Sat.Apr 20, 2024 - Fri.Apr 26, 2024

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3 Count: Non-Infringing Tattoos

Plagiarism Today

Tattoo artist loses copyright trial, India rules some textbooks can't be copyright protected and CBS takes down massive review. The post 3 Count: Non-Infringing Tattoos appeared first on Plagiarism Today.

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Top 25 Benefits of a Registered Trademark

Erik K Pelton

The following is an edited transcript of my video 25 Benefits of Trademark Registration. It allows the owner to use the ® symbol, which conveys a brand’s status and helps ward off Infringers. You appear in the USPTO database, so when other brands are searching and clearing new names, it helps avoid conflicts. By being in the database, examiners will automatically block any conflicting application for a similar name, similar goods and services, and likely to cause confusion.

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Dave Rowntree is Suing the UK Performing Rights Society Over Misallocation of Unmatched Royalties (Black Box)

The Trichordist

According to press reports, Dave Rowntree of Blur filed the UK equivalent of a class action lawsuit against PRS (the UK version of ASCAP and BMI).

Reporting 127
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‘Smart IPTV’ App Blocked By ISPs, Despite it Carrying Zero Illegal Streams

TorrentFreak

In a world where users can have their own ChatGPT-like AI instances up and running on their own PCs, in just a handful of minutes, for zero spend and completely legally, the app experience on smart TVs rarely fails to disappoint. Yet when smart TV users somehow manage to clunk their way through, say, LG’s menus, and then avoid the avalanche of distractions that exist purely to break their will, only disappointment lies ahead for the IPTV-curious.

Reporting 106
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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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The 5 Best Uses of the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is a powerful tool for resolving copyright disputes, but only in certain situations. Here are five to remember. The post The 5 Best Uses of the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 179
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Gambling Co., Casinos Battle Over Shuffler Antitrust Claims

IP Law 360

Scientific Games successor Light & Wonder has urged an Illinois federal judge not to certify a class of automatic card shuffler buyers, even as the riverboat casinos accusing it of tricking the patent office into shoring up its shuffler monopoly argued that their claims should go to trial.

Patent 84

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Navigating Halal Financing for Residential and Commercial Transactions in Canada

Nelligan Law

Reading Time: 3 minutes Halal financing adheres to Islamic principles, which prohibit the payment or receipt of interest (riba) and promote ethical and equitable financial practices. In residential transactions, Halal financing typically involves structures such as Murabaha (cost-plus sale), Ijarah (leasing), Musharakah (partnership), and Istisna’a (manufacturing contracts).

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LaLiga Targets Apple & Google Bosses For Failing to ‘Remote Delete’ IPTV App

TorrentFreak

Spain found itself at the center of a worldwide controversy last month when it was revealed that various rightsholders had somehow managed to convince a local judge to block Telegram in its entirety. Under intense pressure, the judge quickly rolled back the decision after an advisor concluded that the planned measure was massively disproportionate. Just weeks later, a row over an app that’s no longer available from any official app store, seems to be heading towards another controversy and

Copying 84
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What Did We Just Acquire? An Introduction to the Taxation of Acquired Intangibles

JD Supra Law

In addition to being developed in-house, intellectual property (“IP”) can obviously be acquired from third parties. IP acquisitions may be more germane now than in the recent past as developers race to create and monetize artificial intelligence (“AI”) tools. But, while AI platforms might be the shiniest and most interesting objects in the current IP arena, acquirers still have to deal with much older (and mundane) tax questions like: (i) what is being acquired and (ii) how is its cost.

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State Of Punjab vs. V.K. Khanna and Ors. Civil Appeal 6963 Of 2000

IP and Legal Filings

INTRODUCTION The principles of natural justice are classified into audi alteram partem (hear the other side) and nemo judex in causa sua. [1] The case in hand deals with the concept of “ Nemo judex in causa Sua ” which means that “no one should be a judge in their cause”, also “ Rule against bias. “ [2]. The dispute stands between the “last phase of the earlier government” and the “initial phases of the then-present government” in “Punjab”.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Zuckerberg Avoids Personal Liability for Social Media “Addiction”–In re Social Media Addiction

Technology & Marketing Law Blog

I never blogged the dual state and federal rulings in the Social Media Addiction cases from last Fall. I wrote up a 4,000 word draft about the state court ruling, but the federal ruling came out before I finished it. I couldn’t blog just the state case without discussing the new development, so I planned to modify my blog post on the state court ruling to compare/contrast the federal ruling.

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‘BestBuyIPTV’ Operator Sentenced in Vietnam’s First Ever Online Piracy Conviction

TorrentFreak

In recent years, copyright holders have paid close attention to a growing number of large piracy services with connections to Vietnam. Popular brands including Fmovies, AniWave, 123movies, BestBuyIPTV, 2embed, and Y2mate are all linked to the Asian country, which was recently branded a ‘piracy haven’ BestBuyIPTV Conviction To curb this trend, western rightsholders have been working with local authorities to bring local investigations and enforcement efforts up to par.

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USPTO Issues Guidance on Using Artificial Intelligence Tools

JD Supra Law

On April 10, 2024, the United States Patent and Trade Office (USPTO) announced guidance regarding the use of artificial intelligence (AI) tools before the USPTO.

Patent 82
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AI Visualize and the Eligibility of Innovative AI Systems

Patently-O

by Dennis Crouch The recent eligibility decision in AI Visualize v. Nuance , __ F.4th __ (Fed. Cir. 2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? In his recent article, Prof. Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.” Nikola L.

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They Deserve It: TikTok Forced Sale Legislation Advances to Senate

The Trichordist

The most remarkable aspect of the pending legislation in Congress that would force a sale of TikTok is how much money and how many high profile lobbyists… Read more "They Deserve It: TikTok Forced Sale Legislation Advances to Senate"

Music 73
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Premier League Wants GoDaddy to Identify Live Streaming Pirates

TorrentFreak

England is widely regarded as the ‘home of football’ and the Premier League is its top competition, drawing hundreds of millions of viewers from all over the world. Aside from the sportive stakes, the Premier League also has a vested interest in selling broadcast rights. These rights generate billions of pounds in revenue per year; a staggering amount unmatched by any other football league.

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[Event] 15th Summit on Biosimilars & Innovator Biologics - June 20th - 21st, New York, NY

JD Supra Law

Hosted by American Conference Institute, the Summit on Biosimilars & Innovator Biologics returns to New York City, on June 20 - 21, 2024. Now in its 15th year, the 2024 conference will dive deep into the latest legal, regulatory, and commercial strategies for the biosimilar and innovator biologic industries.

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EUIPO Grand Board referral on EUTM conversions under Article 139(2)(b) EUTMR

The IPKat

In what is the first referral from the Executive Director of the EU's Intellectual Property Office (EUIPO), the EUIPO's enlarged Board of Appeal (the Grand Board) has been requested to clarify whether a EU Trade Mark (EUTM) application, which is withdrawn during the appeal period following a refusal decision from the EUIPO, can proceed to conversion to a national application.

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Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute

Patently-O

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis.

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Eli Lilly Tells Fed. Circ. $177M Patent Loss Was Rightly Axed

IP Law 360

Eli Lilly & Co. has urged the Federal Circuit to uphold a Massachusetts federal judge's decision that wiped out a $176.5 million verdict against it for infringing Teva migraine drug patents, saying the lower court correctly found the patent claims to be invalid.

Patent 59
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Trade Secrets/Non-Compete Quarterly Update | Q1 2024

JD Supra Law

Welcome to our Q1 Trade Secrets and Restrictive Covenant Report. As you will note from reading the report, the first quarter of 2024 continues the trend of state legislatures exploring the possibility of new restrictive covenant laws, a couple of significant trials (with wins for the defendants for a change) and a ruling by the Delaware courts that could give companies a new avenue for enforcing restrictive covenants.

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[UPCKat] Preliminary injunctions in the UPC: CUP&CINO v Alpina Coffee Systems

The IPKat

The UPCKat getting into the spirit of the proceedings As part of our UPCKat reporting on the latest UPC developments, the IPKat is kicking off a series of reporting on preliminary injunctions that analyzes the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of UPC advocate and guest UPCKat Agathe Michel-de Cazotte and members from the team at Carpmaels we kick off the first post in the series going back to September 2023 and the Vienna local di

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AI Armor: Learn How to Harness AI to Invest in Your Company’s Future

IP Watchdog

The battle for innovation in AI is relentless. AI Armor by Robert Plotkin is more than just a book about AI. Knowledge is power, and AI Armor provides those brave souls innovating in this space with actionable intelligence they can–and really must–use when navigating the turbulent waters of a tech industry experiencing a pivot moment.

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The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law

Michael Geist

A little over five years ago, I launched the Law Bytes podcast with an episode featuring Elizabeth Denham , then the UK’s Information and Privacy Commissioner, who provided her perspective on Canadian privacy law. I must admit that I didn’t know what the future would hold for the podcast, but I certainly did not envision reaching 200 episodes. I think it’s been a fun, entertaining, and educational ride.

Privacy 58
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What Have We Learned In The Year Since Warhol?

JD Supra Law

In May, it will have been a year since the U.S. Supreme Court decided Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith. In that case, the court held that Andy Warhol's silkscreens of the musician Prince based on a photograph taken by the photographer Lynn Goldsmith did not satisfy the first "fair use" factor and therefore infringed on Goldsmith's copyright.

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ERA IP-focused events and courses return with 25% discount for IPKat readers

The IPKat

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. Over the next few months, the following will take place and IPKat readers will have an opportunity to enroll with a 25% discount in the registration fees: Summer Course on European Intellectual Property Law Trier, 1-5 July 2024 This course will provide a thorough introduction to European intellectual property law.

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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. And why is that? Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.

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Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Technology & Marketing Law Blog

This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. This particular case, involving tattoo artist Hayden, videogame NBA 2K, and basketball players like LeBron James, reached a jury. The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case.

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Section 271(e)(1) Safe Harbor Applies to Importation Regardless of Intent or Actual Use

JD Supra Law

A divided panel of the Federal Circuit affirmed a district court’s grant of summary judgment of noninfringement, holding that importation of two product samples into the U.S. was reasonably related to obtaining FDA approval based on the particular facts of this case. In dissent, Judge Lourie disagreed, suggesting that summary judgment was not appropriate where factual disputes existed as to whether the importation was “solely” for purposes related to FDA approval.

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[UPCKat] Court of Appeal gives guidance on change of language request

The IPKat

Which language will it be? The AmeriKat sporting colors (and food) from the EPO's official languages About 15 years ago , the AmeriKat started her, sometimes, daily IPKat reportin g on the unitary patent package. This, even before, the CJEU challenge on language. Fast forward to 2024 (and skipping over the annus horribilis of 2016), we are nearing the first anniversary of the UPC opening its doors.

Patent 62
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Jack Daniel's, VIP Hold Firm In Yearslong Dog Toy TM Fight

IP Law 360

Jack Daniel's has told an Arizona federal court that VIP Products LLC's contention that its chewy, poop-themed dog toys in the shape of whiskey bottles do not infringe or dilute Jack Daniel's brand is an old argument, borne from a desire to litigate the case "from scratch" after the U.S. Supreme Court rejected its First Amendment defense last year.

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SCOTUS Scraps Vanda’s Bid for Guidance on Obviousness Standard

IP Watchdog

The U.S. Supreme Court today denied a petition for certiorari seeking clarification from the Court on the proper standard for a showing of obviousness. Vanda Pharmaceuticals filed the petition following the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) May 2023 decision invalidating Vanda’s patent on a method of using the drug tasimelteon to treat Non-24-Hour Sleep-Wake Disorder.

Art 52
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Patent Poetry: Federal Circuit Finds No Motive to Combine in Laser Projector Patent Case

JD Supra Law

The Federal Circuit has reversed a finding by the Patent Trial and Appeal Board (PTAB or Board) that certain challenged claims of a patent for a method for aligning a laser projector with respect to a work surface are unpatentable and affirming a finding that certain other claims of the patent are not unpatentable.

Patent 63
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Board of Appeal confirmed: Short jingle not protectable as a sound mark

The IPKat

Sound marks that can serve as jingles are difficult to protect in the EU. The registration practice seems inconsistent. Some jingles get registered while others are rejected although they appear to be equally ‘complex’. The relatively short jingle of a public transportation company had been rejected by the European Union Intellectual Property Office (‘EUIPO’) not too long ago (IPKat here ).

Art 62
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Shade Co. Calls $34.6M Patent Verdict 'Grossly Excessive'

IP Law 360

Home lighting fixtures company Lutron and rival GeigTech are continuing their legal fight after a New York federal jury found that Lutron owes GeigTech $34.6 million for infringing a patent, with Lutron saying the award was "grossly excessive.

Patent 52