Hugh Stephens Blog

JUNE 20, 2023

Whether the decision against Internet Archive in the U.S. will have a chilling effect on controlled digital lending practices in Canada remains to be seen. Earlier this year, a U.S. district court ruled that San Francisco–based non-profit Internet Archive (IA) infringed the copyright of four international publishing houses when it loaned unlicensed digital copies of … Continue reading "Implications of the U.S.

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Copying Publishing Copyright 246

Plagiarism Today

JUNE 20, 2023

Bad Bunny seeks dismissal of Reggaeton lawsuit, Live PD lawsuit moves forward and Nintendo Switch piracy Subreddit shuttered. The post 3 Count: Fish Market appeared first on Plagiarism Today.

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Marketing Marketing Plagiarism Music 200

Erik K Pelton

JUNE 20, 2023

Yes, identical brand names can coexist. But there are criteria that need to be met, such as existing in different industries and offering different goods and services. Erik explains more and provides examples in this video. The post When Two Identical Brand Names Coexist appeared first on Erik M Pelton & Associates, PLLC. Yes, identical brand names can coexist.

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Branding Brands Branding 130

Plagiarism Today

JUNE 20, 2023

The CCB recently celebrated its first birthday. Here's a look at what has gone right and gone wrong with the copyright small claims court. The post One Year of the Copyright Claims Board appeared first on Plagiarism Today.

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Copyright Plagiarism 200

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

Intellectual Property Law Blog

JUNE 20, 2023

This article was first published by ALM / Law.com in The Intellectual Property Strategist. All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). Unlike machine learning technology that merely classifies or predicts, generative AI creates. Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive inno

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Erik K Pelton

JUNE 20, 2023

The following is an edited transcript of my video 3 Things to Do When Rebranding We frequently work with businesses that are in the process of rebranding. Rebranding usually comes about one of two ways: Voluntarily , when a company decides that they want a refresh, they want a new brand, they’re pivoting, or they’ve decided that their old name wasn’t resonating and they’ve decided to rebrand.

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Editing Branding Brands Branding 130

43(B)log

JUNE 20, 2023

Takahashi-Mendoza v. Cooperative Regions of Organic Producer Pools, 2023 WL 3856722, No. 22-cv-05086-JST (N.D. Cal. May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. “Organic Valley’s commitment to the highest organic standards and animal care practices helps make all our food delicious and nutritious”; 2.

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Social Media False Advertising Business Advertising 122

Copyright Alliance

JUNE 20, 2023

This week we’d like to introduce you to mixed media artist Demetri Broxton. Demetri is of Creole and Filipino heritage whose work is often inspired by “his connection to the […] The post Creator Spotlight with Mixed Media Artist Demetri Broxton appeared first on Copyright Alliance.

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Copyright 107

Velocity of Content

JUNE 20, 2023

Long before ChatGPT arrived on the hype cycle, many of us were considering what artificial intelligence (AI) technology could mean for scholarly publishing – how it might change processes developed over centuries, and how publishers should react. In 2019 in an article for the European Medical Writers Association journal, I asked, will medical writers be replaced by robots?

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Publishing Technology Journalism Copyright 98

IP Law 360

JUNE 20, 2023

Ahead of the 2024 elections, brands should proactively consider tools for managing influencer campaigns, including morals clauses that can be deployed by brands for the purpose of maintaining an apolitical stance, say Matthew Savare and Bryan Sterba at Lowenstein Sandler.

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Marketing Marketing Branding Brands 98

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.

Patent

Indiana Intellectual Property Law

JUNE 20, 2023

The U.S. Patent Office issued the following 202 patents to persons and businesses in Indiana in April 2023: Patent Number Patent Title US 11634747 B2 Preservation of fetal nucleic acids in maternal plasma US 11633286 B2 Glenoid implant anchor post US 11635415 B2 Ion generation using modified wetted porous materials US 11633285 B2 Modified glenoid components and methods of installing same US 11634060 B2 Side-by-side utility vehicle US 11636946 B2 Coordinating communications among hea

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Patent Patent Application Licensing Litigation 97

JD Supra Law

JUNE 20, 2023

In a world where brand identity significantly influences consumer decisions, protecting the uniqueness of one’s product or service becomes more critical than ever. At the forefront of this issue is the concept of trademarks, distinctive signs or symbols that businesses use to distinguish their products or services from others. By: Brooks Kushman P.C.

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Trademark Branding Brands Branding 96

The IPKat

JUNE 20, 2023

In its latest judgment, LM (Demande reconventionnelle en nullité) (case C-654/21), the CJEU had the opportunity to further develop its case law on counterclaims for invalidity and revocation in response to an infringement action of an EU trade mark (see Art. 124(d) EUTMR and Art. 128 EUTMR ). Background The claimant owns EU trade mark Multiselect , registered in 2018 for goods and services in classes 9, 41, and 42, including ‘vocational guidance (education or training advice), education informat

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Art Registration Law Licensing 87

Christopher Roser

JUNE 20, 2023

“Make or buy?” is a question most companies have to ask themselves. Which parts or even products should you make yourself, and which ones should you outsource to a third-party supplier? The question itself is already difficult, but here again we run into the problem of cost accounting. If you go purely by the numbers, Read more The post Make or Buy: How Not to Do It first appeared on AllAboutLean.com.

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IP Close Up

JUNE 20, 2023

Despite the impression that AI is primarily software based and software patents are difficult to obtain and enforce, recent data about published applications – those Continue reading Data Litigation News Research Transactions Uncategorized A.I.

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Patent Application Patent Publishing Litigation 77

IP Watchdog

JUNE 20, 2023

The Special Committee of the Judicial Council of the Federal Circuit that is investigating a complaint identified against Judge Pauline Newman filed an Order today clarifying the scope of its investigation. The Order was in response to a June 15 letter from Newman’s counsel asking for clarification of the narrowed scope of the investigation and also asking that the July 13 hearing be open to the public, which the Committee refused.

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Litigation Intellectual Property IP 72

IP Law 360

JUNE 20, 2023

A patent licensing company and General Motors have agreed to a deal to end a dispute accusing the automobile company of selling cars with internet-equipped features that infringe a slew of patents.

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Patent Licensing 75

IP Watchdog

JUNE 20, 2023

As of the morning of June 20, which was the deadline for public comment on the U.S. Patent and Trademark Office’s (USPTO’s) advanced notice of proposed rulemaking (ANPRM) on Patent Trial and Appeal Board (PTAB) practices, the agency had received nearly 14,000 comments. On either side of the debate, the USPTO’s proposed “compelling merits” standard for circumventing Fintiv discretionary denials generated a great deal of feedback.

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Trademark Patent Invention Inventor 69

IP Law 360

JUNE 20, 2023

A brand management agency's lawsuit, which accuses Electronic Arts Inc. of exploiting student athletes by using their name, image and likeness in an upcoming college football video game series with no compensation, was removed to California federal court Tuesday by the video game publisher.

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Licensing Art Branding Brands 75

JD Supra Law

JUNE 20, 2023

In a recent decision, Pfizer Canada ULC v Uniqure Biopharma BV, 2023 FC 629, the Federal Court dismissed uniQure’s motion to stay Pfizer’s action to impeach uniQure’s patent pending completion of re-examination of the patent by the Canadian Patent Office.

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Patent 65

IP Law 360

JUNE 20, 2023

Samsung has persuaded the Patent Trial and Appeal Board to invalidate most of an audio device patent as part of infringement litigation where the South Korean giant is facing off against one of its former top patent attorneys.

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Patent Litigation 75

Patently-O

JUNE 20, 2023

by Dennis Crouch This essay focuses on proposed Advancing America’s Interests Act (H.R.3535) which aims to limit NPE access to the ITC by refining the economic prong of the domestic industry requirement and by adding a stronger public interest consideration prior to issuance of an exclusion order. The International Trade Commission (ITC) is a branch of the U.S. government focused on protecting domestic industry against undue foreign competition.

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Intellectual Property Licensing Confidentiality Patent 62

IP Law 360

JUNE 20, 2023

Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

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Law Business 75

JD Supra Law

JUNE 20, 2023

In CUPP Computing AS v. Trend Micro Inc., the Federal Circuit held that a disclaimer made in an inter partes review (IPR) proceeding was not binding in that proceeding, i.e., the disclaimer is not binding in the proceeding in which it is made. However, a disclaimer in an IPR proceeding is binding in later proceedings, whether before the patent office or in court.

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Patent 59

IP Law 360

JUNE 20, 2023

A Chinese drone maker failed to show that a company accusing it of infringement deceived the patent office when prosecuting its patent and can't use that argument to fight a $279 million jury loss, U.S. District Judge Alan Albright ruled Tuesday.

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Patent 74

43(B)log

JUNE 20, 2023

MacuHealth, LP v. Vision Elements, Inc., 2023 WL 3863341, No. 8:22-cv-199-VMC-JSS (M.D. Fla. Jun. 7, 2023) MacuHealth sells a nutritional supplement of the same name that is intended to maintain or improve eye health; Vision Elements is a competitor that sells Early Defense. Each capsule of MacuHealth’s product contains three active ingredients, LMZ carotenoids, and Vision Health states that Early Defense has the same active ingredients in the same amounts.

Advertising 59

Advertising Advertising Litigation False Advertising 59

IP Law 360

JUNE 20, 2023

The U.S. Supreme Court on Tuesday kicked back Disney's win in a trademark dispute with a stuffed-animal manufacturer over the "Toy Story 3" character Lotso, saying a circuit court needs to take another look at the case in light of the justices' decision earlier this month in Jack Daniel's trademark fight.

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Trademark 73

The IPKat

JUNE 20, 2023

Is it a banana ? Is it art ? Where is the tape ? If you missed last week's posts, it's not too late to catch up. Copyright Eleonora Rosati reported that the artist Maurizio Cattelan prevailed in a copyright infringement lawsuit concerning his work “Comedian”. Hayleigh Bosher focused on the latest developments in the UK Economics of Music Streaming saga.

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Music Intellectual Property Art Copyright Infringement 57

Michael Geist

JUNE 20, 2023

The Online News Act, the government’s legislative initiative to make Google and Meta pay hundreds of Canadian media companies for links to their news content, is likely to become law before politicians break for the summer later this week. In fact, despite plans for an evening debate on the bill last night, the government interrupted MP Martin Champoux in mid-speech, cut the debate short, and gave notice that it plans to limit debate altogether this week (the irony that the government is cutting

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Government Licensing Publishing Designs 53

LexBlog IP

JUNE 20, 2023

Interesting Patents | L’OREAL: Revolutionizing Makeup with a New Era of Personalized Virtual Try-Ons by Jaime Chandra The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.

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Patent Patent Application Editing Technology 52

Dear Rich IP Blog

JUNE 20, 2023

Dear Rich: I am writing a historical fantasy novel, and I want to incorporate elements from Henry Gilbert's Robin Hood (1911.) Despite the publication date, I can't tell if this book is in the US public domain. It appears to have been only published in the UK, and I've seen evidence the copyright was renewed in the 30's. I have a recent UK copy of the book, and it has no copyright notice.

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Public Domain Copyright Notice Copyright Law Publishing 52

LexBlog IP

JUNE 20, 2023

This article was first published by ALM / Law.com in The Intellectual Property Strategist. All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). Unlike machine learning technology that merely classifies or predicts, generative AI creates. Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptiv

Patent 52

Patent Invention Art Intellectual Property 52

JD Supra Law

JUNE 20, 2023

Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the takedown process.

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Registering Trademarks Branding Brands Branding 52

Patent Trademark Blog

JUNE 20, 2023

Should you go with a flat rate patent attorney? Some argue that fixed fee patents do not provide a good value. The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Yet, the same factors are at work in a traditional hourly billing arrangement. Patent lawyers may be tempted to bill more hours in working on a patent application.

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Patent Application Patent Art Designs 52

IP Watchdog

JUNE 20, 2023

Buchanan Ingersoll & Rooney has an immediate opening for a patent agent with a Ph.D. in the Biotech/Chemistry field. This position requires the ability to think critically, to quickly understand new technologies and to write well. Candidates will preferably have some patent drafting and prosecution experience. Responsibilities will include drafting patent applications and prosecution of patent applications before the U.S.

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Patent Drafting Patent Patent Application Technology 52