Fri.Jan 14, 2022

article thumbnail

Major Record Labels Sue Youtube-dl’s Hosting Provider

TorrentFreak

In October 2020, the RIAA caused outrage by taking down YouTube-ripping tool youtube-dl from GitHub. The RIAA cited the anti-circumvention provisions of the DMCA, claiming that the tool could be used to download their artists’ musical works from YouTube, in breach of copyright. With little supporting case law in the United States, the RIAA referenced a decision from the Hamburg Regional Court in a similar case, which found that YouTube’s “rolling cipher” should be considered an effective t

article thumbnail

INTA Weighs in at CJEU on EU Parallel Imports Case

IP Watchdog

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. (Case C-175/21 Harman International Industries, Inc. v. AB SA.) In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

Trademark 126
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Cox Challenges $1 Billion Piracy Verdict Over ‘Lies’ and ‘Serious Misconduct’

TorrentFreak

Three years ago, Internet provider Cox Communications lost its legal battle against a group of major record labels. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages. This landmark ruling is currently under appeal but Cox also discovered new information that could turn the initial verdict on its head.

Music 130
article thumbnail

Department of Commerce Holds its First Equity Town Hall

U.S. Department of Commerce

Department of Commerce Holds its First Equity Town Hall. January 14, 2022. KCPullen@doc.gov. Fri, 01/14/2022 - 18:36. Investing in communities and workers. Today, Secretary Gina Raimondo and Deputy Secretary Don Graves, along with Diane?Farrell, Acting Deputy Under Secretary of the International Trade Administration (ITA), held the Department’s first Equity Town Hall.

Business 124
article thumbnail

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?

article thumbnail

Not Backing Down Now – Multiple Amicus Curiae Briefs Filed for Amgen v. Sanofi

JD Supra Law

At the end of last month, three amicus curiae briefs were filed following the petition for a writ of certiorari in the Amgen, Inc. v. Sanofi, Inc. case. We previously discussed the petition for a writ of certiorari in detail here. The first amicus brief was submitted by the Association of University of Technology Managers (AUTM), Biogen, Bristol-Myers Squibb, Corning, Merck Sharp & Dohme, and St.

article thumbnail

2021 IP Year in Review

IPilogue

Photo by Engin Akyurt ( Unsplash ). Prof. Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley

IP 106

More Trending

article thumbnail

Perfume N°5 v N°9: Chanel won an unfair competition case in China

The IPKat

In 2019, after spotting a perfume product in China’s market highly similar to its classic N°5 perfume, Chanel took a ‘notarization-throughout purchase’ online and located the alleged infringing product shown below on the right. The side-by-side comparison captures several common features. The obvious difference lies in the text: whilst Chanel has ‘N°5, CHANEL’, the alleged infringing product uses ‘N°9, FLOWER OF STORY’ (hereinafter ‘the N°9 perfume’).

Law 142
article thumbnail

Expert Testimony May Establish Written Description Support for Negative Claim Limitation

JD Supra Law

On January 3, in Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc., the Federal Circuit found written description support for a negative claim limitation, even though the negative claim limitation did not have literal support in the specification. The court found that expert testimony established that a person having ordinary skill in the art (PHOSITA) would understand the specification to disclose the negative claim limitation.

Art 102
article thumbnail

Lenovo Makes $80M Play To Resolve InterDigital IP Dispute

IP Law 360

Lenovo offered to pay InterDigital a lump payment of $80 million on Friday to end a long-running battle over fair and reasonable licensing terms for mobile phone standard patents, arguing that it was comparable with deals struck by other major manufacturers.

article thumbnail

New Tools for Canceling Trademarks

JD Supra Law

Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services? Unfortunately, it is happening more than ever because the U.S. Patent and Trademark Office (USPTO) trademark register is full of registrations, both legitimate and illegitimate.

Trademark 101
article thumbnail

IPO Diversity in Innovation Toolkit

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.

article thumbnail

Brand Battles: Coachella Wants 'Bookchella' To Face Music

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the organizers of the popular music festival Coachella are trying to block a trademark application for "Bookchella" — plus four other cases you need to know about.

Music 84
article thumbnail

CVC Files Substantive Miscellaneous Motion No. 4 to Add Senior Party Patents and Designate Claims Corresponding to the Count

JD Supra Law

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Miscellaneous Motion No. 4 in Interference No. 106,132 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to add Sigma-Aldrich's U.S. Patent Nos. 10,731,181 and 10,745,716 to the interference and designate claims 1-17 of the '181 patent and claims 2-4, 11, 14, and 21-22 of the '716 patent as.

Designs 96
article thumbnail

Admitted Prior art in 1886

Patently-O

Field v. De Comeau , 116 U.S. 187 (1886). Field’s patent uses a spring to make it easier to slip on tight-fitting gloves. The case reached the Supreme Court in 1886, but the court sided with the accused infringer. The case involved admitted-prior-art. In particular, the patent specification admitted “that springs had been combined before with the wrists of gloves” in the past.

Art 75
article thumbnail

CALL FOR APPLICATIONS – IP Researchers Needed for DABUS Patent Application

IPilogue

Student researchers are needed to assist in the preparation of arguments for the ground-breaking DABUS AI patent application in Canada. DABUS, short for Device for the Autonomous Bootstrapping of Unified Sentience , is an artificial intelligence (“AI”) machine that can invent and generate new ideas without any human input. DABUS is a form of neurocomputing and in some sense, DABUS may be said to mimic aspects of human brain function.

article thumbnail

The Trademark Modernization Act: New Procedures, New Deadlines and New Standards

JD Supra Law

On December 18, 2021, the U.S. Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect. The first major overhaul of the Lanham Act since 1998, the TMA introduced new tools to remove unused trademarks from the Register and expedite the overall registration process. This client alert highlights certain key new procedures, deadlines, and standards under the TMA rules and their impact on brand owners.

article thumbnail

What does the Supreme Court’s Order rejecting the OSHA Rule mean for employers?

LexBlog IP

After a protracted battle in the Courts, on January 13, 2022, the U.S Supreme Court effectively ended the Biden Administration’s efforts to mandate widespread COVID vaccinations for large employers. That day, the Court issued a stay of an OSHA emergency temporary regulation that required all employers nationwide that had 100 or more employees, regardless of industry, to implement a mandatory vaccination policy for their employees and verify that the employees were vaccinated.

article thumbnail

Best of 2011: Infinite loop

Likelihood of Confusion

First posted (in updated form) on September 20, 2011.(Originally published on July 22, 2011; see update at bottom!) It can only mean one thing when you read this in a. The post Best of 2011: Infinite loop appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

Protecting Your Brand With New Domain Names

JD Supra Law

If you have a business, then you have probably already registered your brand(s) under one or more top-level domain names, such as.com,net,org,edu,co,info, or.biz. You may have also registered one or more of your brands under country codes like.cn (China),mx (Mexico), and/or.uk (United Kingdom). But, have you registered your brand(s) under enough top-level domain names to sufficiently protect it or them?

article thumbnail

Navigating Brand Protection and Trademarks for Social Media Influencers

LexBlog IP

Navigating Brand Protection and Trademarks for Social Media Influencers. Building a brand or business as an influencer on social media is not easy. Not only are you tasked with building a successful, recognizable brand, you’re building yourself as the brand. Doing this work therefore takes time, dedication, hard work, and a lot of bravery. An investment of your time, talents, and personality in becoming a trusted authority via social media is difficult enough, but it’s vitally import

article thumbnail

PTAB Statistics Through Two Months of FY2022

JD Supra Law

The institution rate for post-grant petitions in FY 2022 through the end of November 2021 (Oct. 1, 2021 through Nov. 30, 2021) stands at 66% (138 instituted, 71 denied) compared to 59% in the previous fiscal year.

55
article thumbnail

Looking Back at 2021: PTAB Trial and Appeal Statistics

LexBlog IP

Late last year, the PTAB published its final round of statistics for 2021. From October 1, 2020 to November 30, 2021, 1629 petitions were filed at the Patent Trial and Appeal Board (PTAB). The majority of petitions filed are for Inter Partes Review (IPR), with less than 10% of petitions filed for Post Grant Review (PGR). By technology, the majority of petitions filed, by far, are in the fields of electrical and computer science.

article thumbnail

Avoiding Fashion Faux Pas: Factors to Consider When Drafting Agreements for Fashion Companies

JD Supra Law

In order to properly run a successful business and create a solid brand, fashion companies need to enter into many agreements that span the areas of corporate, real estate, and intellectual property. This article provides some important factors to consider when drafting favorable provisions within three agreements commonly entered into by fashion companies.

article thumbnail

Will Romance Readers Fall For Subscriptions?

Velocity of Content

The launch this week of Harlequin Plus moves the world’s largest romance publisher beyond books into the broader “content” category, says Andrew Albanese , Publishers Weekly senior writer. Choosing monthly from “book bundles” across the publisher’s nine imprints, customers of the new multimedia subscription service will receive either e-books or physical copies delivered to their homes.

article thumbnail

Federal Circuit Holds Data Privacy Method Patent Claims Invalid

JD Supra Law

The protection of a business’s most critical data - its “crown jewels” - has never been more important. The increase in attack sophistication, tempo, and success rate, has made cybersecurity an “up at night” issue for the entire C-Suite.

Privacy 52
article thumbnail

CLE: Two Free Seminars on Representing Prisoners

Chicago IP

The federal district courts in Illinois will host two remote continuing legal education seminars on representing prisoners. The first seminar “Introduction to Prisoner Civil Rights Litigation” will be held on January 27, 2022 and the second seminar “Representing Prisoners in Medical Cases” will be held on February 3, 2022. Both seminars will be held from 9:30 a.m. to 12:30 p.m.

article thumbnail

The Third Circuit Finds Defense Owed for Potentially Covered Advertising Injury

JD Supra Law

On January 5, 2022, the Third Circuit confirmed that the “potentially covered” standard for the duty to defend is far broader than the “actually covered” standard for the duty to indemnify, also confirming that the duty to defend is based on the factual allegations as they appear in the complaint. See, Vitamin Energy, LLC v. Evanston Ins. Co., — F.4th —, 20-3461, 2022 WL 39839 (3d Cir.

article thumbnail

CLE: Two Free Seminars on Representing Prisoners

LexBlog IP

The federal district courts in Illinois will host two remote continuing legal education seminars on representing prisoners. The first seminar “Introduction to Prisoner Civil Rights Litigation” will be held on January 27, 2022 and the second seminar “Representing Prisoners in Medical Cases” will be held on February 3, 2022. Both seminars will be held from 9:30 a.m. to 12:30 p.m.

article thumbnail

USPTO Launches Program To Defer Subject Matter Eligibility Responses

JD Supra Law

Starting February 1, 2022, the U.S. Patent and Trademark Office (USPTO) will begin inviting selected applicants to participate in a pilot program to defer subject matter eligibility examination until final disposition of the application or all other rejections have been addressed.

article thumbnail

Caoimhe Powell

Herbert Smith Freehills

Profile Picture : First Name : Caoimhe. Last Name : Powell. Job Title : Head of Disputes, UK & EMEA, Alternative Legal Services. Phone Number : +44 28 9025 8235 +44 28 9025 8235. Email : Email caoimhe.powell@hsf.com.

52
article thumbnail

Developing a NIL policy: Limitations on NIL activities (Part 5)

JD Supra Law

Throughout our Developing a NIL policy series, we have provided checklists to help colleges and universities with the drafting and/or tweaking of their name, image and likeness (NIL) policies since the National Collegiate Athletic Association (NCAA) reversed its broad prohibition on athletes’ abilities to profit from their NIL. So far, we’ve reviewed: (1) the five foundational pillars, (2) general statements to include; (3) the use of institutional logos, marks and facilities; and (4) disclosure

52
article thumbnail

USPTO must back up new TM sanctions with action: in-house

Managing IP

The USPTO should make sure it deters attorneys and filers from bad practices if it wants its new process to be effective, say sources

59
article thumbnail

Without injunctions, the US patent system is rigged in favour of deep pocket defendants

IAM Magazine

Sonos’s recent win over Google at the ITC demonstrates the importance of innovators having the ability to exclude infringers from practising on their inventions.

article thumbnail

Precedential No. 2: TTAB Rejects Summary Judgment Motion Filed Three Days Too Late

The TTABlog

The Board denied Opposer Lumber Liquidator's request for reconsideration of the denial of its summary judgment motion because the motion was untimely. A summary judgment motion must be filed before the deadline date for pre-trial disclosures, but Lumber Liquidator filed its motion three days after the deadline date. Lumber incorrectly applied Rule 2.196 in adding three days to the deadline.

article thumbnail

Without injunctions, the US patent system is rigged in favour of deep pocket defendants

IAM Magazine

Sonos’s recent win over Google at the ITC demonstrates the importance of innovators having the ability to exclude infringers from practising on their inventions.

article thumbnail

Counterfeits study raises questions over social media influencers

Managing IP

A new UKIPO study prompts counsel to ponder the power of influencers in promoting counterfeits and what should be done about it