Hugh Stephens Blog
FEBRUARY 24, 2022
February 21-25 is Fair Use/Fair Dealing week, so proclaimed by a number of participating organizations in the US and Canada and organized by the Association of Research Libraries under the umbrella of fairuseweek.org. As in past years, there will be a series of online events extolling the virtues of fair use and fair dealing. Fair … Continue reading "What Happens when Fair Dealing is not “Fair”??
Plagiarism Today
FEBRUARY 24, 2022
Today, the United States Supreme Court handed down what will likely be one of the most important copyright verdicts in some time as it ruled 6-3 in favor of Unicolors in their long-running dispute against H&M. The dispute centers around a series of alleged infringements by H&M. According to the lawsuit, Unicolors created and registered a copyright in a pattern that H&M used when creating multiple products.
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TorrentFreak
FEBRUARY 24, 2022
From the day the first computer and video games were published, people have been able to pirate them. In the early days that involved copying cassettes and floppy disks and today most unauthorized copying takes place over the Internet. Over the past decades, a subset of gaming fans have united in Scene groups to ensure a steady stream of cracked games, i.e those that have had their protections removed.
Plagiarism Today
FEBRUARY 24, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Appeals Court Revives Copyright Lawsuit Over ‘Servant’. First off today, Winston Cho at The Hollywood Reporter Esquire reports that the Ninth Circuit Court of Appeals has revived a lawsuit against Apple over the AppleTV+ series Servant. The lawsuit was filed by Francesca Gregorini, who targeted Apple as well as others involved in the production of the series.
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?
SpicyIP
FEBRUARY 24, 2022
We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. The deadline for submissions is 10th March, 2022.
IP Watchdog
FEBRUARY 24, 2022
The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) today revealed its 2022 International IP Index, “Compete for Tomorrow,” which is now in its tenth edition. Last year, the report focused on the role of effective intellectual property (IP) frameworks in helping economies to combat and recover from the COVID-19 pandemic and identified several emerging economies that had made significant improvements.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
FEBRUARY 24, 2022
In a 6-3 decision today, the U.S. Supreme Court held that Section 411(b) of the U.S. Copyright Act “does not distinguish between a mistake of law and a mistake of fact; lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under §411(b)(1)(A)’s safe harbor.” The decision comes after Unicolors, Inc. petitioned the Court in January of last year, asking whether the Ninth Circuit erred in determining that Section 411 required referral to the Copyright Office
IP.com
FEBRUARY 24, 2022
Strategic creativity sounds like an oxymoron; it’s reminiscent of “organized chaos.” While strategy and creativity appear to be opposites at first glance, neither is optional for innovative businesses. It can. The post Strategic Creativity is Key to Novel Ideas appeared first on IP.com - IP Innovation and Analytics.
IP Law 360
FEBRUARY 24, 2022
The U.S. Supreme Court delivered welcome news to copyright holders on Thursday by finding that innocent legal errors do not trigger a provision that can void a registration, making clear that mistakes in a filing will pose a risk to copyrights only in rare circumstances.
The IP Law Blog
FEBRUARY 24, 2022
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public. Watch this episode on the Weintraub Youtube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.
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IP Law 360
FEBRUARY 24, 2022
The Federal Circuit on Thursday upheld the Trademark Trial and Appeal Board's decision to allow Disney to stop United Trademark Holdings Inc. from registering "Teen Tink" and "Teen Tinker Bell" trademarks for its doll collections, finding that the marks would likely cause confusion among consumers.
Likelihood of Confusion
FEBRUARY 24, 2022
A trademark case involving LIKELIHOOD OF CONFUSION (the legal thing, not the fun blog) got unusual Supreme Court attention last week, as you doubtless know by now. [UPDATE: Here’s the ruling. The post B&B Hardware: The TTAB, the trademark bloggers and the likelihood of preclusion (Updated) appeared first on LIKELIHOOD OF CONFUSION™.
Patently-O
FEBRUARY 24, 2022
by Dennis Crouch. The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court.
43(B)log
FEBRUARY 24, 2022
Robert A. Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vanderbilt Law Review 161 (2022) Abstract: For decades, the United States Patent and Trademark Office (“PTO”) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services. Pursuant to this “lawful use requirement,” the Agency has refused or even cancelled registration of thousands of marks used on everything from Schedule I controlled subst
U.S. Department of Commerce
FEBRUARY 24, 2022
EDA and MBDA Support a New Generation of Black Entrepreneurs. February 24, 2022. KCPullen@doc.gov. Thu, 02/24/2022 - 10:41. Investing in communities and workers. Minority business growth. At the U.S. Department of Commerce, National Black History Month is an opportunity to shine a light on the legacies and achievements of those within the Black business community and to honor the significant cultural and economic contributions of Black Americans to our country.
IPilogue
FEBRUARY 24, 2022
Sarah Raja is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. This semester, I had the opportunity to participate in Osgoode’s Intellectual Property (IP) and Technology Law Intensive Program. The program involves a 10-week placement as a legal intern to gain real-world experience in IP law.
IP Law 360
FEBRUARY 24, 2022
Epson America Inc. filed a false advertising suit against its competitor Xgimi Technology Inc. on Wednesday, accusing the company of inflating the brightness value of several portable home projector models sold on Amazon and at other retail stores.
JD Supra Law
FEBRUARY 24, 2022
Some of the most significant current issues in patent litigation have been percolating for years: patent eligibility, venue, and inter partes review proceedings. In this post, we consider guidance on patent eligibility; recent developments in where patent cases can be properly filed; and insight into contractual tools for managing IPR risks.
IP Law 360
FEBRUARY 24, 2022
Walmart is looking to boot a design patent suit in California federal court that claims it is infringing a fluffy slipper by the maker of Ugg, arguing that the footwear style is far from unique and shouldn't have been patented.
Technology & Marketing Law Blog
FEBRUARY 24, 2022
[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Prayers for Ukraine.]. Bloggers play an increasingly important role in the research ecosystem, especially as investigative journalism has declined. Bloggers often pay attention to issues that are too niche-y or esoteric for mainstream media coverage, and bloggers can provide expert commentary and repositories of source materials on fast-moving topics.
IP Law 360
FEBRUARY 24, 2022
The estates of Jimi Hendrix's former bandmates have asked a U.S. judge to toss out a suit filed by the Hendrix Estate and Sony Music that challenges their copyright, saying the dispute belongs in the English courts.
The TTABlog
FEBRUARY 24, 2022
Under Section 6(a) of the Trademark Act, "[t]he Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable." Here are three recent TTAB decisions involving refusals based on Section 6(a) disclaimer requirements. At least one of the refusals was reversed. Take a guess at how they turned out. [Answer in first comment].
IP Law 360
FEBRUARY 24, 2022
A Florida-based security firm that a federal court recently ruled should receive profits of a rival that created a false Instagram account in its name has asked the court to reject the defendant's "illogical" bid to collect attorney fees and costs as the purported prevailing party.
IP Tech Blog
FEBRUARY 24, 2022
For the second time in four months, the U.S. Court of Appeals for the Federal Circuit has issued a precedential opinion about forum selection clauses (FSC) in confidentiality agreements. On October 7, 2021, the Federal Circuit issued a precedential opinion in Kannuu Pty Ltd. v. Samsung Electronics Ltd. et al. , holding that, in a non-disclosure agreement (NDA) that expressly excludes a license grant, a FSC does not prohibit a patent infringement defendant from filing inter partes review (IPR) pe
The IPKat
FEBRUARY 24, 2022
The IPKat has received the following comment from Rui Cao (LLM candidate at Shanghai Jiaotong University) on a recent trade mark infringement case in Shanghai regarding Klüber's specialty lubricants. Here's what Rui Cao writes: Shanghai court: the doctrine of exhaustion does not protect all unauthorized repackaging from trade mark infringement claims by Rui Cao As a general rule of thumb, Chinese courts follow the doctrine of exhaustion.
IAM Magazine
FEBRUARY 24, 2022
Patent transactions involving former Samsung IP head reveal context of in-house chief’s move to the licensing sector – a big uptick in local standards development and dealmaking.
The IPKat
FEBRUARY 24, 2022
Trier The IPKat’s friends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy preparing and delivering knowledge and training in the IP field, with also plenty of opportunities to network and exchange views with fellow IP aficionados. The ERA friends have just informed The IPKat that they will be delivering the following programmes over the next few months, all coming with a 25% discount in the registration fee for the benefit of our readers who use ERA2022IPKAT at
LexBlog IP
FEBRUARY 24, 2022
Dispute Over Reexamination Vacatur Sent Back to VA Court. The recent trend of denying PTAB trial petitions on discretionary grounds has been argued to frustrate the purpose of the America Invents Act (AIA). Indeed, patent reexamination filings — the clunky mechanism the AIA was supposed to supplant — surged by 60+% last year. With stakeholders unhappy with how the PTAB is operating, interesting questions are being raised on when/how a reexamination remains viable after a failed AIA t
IP Law 360
FEBRUARY 24, 2022
For the fourth time in a row, the U.S. has placed second in global patent protection, with the United Arab Emirates, Nigeria and Peru seeing the most overall improvement over the past year, according to a new report released by the U.S. Chamber of Commerce.
JD Supra Law
FEBRUARY 24, 2022
Campbell Soup Co. petitioned for inter partes review (IPR) of Gamon Plus, Inc.’s design patents D612,646 and D621,645. The Patent Trial and Appeal Board (Board) instituted the IPR and determined that Campbell Soup did not establish unpatentability because it had not set forth a proper primary reference. Campbell Soup appealed, and the U.S. Court of Appeals for the Federal Circuit vacated and remanded the case to the Board.
IP Law 360
FEBRUARY 24, 2022
The Federal Circuit on Thursday revived Alarm.com's challenge to several U.S. Patent and Trademark decisions barring it from seeking ex parte reexaminations of three Vivint Inc. patents, reversing a Virginia federal judge's ruling that judicial review of the USPTO's estoppel decisions isn't available.
Nelligan Law
FEBRUARY 24, 2022
Reading Time: < 1 minute. What rights do employees have if they feel unsafe at work – or while getting to work? Claire Kane Boychuk recently joined CTV News to discuss legal options for downtown employees who felt unsafe at work due to demonstrations. The post Claire Kane Boychuck on CTV News appeared first on Nelligan Law.
Patent Trademark Blog
FEBRUARY 24, 2022
Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. It’s true that only utility patents protect functional features, but design patents can still play an important role in protecting features that are not so functional. Let’s explore when it makes sense to pursue a product design patent.
LexBlog IP
FEBRUARY 24, 2022
In Pierce Manufacturing, Inc., et. al v. E-One, Inc. et. al , 8-18-cv-00617 (MDFL Feb. 16, 2022) (Thomas P. Barber) the Court denied in part plaintiffs’ motion for pre-judgment interest that would have accrued during a stay due to COVID-19. In the case, Defendants were found liable for infringing certain claims in Plaintiffs’ asserted patent and the jury awarded Plaintiffs damages of $1,287,854 in lost profits and $170,500 in reasonable royalties.
IP Law 360
FEBRUARY 24, 2022
The Bank of New York Mellon was slammed Thursday with a copyright infringement lawsuit from a Garden State software business alleging the financial institution is unlawfully using the company's automation technology at offices across the globe.
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