The IPKat

MARCH 16, 2024

Topics cover, inter alia, preliminary measures in IP matters in the UPC and national court practices, indirect infringement of IP rights in cross-border situations and enforcement of financial claims in IP matters. Picture is by Rahib Yaqubov and used under the licensing terms of pexels.com.

Intellectual Property Law 67

Intellectual Property Law Intellectual Property Blogging Copyright Law 67

Plagiarism Today

APRIL 13, 2022

The sketch begins with the announcement he will be returning term papers that were submitted the week before and that he believed many of the students did not write their own papers, with some taking almost everything off the internet. When Peter claimed to be Stiens, the teacher challenged him on it and offered to call his office.

Plagiarism 201

Plagiarism Copying Television Reporting 201

The IPKat

MARCH 21, 2024

The UPC CoA interpreted the claims of the patent more broadly than the Local Division and found the patent likely to be invalid for lack of inventive step. UPC CoA considers the correct approach to claim interpretation On appeal, the UPC CoA reassessed the first instance decision on the patent's validity.

Invention 57

Invention Art Patent Licensing 57

Technology & Marketing Law Blog

FEBRUARY 17, 2022

Fortunately, the court has no problem rejecting the copyright claim because the emoji depictions weren’t identical: The copyrighted works are expressions of Cub Club’s idea of racially diverse emoji. Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. in varying skin tones.

Copyright 136

Copyright Copying Blogging Intellectual Property 136

Patently-O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. The complaint asserts breach of contract based upon violation of its terms of service; unfair competition (based upon state law); and unjust enrichment. The district court found the claims preempted. Genius sued.

Copyright Law 78

Copyright Law Copyright Law Contracts 78

LexBlog IP

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location. ”) was correct.

Invention 52

Invention Patent Intellectual Property 52

The IPKat

JUNE 13, 2022

Despite the uncertainty around the long-term success of NFTs, we have certainly seen a “land grab” from brands filing trade marks, including ITV (for LOVE ISLAND), Heineken and even The Empire State Building [Katpost with details from Becky Knott here ]. Terms and Conditions Apply! Mentioned previously here ]. More on this next.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IP and Legal Filings

APRIL 10, 2024

Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. Defamation is a reasonably loose term that states, how someone can protect their reputation from false information that becomes public discourse.

Social Media 81

Social Media Journalism Television Law 81

TorrentFreak

FEBRUARY 24, 2023

In the short term, rightsholders will continue to request subpoenas, hoping that information held by U.S. Site Blocking and CDN Providers Large international rightsholders are broadly in favor of site-blocking measures, but the topic is controversial in Japan. service providers will help them to identify pirates. One of Yahoo!

Publishing 122

Publishing Advertising Advertising Music 122

Plagiarism Today

DECEMBER 8, 2021

Note: This will be an extremely brief overview of music licensing, for more details, check out this 2017 article on the topic. The winds on that issue began to turn back in 2019 when a new company, Spoken Giants , was launched to help comedians claim royalties for their compositions. A Quick Dive into Music (and Comedy) Licensing.

Music 221

Music Licensing Plagiarism Law 221

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. The email also included multiple bullet points describing changes being made to the TOS, including: We’re adding an arbitration section to our updated Terms of Service.

Contracts 108

Contracts Blogging Business Law 108

LexBlog IP

FEBRUARY 14, 2024

The Board granted institution without construing any claim terms, as neither party had raised any claim construction issues. The Board issued its final written decision determining claim 3 to be unpatentable as obvious over Tayloe in combination with TI Datasheet (another prior art reference). ” Kyocera Senco Indus.

Inventor 52

Inventor Patent Art Law 52

Technology & Marketing Law Blog

MAY 17, 2022

The buyer also claims that Roblox deletes items to induce buyers to buy them again). This knocks out the pre-litigation negotiation requirement, the TOS’s protective provisions, the TOS’s disclosures, the TOS’s licenses (which nukes Roblox’s defense to a conversion claim), and more. Section 230.

Contracts 123

Contracts Publishing Licensing Editing 123

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. The claims require a “binding element” to bind T-cells to cancer cells.

Patent Law 125

Patent Law Law Patent Invention 125

SpicyIP

JUNE 19, 2022

we analysed the term “IPR’ and perused its app(e)alling aspects; (2.) interrogated ‘intelligence’ of IPR and noticed how indefinite the term intelligence is; (3.) Class 1 taught me that the term IP is full of divergence, and can make us ignore whether the umbrella term IP ushers in (non)sense. Misunderstanding Rights 101!

IP 119

IP Fair Use Invention Copyright 119

The IPKat

SEPTEMBER 4, 2023

The patent ( EP (UK) 1613296 ) claimed safinamide in combination with levodopa for the manufacture of a medicament for the treatment of Parkinson's disease. The basic patent ( EP1613296 B1 ) claimed safinamide in combination with levodopa for use in the manufacture of a medicament for the treatment of Parkinson's Disease (Swiss-style claim).

Art 117

Art Marketing Marketing Patent 117

Patently-O

MARCH 31, 2024

The majority of these factors are associated with what might be termed the “prima facie” obviousness case that focuses on directly comparing the most relevant prior art against the invention as claimed. The district court construed several key claim terms. Did others copy the claimed invention?

Invention 57

Invention Copying Licensing Art 57

43(B)log

DECEMBER 20, 2021

Some theorists think there should be no such doctrine, because sellers make it sound like the claims are meaningful and consumers respond to the claims as if they were meaningful. This case, where the legal holding is that the central advertising claims are just puffery, is a good illustration of the problem. Therapeutic-Grade.”

Advertising 90

Advertising Advertising Blogging False Advertising 90

Technology & Marketing Law Blog

JULY 18, 2023

Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. Both parties, Genius and Google, are, of course, not the copyright owners of those lyrics but only non-exclusive licensees, making a copyright claim unavailable to Genius. ML Genius v.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

The TTABlog

DECEMBER 28, 2022

The USPTO refused to register the proposed mark CALIHEMP for “skin and body topical lotions, creams, oils, balms and salves for cosmetic use, all of the foregoing containing hemp oil extract containing hemp ingredients solely derived from hemp with a delta-9 tetrahyrocannabinol (THC) concentration of not more than 0.3

Registration 78

Registration Copyright 78

Michael Geist

MAY 19, 2022

CRTC Chair Ian Scott appeared before the Standing Committee on Canadian Heritage yesterday and Bill C-11 proved to be a popular topic of discussion. Canadians make recall that former Heritage Minister Steven Guilbeault implausibly claimed that it would take nine months to complete the process.

Government 130

Government Law 130

Intellectual Property Law Blog

MAY 2, 2023

This Guidance covers some important topics. Key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans. Some require users to indemnify the tool providers for infringement.

Government 237

Government Business Licensing Copyright 237

SpicyIP

FEBRUARY 27, 2024

While the terms like virtual reality, AI, etc., Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. As Yogesh Byadwal’s most recent post on this topic made me think. Intrigued, I parsed the past posts to understand how the discussion on this topic has evolved over the years. Well … not really!

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models. Many AI tools have terms and conditions which restrict the use of model outputs.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

The IPKat

JULY 11, 2022

Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law. It is the ordinary meaning of the term inventor". Dr Thaler claims that his algorithms are not just capable of inventing, but that they are also capable of sentience and near-death experiences.

Patent Law 145

Patent Law Publishing Inventor Law 145

Patently-O

FEBRUARY 27, 2024

” Accounting for the AIA’s Change to the Obviousness Timeframe An important preliminary note in the guidelines acknowledges that the America Invents Act (AIA) changed the relevant timeframe for the obviousness inquiry from the “time the invention was made” to “before the effective filing date of the claimed invention.” John Deere Co.,

Art 120

Art Invention Patent Application Patent 120

SpicyIP

MAY 3, 2023

Considering the Copyright Act, 1957 entitles even the legal representatives of a deceased author to exercise the integrity right, it is then interesting to consider how such claims would play out in the absence of explicit instructions from the deceased author on exercising this right.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

Patently-O

NOVEMBER 6, 2022

Sanofi , that rely on a lack of enablement to hold that functionally defined genus claims are invalid. The claim in Amgen illustrates this point. It claims the genus of antibodies that bind to a? It claims the genus of antibodies that bind to a?particular Here is a representative claim of Amgen’s Patent No.

Invention 63

Invention Art Patent Law Intellectual Property 63

LexBlog IP

MARCH 14, 2023

And it covers quite a wide range of topics and questions , including: The ability of franchisees to negotiate terms of franchise agreements. The existence (and enforcement) of terms that relate to non-disparagement and goodwill issues. The ability of franchisors to make unilateral changes to the franchise system.

Contracts 52

Contracts Business Government Litigation 52

SpicyIP

MAY 16, 2023

The report claims that the unique characteristics of the patent case management by courts have deep connections with the overall conditioning (normative, structural and socio-economic) of the respective jurisdiction. The report dedicates individual chapters on at least 9 of top 15 economies (by GDP metric ) in the world.

Patent 105

Patent Reporting Intellectual Property Law 105

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. Another expert surveyed prescribers to opine on the extent to which a company’s advertising claim that it operates in full compliance with Section 503A is important to them.

False Advertising 71

False Advertising Advertising Advertising Government 71

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision.

Patent Law 95

Patent Law Law Patent Litigation 95

LexBlog IP

APRIL 11, 2022

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. As noted above, this is not the first time the FTC has brought enforcement action over such claims.

Settlement 52

Settlement Blogging Branding Brands 52

IPilogue

DECEMBER 7, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. There is no copyright in facts and historical events; however, writers can claim copyright in their letters if they are sufficiently original. It is common practice for jockeys to equip horses with blinders.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

The IPKat

JANUARY 5, 2022

However, this comfortable assumption was recently put to the test in T 471/20 , in which the Board of Appeal considered whether an amendment summarising the prior art could be considered to change the scope of the claim, add matter and thereby invalidate the patent. a burger patty production line). The patent was thus revoked in its entirety.

Art 113

Art Patent Application Patent Invention 113

The IPKat

JANUARY 25, 2022

3D trade marks are always a topic of interest, with some proprietors despairing as to whether trade mark law will provide them with any practical protection. The recent decision of the EUIPO’s Board of Appeal may provide some comfort. Class 39: Rental of recreational vehicles. Its EUTM Registration No.

Public Domain 133

Public Domain Registration Licensing Publishing 133

LexBlog IP

MARCH 15, 2023

Among other things, the Office intends to publish a notice of inquiry later this year seeking public input on additional legal and policy topics, including how the law should apply to the use of copyrighted works in AI training and the resulting treatment of outputs.

Copyright 64

Copyright Registration Technology Publishing 64