Erik K Pelton
JULY 3, 2023
The following is an edited transcript of my video The Power of Brand Jingles. A jingles is a form of slogan, but with a tune or sometimes music that accompanies it. Some memorable jingles include: McDonald’s: I’m lovin’ it Rice Krispies: Snap, Crackle, Pop Toys R Us: I’d rather be a Toys R Us kid What would you do for a Klondike bar?
IP Law 360
JULY 3, 2023
Skittles creator Wrigley and cannabis company Terphogz told an Illinois federal judge Monday they have reached a settlement over Terphogz's marketing and sales of its cannabis products under "Zkittlez," which includes a permanent injunction prohibiting the company from ever using the "Skittles" or "Zkittlez" marks and giving up a similarly named website.
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Patently-O
JULY 3, 2023
Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri, head of our IP student association, and a registered patent agent. He has an extensive background in chemistry and food science. Medytox, Inc. has appealed a decision made by the Patent Trial and Appeal Board regarding a post-grant review proceeding under the new Pilot Program.
IP Law 360
JULY 3, 2023
Justice Samuel Alito conjured up a bizarre hypothetical about selling dog urine, Justice Amy Coney Barrett elicited a bit-too-personal childhood anecdote during oral argument, and Justice Neil Gorsuch cracked wise about attorneys inflating their hours. Here, Law360 highlights the moments from this term that briefly achieved that rarest of alchemies, turning lawyering into laughter.
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?
JD Supra Law
JULY 3, 2023
A June 29, 2023 Supreme Court ruling limits the reach of the Lanham Act to essentially only domestic use of a mark in commerce. The Supreme Court’s opinion in Abitron Austria GmbH v. Hetronic Int’l Inc. overturns a Tenth Circuit decision affirming a $90 million judgment for Hetronic International for trademark infringement based on defendants’ domestic and foreign sales.
IP Law 360
JULY 3, 2023
The court's conservative supermajority continued to upend precedent this term, but the justices didn't always fall along ideological lines in blockbuster cases. The dissents were no less spicy, though they sometimes pitted longtime allies against each other.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
JULY 3, 2023
The Ninth Circuit has refused to revive a woman's suit claiming the rock band Nirvana stole her late grandfather's illustration of Dante's circles of hell, saying the case belongs in the United Kingdom because it doesn't present an enforceable U.S. copyright interest.
JD Supra Law
JULY 3, 2023
On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with Abitron’s foreign sales of infringing products.
IP Law 360
JULY 3, 2023
Biosimilar versions of AbbVie's Humira are finally hitting the U.S. market after AbbVie successfully used a controversial "patent thicket" to shut down competition to the blockbuster immunosuppressant for years, a strategy that the Seventh Circuit ultimately upheld following heated litigation.
43(B)log
JULY 3, 2023
Industria De Alimentos Zenu S.A.S. v. Latinfood U.S. Corp., No. 16-6576 (KM) (MAH), 2023 WL 4200169, -- F. Supp. 3d (D.N.J. Jun. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The court granted summary judgment against Latinfood on the counterclaims, and gave partial victories to both sides on the main claims.
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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.
The IPKat
JULY 3, 2023
While July has just started , here is what you missed during the last week of June. Patents Image by Pixabay via Pexels Benjamin Goh reported on the first ever patent challenge before the Unified Patent Court. The post considered the first patent revocation action, filed on the 2nd of June, and the subsequent 10 proceedings that took place before the end of the first month since the UPC came into force.
43(B)log
JULY 3, 2023
Painters & Allied Trades District Council 82 Health Care Fund v. Takeda Pharm. Co., 2023 WL 4191651, -- F. Supp. 3d --, No. 2:17-cv-07223-JWH-AS (C.D. Cal. May 24, 2023) I tell my students that probabilistic claims are easier for competitors to bring than directly harmed consumers themselves, because competitors can aggregate harm, whereas if a court thinks that only 45% of consumers were deceived it may well reject a direct consumer protection claim.
JD Supra Law
JULY 3, 2023
Companies that may face consumer fraud claims in West Coast courts will want to take a close look at the Ninth Circuit’s decision this month in McGinity v. Procter & Gamble Co., __ F.4th __, 2023 WL 3911531 (9th Cir. June 9, 2023). The Ninth Circuit provided some much-needed clarity on how lower courts within its jurisdiction should reconcile two seemingly conflicting precedents on how to apply the “reasonable consumer” test to seemingly fanciful claims brought under California’s consumer fr
Likelihood of Confusion
JULY 3, 2023
With apologies to James Taranto — this is what came up on my Google alert for trademark news tonight: Analysts: iPhone Trademark Dispute Likely To Be Resolved Quickly Mac Rumors. The post What would we do without experts? appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JULY 3, 2023
Given the recent explosion of interest in Generative AI that came along with the introduction of ChatGPT in November, and the fact that Proskauer is advising clients on AI issues across almost all practice areas, the firm put together an integrated cross-disciplinary series of webinars designed to answer many of the questions presented by this emerging technology.
LexBlog IP
JULY 3, 2023
Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act. According to the FTC’s announcement, the revisions include: 1) articulating a new principle regarding procuring, suppressing, boosting, organizing, publishing
JD Supra Law
JULY 3, 2023
On June 22, 2023, Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) announced the reintroduction of legislation to reform the patent eligibility requirements under 35 U.S.C. § 101.
IP Law 360
JULY 3, 2023
Recent challenges encountered by design patent owners seeking adverse judgments at the Patent Trial and Appeal Board show these owners should consider the unique nature of such claims when preparing statutory disclaimers needing a swift resolution, say Kelly Horn and Elizabeth Ferrill at Finnegan.
JD Supra Law
JULY 3, 2023
On January 1, 2022, the latest amendments to the Illinois Freedom to Work Act (“Act”) became effective. As we previously described, that Act sets forth various requirements governing restrictive covenant agreements in Illinois. Among other things, the Act codified the so-called Fifield Rule by defining adequate consideration for enforcement of a restrictive covenant to be either two years of employment or some other consideration, such as “additional professional or financial benefits.”.
BYU Copyright Blog
JULY 3, 2023
On April 10, 2023, Pawel Libera (“Libera”) filed a Complaint against the NEW YORK PREPARATORY SCHOOL, INC. DBA THE DWIGHT SCHOOL (“NYPSI”) for copyright infringement.Libera is the owner of Libera Design and is a professional photographer, he specializes in tourism advertising as well as motion-controlled-time lapse. Libera’s work “was and is widely published worldwide” and “used on TV and in advertising.
JD Supra Law
JULY 3, 2023
The China National Intellectual Property Administration (“CNIPA”) recently released its Rules On Suspension of CNIPA Trademark Proceedings (the “Suspension Rules”) and related explanations. The Suspension Rules are intended to provide clear guidance on the circumstances under which a CNIPA trademark proceeding shall be or may be suspended.
Above the Fold
JULY 3, 2023
Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act. According to the FTC’s announcement, the revisions include: 1) articulating a new principle regarding procuring, suppressing, boosting, organizing, publishing, upvoting, downvoting, or edi
JD Supra Law
JULY 3, 2023
The Supreme Court of the United States has denied a plea to resolve a 20-year circuit split regarding the extent to which the Copyright Act preempts private contracts involving a promise not to copy digital content. The case stemmed from the petitioner Genius’s allegation that Google copied song lyrics from Genius’s website without permission and used them in connection with Google’s competing website.
43(B)log
JULY 3, 2023
Blacks in Technology Int’l v. Greenlee, 2023 WL 4186376, No. 3:20-CV-3008-X (N.D. Tex. Jun. 26, 2023) On one side: Blacks in Technology International (BIT International), Blacks United in Leading Technology International (BUILT), and Blacks in Technology, Texas (BIT Texas). On the other: Blacks in Technology, LLC (BIT LLC) and two individual defendants, Greenlee and Schultz.
JD Supra Law
JULY 3, 2023
I. Introduction - In Abitron Austria GmbH v. Hetronic Int’l, Inc., the Supreme Court adopted a restrictive rule governing extraterritorial applications of the federal Lanham Act. In doing so, the Court rejected the prevailing view among the federal circuit courts of appeals that the Act’s text rebuts the general presumption against extraterritorial applications of federal law.
43(B)log
JULY 3, 2023
Gibson v. SCE Gp. Inc., 2023 WL 4229913, No. 22-916 (2d Cir. Jun. 28, 2023) Another models (and one model’s sister) v. nightclubs case. Gibson et al. appealed partial summary judgment against them on on their claims for false endorsement under section 43(a) of the Lanham Act, and violations of New York Civil Rights Law sections 50 and 51. Appellant Burciaga also appealed a judgment awarding her $5,000.
JD Supra Law
JULY 3, 2023
The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc. v. VIP Products LLC wherein the Court rejected an expansive view of the interplay between the First Amendment and the Lanham Act, that would have made it more difficult for brand owners to enforce against so-called parody products based on trademark infringement.
IP Law 360
JULY 3, 2023
A California federal jury had to look past combative testimony from a Beverly Hills urologist when it found last month that his rival stole cosmetic implant trade secrets, an outcome the urologist's attorney at boutique firm Waymaker LLP attributed to a strong direct examination of the defendant that left him "red-faced" and "sputtering.
TorrentFreak
JULY 3, 2023
Many pirate sites have attracted large volumes of traffic over the years but a relatively new breed of streaming portals have taken things to a whole new level. Excellent traffic levels a few years ago were measured in tens of millions of visits per month, but when Soap2Day suddenly threw in the towel around June 12/13, the site was receiving at least 108 million visits.
IP Law 360
JULY 3, 2023
A New Jersey federal judge has sided with drugmaker Orexo in a patent suit lodged against competitor Sun Pharmaceuticals over generic versions of opioid addiction treatment Zubsolv, upholding the asserted biotechnology and deeming it infringed by the challenged generics.
The IPKat
JULY 3, 2023
The UK government has issued new guidance on how the Windsor Framework will be applied to medicines. The UK has also released details of transitional measures that will operate until the Windsor Framework comes into effect. Whilst the guidance and transitional measures provide some clarity on the regulatory framework for medicines in Great Britain and Northern Ireland, questions remain on how the changes may affect UK Supplementary Protection Certificates (SPCs).
IP Law 360
JULY 3, 2023
Brita LP's legal victory over rivals in the water purification industry was dampened on Monday, after the U.S. International Trade Commission announced it would review a judge's ruling that top water filter makers infringed on patents covering Brita's water filtration system.
IP Law 360
JULY 3, 2023
Juul has filed a complaint with the U.S. International Trade Commission accusing Altria Group Inc. and its newly acquired subsidiary NJOY LLC of importing vaporizer devices and cartridges that infringe Juul's patents, asking the agency to keep the products out of the U.S.
IP Law 360
JULY 3, 2023
The U.S. Supreme Court wrapped up its term last week with a series of blockbuster rulings striking down affirmative action and the government's ambitious plan to eliminate billions of dollars in federal student loan debt, and siding with a website designer opposed to same-sex weddings and a religious former postal worker seeking workplace accommodations.
IP Law 360
JULY 3, 2023
Despite a trio of dramatic decisions by its conservative majority as the term concluded, the U.S. Supreme Court largely defied expectations that its six Republican-appointed justices would use their numbers to run roughshod over their liberal colleagues, instead delivering often narrow decisions that were heavier on consensus than division.
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