3 Count: Bad Boys
Plagiarism Today
JUNE 27, 2023
Columbia Pictures to prevent Bad Boys copyright termination, Pakistan moves to adopt new laws and Nicki Minaj sued over I Lied. The post 3 Count: Bad Boys appeared first on Plagiarism Today.
Tue.Jun 27, 2023
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Trademark Ins and Outs
Erik K Pelton
JUNE 27, 2023
What’s hot and what’s not in the world of trademark protection? Erik shares his list in this video. The post Trademark Ins and Outs appeared first on Erik M Pelton & Associates, PLLC. What’s hot and what’s not in the world of trademark protection? Erik shares his list in this video.
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Professor Plagiarizes Students, School Mishandles Investigation
Plagiarism Today
JUNE 27, 2023
In Australia, Charles Darwin University is admitting to mistakes in an investigation of a PhD supervisor accused of plagiarism. The post Professor Plagiarizes Students, School Mishandles Investigation appeared first on Plagiarism Today.
How Quickly are Judge Albright Patent Cases Going to Trial?
Intellectual Property Law Blog
JUNE 27, 2023
Since being appointed to the bench in 2018, Judge Alan Albright in Waco Texas has had one of the busiest patent dockets in the nation, rivaling that of Delaware and the Eastern District of Texas. He quickly gained a reputation as providing a quick trial schedule and moving a case forward. Judge Albright has stated that he aims to get to trial within 24 months of a complaint being filed.
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?
Trademark Registration Gives a Brand Double Protection
Erik K Pelton
JUNE 27, 2023
The following is an edited transcript of my video Trademark Registration Provides Double Protection. Trademark registration is such a valuable tool to protect a brand that it actually offers double protection, both before and after an incident occurs, should one happen. It’s like having both a smoke detector to tell you that there might be a fire and a fire extinguisher to help put out the fire.
Patent Experts Sound Off on New Bills to Fix Eligibility and the PTAB
IP Watchdog
JUNE 27, 2023
Last week was a big one for the potential future of the U.S. patent system. The deadline for comments on the U.S. Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20.
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The Implications of Upcycled Products for Brand and Trademark Owners
IP Watchdog
JUNE 27, 2023
Upcycling, a recent fashion trend, poses issues and concerns for brand owners that are similar to counterfeiting but with some added complexity. As a result, upcycled products have prompted brand owners to take legal action to protect their brands and consequently their customers. Below, we (1) explain what upcycling is, (2) discuss potential legal issues arising from upcycled products, (3) summarize recent cases involving upcycled products, and (4) propose successful brand protection measures.
Former Anti-Piracy Boss Becomes Sony Music’s AI Chief
TorrentFreak
JUNE 27, 2023
Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. There are potential downsides as well. Major recording label Sony Music is taking this advancing technology very seriously and has created a new executive position dedicated to AI and hired a familiar name. According to a recent article by Billboard , Geoff Taylor takes the top position as the new Executive Vice President of AI.
Using AI to Create a Work – Copyright Protection and Infringement
JD Supra Law
JUNE 27, 2023
With the increasing use of artificial intelligence (AI) in creating literary and artistic works, the U.S. Copyright Office has now addressed the issue of the copyrightability of works containing AI-generated materials. After rejecting an application by Dr. Stephen Thaler to register the copyright in a photo created by AI with no human authorship element (Thaler’s appeal is pending), the Copyright Office issued guidance applicable to registered works as well as pending and future copyright.
Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan
Technology & Marketing Law Blog
JUNE 27, 2023
Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. The short answer should be “never.” That’s not exactly the answer a court gave, but perhaps close enough. This case involves Morford’s 2001 artwork named “Banana and Orange.” Independently (?
IPO Diversity in Innovation Toolkit
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.
How to Do Make-or-Buy
Christopher Roser
JUNE 27, 2023
In my last post I discussed how a purely cost-accounting-driven make-or-buy decision can be bad for the company. However, there are often good reasons to buy parts or products instead of make them. In this post I will look at a couple of reasons for outsourcing rather than making it yourself. Unfortunately, all of these. Read more The post How to Do Make-or-Buy first appeared on AllAboutLean.com.
Buyer’s Remorse?: The Risks of Bill C-18 Leading to Blocked News Sharing Becoming Real to Canadian Media
Michael Geist
JUNE 27, 2023
When Le Devoir director Brian Myles appeared before the Senate committee studying Bill C-18 last month, he closed by urging the committee to pass the legislation quickly, stating “ the time to act is now. We can’t wait two years between the passage of the bill and the CRTC regulations, because the delay will benefit opponents, giving them time to organize and undermine the spirit and the letter of the law.
Supreme Court Sends “Bad Spaniels” to the Doghouse
JD Supra Law
JUNE 27, 2023
Not even the First Amendment could rescue VIP and its Bad Spaniels dog toy, as the US Supreme Court recently held that the Rogers threshold test for “expressive works” does not apply in trademark cases involving commercial, source-identifying use by the accused infringer. Nor does such use become “noncommercial” (and thus shielded from liability for trademark dilution) when it evokes a humorous message about the trademark or its owner.
Thank you, Neil!
The IPKat
JUNE 27, 2023
The IPKat demonstrating a future of naps and relaxing for Neil in his Kat retirement Readers will have seen PermaKat Neil Wilkof’s au revoir message this morning ( here ). The IPKat, Merpel, the AmeriKat and the entire pride of Kats wish to take this opportunity to express their thanks for the 15 years of contributions by Neil. His posts were renowned for interlacing literature, culture and history with the world of IP in a way that made niche topics of IP law and practice accessible to many.
HIV Drug Buyers Urge $3.6B Verdict Against Gilead And Teva
IP Law 360
JUNE 27, 2023
Gilead and Teva "cut a pay-off deal" to keep prices for two HIV drugs as "expensive as possible for as long as possible" and should be ordered to return overcharges totaling $3.6 billion, a lawyer for drug purchasers said Tuesday at the conclusion of a California federal antitrust trial.
CAFC Vacates TTAB Decision on FLEX Trademark Due to ‘Errors of Significance’
IP Watchdog
JUNE 27, 2023
On Monday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion that vacated a Trademark Trial and Appeal Board (TTAB) ruling that a trademark registration from GPS vehicle tracking company Spireon was likely to be confused with three trademarks from supply chain management company, Flex LTD. The appeals court found that the TTAB made several significant errors and thus vacated and remanded the case.
Sony Exec Testifies Microsoft Merger Could Trigger IP Leaks
IP Law 360
JUNE 27, 2023
Sony's PlayStation chief testified via video deposition Tuesday in a high-stakes hearing over the Federal Trade Commission's bid to block Microsoft's $68.7 billion merger with Activision Blizzard that the tie-up would likely end Sony's collaboration with Activision due to concerns that the game maker would leak Sony's intellectual property to Microsoft.
@NorthMusicGroup Testimony to The IP Subcommittee Hearing on The Mechanical Licensing Collective
The Trichordist
JUNE 27, 2023
Our friend Abby North testified today before the House IP Subcommittee on the Mechanical LIcensing Collective
Unleashing Your Creative Thunder: The Transformative Journey of Artist Branding
Art Law Journal
JUNE 27, 2023
Learn to master the art of self-branding, amplify your artistic identity and expand your reach. Here’s a deep dive into the significance of artist branding and its transformational impact on your art career.
Yita LLC v. MacNeil IP LLC 2022-1373, 2022-1374 (Fed. Cir. June 6, 2023)
JD Supra Law
JUNE 27, 2023
This decision addresses the PTAB’s secondary considerations analysis in an IPR Final Written Decision. Background - Appellant Yita sought inter partes review of two patents sharing a specification, both of which are directed to the vehicle floor tray. In one IPR, the Board determined that claims of one patent (the ’186 patent) were not unpatentable for obviousness.
Upcoming Webinar! NLRB and Restrictive Covenants: Trends in Employment Confidentiality
Trading Secrets
JUNE 27, 2023
Wednesday, July 19, 2023 3:00 p.m. to 4:00 p.m. Eastern 2:00 p.m. to 3:00 p.m. Central 1:00 p.m. to 2:00 p.m. Mountain 12:00 p.m. to 1:00 p.m. Pacific REGISTER HERE Confidentiality obligations and restrictive covenants are crucial tools employed by organizations to protect sensitive information, trade secrets, and competitive advantages. However, recent state law and regulatory developments and NLRB decisions have created a complex web of considerations that employers must navigate when drafting
Former Bang Energy Drink CEO Loses Bid to Control Social Media Accounts
JD Supra Law
JUNE 27, 2023
When he was appointed by the Eleventh Circuit, U.S. Bankruptcy Judge Peter D. Russin probably did not expect to have to decide who has rights to the Twitter, Instagram, and TikTok handles associated with social-media-forward energy-drink brands. But that is exactly what Judge Russin did in a recent opinion related to the bankruptcy of “Bang” energy drink’s manufacturer, Vital Pharmaceutical, Inc.
Beyond ‘Chalk and Talk’ – New Book is a Fresh Look at Teaching IP Strategy and Management
IP Close Up
JUNE 27, 2023
Published this week is a book that looks at teaching intellectual property and IP rights not just to law students, but to those pursuing careers Continue reading
Canadian Intellectual Property Fees on the Rise in 2024
JD Supra Law
JUNE 27, 2023
On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will take effect by January 1, 2024.
Interesting Patents | Revolutionizing Furniture Safety with a New Anti-Tipping Mechanism
LexBlog IP
JUNE 27, 2023
Interesting Patents | Revolutionizing Furniture Safety with a New Anti-Tipping Mechanism by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.
Why Every Business Needs a Brand Manager
azrights
JUNE 27, 2023
Are you starting a new project? Or rebranding? Or growing your business to sell? Do you: Know what ‘brand’ means and signifies to the value of your business? Know when and how to protect your IP? Have the knowledge and skills in Brand IP and branding to be your own brand manager? You as the business owner need a solid understanding of Brand and IP so you can be its brand manager.
How Quickly are Judge Albright Patent Cases Going to Trial?
LexBlog IP
JUNE 27, 2023
Since being appointed to the bench in 2018, Judge Alan Albright in Waco Texas has had one of the busiest patent dockets in the nation, rivaling that of Delaware and the Eastern District of Texas. He quickly gained a reputation as providing a quick trial schedule and moving a case forward. Judge Albright has stated that he aims to get to trial within 24 months of a complaint being filed.
Judge Picks ‘Overall Winner,’ But UK High Court’s Latest FRAND Ruling Delivers Mixed Results for InterDigital and Lenovo
IP Watchdog
JUNE 27, 2023
The UK High Court today issued an Approved Judgment in Interdigital Technology Corporation & Ors v Lenovo Group Ltd [2023] EWHC 1578 (Pat). While Lenovo was declared the “overall winner,” InterDigital was awarded interest, increasing their previous award by $46.2 million. In March, the Hon. Mr Justice Mellor issued a judgment ordering Lenovo to pay InterDigital a lump sum of $138.7 million for a global FRAND (fair, reasonable and non-discriminatory) license covering sales of cellular device
Update on the ChatGPT Case: Counsel Who Submitted Fake Cases Are Sanctioned
LexBlog IP
JUNE 27, 2023
We previously wrote about the widely-publicized Southern District of New York case involving lawyers who submitted papers citing non-existent cases generated by the artificial intelligence program ChatGPT, Mata v. Avianca, Inc. The judge overseeing the matter held a lengthy, and tense, hearing on June 8, 2023, before a packed courtroom, and then issued a decision on June 22, 2023 sanctioning the lawyers involved.
Meet Christopher Miller! The Newest Member of Stock Legal
Stock Legal Blog
JUNE 27, 2023
Hello! It is a privilege to be writing this blog as one of Stock Legal’s newest team members. I want to take the opportunity to share how it is I’ve come to work with this fantastic firm.
AI 101: The risks of using AI-generated works
JD Supra Law
JUNE 27, 2023
AI is already capable of doing all sorts of tasks that, until recently, could only have been done by humans. But if AI is working for you, could it be infringing others’ intellectual property rights? And might you be liable too? Originally Published in Lewis Silkin - February 2023.
Upcoming Webinar! NLRB and Restrictive Covenants: Trends in Employment Confidentiality
LexBlog IP
JUNE 27, 2023
Wednesday, July 19, 2023 3:00 p.m. to 4:00 p.m. Eastern 2:00 p.m. to 3:00 p.m. Central 1:00 p.m. to 2:00 p.m. Mountain 12:00 p.m. to 1:00 p.m. Pacific REGISTER HERE Confidentiality obligations and restrictive covenants are crucial tools employed by organizations to protect sensitive information, trade secrets, and competitive advantages. However, recent state law and regulatory developments and NLRB decisions have created a complex web of considerations that employers must navigate when drafting
Judge Engelmayer Holds that Suit Based on Cancelled Patent Claims Should Be Dismissed Without Prejudice
JD Supra Law
JUNE 27, 2023
On June 5, 2023, Judge Engelmayer (S.D.N.Y.) dismissed Plaintiffs' infringement claims against Defendants. After the U.S. Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. D746,078—Defendants requested an entry of judgment dismissing Plaintiffs’ infringement claim with prejudice, and dismissing Defendants’ counterclaim for invalidity of the patent as moot.
What You Need to Know About the USPTO’s Proposed Fee Changes for Intent to Use Trademarks
LexBlog IP
JUNE 27, 2023
The United States Patent and Trademark Office (“USPTO”) recently announced a proposal to introduce certain new fees and increase some existing fees relating to trademark filings. Per the USPTO, the new fees and increases are intended to generate additional revenue to combat inflation and rising internal costs due to the growing volume of new trademark filings each year.
Congress’ latest attempt to address subject matter eligibility
JD Supra Law
JUNE 27, 2023
Through the vicissitudes of the continuing chaos of subject matter eligibility, Senators Coons and Tillis have been steadfast in attempting to provide a legislative solution. They chaired a series of Congressional hearings in 2019 and have proposed several bills providing various iterations of these solutions. This week, they co-sponsored their latest attempt, entitled “The Patent Eligibility Restoration Act of 2023.”.
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