirmed a district court’s denial of summary judgment to beer company Modelo, owned by AB InBev, which alleged that sublicensee, Constellation Brands, had violated the terms of a licensing agreement to sell Modelo beer products in the United States. Modelo argued that Constellation violated the sublicense, which defined “Beer” as “beer, ale, porter, stout, malt beverages, and any other versions or combinations of the foregoin
IP Law 360
MARCH 26, 2024
Patent Armory has told Texas federal Judge Alan D. Albright that a bid to dismiss its patent lawsuit against Choice Hotels International is "premature" and should be set aside at least until fact discovery is done and claim construction has been issued.
The TTABlog
MARCH 26, 2024
The USPTO is proposing to increase many trademark fees in Fiscal Year 2025. The proposal is set forth in a Notice of Proposed Rulemaking to be published today (pdf here ). Comments are due by May 28th. As part of our regular assessment of fees under our fee-setting authority, we are proposing certain adjustments necessary to efficiently and effectively administer the U.S. trademark system.
IP Law 360
MARCH 26, 2024
The Patent Trial and Appeal Board has found that all the claims of a Kioba Processing LLC patent on using a "smart card" to increase the security of wireless transactions are invalid as anticipated or obvious.
IP Watchdog
MARCH 26, 2024
I have been critical of certain National Institute of Standards and Technology (NIST) proposals to alter the regulations related to the Bayh-Dole Act, in 2021 (Notice of Proposed Rulemaking, NPR), and specifically, the NIST “Framework” published for comments in December, 2023. My Comments submitted in February addressed numerous legal infirmities, ranging from construction analysis to demonstrated ambiguity problems of the Request for Information/Comments (RFI) itself.
IP Law 360
MARCH 26, 2024
With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.
SpicyIP
MARCH 26, 2024
Discussing the Delhi High Court’s recent interpretation of the doctrine of equivalents in SNPC Machines Private Limited & Ors. v. Mr Vishal Choudhary , we are pleased to bring to you this post by SpicyIP intern Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore. His previous post can be accessed here. Image by freepik Non-literal Infringement: Clarity or Confusion?
IP Law 360
MARCH 26, 2024
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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