3 Count: ASCAP Wave
Plagiarism Today
JUNE 8, 2023
Dua Lipa case permanently dismissed, ASCAP targets 13 businesses over unlicensed music and Senate committee tackles AI. The post 3 Count: ASCAP Wave appeared first on Plagiarism Today.
Thu.Jun 08, 2023
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Jack Daniel’s Gets Last Laugh for Now in SCOTUS’ Ruling in ‘Bad Spaniels’ Case
IP Watchdog
JUNE 8, 2023
The U.S. Supreme Court held today in Jack Daniel’s Properties v. VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context," is not relevant “when an alleged infringer uses a trademark as a designation of source for the infringer’s own goods.” The Court therefore vacated the U.S. Court of Appeals for the Ninth Circuit’s ruling that said VIP’s dog toy mimicking a Jack Daniel’s whiskey bottle was an expressive work entitled to First Amendment protection
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Poop Jokes, Jack Daniel’s and Trademark
Plagiarism Today
JUNE 8, 2023
A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.
Pirate IPTV: Running Costs of UK’s Largest Service Revealed
TorrentFreak
JUNE 8, 2023
Following an in-depth investigation and a five-year Premier League private prosecution, five men behind the UK’s largest-ever piracy service were sentenced last month to more than 30 years behind bars. While other branded services were featured in the investigation, the focus was on Flawless IPTV and its operations between August 2016 and May 2018. During this period, Flawless served around 42,000 customers direct, charging each around £10 per month.
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?
CAFC Affirms One PTAB Ruling, Reverses Another in WeatherTech Vehicle Tray Patent Dispute
IP Watchdog
JUNE 8, 2023
In a precedential opinion issued Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a Patent Trial and Appeal Board (PTAB) judgment that affirmed patent claims in part due to the commercial success of MacNeil IP’s WeatherTech vehicle floor tray. The CAFC also affirmed a PTAB ruling that invalidated three claims of one of MacNeil’s patents in its battle with Yita LLC, a Seattle-based auto parts company.
A Prototypical Corporate Salesperson is Not Patentable!
The IP Law Blog
JUNE 8, 2023
The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. In People.ai, Inc. v. Clari Inc. (Fed. Cir. 2023) U.S. App. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. To be patentable, an invention must fall within one of four categories of patentable (or patent-eligible) subject matter: articles of manufacture, machines, processes, and compositio
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The Role of Fame in Considering Fair Use
The Illusion of More
JUNE 8, 2023
In Justice Kagan’s blistering dissent in AWF v. Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious). [Emphasis added] Kagan’s sweeping view that she could not […] The post The Role of Fame in Considering Fair Use appeared first on The Illusion of More.
Protecting Third-Party Technology Investments in Edge-to-Cloud and IIoT Applications
JD Supra Law
JUNE 8, 2023
Unpredictable supply chains, shifting consumer demand and turbulent global dynamics - have all required organisations to adapt. As businesses adopt cutting-edge technology to enhance and adapt their operations, the ability to protect investments in third-party technology is an increasingly important concern. Edge-to-Cloud and IIoT applications are becoming essential components of modern supply chains and manufacturing operations, and safeguarding investments in these technologies can be a.
Tough Talk, Empty Answers: How Heritage Minister Pablo Rodriguez is Propelling Canada’s News Sector Toward the Bill C-18 Cliff
Michael Geist
JUNE 8, 2023
Canadian Heritage Minister Pablo Rodriguez appeared last night before the Senate committee studying Bill C-18, facing repeated questions about how his government will respond if Internet platforms such as Facebook block news sharing in response to bill’s system of mandated payments for links. Much like Prime Minister Trudeau earlier in the day , Rodriguez had few answers, relying instead on tough talk about not backing down against the tech companies or warnings that even talking about the risks
June 8 Marks World Ocean Day
U.S. Department of Commerce
JUNE 8, 2023
June 8 Marks World Ocean Day June 8, 2023 ASowah@doc.gov Thu, 06/08/2023 - 10:27 Weather and satellites NOAA's National Weather Service (NWS) Collection; Location: North Pacific Ocean June is National Ocean Month through a Presidential Proclamation , coinciding with World Ocean Day, celebrated annually on June 8th. While the ocean is well-known for its natural beauty and mysteries, it also provides practical benefits such as producing oxygen and absorbing carbon dioxide emissions, influencing gl
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.
Which Government Agency Registrations in DC Require Special Agency Representation?
Cogency Global
JUNE 8, 2023
What this is : In Washington DC, you don’t have to look far to find a plethora of local or federal agencies that require special agency appointments. What this means : Whether you are conducting business locally or nationwide, if you have to register with a regulatory or governing authority, there is a good chance the application will require a special agency appointment to ensure their official correspondence and legal correspondence is properly received.
Apple Gets PTAB To Ax Bulk Of File Manager Patent
IP Law 360
JUNE 8, 2023
The Patent Trial and Appeal Board has found that most challenged claims in a MemoryWeb LLC digital file management patent were not valid, handing a win to Apple in its challenge.
No Lost Value Damages Despite Trade Secret Misappropriation
JD Supra Law
JUNE 8, 2023
The US Court of Appeals for the Second Circuit vacated a damages award, finding that although there was liability for appropriating trade secrets, the trade secret proprietor was only entitled to compensatory damages under federal trade secret law, not avoided cost damages based on alleged estimated research and development or loss of value. Syntel Sterling Best Shores Mauritius, Ltd., et al. v.
Apple, Fintiv Set For July Trial In Wallet App Patent Row
IP Law 360
JUNE 8, 2023
U.S. District Judge Alan Albright set a trial date for next month in a long-delayed lawsuit that alleges Apple's Wallet app infringes a patent from Fintiv Inc. for storing virtual credit cards on mobile devices for contactless payments.
Parody at the TTAB: Does the Supreme Court's "Bad Spaniels" Ruling Change the Game?
The TTABlog
JUNE 8, 2023
You may have heard that the Supreme Court issued its decision in the "Bad Spaniels" case yesterday [pdf here ], vacating the Ninth Circuit's decision that, inter alia , had immunized VPI from trademark infringement under Rogers v. Grimaldi. The Court ruled that, since VPI was (concededly) using its comedic design as a source indicator, Grimaldi did not apply.
Supreme Court Vacates Jack Daniel's TM Loss
IP Law 360
JUNE 8, 2023
The Ninth Circuit was wrong to hold that a poop-themed dog toy version of a Jack Daniel's whiskey bottle doesn't infringe the liquor maker's trademark rights because the parody is protected speech, the U.S. Supreme Court said in a unanimous opinion Thursday.
Never too late: if you missed the IPKat last week
The IPKat
JUNE 8, 2023
We also cannot believe it is June already. Here is what you missed last week from the IPKat. Image by Riana Harvey Trade marks Anna Maria Stein considered the age-old question: is an inverted cow vegan? In a decision by the EUIPO, an application for the registration of an image of an inverted cow for products excluding the presence of meat was refused for having a deceptive character and a lack of distinctiveness.
IP Forecast: Google To Face $33M Audio Patent Trial
IP Law 360
JUNE 8, 2023
A controversial Texas patent-holding company will lay out its case to jurors in Wilmington, Delaware, next week why Google should shell out about $33.1 million for selling Android tablets that allegedly infringe audio programming patents developed by a failed personalized cassette tape startup. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
Electra Powers Second Circuit’s False Endorsement Analysis
JD Supra Law
JUNE 8, 2023
Following on the heels of its 2021 decision in Electra v. 59 Murray, the US Court of Appeals for the Second Circuit affirmed the summary judgment denial of a Lanham Act claim related to false endorsement premised upon the unauthorized use of photographs in connection with promotional materials. Souza et. al. v. Exotic Island Enterprs., Inc., Case No. 21-2149 (2d Cir.
Warner Music Gets '70s Rockers' Royalties Class Action Pared
IP Law 360
JUNE 8, 2023
A Tennessee federal judge has agreed to trim a proposed class action brought against Warner Music by two members of the 1970s pop-rock band Orleans over allegedly withheld royalties, tossing failed declaratory judgment claims but shielding some "plausible" contract breach claims from dismissal.
USPTO Announces Slate of Proposed Rule Changes
JD Supra Law
JUNE 8, 2023
On April 20, 2023, the United States Patent and Trademark Office (USPTO) announced several proposed rule changes that would have an impact on patent applicants, patent holders, and patent challengers. A common thread running through several of the rule changes is the requirement of increased disclosure from litigating parties, including disclosures of related parties, ownership interests, and all settlement agreements (and any related or collateral agreements) between the parties.
No First Amendment Right to Confuse Consumers, High Court Holds
IP Tech Blog
JUNE 8, 2023
Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression.
SCOTUS: Dog Toy in the Doghouse as Jack Daniel’s Trademark Infringement Claims Remanded to District Court
LexBlog IP
JUNE 8, 2023
Jack Daniel’s Properties surely bought a round (or two) for its legal team yesterday to celebrate the Supreme Court’s unanimous holding that a parody dog toy’s use of the mark BAD SPANIELS and copycat trade dress as source identifiers disqualifies it from any special First Amendment protection when considering whether those trademarks infringe Jack Daniel’s rights in its JACK DANIEL’S mark and related trade dress.
Copyright case: Cifras y Letras Case, Spain
Kluwer Copyright Blog
JUNE 8, 2023
In a recent judgment, the Supreme Court held that the appellant had not justified compelling interest in the appeal and, therefore, ruled the extraordinary cassation and breach of process appeals filed by the claimant inadmissible. This put an end to the dispute ongoing since 2016 concerning whether the role of an expert “professor” in the programme “Cifras y Letras” should be deemed a performance eligible for protection under Article 105 CA and thus entitled to remunerat
Penile Implant Doc Combative With Rival's Atty At IP Trial
IP Law 360
JUNE 8, 2023
A urologist suing his rival for allegedly stealing trade secrets on a cosmetic penile implant spent a combative day on the witness stand Thursday in the California federal trial, giving vague or noncommittal answers while receiving frequent admonishments from the judge for veering off topic or not answering a question.
Federal Circuit: Contributions to Patented Cooking Method Not Meaty Enough for Joint Inventorship
JD Supra Law
JUNE 8, 2023
The Federal Circuit has reversed the District of Delaware’s ruling that added an inventor to a patent. The Federal Circuit found that the contribution by the added inventor was not significant when measured against the invention as a whole, thereby defeating the bid to change inventorship.
No First Amendment Right to Confuse Consumers, High Court Holds
LexBlog IP
JUNE 8, 2023
Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression.
The “Fake Drake” Debate: Does AI-Generated Music Which Mimics an Artist’s Sound Infringe on Intellectual Property Rights?
JD Supra Law
JUNE 8, 2023
The use of artificial intelligence (AI) to create various forms of media raises interesting legal issues relating to the protection of intellectual property. Generative AI is being used to create songs that have vocals and other characteristics that mimic the sound and style of famous musicians. Recently, AI was used to create a song that listeners would understand was created by musicians Drake and The Weeknd.
A Prototypical Corporate Salesperson is Not Patentable!
LexBlog IP
JUNE 8, 2023
The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. In People.ai, Inc. v. Clari Inc. (Fed. Cir. 2023) U.S. App. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. To be patentable, an invention must fall within one of four categories of patentable (or patent-eligible) subject matter: articles of manufacture, machines, processes, and composition
Federal Court Hits the Brakes on $105 Million Trade Secret Verdict Against Ford Motor Company
JD Supra Law
JUNE 8, 2023
Earlier this month, a federal judge in the Eastern District of Michigan overturned a jury verdict of nearly $105 million against Ford Motor Company for breach of contract and misappropriation of trade secrets. Finding that the plaintiff failed to present sufficiently specific evidence as to the damage calculation method or as to the development cost for each underlying trade secret, the court reduced the jury’s award to $3.
AI-Fueled Innovation Poses Patentability Challenges
IP Law 360
JUNE 8, 2023
Robert Plotkin at Blueshift IP explores questions about standards for inventorship, nonobviousness and disclosure as patent practitioners, the U.S. Patent and Trademark Office, and the courts grapple with rapid innovation in AI technology.
Client Alert: Putting the “Use” Back in Fair Use: The Supreme Court Decides Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
JD Supra Law
JUNE 8, 2023
The Supreme Court’s recent and much-anticipated decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of respondent Lynn Goldsmith, holding that the licensing to a magazine of an Andy Warhol print depicting the recording artist Prince did not constitute fair use of Goldsmith’s photograph on which the print was based.
More than Dollars – Things Other Than Purchase Price to Consider When Structuring an M&A Transaction – PART 2
Stock Legal Blog
JUNE 8, 2023
This series will highlight some of the business owner characteristics, motivations, and fears we often encounter in the world of mergers and acquisitions. The hypothetical business owners discussed here are amalgamations of personalities we've seen and are not meant to describe any particular person perfectly. You may, however, recognize some of these circumstances or motivations in yourself or others.
The Generative AI Revolution: Key Legal Considerations for the Nonprofit & Trade Association Industry
JD Supra Law
JUNE 8, 2023
Generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing consumer application in history. Other popular generative AI tools such as Github Copilot, DALL-E, HarmonAI, and Runway offer powerful tools that can generate computer code, images, songs, and videos, respectively, with limited human involvement.
International IP Agreements
Sander Law
JUNE 8, 2023
There are several international IP agreements that are useful in protecting your IP. Below is a brief summary of a few of them: Paris Convention (Foreign filing priority) After filing your IP in your home country, you can file the same IP in other countries and benefit from the filing date of the earlier home application (e.g. Canada). To claim priority, for Trademarks and Designs you need to file foreign applications within 6 months of the home trademark or design application and for Patents yo
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