Plagiarism Today

AUGUST 12, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Phillies Should be Allowed to Use Modified Phanatic, Federal Judge in Copyright Dispute Says. First off today, Robert Moran at The Philadelphia Inquirer reports that a federal judge has recommended that the Philadelphia Phillies be allowed to continue to use their modified version of the famous Phillie Phanatic mascot even though the changes were relatively minor.

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Advertising Advertising Reporting Licensing 246

TorrentFreak

AUGUST 12, 2021

Triller’s campaign to haul alleged Jake Paul vs. Ben Askren fight pirates into US courts hasn’t been straightforward. After filing one big lawsuit, that was later reduced to just one defendant by a judge, Triller began filing individual complaints against some of the original defendants. Thus far, that venture hasn’t gone particularly well.

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IP Watchdog

AUGUST 12, 2021

President Joe Biden this week nominated Christopher Wilson to be Chief Innovation and Intellectual Property Negotiator at the Office of the U.S. Trade Representative (USTR). The position has not been filled since its creation in 2015. Wilson has been with the USTR for two decades, serving as Deputy Assistant U.S. Trade Representative for Innovation and Intellectual Property (2006-2008) and several Assistant U.S.

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Technology & Marketing Law Blog

AUGUST 12, 2021

Paul Nicklen is a highly acclaimed nature photographer. He posted a video of an emaciated polar bear wandering the Canadian Arctic to his Facebook and Instagram accounts to sound the alarm on climate change. Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.

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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?

Technology

SpicyIP

AUGUST 12, 2021

This Post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is presently working as a Senior Resident Fellow, Partnerships at Vidhi. Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018). He has also blogged for us in the past and was the SpicyIP Fellow for 2016.

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TorrentFreak

AUGUST 12, 2021

The Pirate Bay is arguably the best-known pirate site on the web. The iconic pirate ship logo is notorious around the world and more than 18 years after it first appeared online, the site still attracts millions of visitors. Pirate Bay Domains Expired. During most of its history, the site has operated from ThePirateBay.org domain. However, the official TPB-team also owned ThePirateBay.com and PirateBay.org.

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Advertising Advertising Business Copyright 132

The Illusion of More

AUGUST 12, 2021

Fight for the Future recently launched a new campaign website called End Creative Monopolies, and among its many vague declarations, the petition asks signatories to “demand the dissolution of the current US copyright system and a fundamental reimagining of artists’ rights and protections for the 21st century that shifts power away from creative monopolies and […].

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IP Watchdog

AUGUST 12, 2021

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a decision of the United States District Court for the Northern District of California granting judgment on the pleadings to Google, Facebook, EMC Corporation and VMware, Inc. that PersonalWeb Technologies' patent claims were ineligible under Section 101. The decision was precedential and written by Judge Prost.

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JD Supra Law

AUGUST 12, 2021

This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act. It also includes the same information for proceedings before the Patent Trial and Appeal Board concerning Orange Book-listed patents.

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IP.com

AUGUST 12, 2021

This guest blog was written for IP.com by Solitaired. Despite its fun and relaxing nature, solitaire can get a bit monotonous at times. That’s especially true for those who play. The post What is Solitaire: Lemelson MIT? appeared first on IP.com - IP Innovation and Analytics.

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Advertiser: IPO

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.

Patent

U.S. Department of Commerce

AUGUST 12, 2021

2020 Census Statistics Highlight Local Population Changes and Nation’s Racial and Ethnic Diversity. August 12, 2021. KCPullen@doc.gov. Thu, 08/12/2021 - 15:52. 2020 Census. Graphic on the Nation’s Racial and Ethnic Diversity. The following is a cross-post from the U.S. Census Bureau. The U.S. Census Bureau today released additional 2020 Census results showing an increase in the population of U.S. metro areas compared to a decade ago.

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JD Supra Law

AUGUST 12, 2021

Carolyn Toto recently joined host Joel Simon on his Industry Insights podcast continue the discussion of non-fungible tokens, related IP ownership issues and more. Joel Simon: Our discussion today is part of a series on non-fungible tokens, known as NFTs. We will take a look at some specific issues that are somewhat unique to NFTs, and try to give you, our listeners, some interesting things to watch out for as you wade into this relatively new space.

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Non-Fungible Tokens Ownership Social Media IP 101

Copyright Alliance

AUGUST 12, 2021

Imagine you’re an author, photographer, or songwriter who creates a website where you begin to post short stories, photos, or songs. You have a general familiarity with copyright law, have […]. The post Unicolors Case Presents the Supreme Court With an Opportunity to Reinforce the Foundations of the Copyright Registration System appeared first on Copyright Alliance.

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JD Supra Law

AUGUST 12, 2021

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. A software rights owner does not have to publish, affix a copyright notice, register with the copyright office, deposit copies of the software with the office to enjoy copyright protection….

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The IP Law Blog

AUGUST 12, 2021

At last, the NCAA has changed its policy on college athletes monetizing their name, image, and likeness, also known as their NIL. Who cares if the Supreme Court forced the NCAA’s hands in Alston v. NCAA , which didn’t directly address the issue but provided clear indicia that the Court intended to deal with the issue eventually? What matters is that college athletes can finally market their valuable NIL and enrich themselves while the NCAA is enriching itself during their college careers.

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JD Supra Law

AUGUST 12, 2021

On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") filed its Substantive Preliminary Motion No. 3 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party). This motion, pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.

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The IP Law Blog

AUGUST 12, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art. Watch the full video on the Weintraub YouTube Channel here. Listen to the podcast version of this episode on your favorite platform or online here.

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JD Supra Law

AUGUST 12, 2021

Many have argued that the PTAB is biased against patent owners, but one has to wonder whether they are taking into account the procedural benefits afforded to patent owners. As Intel experienced in its recent IPR, a petitioner gets one blind chance to make out its case for unpatentability. Intel Corp. v. XMTT, Inc., IPR2020-00145, Paper 37 (May 11, 2021).

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Patent 98

43(B)log

AUGUST 12, 2021

Panel 24 – Remedies: Thomas F. Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Ramirez—FCRA case where D allegedly failed to use reasonable care and people were falsely identified as potential terrorists; sought statutory damages, but most Ps were unable to show that the info had been distributed to third parties.

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IP Licensing Law Reporting 90

JD Supra Law

AUGUST 12, 2021

After practicing law for more than 20 years in Los Angeles and 15 years in Oklahoma City, entertainment industry veteran and Entertainment Practice Group Chair Jay Shanker is seeing more and more of a new class of clientele: filmmakers in Oklahoma. Jay discusses the burgeoning scene and Americana appeal that’s attracting internationally and nationally-known film professionals and how the industry, with potential to see significant growth over the next few years, could create additional long-term

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Law 98

Managing IP

AUGUST 12, 2021

As my time at Managing IP draws to a close, I’d like to take a moment to reflect on what I’ve learned about IP law and innovation

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Intellectual Property IP Law 98

Patently-O

AUGUST 12, 2021

by Dennis Crouch. In BobCar Media v. Aardvark , the patentee (BobCar) sued Aardvark for infringing its utility and design patents as well as its trade dress related to mobile showroom services. The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. .

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Ownership Patent Inventor Design Patent 76

IP Law 360

AUGUST 12, 2021

Viacom International on Wednesday hit a restaurant owner with a trademark infringement lawsuit in Texas federal court, arguing that the owner's Rusty Krab pop-up restaurant and bar is misusing Viacom's SpongeBob SquarePants intellectual property and tarnishing the popular television series.

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Television Intellectual Property Trademark 76

Legal Zoom

AUGUST 12, 2021

Some states implement a franchise tax on businesses for the privilege of being chartered or operating within their borders. Unlike a state income tax, which is calculated on the business's profit, franchise tax may not be tied to annual revenue.

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Business 76

JD Supra Law

AUGUST 12, 2021

Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever. In this Industry Snapshot, we take a look at the various types of animal product design patents that have been issued by the USPTO over the past few months.

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Design Patent Designs Design Patent 68

Legal Zoom

AUGUST 12, 2021

Revenue and profit are both good signs for your business, but they're not interchangeable terms. Both represent an important way to understand your business.

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Business 79

IP Law 360

AUGUST 12, 2021

The bar exam does a poor job of testing the skills employers expect from new lawyers, and those who pass the bar can practice indefinitely without independent oversight, so states should consider alternative means for assuring competence and personal stability for new as well as experienced lawyers, says David Friedman at Willamette University.

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The TTABlog

AUGUST 12, 2021

The long-running saga of Bayer v. Belmora has taken another turn. Belmora and its owner, Jamie Belcastro, have filed with the Supreme Court a Petition for a Writ of Certiorari [ here ], seeking review of the Fourth Circuit's decision in Belmora LLC v. Bayer Consumer Care AG, Bayer Healthcare LLC , 2021 USPQ2d 126 (4th Cir. 2021), reh’g denied , Mar. 16, 2021. [ TTABlogged here ].

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JD Supra Law

AUGUST 12, 2021

The US Court of Appeals for the Federal Circuit concluded that university bylaws did not automatically effectuate a present automatic assignment of patent rights and affirmed the district court’s denial of a motion to dismiss for lack of standing by the transferee. Omni MedSci, Inc. v. Apple Inc., Case No. 20-1715 (Fed. Cir. Aug. 20, 2021) (Linn, J.

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Patent 61

43(B)log

AUGUST 12, 2021

Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C. Mar. 30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor Standards Act. TPG eventually sold the publication rights to Abrahams’s works to Columbia Books in 2013, which, in turn, sold the rights to Defendant Simplify Compliance (“Simplify”) in 2016.

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JD Supra Law

AUGUST 12, 2021

The US Court of Appeals for the Federal Circuit vacated the district court’s grant of judgment as a matter of law (JMOL) of non-infringement where substantial evidence supported the jury’s verdict of induced infringement by an attempted “skinny label” that nonetheless encouraged doctors to engage in a patented use. GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., Case Nos. 18-1876, -2023 (Fed.

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Law Patent 61

LexBlog IP

AUGUST 12, 2021

In Chemours Company FC, LLC v. Daikin Industries, Ltd. , Nos. 20-1289, -1290 (Fed. Cir. July 22, 2021) , a CAFC panel held that the PTAB (“Board”) erred when it found no nexus existed between the claimed invention and evidence of alleged commercial success because the Board only considered the claim features separately and failed to consider that it was the “unique combination” of the claimed features that accounted for the commercial success.

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Invention Intellectual Property 52

JD Supra Law

AUGUST 12, 2021

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright, trademark, patent, and unfair competition (including counterfeiting). .

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Intellectual Property Trademark Copyright Patent 58

LexBlog IP

AUGUST 12, 2021

In Personalweb Technologies LLC v. Google LLC , [2020-1543, 2020-1553, 2020-1554] (August 12, 2021), the Federal Circuit affirmed the district court’s judgment on the pleadings that various. claims of U.S. Patent Nos. 7,802,310, 6,415,280, and 7,949,662 were ineligible for patenting, and therefore invalid, under 35 U.S.C. § 101. The patents relate to data-processing systems that assign each data item a substantially unique name that depends on the item’s content, also known as a

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Invention Copying Patent Art 52

JD Supra Law

AUGUST 12, 2021

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor provisions for online service providers and how they may avail themselves of the involved safe harbors.

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