Plagiarism Today
MAY 31, 2023
Netflix's King of Collectibles is sued over show idea, Google takes down Downloader app and USPTO launches new roundtable on piracy. The post 3 Count: Not-so Goldin Touch appeared first on Plagiarism Today.
Erik K Pelton
MAY 31, 2023
The post Calculating Trademark Registration Renewal Dates appeared first on Erik M Pelton & Associates, PLLC.
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Plagiarism Today
MAY 25, 2023
Things are starting to heat up at the Copyright Claims Board as we have five new contested cases to look at and analyze. The post 5 More Contested Cases Before the Copyright Claims Board appeared first on Plagiarism Today.
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.
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Intellectual Property Law Blog
MAY 25, 2023
In a per curium order issued under seal May 3, 2023 but recently made public, the Patent Trial and Appeal Board awarded sanctions against Patent Owner, Longhorn Vaccines & Diagnostics, cancelling all challenged claims of its five asserted patents for its “egregious abuse of the PTAB process.” Particularly, the Board determined that Patent Owner, through its counsel, failed to meet its duty of candor and fair dealing before the Board by “selectively and improperly” withholding material inform
IP Watchdog
MAY 28, 2023
On April 3, 2023, the UK Intellectual Property Office (UKIPO) issued much needed guidance on how digital goods and services – namely non-fungible tokens (NFTs), virtual goods, and services provided in the metaverse – should be classified for trademark purposes.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
MAY 25, 2023
Japanese YouTuber arrested for uploading gaming video, Alibaba loses key decision and the Biden Administration files brief against Genius. The post 3 Count: Fast Content appeared first on Plagiarism Today.
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.
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.
TorrentFreak
MAY 28, 2023
A few years ago, the RIAA started targeting YouTube ripping sites by sending relatively rare takedown requests to Google. Instead of the usual DMCA copyright notices, the music group asked the search engine to remove various URLs for alleged violations of the DMCA’s anti-circumvention provision. The delisting requests are supposed to make it harder for people to find ‘YouTube MP3 download’ sites in search results.
Copyright Alliance
MAY 25, 2023
Last week’s Supreme Court decision in Andy Warhol Foundation (AWF) v. Goldsmith sent a thunderbolt throughout the copyright community unlike anything we have seen in decades. When the Court issued […] The post 10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part I) appeared first on Copyright Alliance.
Patently-O
MAY 25, 2023
Editor’s note: this post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here. – Jason By: Piers Blewett , Principal at Schwegman Lundberg & Woessner (SLW) (This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research.
JD Supra Law
MAY 24, 2023
The U.S. Supreme Court has decided a closely watched case regarding patent law’s enablement requirement, Amgen Inc. v. Sanofi. The Supreme Court affirmed the Federal Circuit’s decision that Amgen’s patent claims were invalid, holding that the patents’ disclosures “offer[ed] persons skilled in the art little more than advice to engage in ‘trial and error.’”.
TorrentFreak
MAY 29, 2023
Bungie’s pursuit of people behind Destiny 2 cheat operation Elite Boss Tech, is pushing forward and showing no sign of stopping. The lawsuit began in August 2021 with the aim of shutting down the ‘Wallhax’ cheat. By June 2022, Bungie had a $13.5 million copyright infringement damages award in hand, and suddenly cooperative defendants helping to unveil others involved in the circumvention of Bungie’s technological protection measures.
Plagiarism Today
MAY 31, 2023
The Toronto District School Board is facing a new plagiarism scandal, this one involving a divisive report that they hoped would help them. The post Toronto District School Board Faces Plagiarism Controversy appeared first on Plagiarism Today.
The IPKat
MAY 29, 2023
This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other.
Likelihood of Confusion
MAY 26, 2023
I was going to do a post collecting all the briefs filed in the United States Supreme Court in Lee v. Tam (“THE SLANTS”), but thanks to a nice blog. The post A basket of Lee v. Tam briefs appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MAY 24, 2023
The Court held in Amgen Inc. v. Sanofi, 598 U.S. __ (2023) that the "full scope" of the invention defined by the claims must be enabled by the specification. "The more one claims, the more one must enable." Id., at p 13.
IP Law 360
MAY 26, 2023
A New York federal judge trimmed a coverage fight brought by Tinder owner Match Group LLC against Beazley Underwriting Ltd., saying Match's position on some of its claims are untenable because it asks the court to ignore unambiguous language in the policy.
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.
TorrentFreak
MAY 26, 2023
In the face of legislation designed to thwart its growth, seizures, prosecutions, dozens of arrests and countless prison sentences have done little to prevent piracy. Anti-piracy enforcement actions, including dozens by the Alliance for Creativity and Entertainment, have taken hundreds of sites out of the game. That’s a solid base for arguing that piracy volumes could’ve been much worse without so much enforcement.
The IP Law Blog
MAY 25, 2023
In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.
Intepat
MAY 24, 2023
Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it. It is highly recommended to seek legal advice while drafting intellectual property agreements because they often involve challenges foraging into interdisciplinary areas such as antitrust laws, franchise regulations, and international trade.
JD Supra Law
MAY 24, 2023
The legal standard for enablement – the statutory requirement under 35 USC § 112 that a patent must enable those skilled in the art to “make and use” the claimed invention – remains unchanged after the US Supreme Court affirmed the US Court of Appeals for the Federal Circuit’s judgment in Amgen Inc. v. Sanofi on May 18, 2023.
Likelihood of Confusion
MAY 25, 2023
“Best of” posts will continue until next week. This was originally posted on September 9, 2013. The big story today, as One World Trade Center nears completion, is about “rights” The post Best of 2013: WORLD TRADE CENTER naming rights and municipal IP policy – What rights? appeared first on LIKELIHOOD OF CONFUSION™.
TorrentFreak
MAY 24, 2023
In recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world. ISPs in several dozen countries prevent subscribers from accessing a variety of ‘pirate’ sites, either through court processes or as part of government-backed administrative blocking regimes. Europe has been at the forefront of this blocking wave.
Copyright Alliance
MAY 26, 2023
In yesterday’s blog (Part 1), we covered five of the first 10 most important takeaways from the recent Supreme Court decision in Andy Warhol Foundation (AWF) v. Goldsmith. Today, we […] The post 10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part II) appeared first on Copyright Alliance.
Velocity of Content
MAY 24, 2023
Content reuse is central to most medical communications projects, but navigating the copyright guidelines applicable to this reuse remains a challenge for some agencies and clients. In this post, we’ll provide you with four copyright tips that will help you better understand how published material can be leveraged in your projects in a copyright compliant way.
JD Supra Law
MAY 24, 2023
Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright law, will likely only be resolved through court decisions, and possibly new legislation. The wheels of the judicial process will likely spin slowly in this nascent area, as they often do when new technologies enter mainstream usage.
U.S. Department of Commerce
MAY 25, 2023
AA and NHPI: Communities Made Visible Together May 25, 2023 KCPullen@doc.gov Thu, 05/25/2023 - 16:38 The National Oceanic and Atmospheric Administration (NOAA) , an agency of the U.S. Department of Commerce, is crucial in serving and safeguarding communities across the United States, particularly in Hawaii and American Samoa. The employees at NOAA are committed to preserving and protecting our marine resources in a region that reflects the diverse cultures of Asian Americans, Native Hawaiians, a
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.
The IPKat
MAY 28, 2023
Copyright infringement cases often involve works of art, literature, or design. This recent French decision gives us an opportunity to look at a rarer case, that of copyright infringement in a typeface. A very Kat font Background The facts deserve some attention. In 1994, Mr X, a pioneer in digital typography, created a family of typefaces called "Le Monde Journal" for French newspaper Le Monde.
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.
JD Supra Law
MAY 24, 2023
Procedural History - Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc. is an appeal from a final written decision in an inter partes proceeding (“IPR”) of the Patent Trial and Appeal Board (“PTAB”) that found claims 1-18 of U.S. Patent No. RE47,614 (“the ’614 Patent”) invalid as obvious over prior art. The Federal Circuit reversed.
IP Watchdog
MAY 29, 2023
The European Commission (EC) is at it again, threatening to regulate standard essential patent (SEP) licensing relationships, despite a lack of evidence that such regulation is appropriate. The economically harmful nature of this regulatory framework (and its prior draft) has been highlighted by many expert commentators, including contributors to IPWatchdog (see here, here, and here) and Truth on the Market (see here and here).
TorrentFreak
MAY 25, 2023
The Internet is littered with shady IPTV services that offer a lot, for very little money. These deals often seem too good to be true and in most cases they are; at least for those who prefer to stay on the right side of the law. Pirate IPTV Raid This week, Dutch fiscal police (FIOD) landed a major success in the battle against this type of piracy by shutting down one of Europe’s largest IPTV operations.
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