Hugh Stephens Blog
SEPTEMBER 20, 2021
Some readers may recall two blogposts (Mural, Mural on the Wall and Were They Commissioned, One and All?) that I wrote a couple of years ago about muralist Michelle Loughery and her copyright dispute with the Merritt Walk of Stars Society. The disagreement was over who held the copyright to a series of murals that … Continue reading "Michelle’s Country Music Murals: An Update?
Intellectual Property Law Blog
SEPTEMBER 20, 2021
At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed. In the attached article , we examine some of the differences between these types of marketplaces and business models, highlight some of the varying license terms of these marketplaces and discuss why IP owners who license their IP
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Erik K Pelton
SEPTEMBER 20, 2021
The following is a transcript of my video, How to Monitor for Infringements. In the past, I’ve talked about some of the ways to keep a trademark strong over time, and some of the things that brand owners must do with their trademarks even after they’re registered. One of those important tips is to monitor for infringements. I want to talk today about how you go about monitoring for infringements, and you’ll see that it doesn’t have to cost a lot of money and it’s an
TorrentFreak
SEPTEMBER 20, 2021
The American copyright industry generates billions of dollars in annual revenue and is generally seen as one of the primary export products. Whether it’s movies, music, software or other goods, US companies are among the market leaders. US companies also have a clear presence in China which, with more than a billion potential consumers, is a massive market.
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?
IPilogue
SEPTEMBER 20, 2021
. Photo Credits: Sukanya Sarkar (ManagingIP.com) (The image above is that which received copyright protection). Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. . Creative works, such as artworks, qualify for copyright protection if they are original.
TorrentFreak
SEPTEMBER 20, 2021
Last week TorrentFreak broke the news that Voltage Holdings LLC, a company well known for tracking down pirates worldwide, has obtained a High Court order compelling Virgin Media to hand over subscriber data. As a result, some of the ISP’s subscribers have begun receiving letters accusing them of pirating the movie ‘Ava’ with the advice that if the matter goes to court, they could be found liable for copyright infringement.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Patently-O
SEPTEMBER 20, 2021
by Dennis Crouch. So far, the Supreme Court has not granted certiorari in any patent cases for its 2021-2022 Term. Still, there are a couple dozen cases pending that may offers some interest. On September 27, 2021, the court is meeting privately for what is known as the “long conference” to decide the fate of the petitions for writ of certiorari that have piled-up over the summer.
IP.com
SEPTEMBER 20, 2021
As the COVID-19 Delta variant and vaccine inequity prolong the pandemic, many industries are again preparing for economic uncertainty. When business is unpredictable, budgets are trimmed. Resources allocated for innovation. The post You Don’t Need a Huge R&D Budget to Be Innovative appeared first on IP.com - IP Innovation and Analytics.
JD Supra Law
SEPTEMBER 20, 2021
It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No. 20-2009, The Federal Circuit held that an entity’s physical presence in a jurisdiction does not automatically confer jurisdiction over related corporate entities.
IP Watchdog
SEPTEMBER 20, 2021
This week in Washington IP news, various committees at the House of Representatives will meet to discuss the future of NASA’s activities in low-earth orbit, efforts to advance earth system science at NOAA and preserving consumer rights to access personal financial data. Over in the Senate, the Antitrust Subcommittee will follow up on the Federal Trade Commission’s recent activities to rein in anticompetitive behaviors in the high-tech industry.
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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.
JD Supra Law
SEPTEMBER 20, 2021
The Court of Appeal (Birss LJ, Floyd LJ and Phillips LJ) handed down its judgment in Fibrogen v Akebia on 24 August 2021, overturning Arnold LJ (another Court of Appeal judge) on his judgment on insufficiency when sitting at first instance in the Patents Court.
Kashishipr
SEPTEMBER 20, 2021
Overview. The two parties involved include Sanjay Soya Private Limited (SSPL) and Narayani Trading Company (NTC). Both of them specialize in refined edible oil products. The dispute between the two arose concerning the use of packaging in their respective products. The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement.
JD Supra Law
SEPTEMBER 20, 2021
In a recent IPWatchdog panel discussion, Harness Dickey’s new CEO Ray Millien posited that the only obstacle to autonomous cars is software. Given the present state of §101 jurisprudence, however, “once someone solves that problem, it’s an abstract idea.”. By: Harness, Dickey & Pierce, P.L.C.
Likelihood of Confusion
SEPTEMBER 20, 2021
First published August 1, 2012. John Welch suggests the musical question, “How is Section 2(a) false association like 43(c) dilution protection?” Great question. In other words, are the famous — The post Best of 2012: Sing, sing, sing! appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
SEPTEMBER 20, 2021
Florida Statute § 542.335 lists five legitimate business interests which are protected through non-compete agreements. First on the list is trade secrets which includes information such as formulas, patterns, compilations, programs, methods or processes which derive their economic value from not being readily known to others.
The IPKat
SEPTEMBER 20, 2021
After the Order of the German Federal Constitutional Court (FCC) dated 23 June 2021 (see here the IPKat post ) it is now clarified that Germany is able to participate in the Agreement on a Unified Patent Court (UPCA) and the Protocol on the Provisional Application of the UPCA (the PAP-Protocol). In the process of full entry into force of the UPCA, there are some steps that need to be followed.
JD Supra Law
SEPTEMBER 20, 2021
Inequitable conduct is an affirmative defense to patent infringement, but the bar for proving it is a high one. A defendant must prove by clear and convincing evidence that the patentee intentionally deceived the Patent Office on a matter that, by a preponderance of the evidence, was material to prosecution. Hospira, Inc. successfully met the high bar of inequitable conduct when Belcher Pharmaceuticals sued it for infringing its patent claiming a not-so-inventive epinephrine formulation (the.
Barry Sookman
SEPTEMBER 20, 2021
Here is a copy of my submission to the copyright consultation on the implications of AI and IOT on copyright. Thank you for providing an opportunity to provide input into the Artificial Intelligence (AI) and the Internet of Things (IOT) copyright consultation. The copyright consultation raises important issues. The government should be cautious before making any amendments given the complexity of the issues and the difficulty in assessing how the changes would work in practice.
Michael Geist
SEPTEMBER 20, 2021
It is election day in Canada following a late summer campaign in which the focus was largely anything but digital issues: COVID, climate change, Afghanistan, and affordability all dominated the daily talking points. The digital policy issues that grabbed attention throughout the spring – Bill C-10, online harms, wireless pricing – were largely absent from the discussion and in some cases even from party platforms.
The TTABlog
SEPTEMBER 20, 2021
[Caveat: Marty Schwimmer and Yours Truly represented David Beasley in this appeal]. In a long-running dispute over the band name THE EBONYS , the U.S. 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. The appellate court ruled that because the jurisdiction of the TTAB is limited to the issue of registrability and does not extend to "use" of a mark or allow for b
IP Watchdog
SEPTEMBER 20, 2021
Once a rejection by the U.S. Patent and Trademark Office (USPTO) is designated as at least one “final” office action (which typically occurs when the office action is at least a second office action issued after filing), the applicant has the opportunity to engage with a different decision-maker. That is, the applicant can appeal a pending rejection to the Patent Trial and Appeal Board (PTAB), and at least three PTAB judges will then evaluate the rationale provided by the examiner and applicant
IP Law 360
SEPTEMBER 20, 2021
Congress, the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services have called on patent officials in the past two weeks to take a more active role in fighting patent abuses that lead to high drug prices — moves that could finally spur collaboration in an area where there's been "remarkably little crosstalk.
IP Watchdog
SEPTEMBER 20, 2021
We are looking for passionate, innovative professionals to join our team and connect the world to more. You will work in a collaborative and inclusive environment that values diverse perspectives and continuous learning and provides industry-leading benefits with unmatched opportunities for career growth. Our team is fearless in pursuit of new ideas and uncompromising in our quest to become the world’s first truly global Internet Service Provider.
BYU Copyright Blog
SEPTEMBER 20, 2021
On September 6, 2021, a group of six academics (collectively the "Professors") brought suit against their former employer, D'Youville College and its partners JBCN Education, Inc. and Chalkboard School Solutions, LLP (collectively the "College"). The allegations leveled against the College include copyright infringement, violation of the right of privacy, false designation of origin, deceptive business acts and practices, unjust enrichment, and/or fraudulent inducement.The Professors' complaint
43(B)log
SEPTEMBER 20, 2021
McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. Ohio Jun. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” The parties disagree about how and whether they were authorized to do so. Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom.
IAM Magazine
SEPTEMBER 20, 2021
The SSO's patent committee meets tomorrow but will continue accepting written comments until 15 October.
IP Law 360
SEPTEMBER 20, 2021
Direct buyers of blood sugar medication Glumetza on Monday inked a $150 million deal in California federal court with Lupin Pharmaceuticals, which is accused of taking part in a scheme to stave off the launch of a generic version of the blockbuster drug.
JD Supra Law
SEPTEMBER 20, 2021
Case Overview - This week’s U.S. Securities and Exchange Commission enforcement cease-and-desist order (Order) In re App Annie Inc., out of the SEC’s San Francisco Regional Office, underscores the importance of taking meaningful steps to implement and abide by written policies on corporate data management and protection.
IP Law 360
SEPTEMBER 20, 2021
Ice Cube saw his trademark lawsuit against investment app Robinhood over its newsletter featuring a still frame of him from one of his movies tossed for good on Monday, as a federal magistrate judge said his amended complaint didn't add anything to preserve it.
Managing IP
SEPTEMBER 20, 2021
Counsel at Cisco, Unified Patents and elsewhere unpick data that shows how patent challengers are turning to old procedures, often after discretionary denials
Fish & Richardson Trademark & Copyright Thoughts
SEPTEMBER 20, 2021
The Daily Journal recently announced that Fish Principal Juanita Brooks has been included in its 2021 “Top 100 Lawyers in California” list. This is the fifth time Brooks has received this prestigious recognition. Brooks is a nationally recognized trial and appellate attorney who focuses on complex intellectual property, product liability, and mass tort litigation.
LexBlog IP
SEPTEMBER 20, 2021
PTAB Master Class Tomorrow! Tomorrow, the PTAB Bar Association will kick-off its annual conference. The conference will bring together practitioners, in-house counsel, and members of the bench for a dynamic discussion of Patent Trial Appeal Board (PTAB) best practices, recent developments and trends, policy considerations, and more. This year, we are in-person only!
Velocity of Content
SEPTEMBER 20, 2021
In 2020, digital advertising spending worldwide amounted to US$378 billion — with online platforms Google and Facebook together owning half the market or about $190 billion. For scale, the New York State budget in 2020 was $177 billion. Meanwhile, news organizations and other publishers have watched the rise of this duopoly with increasing distress.
LexBlog IP
SEPTEMBER 20, 2021
Episode 8 of Fairly Competing is out! In this episode, Ben Fink , Russell Beck , and I discuss litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID. So, come join us on Spotify or Apple Podcasts.
JD Supra Law
SEPTEMBER 20, 2021
It is well-recognized today that all individuals have the right to control the use of their identity for commercial purposes during their lifetime. This concept is referred to as the “right of publicity.” The right of publicity is an intellectual property right that protects a person against the misappropriation of their name, image and likeness (NIL) and other indicia of personal identity — such as nickname, pseudonym, voice and signature — for commercial benefit by other third parties (and.
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