Likelihood of Confusion

JANUARY 6, 2024

We have written before (as have some judges) about the dubious concept of “diversion,” usually used to rationalize the equally dubious concept of “initial interest confusion,” as well as in. The post “Diversion”: Threat or menace? appeared first on LIKELIHOOD OF CONFUSION™.

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The IPKat

JANUARY 6, 2024

A while ago, the IPKat reported [ here , here , and here ] on a number of cancellation actions directed at Banks’s EU trade mark (EUTM) registrations representing his artworks. In particular, in 2020, the Cancellation Division of the European Intellectual Property Office (EUIPO) declared an EUTM representing one of Banksy’s best known artworks, the Flower Thrower (depicted below), invalid on grounds of bad faith pursuant to Article 59(1)(b) EUTMR : Having the above in mind, the Flower Thrower wo

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Artwork Registration Intellectual Property Copyright 70

LexBlog IP

JANUARY 6, 2024

As some readers may be aware ( I have previously mentioned it only in passing ) a firm in the IPH Limited ( ASX:IPH ) group – the market cap of which is A$1.56B at publication – is once again taking legal action against a recently-established firm and its founders, all of whom are former employees of Spruson & Ferguson ( ‘S&F’ ).

Patent 52

Patent IP Contracts Publishing 52

The IPKat

JANUARY 6, 2024

If you've been too busy sleeping off the New Year's celebrations , here's the summary of the IP news you missed last week. Patents and Plant Varieties Evidently, this Kat's new year's resolution was to take more naps! (Image from Pixabay) Henry P. Yang analysed the recent judgment in Optis v Apple Trial E (one of six related trials), which focuses on the terms of a FRAND licence and the conduct of the parties in the negotiations.

Intellectual Property 67

Intellectual Property Copyright Registration Licensing 67

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?

Technology

Technology & Marketing Law Blog

JANUARY 6, 2024

This is a class-action employment lawsuit. The parties settled and sought judicial approval of the settlement terms and associated attorneys’ fees. They didn’t get the approval. The judge balks at several terms of the settlement, including the attorneys’ fee request. The judge really gets revved up talking about the lodestar comparison of the billable hours-based accumulations compared to the requested contingency fee.

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