Erik K Pelton

DECEMBER 22, 2022

Those brand with YouTube channels (if you don’t have one, what are you waiting for?!) can now add some additional brand protection by claiming their new YouTube ‘handle.’ In essence the handle is another way for others to tag your account in videos, it is akin to a username or handle on Instagram, Twitter, or TikTok. It is worth claiming the handle because: you then ensure no one else will claim it and possibly cause confusion. you make it easier for others to tag and collabora

Branding 147

Branding Brands Branding 147

The IPKat

DECEMBER 22, 2022

The IPKat would love red, if he could see it For those who are doing last minute holiday shopping for loved ones , may Merpel suggest some deliciously crafted shoes? Possibly ones with a red sole? That red sole has been famous on film, red carpets and in IP circles for many years. It has become even more famous in IP circles thanks to today's Court of Justice of the European Union's decision (currently available in French only) in the joined Louboutin/Amazon cases (C-148/21 and C-184-21) followi

Advertising 143

Advertising Advertising Marketing Marketing 143

TorrentFreak

DECEMBER 22, 2022

Adult entertainment conglomerate MindGeek owns several of the largest ‘free’ tube sites including Pornhub. In the early days, these sites thrived on pirated content but over time, that changed. Today, MindGeek itself is one of the most protective copyright holders in the industry. MindGeek subsidiary MG Premium, for example, has many thousands of works registered at the US Copyright Office.

Ownership 133

Ownership Copyright Copyright Infringement Copying 133

SpicyIP

DECEMBER 22, 2022

Image from here. We have two interesting IPO related tidbits for you. Read on ahead! 1. The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue , and the Supreme Court has even given some tips for judgment writing recently. Surprising no one though, it still happens repeatedly, and this time a court gnashed at a gobbledygook(y) order.

Invention 130

Invention Patent Application Designs Design 130

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

McKinsey Operations

DECEMBER 22, 2022

Cofounder of Candid and former GuideStar CEO Jacob Harold details the tools—from design thinking to game theory—that organizations can use to optimize their social-impact work.

Designs 108

Designs Design 108

IPilogue

DECEMBER 22, 2022

Prof. Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Innovation Clinic, and the IP Intensive Program, and the Editor-in-Chief of the IPilogue. As 2022 comes to an end, I would like to thank everyone who has worked with IP Osgoode and made it as successful as it has become over the past year and since its very beginning in 2008. When I first joined Osgoode Hall Law School as a professor in 2006, I dreamed of building closer bridges between academia, government, industry and exp

IP 106

IP Government Blogging Law 106

JD Supra Law

DECEMBER 22, 2022

ADASA INC. v. AVERY DENNISON CORPORATION - Before Moore, Hughes and Stark. Appeal from the United States District Court for the District of Oregon. Summary: A claim directed to a specific, hardware-based data structure that enables technological improvements is more than an abstract idea and is eligible under 35 U.S.C § 101.

Technology 98

Technology 98

Michael Geist

DECEMBER 22, 2022

This week’s Law Bytes podcast features a look at the year in review along with some guesses at what lies ahead. Yesterday I highlighted the top ten posts on this site and the series of looking back wraps up today with the most streamed or downloaded Law Bytes podcast episodes of the year. Bill C-11 once again leads the way, though there are episodes on privacy, security, Bill C-18, the invocation of the Emergencies Act, and copyright.

Law 86

Law Journalism Privacy Copyright 86

The IPKat

DECEMBER 22, 2022

With the weather getting colder, the courts are getting hotter as judgments are being feverishly finished before the holidays and applications being filed last minute to try and secure a final hearing before the end of the year. One such judgment that has greeted us this yuletide is the Court of Appeal's decision in Teva v Novartis [2022] EWCA Civ 1617 ending Teva’s Arrow declaration dreams.

Marketing 82

Marketing Marketing Patent Infringement Patent 82

IP.com

DECEMBER 22, 2022

The post 7 Questions to Consider Before a Freedom to Operate Search appeared first on IP.com - IP Innovation and Analytics.

IP 98

IP 98

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

IP Law 360

DECEMBER 22, 2022

The makers of Elfbar brand disposable e-cigarette products are suing a Florida smoke shop in federal court, saying the shop sells counterfeit and inferior versions of its products and uses its name and similar branding without permission.

Branding 76

Branding Brands Branding 76

IP Watchdog

DECEMBER 22, 2022

Trade secret jurisprudence, originally conceived in the common law of torts as a way to enforce confidential relationships, now has a sharper focus directed at the property interest of businesses in the data that forms the major portion of their asset base. In the process, trade secrets have taken their place of respect alongside the “registered rights” of patents, copyrights, trademarks and designs.

Confidentiality 69

Confidentiality Designs Design Law 69

IP Law 360

DECEMBER 22, 2022

The U.S. placed new restrictions on the Russian private military company Wagner Group for its alleged involvement in the invasion of Ukraine, measures meant to prevent the sanctioned company from obtaining sensitive American technologies.

Technology 75

Technology 75

Nelligan Law

DECEMBER 22, 2022

Reading Time: 3 minutes Navigating social obligations at work. For some employees, an invitation to a social work event can sometimes feel more like a demand. It can be viewed as a rite of passage or something required of them to become entrenched in the work culture, that might open the door to a promotion somewhere down the line. But what if these social events are not appealing to you?

Law 69

Law Blogging Advertising Advertising 69

IP Law 360

DECEMBER 22, 2022

The U.S. International Trade Commission on Thursday upheld a finding that Apple Watches with an app that measures heartbeats infringe two patents, but it will hold off on enforcing a cease-and-desist ban until the resolution of a Patent Trial and Appeal Board ruling that determined the patents covering that heartbeat measuring technology are not actually valid in the first place.

Cease and Desist 75

Cease and Desist Patent Technology 75

43(B)log

DECEMBER 22, 2022

Hoffmann v. Kashi Sales, L.L.C., No. 21 CV 9642 (VB), 2022 WL 17823171 (S.D.N.Y. Dec. 20, 2022) Hoffman alleged violations of Sections 349 and 350 of New York’s GBL; violations of the consumer fraud acts of Montana, Virginia, Delaware, and Kansas; breach of express warranty; breach of the implied warranty of merchantability; violation of the Magnuson Moss Warranty Act (“MMWA”); fraud; and unjust enrichment, all based on the assertion that defendant misrepresents the amount of strawberry and hone

False Advertising 64

False Advertising Advertising Advertising 64

IP Law 360

DECEMBER 22, 2022

The past week in London has seen fresh legal action brought against PrivatBank's former owner Bogolyubov over sham transactions, law firm Farrer & Co launch commercial fraud claims against five major banks, and the U.K. government's PPE supplier sued over its £122 million contract. Here, Law360 looks at these and other new claims in the U.K.

Litigation 75

Litigation Contracts Government Law 75

43(B)log

DECEMBER 22, 2022

Carvalho v. HP, Inc., 2022 WL 17825688, No. 21-cv-08015-BLF (N.D. Cal. Dec. 20, 2022) Plaintiffs alleged that HP displays false and inflated “strikethrough” prices on its website for its products that it then offers to consumers at a purported “discount price.” At the bottom of each page, HP includes a section entitled “Disclaimer +”. Clicking on the “+” expands the Disclaimer section.

False Advertising 59

False Advertising Advertising Advertising 59

IP Law 360

DECEMBER 22, 2022

Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

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Legal Zoom

DECEMBER 22, 2022

Find out when and what kind of mail the U.S.

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IP Law 360

DECEMBER 22, 2022

Patent owners won relatively modest damages awards in their infringement battles in 2022, marking a departure from the massive verdicts and judgments handed down by juries and judges over the previous two years.

Patent 75

Patent 75

McKinsey Operations

DECEMBER 22, 2022

Romania is facing a widening technological gap compared with the rest of Europe. Huge value is at stake—as is the country’s long-term prosperity. What can turn the tide?

Technology 62

Technology 62

IP Law 360

DECEMBER 22, 2022

An Illinois federal jury has awarded manufacturer Sioux Steel $13.5 million in its patent suit against rival Prairie Land Millwright Services over farming equipment, determining that Prairie willfully infringed the asserted technology.

Patent 75

Patent Technology 75

JD Supra Law

DECEMBER 22, 2022

Kilpatrick Townsend's Justin Krieger recently spoke on "PTAB Update: The Waning Impact of Fintiv on Discretionary Denials". These are the 5 key takeaways from his presentation.

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LexBlog IP

DECEMBER 22, 2022

During these joyous holiday times, thoughts turn to peace on Earth, goodwill toward all and, of course, data scraping. The United States Supreme Court is presently deciding whether to review a Second Circuit case that gave Google a free pass to scrape the content from another business’ website. The business that got scraped (Genius Media Group, “GMC”) provides an online platform for music enthusiasts who transcribe song lyrics.

Contracts 52

Contracts Social Media Copyright Music 52

Legal Zoom

DECEMBER 22, 2022

The difference between a physical address and a mailing address is important for business owners and entrepreneurs to know. For certain business practices or paperwork, business owners will require certain types of addresses.

Business 52

Business 52

JD Supra Law

DECEMBER 22, 2022

Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. Not only that, but your creative team decides to go a step further and include your company logo in the middle of the QR code. You launch your advertising campaign hoping for an increase in business – but the next thing you know, you are being sued for patent infringement in federal court.

Advertising 52

Advertising Advertising Patent Patent Infringement 52

Legal Zoom

DECEMBER 22, 2022

Remote work has become standard in work culture. There's no commute, no distractions from coworkers, and once they settle in, remote employees are much more motivated to complete tasks.

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JD Supra Law

DECEMBER 22, 2022

Federal and state laws are becoming increasingly unfriendly to employers' efforts to impose post-employment restrictions on workers via nonsolicit and noncompete agreements. However, even in states that have historically frowned upon any perceived post-employment restrictions on departing workers, employees are prohibited from stealing employers' proprietary information and trade secrets.

Publishing 52

Publishing Law 52

Likelihood of Confusion

DECEMBER 22, 2022

Maybe if Steve Brodsky or the Whistleblower published pornography or scandalous charactures of Dick Cheney or were uploading music files the self-appointed guardians of free speech would have something to say about what's going on here. The post Jews for Jesus* v. free speech: update appeared first on LIKELIHOOD OF CONFUSION™.

Music 52

Music Publishing Fair Use Branding 52

JD Supra Law

DECEMBER 22, 2022

When a contractor asserts restrictions on the Government’s rights in certain required-deliverable technical data (TD) and computer software (CS), the assertions of rights state that the Government has less than unlimited rights in those TD/CS and cite the basis for the asserted restrictions. This gives the Government notification as to what rights it would have in specific TD/CS delivered by the contractor, determine whether it has apparent reasons for questioning the assertions, and whether it.

Government 52

Government Contracts 52

LexBlog IP

DECEMBER 22, 2022

As we head into 2023, advertisers, publishers, ad tech companies and others involved in the digital advertising ecosystem are facing significant challenges when it comes to data. It can be overwhelming: five new U.S. state data privacy laws to contend with; a continued regulatory focus in Europe, including a new suite of proposed legislation relating to the digital data ecosystem; and the deprecation of third-party cookies.

Privacy 52

Privacy Advertising Advertising Publishing 52

JD Supra Law

DECEMBER 22, 2022

Fashion houses Fendi and Marc Jacobs have been sued for trademark infringement in the United States District Court for the Central District of California by another clothing company known as Roma Costumes, Inc. According to Roma Costumes, Fendi and Marc Jacobs infringed their trademark rights to Roma Costumes’ trademark when they collaborated to release Fendi’s “Roma” collection.

IP 52

IP Trademark 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 22, 2022

The implementation of the America Invents Act in 2012 significantly changed patent practice in the United States, in part by creating an avenue to challenge a patent’s validity at the Patent Trial and Appeal Board (PTAB) without enduring the time and expense of district court litigation. At the forefront of the industry’s efforts to adapt to the new scheme were the co-chairs of Fish & Richardson’s post-grant practice, Dorothy Whelan and Karl Renner , who helmed Fish’s efforts to become

Journalism 52

Journalism Law All Rights Reserved Litigation 52

JD Supra Law

DECEMBER 22, 2022

Trademark Insight. With this format, we will be informing you at regular intervals about current trademark law decisions of German courts, the EUIPO and the European Union Courts. Each issue contains a subjective compilation of decisions that are interesting and/or relevant from our point of view.

Trademark Law 52

Trademark Law Trademark Law 52