Plagiarism Today
NOVEMBER 17, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Miramax Hits Tarantino With Copyright Suit on ‘Pulp Fiction’ NFTs. First off today, Samantha Handler at Bloomberg Law reports that the film studio Mirimax has filed a copyright infringement lawsuit against director Quentin Tarantino over Tarantino’s plans to release of Non-Fungible Tokens (NFTs) related to the film Pulp Fiction.
TorrentFreak
NOVEMBER 17, 2021
With the NFT craze reaching new heights, Quentin Tarantino finds himself at the receiving end of a copyright infringement battle. The director of movie classics such as Pulp Fiction and Kill Bill plans to sell NFTs to the public. These NFTs will unlock handwritten scripts and exclusive custom commentary from Tarantino, which could be worth millions of dollars.
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IP Watchdog
NOVEMBER 17, 2021
“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. As an exception to the general law prohibiting copying others’ works, it permits copying for a limited and “transformative” purpose, such as commentary, criticism, teaching, news reporting, scholarship, or research.
JD Supra Law
NOVEMBER 17, 2021
Case Name: Almirall, LLC v. Torrent Pharms., Ltd., Civ. No. 20-1373-LPS (D. Del. July 13, 2021) (Stark, J.) - Drug Product and Patent(s)-in-Suit: Aczone® Gel, 7.5% (Dapsone); U.S. Patent No. 9,517,219 (“the ’219 patent”).
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?
Kashishipr
NOVEMBER 17, 2021
Copyright is a bundle of rights and can be exploited in several ways independently from each other. Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.
IPilogue
NOVEMBER 17, 2021
Photo By Andrej Lišakov ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Rise of Traditional Face Tattoos in Popular Culture . In September 2021, Indigenous model and activist Quannah Chasinghorse turned heads at the Met Gala wearing a gold cut-out gown by Peter Dundas and traditional Navajo turquoise jewelry.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Velocity of Content
NOVEMBER 17, 2021
CCC is thrilled to announce that it has been named a Top Workplace for Remote Work as part of the 2021 Culture Excellence Awards. Energage , a technology company that empowers workplace excellence and the organization behind the Top Workplace Awards, recognizes companies based solely on employee feedback from its anonymous, science-based, employee engagement survey.
Likelihood of Confusion
NOVEMBER 17, 2021
Thank God for small favors. Like being far away from the Seventh Circuit these days if you or your client want to rely on the words of a statute to. The post Posner’s “judicial interpretive updating” and the disparagement clause appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
NOVEMBER 17, 2021
What do teen digital artists, Tom Brady, Doja Cat, and Foley & Lardner LLP all have in common? They are all trending in popularity for their use of NFTs. Jaiden Stipp is a digital artist, who at only 15 years old sells pieces of his digital artwork as NFTs.
Managing IP
NOVEMBER 17, 2021
IP lawyers call for WIPO to revamp the Nice Classification in view of the changing nature of goods and services such as influencer activities
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.
JD Supra Law
NOVEMBER 17, 2021
Universities and certain colleges in the United States (US) spend billions of dollars on research and development (R&D) each year to advance knowledge across the gamut of Arts, Humanities, and Science, Technology, Engineering, and Mathematics (STEM) fields. That R&D is largely undertaken by a number of individuals (e.g., faculty, graduate students, research fellows, post-docs, and visiting scholars) who each generate patentable inventions and other valuable intellectual property (IP) dur
Patently-O
NOVEMBER 17, 2021
I’ve linked to a new whitepaper on Patents, Knowhow, and Vaccine Diplomacy. The whitepaper authored: Gary Locke (former Secretary of Commerce, Governor of Washington, and Ambassador to China). Andrei Iancu (former USPTO Director). David Kappos (former USPTO Director). 211117_Iancu_Covid_Vaccine_Diplomacy.
JD Supra Law
NOVEMBER 17, 2021
On Sept. 21, 2021, the U.S. District Court for the District of Delaware granted Elysium’s motion for summary judgment that two ChromaDex formulation patents were directed to patent-ineligible subject matter under 35 U.S.C. § 101. ChromaDex, Inc. et al. v. Elysium Health, Inc., Civil Action No. 18-1434-CFC-JLH, 2021 WL 4286527, at *1 (D. Del. Sep. 21, 2021) (ChromaDex).
IP Law 360
NOVEMBER 17, 2021
Jurors in a multibillion-dollar trial involving the self-professed inventor of bitcoin got a crash course in electronic storage and formatting on Wednesday as an expert explained that almost all of deceased computer forensics expert Dave Kleiman's electronic devices had been reformatted after his death.
JD Supra Law
NOVEMBER 17, 2021
Moise Khayrallah grew up in Lebanon, and saw firsthand what real danger looks like as bombs exploded nearby during the Lebanese Civil War. Upon coming to America, Moise had already seen the worst that could happen, so difficult decisions or tense conversations - things that might stress out some entrepreneurs - that all came easy to him. Dr. Moise Khayrallah is the CEO of Emergo Therapeutics, and Founder of The Moise A.
IP Law 360
NOVEMBER 17, 2021
A theatrical winch-maker has urged the U.S. Supreme Court not to review a Federal Circuit decision wiping an inventor's $1.8 million infringement win because the trial judge improperly let a jury resolve claim construction issues, arguing that the move was a perfectly routine use of the circuit's powers.
IP Watchdog
NOVEMBER 17, 2021
The Faegre Drinker Trademark, Copyright, Advertising and Media (T-CAM) Team is seeking an attorney to join its thriving Intellectual Property practice. Faegre Drinker Biddle & Reath LLP is an Am Law 50 firm with offices located throughout the U.S., Europe, and China. This full-time, permanent partnership track position offers the opportunity to play a key role in growing our existing T-CAM practice in our Chicago, Indianapolis, Minneapolis, Washington D.C., San Francisco, or Denver offices.
IP Law 360
NOVEMBER 17, 2021
A Kansas federal judge granted final approval to the $345 million settlement between Pfizer and the consumer classes who accused it of scheming to inflate the price of its emergency allergy treatment EpiPen on Wednesday, which includes a $115 million check to class counsel from multiple firms.
JD Supra Law
NOVEMBER 17, 2021
The German Federal Court of Justice recently published a decision (Case No. I ZB 16/20) clarifying that trademark owners bear the burden of proof for public recognition of a trademark within the affected trade circles in cancellation proceedings as well as in trademark application proceedings. It is the owner of a trademark who is best placed to prove that a sign has become established in the affected trade circles as a result of its use, so in cancellation proceedings they are also required to.
IP Law 360
NOVEMBER 17, 2021
Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.
The TTABlog
NOVEMBER 17, 2021
The TTAB (Tee-Tee-?-Bee) recently decided the appeals from the three Section 2(d) refusals described below. No hints today. How do you think they turned out? [Answer in first comment]. In re Institute of Management Accountants , Serial No. 88626624 (November 9, 2021) [not precedential] (Opinion by Judge Linda A. Kuczma) [Section 2(d) refusal of IMA EXCEL 365: TIPS IN TEN for "a series of online courses demonstrating new excel features helpful to management accountants and financial professionals
IP Law 360
NOVEMBER 17, 2021
A Texas federal judge said Tuesday that a comic book illustrator has more work to do to claim that a fishbowl-headed character in Netflix's "The Umbrella Academy" TV series is substantially similar to his own.
JD Supra Law
NOVEMBER 17, 2021
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
IP Law 360
NOVEMBER 17, 2021
The Third Circuit on Wednesday declined to grant Facebook Inc.'s bid for a full-court review of a panel's split decision in favor of a Philadelphia-based television anchor who sued the social media giant over the unauthorized use of her photo on its site.
IAM Magazine
NOVEMBER 17, 2021
There has been confusion with regard to when an applicant can claim the preferential right to registration of a trademark. However, a fresh case provides some much-needed clarity.
Kluwer Copyright Blog
NOVEMBER 17, 2021
Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . III. Exploitation rights (Sections 15-24 UrhG). Germany has regulated exploitation rights, as harmonised under European law in Articles 2 to 4 of the InfoSoc Directive (2001/29), in Sections 15 to 22 UrhG.
LexBlog IP
NOVEMBER 17, 2021
How Long Is a “Transitory Duration”? Normally, you don’t need anyone’s permission to use a copyrighted work. If you buy a book, you may read it. If you are given a painting, you may enjoy it. If you take a knick-knack from your grandma, you may display it with pride. 1 It’s actually more complicated than this! Since there’s an exclusive right to public display, you actually need to rely on a version of the first-sale doctrine to display copyrighted works in pu
JD Supra Law
NOVEMBER 17, 2021
In this two-part podcast, Jackie Johnson, Co-Chair of Constangy’s Trade Secrets and Unfair Competition Practice Group and Partner in Constangy’s Dallas, Texas, office, visits with Bill McMahon about the ins-and-outs of trade secret law. The first part focuses on the trade secret law basics, while the second part looks at best practices for trade secret protection and unfair competition prevention.
Intellectual Property Brief
NOVEMBER 17, 2021
The European General Court court held that AC Milan cannot register its logo as an international trademark for stationery and office supplies because of the likelihood of confusion with the trademark of a German stationery company.
GDB Firm Blog
NOVEMBER 17, 2021
Univ. Strathclyde v. Clear-Vu Lighting LLC, No. Case: 20-2243 (Fed. Cir. Nov. 4, 2021) A rejection based on obviousness can be a difficult rejection for patent applicants to overcome. In patent prosecution, an examiner who can find a reference or combination of references that supposedly incorporates the claimed invention can result in a stubborn obviousness rejection.
Olartemoure Blog
NOVEMBER 17, 2021
There is a boom of production of Live Action, Animation, and other formats of motion pictures in Latin America, and the legal industry faces the challenge to join local and international production companies in their efforts to effectively identify, protect, licence, and leverage Intellectual Property rights. Although unknown to most of the public, the creation of a motion picture starts with someone’s idea and very often the idea does not come from a traditional studio but from creators, and in
IP Law 360
NOVEMBER 17, 2021
The U.S. Patent and Trademark Office announced Wednesday that it will begin implementing the Trademark Modernization Act and its provisions for challenging unused trademarks next month.
JD Supra Law
NOVEMBER 17, 2021
It is no secret that the Patent Trial and Appeal Board (PTAB) often leverages its discretionary denial powers to deny inter parties review (IPR) petitions. The PTAB has discretionarily denied IPR petitions, for example, due to parallel district court scheduled trials, district court findings of indefiniteness,….
IP Law 360
NOVEMBER 17, 2021
The maker of a drug for pediatric patients with a rare autoimmune disease told the Eleventh Circuit it must reconsider a panel ruling in favor of its rival Catalyst Pharmaceuticals Inc. en banc, arguing the panel "constructed a straw man" that misconstrues what was really in dispute.
JD Supra Law
NOVEMBER 17, 2021
Markeninhaber tragen sowohl im Anmelde- als auch im Löschungsverfahren die Feststellungslast für die Verkehrsdurchsetzung einer Marke. Der Inhaber einer Marke sei am besten in der Lage, Beweis dafür zu erbringen, dass sich ein Zeichen im Verkehr infolge Benutzung durchgesetzt habe. Er habe daher auch im Löschungsverfahren diejenigen Umstände nachzuweisen, aus denen sich der (Fort-)Bestand seiner Marke ergebe, so der BGH in einer kürzlich veröffentlichten Entscheidung (Az.
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