Erik K Pelton
MAY 30, 2023
The following is an edited transcript of my video “ 5 Things Yoga Taught Me About Trademarks “ Lately, I’ve been trying to get back into a routine of practicing yoga, at least once a week. I really enjoy practicing yoga – It’s great for your body, mind, and so many different ways. Because I’m such a trademark-focused person, I want to share five things that yoga has taught me about trademarks.
Plagiarism Today
MAY 30, 2023
TI and Tiny lose copyright case to MGA, Videotron wins key decision in Canada and Nintendo stops emulator from debuting on Steam. The post 3 Count: Blocked Dolphins appeared first on Plagiarism Today.
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TorrentFreak
MAY 30, 2023
Operating from 2016 until 2018, the Flawless IPTV service copied subscription TV broadcasts from official (and unofficial) sources and then restreamed that content to tens of thousands of customers, at a dramatically cut down price. For many UK football fans, Flawless granted access to the sport they love, at a price they could afford. Others viewed the service quite differently.
IP Watchdog
MAY 30, 2023
One of the most intriguing, and frankly long overdue, reforms the United States Patent and Trademark Office (USPTO) needs to consider is putting an end to the practice of for-profit entities like Unified Patents and RPX filing petitions challenging a patent. This practice has recently been called into question by the USPTO through an Advance Notice of Proposed Rulemaking (ANPRM) published in the Federal Register.
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?
Patently-O
MAY 30, 2023
by Dennis Crouch In CareDx v. Natera , an intriguing amicus brief was recently filed by the Honorable Paul Michel (Ret.) and Professor John Duffy in support of the patentee petitioners Stanford and CareDx. The brief advocates for the clarification of patent-eligibility law, and criticizes the Federal Circuit’s handling of the case. The filing of the brief has seemingly prompted the Supreme Court to request a response from the accused infringers, after they initially waived their right to d
TorrentFreak
MAY 30, 2023
For many years, U.S. lawmakers have considered amending legislation so that today’s online copyright issues can be addressed more effectively. Many proposals have come and gone, without resulting in any significant updates. Calls to change current legislation persist, however. Before any new laws or policies are introduced, the Government typically seeks input from stakeholders.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
MAY 30, 2023
The CRTC’s Bill C-11 consultations are off to a rocky start with mounting concern over short deadlines that may limit public participation and reduce the quality of the submissions. A dozen groups have asked the Commission to extend the deadlines with more groups joining in the call. The deadline for comment on the extension ended yesterday and I navigated an exceptionally difficult consultation process (more on that shortly) to submit the comments posted below.
Olartemoure Blog
MAY 30, 2023
The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. The purpose of this new regulation is that companies acting as gatekeepers in the online platform economy will stop committing unfair market practices.
SpicyIP
MAY 30, 2023
Image from here [ This post is co-authored with SpicyIP Intern Surima Singh. Surima is a fifth-year student pursuing B.A., LL.B from Christ Academy Institute of Law, Bengaluru. As she describes herself, she developed a keen interest in law and justice from an early stage. Her area of interest lies in Constitutional law and IP laws. ] On May 17, the Delhi High Court revoked Fullstack Education’s (respondent) INSAID mark for being deceptively similar to the Institut Europeen D Administration
The IPKat
MAY 30, 2023
Today, the Unified Patent Court (UPC) began its life in Luxembourg. The UPC will enter into force on 1 June this year. According to the programme available on the official website of the Grand Duchy ( here ), both the President of the Court of Appeal of the UPC and the President of the Court of First Instance of the UPC were in attendance amongst many other distinguished attendees.
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The TTABlog
MAY 30, 2023
The Board reversed a refusal to register "trade dress consisting of a three-dimensional building in the shape of a guitar" (shown below), for "casinos" and "hotel, restaurant and bar services," finding the proposed mark to be inherently distinctive. The examining attorney had accepted the Seminole Tribe's alternative claim of acquired distinctiveness under Section 2(f), but the Tribe chose to pursue its claim that the building shape is an inherently distinctive source indicator.
Christopher Roser
MAY 30, 2023
Pull systems like kanban and reorder point are a cornerstone of inventory management and fluctuation reduction in lean manufacturing. The production is managed based on ACTUAL consumption. Theoretically, it is also possible to include expected but not yet actual consumption. In this post, I will explain to you the concept behind it and why I. Read more The post Real vs.
The IPKat
MAY 30, 2023
Belgian waffle Kat The IPKat is pleased to inform readers that the 'GRUR meets Brussels' conference is returning on 13 June 2023 and IPKat readers are entitled to receive a 30% discount in the registration fee. To claim the discount, readers should email Sandra von Lingen ( s.vonlingen@grur.org ) and use "IPKAT" in the subject-line. Let's here more about the conference programme from Henning Hartwig (Bardehle Pagenberg): In 2019, before the pandemic stopped activities, the German Association for
IP Law 360
MAY 30, 2023
The former general counsel of the U.S. Copyright Office has penned a letter to the House Judiciary's intellectual property subcommittee taking aim at comments made by another former general counsel of the office at a hearing on the impact of artificial intelligence on copyright law.
The Trichordist
MAY 30, 2023
The compulsory license has passed its sell by date and should be abandoned--but carefully.
IP Law 360
MAY 30, 2023
Cisco has told a Virginia federal judge that a small cybersecurity startup "turned to patent litigation as its main revenue source" after repeatedly failing to secure outside investors, the latest development in the Silicon Valley giant's battle against a "rhetorically clever, but legally flawed" patent case.
JD Supra Law
MAY 30, 2023
On April 26th, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2023 Special 301 Report. In a press release, the USTR stated that "[i]nnovation and creativity are at the heart of American competitiveness.
IP Law 360
MAY 30, 2023
The Trademark Trial and Appeal Board issued precedential opinions Thursday, both rejecting Texas-based Hilton Palacio del Rio's trademark applications for its hotel building designs and overturning a refusal of the Seminole Tribe of Florida's trademark involving a guitar-shaped Hard Rock hotel.
IP and Legal Filings
MAY 30, 2023
Introduction We frequently spend time in a themed café or public space, attempting to immerse ourselves in the world of our favourite characters, whether they be from Harry Potter, F.R.I.E.N.D.S., Marvel, DC, Disney or any other. These themed locations allow us to re-enter the world of our characters, but we seldom consider if it is acceptable for person or organization to utilise these well-known figures.
JD Supra Law
MAY 30, 2023
MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board - Summary: Federal Circuit confirms low bar for evidence corroborating prior inventorship pre-AIA.
Copyright Alliance
MAY 30, 2023
From the pressures of performance and touring to financial instability and fighting against infringers, the music industry can take a toll on a musician’s mental health. To help with these […] The post Mental Health and Financial Resources for Musicians appeared first on Copyright Alliance.
JD Supra Law
MAY 30, 2023
OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger, Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas. Summary: Ordering additional discovery before ultimately grating summary judgment suggests that suit was not objectively baseless.
LexBlog IP
MAY 30, 2023
In a decision that could have wide reverberations on the internet, the U.S. District Court for the Southern District Court of New York granted summary judgment in favor of book publishers and against Internet Archive (“IA”) in a copyright infringement action involving ebooks brought by the four leading book publishers in the United States, Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons., Inc., and Penguin Random House LLC (together, the “Publishe
JD Supra Law
MAY 30, 2023
Earlier this month, a federal court judge in the United States District Court for the Central District of Illinois denied a defendant’s motion to dismiss a plaintiff’s amended complaint for, among other claims, trade secret misappropriation, based on a theory of inevitable disclosure in the future.
LexBlog IP
MAY 30, 2023
Taco Bell — infamously known for their late-night hours and cheesy goodness, has recently filed a petition with the US Patent and Trademark Office to cancel the trademark “Taco Tuesday,” used by their rival chain company Taco John’s for the last 34 years. The hope from Taco Bell is that “Taco Tuesday,” can be shared, as it is a commonly used phrase that “should be freely available to all who make, sell, eat and celebrate tacos.” According to the fi
JD Supra Law
MAY 30, 2023
On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC.
LexBlog IP
MAY 30, 2023
CLE Provided This coming Thursday at 12PM (EST), IPWatchdog will host the free webinar entitled: PTAB Rules: The Good, The Bad & The Ugly. The webinar will cover the recent Advanced Notice of Proposed Rulemaking (ANPRM), preview stakeholder reactions, Congressional concerns, and discuss the most likely outcomes. Register ( here ) With comments due from the public on or before June 20th, this topic will remain a focus of the agency for the remainder of 2024 and beyond.
JD Supra Law
MAY 30, 2023
It’s 9 a.m. on a Tuesday and you think to yourself. what are we having for dinner tonight? And then it hits you – it’s Tuesday. Taco Tuesday! Think twice before you snap a picture of your Tuesday taco treat and caption it “Taco Tuesday!” Taco Tuesday is trademarked.
LexBlog IP
MAY 30, 2023
CLE Provided This coming Thursday at 12PM (EST), IPWatchdog will host the free webinar entitled: PTAB Rules: The Good, The Bad & The Ugly. The webinar will cover the recent Advanced Notice of Proposed Rulemaking (ANPRM), preview stakeholder reactions, Congressional concerns, and discuss the most likely outcomes. Register ( here ) With comments due from the public on or before June 20th, this topic will remain a focus of the agency for the remainder of 2024 and beyond.
JD Supra Law
MAY 30, 2023
Companies may have hundreds of trademarks, but the primary or house mark is the most important and should be the centerpiece of every trademark strategy. Trademark owners take different approaches to brand awareness and protection, though sometimes your efforts on one side of the coin bleed over to the other.
LexBlog IP
MAY 30, 2023
A sneak peek into the potential future of federal name, image, and likeness (NIL) regulations has emerged with the release of a draft bill. This development marks the first significant step towards a federal NIL law since the 2022 election, following the congressional hearing on NIL held in March of this year. The circulation of draft bills indicates Congress’ interest in establishing more standardized laws surrounding NIL, aiming to supersede the increasingly complex web of state regulati
JD Supra Law
MAY 30, 2023
The new European Union Unified Patent Court (UPC) and Unitary Patent go live on June 1, 2023. Enterprises operating in Europe should understand the risks and rewards of this new system, one of the most significant developments in global intellectual property law in over a decade. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
The IPKat
MAY 30, 2023
The IPKat has received and is pleased to host the following guest contribution by Guillem Gabriel-Pizarr o (PhD candidate, European University Institute) on the recent proposal for an EU directive in insolvency law and how it relates to IP licences. Here’s what Guillem writes: How should intellectual property licences be treated in insolvency? Some critical reflections on the Commission Proposal 2022/0408/COD by Guillem Gabriel-Pizarro On 7 December 2022, the European Commission released the Dir
JD Supra Law
MAY 30, 2023
Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 2023 WL 3511534.
Velocity of Content
MAY 30, 2023
This article originally appeared in The Scholarly Kitchen The Scholarly Kitchen Editor’s Note: Today’s post is by Jamie Carmichael, Jessica Thibodeau, and Chef Roy Kaufman. Jamie brings nearly 20 years’ experience in publishing to her current role as Senior Director, Information & Content Solutions at CCC. Jessica is Senior Director, Information and Content Solutions at CCC, responsible for the strategic direction of CCC’s Ringgold portfolio and go-to-market efforts for products and ser
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