Fri.Apr 14, 2023

article thumbnail

When Camembert went to war

The IPKat

This Kat continues her discussion on how wars affect geographical indications (GIs), this time, how World War I changed the history of camembert, one of the France’s most famous cheese, both for the good (the building of a broad-based reputation) and for the bad (laying the seeds for the ultimate genericization of the product name). Camembert is a soft and creamy cheese, made from cow’s milk.

Contracts 139
article thumbnail

Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity

JD Supra Law

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise.

Fair Use 118
Insiders

Sign Up for our Newsletter

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

article thumbnail

Russian Registry Revokes TorrentGalaxy’s Domain Name for Unknown Reasons

TorrentFreak

The Soviet Union was dissolved more than thirty years ago, but the former transcontinental state still has its own.su TLD. The.su domain extension isn’t exactly mainstream. There are a little over 100,000 active domains, with.su extensions reportedly proving popular among cybercriminals. Experts have cited outdated terms and a lack of enforcement as historical reasons for the cybercrime appeal.

article thumbnail

District Court Dismissed Infringement Claims Regarding Online Video Streaming Because the Patents Recited Patent-Ineligible Abstract Ideas

JD Supra Law

Judge Cronan in the Southern District of New York (S.D.N.Y.) recently granted a motion to dismiss Plaintiff’s complaint because the patents-in-suit are directed to patent-ineligible subject matter under 35 U.S.C. § 101. The patents are directed to online video streaming. The court found the claims unpatentable because they recite abstract ideas of reformatting and recording data and transmitting audiovisual data.

Patent 98
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

Korean Piracy Giant Noonoo TV Shuts Down Citing Bandwidth Costs & Pressure

TorrentFreak

Smash hit movies and TV shows such as Parasite and Squid Game, coupled with the unprecedented success of boy band BTS, have helped to cement South Korea as a major player on the global entertainment map. Success for Korean entertainment companies carries the same pros and cons as it does for those in the West. More exposure, more sales, greater opportunities and, somewhat inevitably, more piracy.

article thumbnail

The Case For Allowing AI-Assisted Inventions

JD Supra Law

Patentability of AI-assisted Inventions- DBL’s Managing Partner Tom Dunlap recently wrote an interesting article about the current state of artificial intelligence (AI) inventorship. Mr. Dunlap detailed the patenting efforts surrounding DABUS, an AI system developed by Dr. Stephen Thaler that autonomously created certain inventions.

More Trending

article thumbnail

Arbutus Biopharma Corp. v. ModernaTx, Inc. (Fed. Cir. 2023)

JD Supra Law

"This application claims priority to [properly identified earlier-filed application, the disclosure of which is expressly incorporated herein in its entirety" is a phrase commonly found in patents and patent applications as an attempt to bolster disclosure without burdening the specification unnecessarily.

article thumbnail

Bill C-11 Estimates Revealed: Internal Government Documents Show No Impact on Net Employment, Admit Streamers Already Invest Millions in “Unofficial Cancon”

Michael Geist

The government’s support for Bill C-11 has often been framed on economic terms with Canadian Heritage Minister Pablo Rodriguez arguing that the bill will “create good jobs for Canadians in the cultural sector”. I’ve long maintained the government’s claims that the bill will generate billions of dollars in new money was massively exaggerated and that a far more likely scenario would be that the bill would simply lead to a reshuffling of existing expenditures.

article thumbnail

Marketing in the Metaverse

JD Supra Law

The metaverse presents exciting new opportunities for brands to engage a new audience through interactive virtual environments and immersive experiences, including with virtual products that cross the digital divide. Many luxury goods companies, for example, now offer NFTs and other digital items under flagship brands that correspond with real-world products in an effort to drive engagement and instill brand loyalty among these new (and generally younger) consumers.

article thumbnail

Federal Circuit Agrees with TTAB that SPARK LIVING and SPARK are Likely to Be Confused

IP Watchdog

Trademark applicant Charger Ventures LLC has lost its appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC) from the Trademark Trial and Appeal Board’s (TTAB’s) finding that SPARK LIVING is likely to be confused with an earlier-registered mark, SPARK. The precedential decision was authored by Judge Reyna. Both marks cover real estate services, but Charger amended its application to specify residential real estate services, whereas the earlier mark specified services related to comme

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

Ahead of Google Trial, Alsup Narrows Sonos Patent Case

IP Law 360

A federal judge in San Francisco has decided that a remote "party mode" program that YouTube unveiled over a decade ago covered some of the language for which Sonos landed a patent years later, trimming part of the speaker company's suit against Google over wireless technology weeks before the case is set to go to a jury.

Patent 75
article thumbnail

A circle of sustainability: A conversation with circulee’s Thomas Gros

McKinsey Operations

The CEO and cofounder of a German start-up explains how his company’s circular model reduces CO2 emissions by reinventing the sourcing of IT hardware by smaller businesses.

article thumbnail

5th Circ. Upholds Hearst Loss In Photog's Copyright Suit

IP Law 360

The Fifth Circuit will not reverse a lower court's finding that Hearst Newspapers is liable for infringing a photographer's registered copyrights on images of the "Guinness Castle," doubling down on its prior precedential holding that the statute of limitations starts at the point of discovery.

article thumbnail

Growth lessons from European mid-cap consumer companies

McKinsey Operations

Maximizing the core, expanding into attractive adjacencies, and selectively launching new businesses can help midsize consumer companies achieve growth.

article thumbnail

UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen insurers Allianz and Liberty Mutual face up to another claim from an Irish aircraft lessor over planes grounded in Russia, the U.K.’s attorney general sued by the Chartered Institute of Legal Executives, and law firm Kennedys tackle a claim from the owner of the financially-troubled Wasps rugby team. Here, Law360 looks at these and other new claims in the U.K.

article thumbnail

Other Barks & Bites for Friday, April 14: A Precedential Week for the CAFC; Investigation of Judge Newman by CAFC Chief Judge Heats Up; USPTO Delays Collection of Patent Practitioner Registration Statement

IP Watchdog

This week in Other Barks & Bites: U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Moore is investigating Judge Pauline Newman's fitness to continue serving on the court; the CAFC issues six precedential IP decisions; a district court grants Google a partial win in its patent dispute with Sonos; the U.S. Patent and Trademark Office (USPTO) indefinitely delays the collection of registration statements from patent practitioners; and the rapper Cam’ron faces a copyright lawsuit

article thumbnail

9th Circ. Pushes Back Against ZoomInfo's Free Speech Claims

IP Law 360

A Ninth Circuit panel on Friday challenged a Washington tech company's argument that it has free-speech protection to use without permission the names and personal information of people in an online business directory to sell subscriptions.

article thumbnail

Inglot Cosmetics: Revolutionizing Make-up and Celebrating You and Your Individuality

WIPO Magazine

Zbyszek Inglot, Chairman of the Board at Poland’s Inglot Cosmetics, one of the world’s leading cosmetics manufacturers, discusses the role that innovation plays in delivering high-performance cosmetics.

52
article thumbnail

Judge Cuts TM Claim In Gaming Cos.' 'Ca$h Bash' Dispute

IP Law 360

A federal judge dismissed a trademark dilution claim from a Georgia-based computer gaming company's trademark infringement case against a Hong Kong-based mobile game developer, finding Thursday that the gaming company failed to show its mark was famous enough to prevail on a federal dilution claim.

article thumbnail

Colombian Financial Regulator Launches Fintech Challenge

Olartemoure Blog

In recent days, the Financial Superintendence of Colombia has drawn attention to the Sandbox Box Challenge program, which aims to provide legal and technical advice to three innovative Fintech initiatives, both national and international, that offer financial solutions for medium- and small-scale productive projects. To participate, you must have a entrepreneurship in an advanced stage of development that meets the requirement mentioned above.

article thumbnail

Fed. Circ. Confirms Review Of Judge Newman's Fitness

IP Law 360

The Federal Circuit confirmed Friday that an investigation has been initiated into allegations of a complaint by Chief Judge Kimberly Moore that 95-year-old Judge Pauline Newman's health has left her unable to function effectively on the bench, including concerns about possible cognitive impairment.

52
article thumbnail

[Audio] Podcast: The Briefing by the IP Law Blog - Law Firm Sues Las Vegas Raiders for Threatening Trademark Infringement Claim

JD Supra Law

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

article thumbnail

The Briefing by the IP Law Blog: Law Firm Sues Las Vegas Raiders for Threatening Trademark Infringement Claim

LexBlog IP

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog. Read more about this case on the IP Law Blog here.

article thumbnail

The Briefing by the IP Law Blog: Law Firm Sues Las Vegas Raiders for Threatening Trademark Infringement Claim

The IP Law Blog

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog. Read more about this case on the IP Law Blog here.

article thumbnail

Fed. Circ. Upholds PTAB Ax Of Insecticide Patent Claims

IP Law 360

The Federal Circuit has backed a Patent Trial and Appeal Board decision wiping out part of an insecticide patent owned by an agriculture technology maker, affirming the board's claim construction and finding that contradictory evidence is not enough to overturn the invalidation.

Patent 52
article thumbnail

London Book Fair Expects Strong Showing

Velocity of Content

London Book Fair returns to the Olympia venue next week, notes Andrew Albanese , Publishers Weekly senior writer. “All 500 tables at the International Rights Center are booked, according to Gareth Rapley, the new show director,” Albanese says. “The fair expects a 30% increase in attendance over 2022. While still below pre-pandemic levels, that would be a pretty good step in the right direction.

article thumbnail

Start-up Factory Growth

Olartemoure Blog

Through the stages of the Startup Factory Growth & Late program, it is expected to accelerate up to 20 companies through business strategies for investment and growth, business plan and traction to have access to capital raising plans. The program estimates one (1) iteration with a total duration of 36 weeks and companies, ventures, start-ups , spin-offs at national or international level that are in the ICT, Biotechnology, Circular Economy or Silver Economy sectors and who want to validate

article thumbnail

The NFL, the Raiders, and A Law Firm: A Tale of Two Colors

JD Supra Law

A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The law firm claims it has been using a black and silver color scheme to promote its services since its inception in 2012.

Law 52
article thumbnail

Paparazzi wins legal battle against well-known clothing brand

Olartemoure Blog

In a recent case, the District Court of California upheld the copyright of a photograph of model Irina Shayk, taken by a paparazzi. The photograph in question features Shayk wearing sweatpants designed by the brand Deadly Doll, which is protected by copyright. The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author.

article thumbnail

Console Yourself: Patent Owner Bears IPR Estoppel Burden

JD Supra Law

Addressing for the first time the standard and burden of proof for the “reasonably could have raised” requirement for inter partes review (IPR) estoppel to apply, the US Court of Appeals for the Federal Circuit concluded that a patent owner bears the burden of proving that an IPR petitioner is estopped from using invalidity grounds that a skilled searcher conducting a diligent search reasonably could have been expected to discover.

Patent 52
article thumbnail

Google to refine its searches

Likelihood of Confusion

Ever think it’s strange when you get a search result for another site (usually an on-line retailer) when you do a Google search? That may stop soon. Originally posted 2014-02-11. The post Google to refine its searches appeared first on LIKELIHOOD OF CONFUSION™.

52
article thumbnail

And All That Jazz: Trademark Used for One Service Doesn’t Permit Tacking for Others

JD Supra Law

Reversing the Trademark Trial & Appeal Board’s decision to dismiss an opposition, the US Court of Appeals for the Federal Circuit addressed the requirements for a trademark owner to employ “tacking” based on the use of a mark for one service in the context of a trademark application listing multiple services. Bertini v. Apple Inc., Case No. 21-2301 (Fed.

article thumbnail

Federal Circuit Confirms its Scrutiny of Judge Newman

Patently-O

The recent controversy at the Court of Appeals for the Federal Circuit involving Chief Judge Kimberly Moore and Judge Pauline Newman has raised concerns and garnered attention. The Court has now confirmed the rumors about Judge Moore’s actions to remove Judge Newman from an active role on the bench. According to a statement of court and two published orders, it seems that Chief Judge Moore also has the support of her fellow judges in this matter.

article thumbnail

Comparing Apple to Apple

JD Supra Law

On April 4, 2023, jazz musician Charles Bertini emerged victorious in his legal battle against the tech giant Apple Inc. To provide some background, in 2015, Apple launched a streaming service and filed for federal trademark protection of its APPLE MUSIC mark in connection with “production and distribution of sound recordings and arranging, organizing, conducting, and presenting live musical performances.”.

Music 52
article thumbnail

An Opinion on Chief Judge Moore’s Reported Unprecedented Effort to Remove Judge Newman

Patently-O

by David Hricik, Mercer Law School As has been reported by Dennis on the main page, by Gene Quinn on IP Watchdog ( here ), and by various media I am seeing, Chief Judge Moore reportedly threatened Judge Newman with a petition to remove Judge Newman as incompetent to carry out her duties unless Judge Newman agreed to take senior status. Gene points out the incongruity of Chief Judge Moore’s reported position that Judge Newman may continue to serve as a judge, though Chief Judge Moore ostens