43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 79

Social Media Ownership Designs Design 79

Indiana Intellectual Property Law

MAY 7, 2024

The U.S. (..)

Patent 52

Patent Marketing Marketing Technology 52

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Tech giants Nokia and Oppo enter into a cross-licensing agreement ending their patent disputes across multiple jurisdictions! But what about the public interest?

Music 59

Music Intellectual Property Copyright IP 59

LexBlog IP

JANUARY 25, 2024

As we kick off 2024, we reflect on regulatory developments in the biologics and biosimilars space in 2023. FDA Approvals In 2023, there were 23 FDA approvals of Biologic License Applications , including for Vertex’s CASGEVY and Bluebird’s LYFGENIA, the first cell-based gene therapies for the treatment of sickle cell disease.

Marketing 52

Marketing Marketing Licensing Litigation 52

LexBlog IP

DECEMBER 26, 2023

This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs. Atlanta Startup Growth Loan Program (ASGL) Mayor Andre Dickens has announced the Atlanta Startup Growth Loan Program (ASGL), a new initiative designed to bolster the growth of local technology startups in Atlanta.

Government 52

Government Business Contracts Inventor 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

The UKIPO chaired the meetings, while representatives from the Department for Culture, Media and Sport, the Office for Artificial Intelligence and the Competition and Markets Authority attended as observers. Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn.

Copyright Law 60

Copyright Law Copyright Law Music 60

LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. It is designed to capture anyone who can make important decisions on behalf of the entity. The CTA requires new companies or registered on or after the rule’s effective date of January 1, 2024, to provide identifying information of the Company Applicant.

Business 52

Business Ownership Reporting Registration 52

The IPKat

JANUARY 1, 2024

Their external appearance can be protected by copyright, design, trade mark or unfair competition law, though there are limits. The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024. An obvious one is the duration of most IP rights.

Art 73

Art Music Journalism Marketing 73

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The FDA had accepted the Biologics License Application for priority review in November 2022. Both drugs are PCSK9 inhibitors designed to lower low-density lipoprotein cholesterol.

Settlement 52

Settlement Litigation Patent Reporting 52

Technology & Marketing Law Blog

MARCH 11, 2024

The court explains this and other differences from Aereo: “Aereo involved a system designed for the sole purpose of transmitting the subject content and which had no plausible utility, in that configuration, other than the transmission of that content, whereas X/Twitter is a social media site with a range of potential uses.”

Music 77

Music Copyright Social Media Copyright Infringement 77

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. LEXIS 23688 (S.D.

Contracts 73

Contracts Advertising Advertising Privacy 73

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring.

Trademark 52

Trademark Marketing Marketing Contracts 52

LexBlog IP

JANUARY 25, 2024

The Court then unanimously overturned the Ninth Circuit’s ruling, holding that the parody dog chew toy resembling a Jack Daniel’s whiskey bottle fell outside the Rogers test because the challenged Jack Daniel’s trade dress was admittedly being used “as a designation of source for [VIP’s] own goods.”

Trademark 40

Trademark Designs Design Branding 40

Patently-O

AUGUST 3, 2023

The complaint alleges Pfizer and BioNTech initially tested different vaccine designs but ultimately chose to copy Moderna’s approach, despite being aware of Moderna’s patents. In the lawsuit, Moderna is seeking monetary damages for patent infringement but not injunctive relief taht would remove the Pfizer vaccine from the market.

Patent 97

Patent Patent Infringement Copying Technology 97

Technology & Marketing Law Blog

MARCH 25, 2024

” As the court notes, such tactics are exactly what anti-SLAPP laws are designed to combat. “Any failure by Brandwatch to secure the Licensed Materials was a precondition to CCDH’s access.” March 25, 2024) The post Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v.

Litigation 85

Litigation Contracts Advertising Advertising 85

The TTABlog

APRIL 17, 2024

TBL Licensing v. April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." The Court observed that "[a] party seeking to establish secondary meaning in a product design bears a 'formidable burden of proof.'"

Designs 62

Designs Design Advertising Advertising 62

LexBlog IP

AUGUST 29, 2023

The CTA takes effect on January 1, 2024, so it is crucial that you familiarize yourself with your company’s potential reporting obligations now. This is the second article in a new series about the CTA. This edition will provide a more detailed look at the exemptions from reporting requirements under the CTA.

Reporting 52

Reporting Ownership Business Government 52

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

Privacy 137

Privacy Designs Design Business 137

Technology & Marketing Law Blog

APRIL 28, 2024

The plaintiff alleged that the defendants’ dining chairs or barstools infringed two of plaintiff’s design patents. Perhaps most significantly, although many of the defendants’ barstools exhibit some similarity in the design of the seat and backrest, the bases of many of the barstools vary widely. Case Citation : Wang v. 24-cv-759 (N.D.

Patent 84

Patent Patent Troll Blogging Trademark 84

Technology & Marketing Law Blog

APRIL 27, 2024

The design elements use “a contrasting font color” making the notice legible on the dark background. Unlike the notices at issue in Berman , the sign-in screen here lacks clutter and uses “[c]ustomary design elements denoting the existence of a hyperlink.” appeared first on Technology & Marketing Law Blog. Warner Bros.

False Advertising 82

False Advertising Government Privacy Designs 82

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. The Sweet Sound of Victory?

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. on 14 February 2024 (Delhi High Court) The petitioner sought the removal of the respondent’s mark ‘CLOVER,’ registered in Class 9. The MHC in Novozymes v. Legislative Oversight? Read Yogesh’s take on this decision to know more.

Trademark 59

Trademark Copyright Registration Designs 59

Kluwer Copyright Blog

FEBRUARY 20, 2024

years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law. This must have been the key insight at the Polish Culture and National Heritage Ministry when the new administration took over and discovered that more than 2.5

Copyright Law 143

Copyright Law Copyright Law Government 143

The TTABlog

MARCH 28, 2024

88935220 (March 26, 2024) [not precedential] (Opinion by Judge Wendy B. The Board noted that more than 50 of the pairs include marks that differ by additional wording, design or stylization features that distinguish the marks. Welch 2024. How do you think this appeal came out? In re C&D Brewing Ventures, Inc.

Registration 62

Registration Copying Trademark Branding 62

SpicyIP

OCTOBER 23, 2023

Division Bench of the Bombay High Court Reaffirms No Statutory Licenses for Broadcast by Online Streaming Services Recently a division Bench of the Bombay High Court upheld the single judge’s order holding that Section 31D does not include internet broadcasting within its ambit. Case Summaries Hulm Entertainment Pvt. M/S Mex Switchgears Pvt.

Designs 52

Designs Design Music IP 52

Technology & Marketing Law Blog

JANUARY 10, 2024

The reality is that most websites are likely to have some 15-year-old users, even if the site isn’t designed to appeal to that audience. 9, 2024) Selected Related Blog Posts * Louisiana’s Age Authentication Mandate Avoids Constitutional Scrutiny Using a Legislative Drafting Trick–Free Speech Coalition v. Yost , No.

Social Media 83

Social Media Law Contracts Designs 83

Technology & Marketing Law Blog

JANUARY 23, 2024

— Simply put, consumers in 2024 have two options: 1) acquiesce to a systemic regime that requires them to waive their constitutional rights with every online transaction, or 2) have no access to the world of digital commerce, or even to access services that have an online or digital component. citation omitted).

Contracts 78

Contracts Blogging Advertising Advertising 78

Kluwer Copyright Blog

DECEMBER 26, 2023

Although until now the CNRA did not explicitly define the nature of exceptions, the Bulgarian doctrine traditionally perceived norms protecting the public interest as imperative by design. 19 of the Directive was deferred until the 3rd of December 2024. The Parliament acknowledged that with the implementation of arts.

Art 114

Art Music Publishing Law 114

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Controller of Patents & Designs Patent Office Mumbai. Microsoft Technology Licensing v. the licensee. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

AUGUST 25, 2023

In effect, the Maximum Fair Price (MFP) must be set at no more than 40-75% (depending on how long the product has been on the market without generic or biosimilar competition) of what the drug’s average manufacturer price was in the year 2021. Negotiations will take place over the course of the following year, ending on August 1, 2024.

Government 40

Government Marketing Marketing Publishing 40

SpicyIP

DECEMBER 24, 2023

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. Societe Des Produits Nestles.A

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 12, 2022

Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. AWACS data highlights that innovator drugs maintain market hold even after patent expiry.

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Copyright Infringement Settlement Registration Trademark 105