43(B)log

APRIL 3, 2023

The problem for Defendant is that “collagen,” standing on its own, is not some undefined, amorphous term — there is a widely-accepted scientific definition describing collagen. Plaintiffs pointed out that “+” is commonly used in the industry to indicate “and” not “boosts.” This affected the expert testimony that would be admitted.

False Advertising 52

False Advertising Marketing Marketing Advertising 52

JD Supra Law

JULY 13, 2021

We write to advise you on an issue currently before the Federal Circuit in a case of first impression, namely whether a later-filed, earlier-expiring patent can be used as a reference for obvious-type double patenting (OTDP) to invalidate a patent that was filed earlier but expires later because of a patent-term adjustment (PTA).

Patent 52

Patent 52

Erik K Pelton

MARCH 18, 2024

I find it fascinating when I’m in somebody else’s place of business and I’ll hear words that might have a meaning to me, but I know that they’re using them in a way that’s specific to their work and their industry. The post Key Trademark Terms appeared first on Erik M Pelton & Associates, PLLC.

Trademark 130

Trademark Editing Registration Business 130

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 110

False Advertising Advertising Advertising Patent 110

JD Supra Law

MARCH 24, 2022

The US Court of Appeals for the Eighth Circuit vacated an injunction restraining defendants from engaging in certain allegedly harassing conduct because there was no evidence tying the defendants to the alleged misconduct and reassigned the case to a new district judge to obviate any doubts about the judge’s impartiality. Mycroft AI, Inc.,

Patent Troll 52

Patent Troll Patent 52

Intellectual Property Law Blog

APRIL 12, 2023

This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries. Music, film, art, comic books, and literary works are some other uses. AI tools are powerful and their use will no doubt be far reaching. In the near term, so too will the associated legal issues.

Fair Use 243

Fair Use Privacy Music Art 243

JD Supra Law

APRIL 25, 2024

Website operators in particular are increasingly seeking to use their online terms of service to prohibit the use of content and information hosted on their sites to train AI systems. The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues.

Copyright Law 73

Copyright Law Law Copying Copyright 73

Intellectual Property Law Blog

JULY 21, 2023

The claim construction dispute centered around the terms “a microprocessor” and “said microprocessor” capable of “creating,” “retrieving” and “generating.” The claim construction dispute centered around the terms “a microprocessor” and “said microprocessor” capable of “creating,” “retrieving” and “generating.” In re Varma , 816 F.3d

Patent 130

Patent 130

JD Supra Law

MARCH 28, 2024

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because it was used descriptively and in good faith. Solid 21, Inc. Breitling U.S.A.,

Fair Use 105

Fair Use Trademark 105

Plagiarism Today

JANUARY 3, 2023

The move came as a surprise to many that use the site. Next up today, Mia Robson at The Canadian Press reports that, in Canada, a new copyright law has taken effect that will extend the copyright on works in Canada another 20 years, bring the country up to the same term used by the United States. 3: Happy Public Domain Day!

Public Domain 197

Public Domain Copyright Plagiarism Licensing 197

Barry Sookman

MARCH 10, 2024

There are also many different ways of defining the term AI including for legal purposes. This post will examine some of the leading legally defined uses of the terms AI and generative artificial intelligence. … The post Exploring the Definitions of AI for Legal Purposes appeared first on Barry Sookman.

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Velocity of Content

MARCH 20, 2024

Using publicly available data for research or projects may be attractive because it can be more easily accessible than proprietary or private materials. Terms of Use Even though a dataset is made publicly available, there may still be conditions and restrictions attached to using the content.

Copyright Infringement 111

Copyright Infringement Public Domain Due Diligence Copyright 111

LexBlog IP

MARCH 15, 2024

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

The TTABlog

FEBRUARY 12, 2024

The Board observed that "[a] term or word which merely describes the form or shape of a product falls under the proscription of Section 2(e)(1) of the Trademark Act. [ The Board found that MENSTRUATION describes the use or purpose of Applicant’s heating pads, i.e., to relieve menstruation pain. How do you think this came out?

Advertising 119

Advertising Advertising Trademark Designs 119

JD Supra Law

APRIL 25, 2024

It could turn out your own patents could be used against others in the portfolio to render them invalid or cut short patent term. Patent owners need to be weary of the pitfalls when attempting to procure follow on patents to an existing technology.

Patent 68

Patent Technology 68

The IPKat

APRIL 25, 2024

There have been reports on international developments, including on the US Copyright Office refusals to register AI-generated works [ here and here ] , alongside developments in the EU , China , Czechia and France. Does UK copyright law protection extend to computer-generated works which are not original?

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

The IPKat

JANUARY 8, 2024

Myforest also argued that the term ‘bacon’ does not only refer to ‘meat from the back and sides of a pig, dried, salted and usually smoked’ (as defined in the Collins English dictionary) but evolved to designate also vegetarian or vegan products. This trend has caused some interesting trade mark filings and decisions. 7(1)(g) EUTMR.

Art 116

Art Registration Law Licensing 116

IP Law 360

APRIL 25, 2024

Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

Law 52

Law 52

JD Supra Law

JANUARY 24, 2024

Court of Appeals for the Federal Circuit reaffirmed the long-standing principle that in grammatical terms, use of “said” or “the” in a claim are anaphoric phrases, referring to the initial antecedent phrase, even when the initial phrase refers to one or more elements. In Infernal Technology, LLC v. Activision Blizzard Inc.,

Technology 111

Technology 111

IP Watchdog

MARCH 12, 2024

The Times’ opposition brief filed yesterday responds to OpenAI’s recent motion to dismiss, which alleged that The Times paid someone to target and exploit “a bug (which OpenAI has committed to addressing) by using deceptive prompts that blatantly violate OpenAI’s terms of use.”

Copyright Infringement 105

Copyright Infringement Copyright Business Technology 105

The IPKat

JANUARY 14, 2024

In the US, the principle of file wrapper estoppel is well established. S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. 26, 2023), file wrapper estoppel in the US does not stop at the US file wrapper. K-fee argued that the term barcode did encompass bit codes.

Patent 120

Patent Art Patent Prosecution Patent Law 120

JD Supra Law

FEBRUARY 22, 2024

Before rolling out a new artificial intelligence (AI) tool to customers or using one internally for other business purposes, prudent vendors will look to their form agreements related to the underlying AI technology to confirm whether their legal terms are sufficient. By: Venable LLP

Contracts 65

Contracts Licensing Business Technology 65

TorrentFreak

JUNE 9, 2023

Premium products aside, YouTube is free to use. In basic terms, this means accessing YouTube via a different interface on a different domain which strips away the advertising, user tracking, and reliance on Google subscriptions. With an estimated 2.5 The most visible cost to the user is advertising, lots and lots of advertising.

Privacy 137

Privacy Cease and Desist Advertising Advertising 137

IP Law 360

APRIL 12, 2024

based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.

Social Media 52

Social Media 52

JD Supra Law

NOVEMBER 29, 2023

As outlined in the last edition of this series, this general rule typically applies to independent contractors so long as the term is included in a written contract. Generally, an employer owns all rights in software code created by its employee in the scope of their employment. This edition. By: Bradley Arant Boult Cummings LLP

Editing 125

Editing Ownership Contracts 125

Technology & Marketing Law Blog

OCTOBER 8, 2022

Most online terms-of-use agreements claim to give their drafters broad discretion to modify the terms at the host’s discretion. Some terms-of-use agreements purport to allow host websites to modify the terms by sending an email (inevitably, to your spam folder) to notify you of the changes. Dropbox, Inc.

Marketing 126

Marketing Marketing Contracts Business 126

JD Supra Law

MARCH 22, 2024

Google AdWords have long been used by businesses to ensure that their business listings feature on top of the Google search results when the users search for particular terms (which have been bought by a business from Google). By: International Lawyers Network

Trademark 70

Trademark Business 70

IP and Legal Filings

MARCH 19, 2024

However the limitations and restrictions for registration is present not all terms are eligible for registration… a trade mark encompasses with number of elements, including logo, slogans, shapes, sounds, even scents, all designed to distinguish product and services from other competitors. Computer of computers, medicines names.

Branding 52

Branding Brands Branding Intellectual Property 52

Technology & Marketing Law Blog

FEBRUARY 16, 2024

The screens all use an if-then statement predicated on a user’s click (by submitting your order, you agree to the TOS) and place the call-to-action near the “order” button, albeit in different places (above, below, to the side). NOTE: The Meyer case enforced a TOS linked using a blue font that was underlined.

Blogging 66

Blogging Marketing Marketing Technology 66

IP Law 360

APRIL 16, 2024

The Second Circuit on Tuesday threw out an injunction barring New York City and its fire department from using the allegedly infringing term "medical special operations," reasoning in the trademark suit that it's too general to be considered an infringement of a nonprofit's name for meetings.

Trademark 52

Trademark 52

IP Law 360

APRIL 10, 2024

s suit accusing an online pharmacy of wrongly selling a compounded version of its drug Mounjaro, saying Eli Lilly was "using state law to enforce the terms of" federal law. A Florida federal judge has thrown out Eli Lilly & Co.'s

Law 52

Law 52

The IPKat

NOVEMBER 6, 2023

The German Supreme Court recently decided whether a photographer can waive the exercise of their right of attribution in the general terms and conditions of a microstock portal ( I ZR 179/22 ). She used it as a background picture for her website without naming the plaintiff as the author. According to Sec.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

The IPKat

DECEMBER 17, 2022

Many terms have a clear and precise meaning. And there are some terms that have been defined by the legislator. In its judgment Hasco TM v EUIPO - Esi (NATURCAPS) , the General Court dealt with the question whether such regulatory definitions play a role in interpreting the meaning of a term in the list of goods and services.

Editing 128

Editing Art Law Licensing 128

Technology & Marketing Law Blog

OCTOBER 5, 2023

The merchant’s Amazon product listing: I use a nearly identical example in my SAD Scheme paper : an Amazon listing description using the word “emoji” to describe a poop emoji displayed on a mug. This is a SAD Scheme case from one of my least-favorite rightsowners, Emojico. (I One defendant fought back.

Trademark 119

Trademark Fair Use Trademark Law Branding 119

IP Watchdog

JUNE 21, 2023

But what exactly are “data” and how can we make the term fit for use in the complex landscape of generative AI? In simple terms, data in this context can be any digitally formatted information. Often, there is metadata or even identifiable information which, although possibly unintended, ends up being part of the training data.

Licensing 90

Licensing Copyright Inventor Technology 90

Patently-O

NOVEMBER 1, 2022

Here, the claims require a number of operations on “a downloadable” and the parties have debated throughout the litigation how to construe that term. Construction : The district court first narrowly construed the term as limited only to “ small downloadables.” But downloadables today are much bulkier.

Invention 126

Invention Patent Litigation Law 126

Velocity of Content

JANUARY 17, 2024

The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines. In the future, CCC intends to apply Globally Unique PIDs to ontology and taxonomy terms to enable easier interoperability within a new structure such as the W3C Simple Knowledge Organization System.

Blogging 105

Blogging Privacy Designs Design 105