Hugh Stephens Blog
FEBRUARY 22, 2024
Screen Australia Drama Report At a time when streaming services (also referred to as subscription video on demand, or SVOD) are growing internationally at a frenzied pace, various countries are pondering how to deal with this phenomenon, particularly when it comes to local production.
Plagiarism Today
FEBRUARY 22, 2024
A $1 billion judgment against Cox was recently vacated. However, it's not a full victory for the ISP nor a full defeat for the music industry. The post Why Cox’s $1 Billion Victory May Not Matter appeared first on Plagiarism Today.
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Michael Geist
FEBRUARY 22, 2024
Digital policy has been the source of seemingly never-ending frustration for years in Canada. The government chose to prioritize two flawed bills on online streaming and online news, both of which sparked considerable opposition, lengthy delays, and ultimately delivered few actual benefits ( Bill C-11 faces at least another year of hearings at the CRTC, Bill C-18 is a disaster that has left many media companies worse off).
Plagiarism Today
FEBRUARY 22, 2024
Supreme Court hears statute of limitations case, Nickelback wins appeal over Rockstar and Build-A-Bear sued over new toy. The post 3 Count: Rockstar Teddy Bear appeared first on Plagiarism Today.
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?
IP Watchdog
FEBRUARY 22, 2024
A bipartisan group of 28 members of congress, including Senate IP Subcommittee Chair Chris Coons (D-DE), Ranking Member Thom Tillis (R-NC) and House IP Subcommittee Chair Darrell Issa (R-CA), sent a letter yesterday to President Biden urging the administration to reconsider its December proposal to allow agencies to consider pricing in deciding whether and when to “march in” on patent rights.
JD Supra Law
FEBRUARY 22, 2024
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity Pebbles Colors Ruled Not Distinctive - Post Foods lost its appeal for a color mark for its Fruity Pebbles breakfast cereal in a ruling that illustrates why distinctiveness is a critical hurdle to clear when seeking a trademark registration on a color.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
FEBRUARY 22, 2024
AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention?
Technology & Marketing Law Blog
FEBRUARY 22, 2024
As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. Then, about a dozen years ago, the rightsowners coerced Internet access providers to adopt the “ Copyright Alert System ,” which treated rightsowners as trusted flaggers (whether or not they deserved that status) and required Internet access providers to deploy a “
JD Supra Law
FEBRUARY 22, 2024
The Mechanical Licensing Collective (“MLC”) was created to make paying songwriters and publishers easier. Just as performance rights organizations issue blanket licenses to music users (radio stations, television, venues, etc.) and then collect and distribute performance royalties to their members, the MLC issues blanket licenses to streaming and download services (collectively, digital service providers or “DSPs”) and then collects and distributes mechanical royalties to its members.
TorrentFreak
FEBRUARY 22, 2024
The action in Canada this week is being described as the second phase of an operation that began last year. Events were triggered when rightsholders led by Bell Media filed a criminal complaint against pirate IPTV service, Arubox TV. Following an investigation by the Quebec Provincial Police, in 2023 the Office of Criminal Assets Recovery and Money Laundering carried out five searches; a condo in Laval and premises in Saint-Eustache and Brownsburg-Chatham were among the targets.
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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.
IP Law 360
FEBRUARY 22, 2024
The Patent Trial and Appeal Board has found that Apple has shown that most claims it challenged of two Masimo Corp. blood oxygen monitor patents are invalid, in the latest rulings in the wide-ranging patent dispute between the companies over the Apple Watch.
JD Supra Law
FEBRUARY 22, 2024
At the 2024 SCCE European Compliance & Ethics Institute, Segev Shani, Chief Compliance & Regulatory Officer at Neopharm Group will be leading the session “Corporate Use of Third-Party Artificial Intelligence (AI) Tools.” In this podcast he shares that a great deal of risk comes from the headlong pursuit of AI technology. Businesses believe that if they are not using Ai that they will be left behind, but the adoption rate is not being matched with a complete understanding of what AI is.
IP Law 360
FEBRUARY 22, 2024
The $150 million defamation battle between former Greenberg Traurig LLP attorney Allan Kassenoff and the social media influencer he accuses of lying about his nightmarish divorce has entered a new phase as Kassenoff has filed a slimmed-down complaint after the previous one was dismissed for being "far longer than it needs to be.
Copyright Alliance
FEBRUARY 22, 2024
Kicking off the new year, the Copyright Alliance and Music Law Pro co-hosted Music Royalties 101 to help music creators navigate the various revenue streams to ensure proper collection of […] The post Music Royalties 101: Your Music Questions Answered appeared first on Copyright Alliance.
Managing IP
FEBRUARY 22, 2024
The winners of the awards will be revealed at a gala dinner in New York City on April 25
JD Supra Law
FEBRUARY 22, 2024
The protection of works created from the human intellect, under the legislations that have adopted a droit d’auter system, is centered on the relationship existing between the individual who created the work, and the piece that constitutes the protected work.
43(B)log
FEBRUARY 22, 2024
Valiente v. Simpson Imports, Ltd., No. 23-cv-02214-AMO (N.D. Cal. Feb. 20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. (Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” San Marzano tomatoes grown in the United States do not have the D.O.P. designation but are labeled “San Marzano style” or “San Marzano” without the D.O.P designation.
JD Supra Law
FEBRUARY 22, 2024
On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’ actions. In a highly anticipated decision for internet service providers (ISPs) and content owners, the Fourth Circuit, in Sony Music Entertainment v.
Patently-O
FEBRUARY 22, 2024
by Dennis Crouch and Timothy Knight On February 21, 2024, the Supreme Court heard oral arguments in the case of Warner Chappell Music v. Nealy , which deals with a circuit split over the availability of back-damages in copyright infringement cases. Specifically, the Court is examining whether copyright plaintiffs are barred from recovering damages for acts of infringement that occurred more than three years before filing suit, even if the claims are timely under the “discovery rule.
JD Supra Law
FEBRUARY 22, 2024
Dear in-house Legal colleagues: Your Marketing teams are using rogue Generative Artificial Intelligence (GenAI) Tools. It’s not everyone in Marketing, but it’s not no one.
IP Watchdog
FEBRUARY 22, 2024
As artificial intelligence (AI) systems become increasingly sophisticated and play a greater role in our society, questions surrounding patentability and inventorship have come to the forefront of intellectual property discourse. This is particularly so in the wake of Thaler v. Vidal, 43 F. 4th 1207, 1213 (Fed. Cir. 2022), cert denied, 143 S. Ct. 1783 (2023), in which the Federal Circuit held that “only a natural person can be an inventor, so AI cannot be.
JD Supra Law
FEBRUARY 22, 2024
Genentech announced on February 16, 2024, that the U.S. Food and Drug Administration (FDA) approved XOLAIR (omalizumab) for the reduction of allergic reactions, including anaphylaxis, that may occur with accidental exposure to one or more foods in adult and pediatric patients aged 1 year and older with Immunoglobulin E (IgE)-mediated food allergy.
IP Law 360
FEBRUARY 22, 2024
Mastercard has been stonewalling digital wallet startup OV Loop, refusing to provide needed tokens and thereby excluding OV Loop from the mobile payment services market, all part of Mastercard's effort to maintain its chokehold on payment processing and continue to charge supracompetitive fees on transactions, according to a suit filed Wednesday.
JD Supra Law
FEBRUARY 22, 2024
A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Watchdog
FEBRUARY 22, 2024
It was an average week all around with 31 new patent filings at the Patent Trial and Appeal Board (PTAB) – all inter partes reviews (IPRs) – and 67 new filings in district court. The bulk of this week’s new PTAB filings (a total of 19) were petitions challenging patents owned and asserted by Entropic Communications LLC [associated with SoftBank Group Corp.
JD Supra Law
FEBRUARY 22, 2024
Design Patent Trends at the ITC - The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such investigations were concluded. And of those 356 investigations, 187 cases proceeded to Final Determination. The Commission found a violation and issued Remedial orders in 112 of the 187 cases.
Corsearch
FEBRUARY 22, 2024
Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. So, what’s the secret to protecting it? We explore in this article. What is trademark infringement? Let’s start with the basics; what is trademark infringement?
JD Supra Law
FEBRUARY 22, 2024
The World Intellectual Property Organization's 2023 report highlights a significant global increase in patent application filings across a wide spectrum of technologies, signaling an enduring commitment to fostering innovation and technological advancement worldwide.
Cogency Global
FEBRUARY 22, 2024
What this is : The Delaware Secretary of State is so efficient that you can frequently obtain required supporting documents for due diligence checklists, legal opinions and opening bank accounts on a same-day basis, often within an hour. However, there are certain situations where you may not be able to get what you need on a rush basis. What this means : Anyone hoping to obtain an expedited Delaware Certificate of Good Standing should check whether there are filings pending that may cause a del
JD Supra Law
FEBRUARY 22, 2024
Before rolling out a new artificial intelligence (AI) tool to customers or using one internally for other business purposes, prudent vendors will look to their form agreements related to the underlying AI technology to confirm whether their legal terms are sufficient. Here, we briefly discuss some common terms in tech contracts that vendors may consider adjusting based on their use of AI.
Texas Intellectual Property Law Blog
FEBRUARY 22, 2024
Ready, set, launch. Now what? Does your business plan for the moon and back include policies and procedures for protecting your intellectual property (IP)? It better. The competition is only heating up. Are you wanting to protect your IP or leverage your innovation and technology? Whether you decide to keep it exclusive to yourself or commercialize it, you need a plan.
JD Supra Law
FEBRUARY 22, 2024
In our PTAB Spotlight Series, attorneys will share their valuable insights on PTAB practice today, the challenges and opportunities clients face, and the trends practitioners should follow. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
FEBRUARY 22, 2024
The Patent Trial and Appeal Board's new Delegated Rehearing Panel has found that a petition by DraftKings challenging a patent owned by rival Colossus Bets was wrongly denied, because the original panel misinterpreted a term in the patent.
JD Supra Law
FEBRUARY 22, 2024
We may be embarking on the end of the infamous transfer portal hold that restricts college-athletes from immediate competition after switching schools. In an age of increasing athlete autonomy, this ruling could impose a ripple effect on the hotly debated issue of college-athlete compensation.
IP Law 360
FEBRUARY 22, 2024
A New York federal judge ruled Wednesday that Carnegie Institute of Washington and its bankrupt former patent licensee M7D Corp. are jointly and severally liable for paying Fenix Diamond LLC's attorney fees and nontaxable expenses for pursuing their "objectively unreasonable" infringement suit for years.
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