Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Read the full article on Law360. PDF copy available. As an initial matter, design patent trials at the PTAB are relatively rare.

Design Patent 52

Design Patent Designs Design Patent 52

IPilogue

MAY 20, 2022

The deadline to apply for an IPJ Student Editor position has been extended to May 31, 2022 at 4 PM. Founded in 1984, the Intellectual Property Journal (IPJ) covers matters relating to all aspects of Intellectual Property such as patents, trademarks, copyright, designs, trade secrets, and related areas such as privacy. 1-2 hrs per week.

Intellectual Property 81

Intellectual Property Journalism Editing Privacy 81

IPilogue

APRIL 29, 2022

Founded in 1984, the Intellectual Property Journal (IPJ) covers matters relating to all aspects of Intellectual Property such as patents, trademarks, copyright, designs, trade secrets, and related areas such as privacy. The IPJ contains articles, opinions, book reviews, case commentaries and writings on legal developments around the world.

Intellectual Property 81

Intellectual Property Journalism Editing Privacy 81

LexBlog IP

MARCH 8, 2022

TUESDAY, MARCH 8, 2022. In this article, we highlight several interesting US patents recently issued by the USPTO. Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” About Design Patents. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-6227f19f37b0b9390{flex-wrap:

Design Patent 52

Design Patent Patent Intellectual Property Designs 52

IP Watchdog

JANUARY 27, 2023

This week in Other Barks & Bites: Nike sues BAPE for copying its shoe design; the five largest patent offices announce an increase of 10% in patent grants for 2022; and Hershey settles a trademark dispute with a California cookie company; and the Information Technology and Innovation Foundation (ITIF) condemns the Indian government’s takedown (..)

Copying 45

Copying Designs Design Government 45

Kluwer Copyright Blog

APRIL 20, 2022

As promised in an earlier contribution , I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. 1. Hors d’oeuvre: deconstructed Article 17 served on traditional copyright law principles.

Copyright 66

Copyright Government Law Intellectual Property Law 66

The IPKat

MAY 11, 2022

On 26 April 2022, the Court of Justice of the European Union (CJEU) delivered its long-awaited judgment in Poland v European Parliament and Council (C-401/19). The Court held Article 17 of the DSM Directive compatible with freedom of expression and information under Article 11 of the EU Charter of Fundamental Rights.

Intellectual Property 104

Intellectual Property Law Copyright Copyright Infringement 104

43(B)log

JULY 3, 2023

Zuluaga told a designer to look at Industria’s website when creating Latinfood’s packaging designs for Zenú and Ranchera and brought one of Industria’s Ranchera labels to the designer’s office. Latinfood won summary judgment on the claim under Article 7, whose sole remedy is to grant priority.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Intellectual Property Law Blog

FEBRUARY 13, 2024

2022-1862 (Fed. 10,492,542 (the “’542 Patent”), directed to electrically powered smoking articles, i.e., e-cigarettes or vapes. RAI argued on appeal that these statements in Robinson were to alternative designs within Robinson only. RAI Strategic Holdings, Inc. Phillip Morris Products S.A. , RAI”) owned U.S.

Art 130

Art Invention Copying Designs 130

Kluwer Copyright Blog

APRIL 13, 2023

In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. For the a comment on the most recent Court judgment on private copying and the cloud (Case C-433/20), also coming from Austria, see here.

Copyright Law 74

Copyright Law Law Copyright Copying 74

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! Polish challenge of Article 17 CDSM, C-401/19. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. Photo by Markus Spiske on Unsplash.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

Kluwer Copyright Blog

DECEMBER 1, 2022

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”). While Part 1 focused on Article 15 CDSMD, Part 2 considers Article 17 CDSMD. International licence (CC BY 4.0). .

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). This article is divided into two parts.

Law 63

Law Music Copyright Art 63

Kluwer Copyright Blog

JUNE 6, 2022

In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression.

Copyright 56

Copyright Settlement Law Copying 56

Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

PDF copy available. In December 2020, the Board designated as precedential Sotera Wireless, Inc. This article provides a brief review of the Sotera decision and examines how prior art stipulations have been used by practitioners to date. 25 [link] (“Glass and Adickman article,” last accessed June 7, 2022).

Art 88

Art Journalism IP Litigation 88

IPilogue

SEPTEMBER 22, 2022

Mike Burgersburg published multiple articles critical of cryptos on his blog hosted on Substack. Then, a company called UNFT News copied those articles and published them on their website but post-dated them. Therefore, he temporarily lost his blog by July 15, 2022.

Copyright 105

Copyright Blogging Plagiarism Publishing 105

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. After Judge Anderson allowed the Yonay case to proceed past the pleading stage , the parties designated dueling experts.

Copyright 91

Copyright Copyright Infringement Social Media Licensing 91

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

Plagiarism Today

JANUARY 4, 2023

In October 2022, the Competition Commission of India (CCI) fined Google some 13.38 According to Google, there were at least 50 instances of copying, some of which were “word-for-word”. Copy and Paste Roundup. That decision was recently upheld by the European Court of Justice , though the fine was slightly reduced.

Plagiarism 209

Plagiarism Copying Reporting Licensing 209

Technology & Marketing Law Blog

JANUARY 13, 2024

” The article didn’t mention that mandatory online age authentication is also unconstitutional. 5) As used in this subdivision, “facilitate, aid, or abet” means to deploy a system, design, feature, or affordance that is a substantial factor in causing minor users to be victims of commercial sexual exploitation.

Social Media 68

Social Media Reporting Designs Design 68

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022.

Government 95

Government Intellectual Property Licensing Copyright 95

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

In their Law360 Expert Analysis article, principals Kenneth Darby and Josh Griswold discuss the state of USPTO Director review since the Supreme Court’s decision in Arthrex. Read the full article on Law360. PDF copy available. 25] And maybe this divergence is by design. 3, 2022). [25] Arthrex Inc. Apple Inc.

Patent 52

Patent Art Technology Law 52

Technology & Marketing Law Blog

JUNE 11, 2022

March 21, 2022). RCN Telecom Services, LLC , 2022 WL 1291388 (D. April 29, 2022). It also clearly had the right and ability to control the display of the Subject Images—its own employees published the infringing articles—and it received a financial benefit from them in the form of paid advertising. * SA Music LLC v.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

Kluwer Copyright Blog

SEPTEMBER 28, 2022

© Simon Geiregat 2022. Leaning on the findings from two freely available research articles on portability in recent consumer protection law and on the Data Act proposal , this two-post contribution offers an overview and some food for thought. Data portability rights are hot in EU legislation.

IP 94

IP Contracts Social Media Copying 94

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. PermaKat Eleonora Rosati wrote an article about those referrals and summarised it here.

Intellectual Property 67

Intellectual Property Reporting Designs Design 67

The IPKat

AUGUST 5, 2022

The IPKat has received and is pleased to host the guest contribution below by Anna Maria Stein (Eversheds Sutherland), who comments on two recent decisions of the Italian Supreme Court concerning use of the designation 'Made in Italy'. The relevant rules are those set forth in Article 4, paragraphs 49 and 49 bis of Law No.

Law 109

Law Copying Trademark Marketing 109

Copyright Lately

OCTOBER 3, 2022

Because Alexander didn’t register copyrights in her tattoo designs until shortly before filing her complaint in 2018 (long after the claimed infringement first occurred), she’s not entitled to seek recovery of her attorneys’ fees under the Copyright Act. Skull arm design. Bible verse design. Upper back design.

Fair Use 80

Fair Use Designs Design Licensing 80

Kluwer Copyright Blog

MAY 9, 2023

In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive. Articles 3 and 4 CDSM Directive then contain two TDM-related mandatory exceptions.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

Plagiarism Today

JANUARY 5, 2022

On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. This means that others are free to copy, publish, distribute, create new works based upon it and otherwise make use of it without a license. However, the name that’s received the lion’s share of the attention has been A.A.

Public Domain 353

Public Domain Art Publishing Plagiarism 353

The IP Law Blog

SEPTEMBER 22, 2022

On August 24, 2022, the Ninth Circuit issued its opinion in P and P Imports, LLC v. Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017.

Copying 98

Copying Marketing Marketing Advertising 98

Michael Geist

OCTOBER 3, 2022

Appearance before the House of Common Standing Committee on Canadian Heritage, September 23, 2022. First, the approach to the “use” of news articles extends far beyond what a reasonable person would consider use. Section 2(2) covers both reproduction of any portion of a news article and facilitating access to news by any means.

Journalism 90

Journalism Law Government Copyright Law 90

Plagiarism Today

JANUARY 5, 2023

As we discussed earlier this week , artificial intelligence was by far the biggest and most important plagiarism story of 2022 and likely will be in 2023. That has been further compounded by the release of ChatGPT in November 2022. The issue is simple. Advantages: . Already baked into current assessment systems.

Plagiarism 224

Plagiarism Editing Technology Contracts 224

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Substantive Requirement (Article 2). Formal Requirements (Article 3). Use e-filing.

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109

TorrentFreak

OCTOBER 4, 2022

Alleged Infringement of ‘Copyrighted Images’ In March 2022, Richard Byrne of freetech4teachers.com uncovered a scam in which website operators were informed by supposed law firm Arthur Davidson Legal that they’d infringed copyright in an image and a lawsuit could follow. Some of the sites targeted are listed below.

Social Media 124

Social Media Copyright Infringement Copyright Copying 124