The IPKat

APRIL 2, 2024

Copyright and Designs Katfriend Henning Hartwig analysed the German Federal Supreme Court’s recent referral to the CJEU for clarification about assessing the originality of works of applied art for copyright purposes, as well as the differences between design and copyright protection.

Intellectual Property 57

Intellectual Property Social Media Invention Copyright 57

TorrentFreak

NOVEMBER 25, 2022

Bitmanagement said it never authorized this type of use and when it discovered that the Navy had installed the software on hundreds of thousands of computers, the company took legal action. Last year, the Court of Appeals for the Federal Circuit sided with the German software company, concluding that the US Government was indeed liable.

Copyright Infringement 98

Copyright Infringement Copying Licensing Copyright 98

IPilogue

AUGUST 2, 2022

On July 15, 2022, the Supreme Court of Canada (“SCC”) released its decision for the case Society of Composers, Authors and Music Publishers of Canada (“ SOCAN ”) v. does not entitle authors to an additional “making available” royalty for making the work available online. Entertainment Software Association (“ ESA ”). Thus, section 2.4(1.1)

Music 122

Music Copyright Intellectual Property Licensing 122

TorrentFreak

SEPTEMBER 28, 2022

Through this venue, hosted at the US Copyright Office, rightsholders can try to recoup alleged damages outside the federal court system. It features popular reading app AnyStories , which allows independent authors to share their writings in public and earn revenue from them, going up against Cloudflare. Apology Please.

Copyright 111

Copyright Copying Publishing 111

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate, by David Boundy – Boundy.2021.HowToUseGuidance.pdf. By Jason Rantanen.

Journalism 54

Journalism Trademark Patent Patent Law 54

Patently-O

APRIL 6, 2023

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. WPL , the Federal Circuit squarely addressed the copyrightability question.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

LexBlog IP

JUNE 10, 2022

Court of Appeals for the Federal Circuit to persuade the court that his AI system DABUS should be credited for two inventions it generated – an improved beverage container and a “neural flame” device used in search-and-rescue missions. What about a spiritual being who authors a book ?

Copyright 52

Copyright Copyright Law Law Intellectual Property 52

IP Intelligence

JUNE 10, 2022

Court of Appeals for the Federal Circuit to persuade the court that his AI system DABUS should be credited for two inventions it generated – an improved beverage container and a “neural flame” device used in search-and-rescue missions. What about a spiritual being who authors a book ? On Monday, Thaler argued before the U.S.

Copyright 52

Copyright Copyright Law Law Intellectual Property 52

The TTABlog

SEPTEMBER 20, 2021

[Caveat: Marty Schwimmer and Yours Truly represented David Beasley in this appeal]. Court of Appeals for the Third Circuit reversed the order of the New Jersey district court dismissing David Beasley's Section 43(a) infringement claim on the ground of claim preclusion. David Beasley v. Howard , Appeal No. 20-1119 (3rd Cir.

Registration 78

Registration Litigation Trademark Branding 78

IPilogue

AUGUST 11, 2021

Ryan Abbott is Professor of Law and Health Sciences at the University of Surrey School of Law and Adjunct Assistant Professor of Medicine at the David Geffen School of Medicine at UCLA. The FDA authorized an autonomous AI system that provides point of care assessment for certain eye diseases.

Intellectual Property 112

Intellectual Property Inventor Invention Business 112

IPilogue

JANUARY 14, 2022

David Vaver. David Vaver. On July 28, 2021, the Federal Court of Appeal confirmed overbreadth as a standalone attack on patent validity: Seedlings Life Science Ventures, LLC v Pfizer Canada ULC. Three subsequent Federal Court of Appeal decisions developed this provision further: CanMar Foods Ltd v TA Foods Ltd.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

IPilogue

OCTOBER 19, 2022

David Vaver is a member of IP Osgoode’s Advisory Board, an I ntellectual P roperty Law Professor at Osgoode Hall Law School and an Emeritus Professor of IP & IT Law at the University of Oxford. A version of this paper is scheduled to be published in the Intellectual Property Journal. Thanks to Ronald M. Lieberman, Christopher G.

Copyright Infringement 106

Copyright Infringement Copyright IP Designs 106

Patently-O

FEBRUARY 17, 2023

The guide will quickly become leading the go-to source as Federal Judges manage their growing trade secrecy caseloads. Menell * As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts to reinforce trade secret protection a decade ago.

Litigation 105

Litigation Intellectual Property Business Government 105

TorrentFreak

AUGUST 13, 2021

These services generally offer all of the games (including 3pm kickoff matches) at a very low price but they are prone to disruption if they attract the attention of rightsholders and the authorities. That appears to be the case in respect of a few suppliers this week. Suspected IPTV Suppliers Targeted in the UK.

Cease and Desist 136

Cease and Desist Television Reporting Copyright 136

SpicyIP

JANUARY 22, 2024

Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds Image from here Test before you profess? Roger David and Ors. AI company Anthropic asks Tennessee Federal Court to reject lawsuit by three music publishers. Other Posts Nuziveedu v. Saga Music Pvt. Delhi High Court to determine.

Patent Prosecution 59

Patent Prosecution Music IP Registration 59

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Although the term “ author ” is not defined in the federal statute , the first owner of copyright is presumed to be the person who creates the work. Shayna Jan is a 3L J.D. Authorship.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Michael Geist

JUNE 28, 2022

Last Tuesday, Justice Minister David Lametti tabled his department’s Charter statement for Bill C-18, the Online News Act. If the bill passes, it is likely to be challenged on the grounds that the regulations that touch on the news sector fall outside the federal government’s jurisdiction.

Government 93

Government Confidentiality Designs Design 93

Patently-O

OCTOBER 4, 2021

Sweetland, The Federal Trade Commission’s (FTC) Recommendations to the International Trade Commission (ITC): Unsound, Unmeasured, and Unauthoritative , 2011 Patently-O Patent Law Journal 1 ( levi.ftcunsound.pdf ). Menell, The International Trade Commission’s Section 337 Authority , 2010 Patently-O Patent L.J. , 2019 PatentlyO L.J.

Art 125

Art Journalism Patent Law Invention 125

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. In addition, 21 other states, including Michigan, have no title laws or permitting authority for interior designers at all.

Designs 52

Designs Design Law Contracts 52

LexBlog IP

OCTOBER 30, 2022

By: Zach Schroeder and David Barker. Further, Poterbin argues that Luka99 has failed to produce any authority allowing Doncic to unilaterally withdraw his consent after issuance of the “Luka Doncic 7” mark. 15 U.S.C. § § 1052(c).

Trademark 40

Trademark Registration Privacy Contracts 40

TorrentFreak

MARCH 31, 2023

Canada’s Blocking Fast Track Canada’s Federal Court approved the country’s first IPTV blocking order in 2018, and the Federal Court of Appeal upheld it in May 2021. The Federal Court obliged and in 2022, Justice William F. Did the Federal Court ask the ISPs to monitor customer traffic?

IP 129

IP Reporting Confidentiality Privacy 129

Patently-O

AUGUST 26, 2022

By David Hricik, Mercer Law School. Absent a showing of fraud or notice on the part of persons dealing with the named spouse, this sole-management presumption protects third parties who rely on the spouse’s authority to deal with the property.” The Federal Circuit affirmed dismissal for lack of standing. Walmart (Case No.

Ownership 54

Ownership Inventor Patent Due Diligence 54

TorrentFreak

OCTOBER 7, 2022

Last summer, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. Among other things, it accused the game company of accessing the computer of defendant James May without authorization, which AimJunkies equates to hacking. False and Unsupported.

Copyright 69

Copyright Privacy Copyright Infringement Copying 69

Patently-O

OCTOBER 4, 2021

Sweetland, The Federal Trade Commission’s (FTC) Recommendations to the International Trade Commission (ITC): Unsound, Unmeasured, and Unauthoritative , 2011 Patently-O Patent Law Journal 1 ( levi.ftcunsound.pdf ). Menell, The International Trade Commission’s Section 337 Authority , 2010 Patently-O Patent L.J. , 2019 PatentlyO L.J.

Journalism 104

Journalism Art Patent Law Invention 104

Patently-O

AUGUST 9, 2022

The Federal Circuit is now considering a pending en banc petition in Novartis Pharm. The original Federal Circuit opinion penned by Judge O’Malley sided with the patentee; Chief Judge Moore wrote in dissent. David Hricik. by Dennis Crouch. Accord Healthcare, Inc., 21-1070; petition from 38 F.4th 4th 1013 (U.S.

Invention 60

Invention Art Patent Law 60

Patently-O

DECEMBER 18, 2023

Although the Act has been amended numerous times, since its original passage it has expressly required applicants to provide their domicile when applying for a federal trademark registration. “The application shall include specification of the applicant’s domicile.” ” 15 U.S.C. 1051(a)(2). Boundy Brief.

Trademark 44

Trademark Privacy Registration Licensing 44

Technology & Marketing Law Blog

FEBRUARY 27, 2022

In January, the Points Guy LLC and American Airlines filed dueling legal complaints against each other, with TPG filing for a declaratory judgment in the state court of Delaware and American Airlines filing a complaint in federal court in the Northern District of Texas. On January 9th, American Airlines sent TPG a cease-and-desist letter.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Erik K Pelton

MARCH 11, 2022

“The Federal Trade Commission (“Commission”) proposes to commence a rulemaking proceeding to address certain deceptive or unfair acts or practices of impersonation. 15] Based on the comments, consumers could easily be deceived by the solicitations because they appear to be from the federal government. Posing as the actual U.S.

Government 147

Government Business Trademark Blogging 147

TorrentFreak

JANUARY 31, 2023

MindGeek Sues Goodporn Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. MindGeek initially tried to contain the problem by sending DMCA takedown notices.

Copyright Infringement 82

Copyright Infringement Contracts Ownership Copyright 82

Velocity of Content

OCTOBER 4, 2022

One obvious impact of the recent OSTP memo calling for zero embargo public access policies for articles resulting from research funded by US Federal agencies is that it will increase the speed at which publishers commit to an Open Access (OA) future. These funds are included as ‘indirect costs’ charged against federal awards.”

Journalism 98

Journalism Publishing Licensing Copying 98

The IP Law Blog

MARCH 31, 2022

Because Densy’s script was based on historical facts, and because Desny only conveyed the bare minimum of those facts to Wilder’s secretary, both parties conceded for the purpose of the appeal that the synopsis was not sufficiently original to form the basis of a federal copyright claim.

Contracts 96

Contracts Law Artwork Copyright 96

Patently-O

SEPTEMBER 26, 2022

According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. But, the Federal Circuit concluded that the specification should have done more to disclose those binding elements, including all “known and unknown” elements covered by the claims.

Patent Law 125

Patent Law Law Patent Invention 125

LexBlog IP

JULY 25, 2023

The CTA empowers FinCEN to collect this information to establish and maintain a national registry of beneficial owners of entities that are deemed “reporting companies” The information collected can be disclosed to authorized government authorities and financial institutions, subject to effective safeguards and controls.

Ownership 52

Ownership Reporting Business Registration 52

TorrentFreak

JANUARY 31, 2023

MindGeek Sues Goodporn Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. MindGeek initially tried to contain the problem by sending DMCA takedown notices.

Copyright Infringement 69

Copyright Infringement Contracts Ownership Copyright 69

IIPRD

FEBRUARY 16, 2024

Patents, Copyrights, and Trademarks can be registered to ensure that no individual would be eligible for economic gains apart from the author or the buyer of the rights. Access to trade secrets should be limited and given to authorized personnel after precautionary checks. Trade secrets have their peculiar way of being protected.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

LexBlog IP

MARCH 31, 2022

Because Densy’s script was based on historical facts, and because Desny only conveyed the bare minimum of those facts to Wilder’s secretary, both parties conceded for the purpose of the appeal that the synopsis was not sufficiently original to form the basis of a federal copyright claim.

Contracts 52

Contracts Artwork Law Ownership 52

LexBlog IP

DECEMBER 28, 2022

But as the authorities discussed in the Sedona Commentary on Equitable Relief demonstrate, injunctive relief is no longer automatic. It has long been conventional wisdom that a trade secret owner’s workforce poses the greatest threat to its trade secrets.

Litigation 52

Litigation Licensing Journalism Reporting 52