Hugh Stephens Blog
SEPTEMBER 19, 2023
On August 4, 2023, India’s Cinematograph (Amendment) Bill, 2023, received Presidential assent and became the law of the land. Enactment marked the culmination of a decades-long process to update the country’s anti-piracy laws by cracking down on camcording in theatres and imposing significant penalties for distribution of illegally recorded films.
Plagiarism Today
SEPTEMBER 19, 2023
Publishers sue LibGen, Danish BitTorrent user gets a suspended prison sentence and charity soccer match restored on YouTube. The post 3 Count: Suing Genesis appeared first on Plagiarism Today.
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Erik K Pelton
SEPTEMBER 19, 2023
Erik shares trademark industry-specific terminology in this video, and discusses the advantages to working with an experienced attorney who understands the nuances of the trademark language. The post Key Trademark Terminology appeared first on Erik M Pelton & Associates, PLLC. Erik shares trademark industry-specific terminology in this video, and discusses the advantages to working with an experienced attorney who understands the nuances of the trademark language.
Plagiarism Today
SEPTEMBER 19, 2023
Columbo may be best known for his awkward demeanor and wrinkled raincoat, but that doesn't stop him from dealing with plagiarism. Twice. The post Plagiarism in Pop Culture: Columbo (Part 1) 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?
TorrentFreak
SEPTEMBER 19, 2023
During the summer of 2003, Swedish pro-culture organization Piratbyrån was making a name for itself; sharing news and educating people on how they could share media online. What the group’s members didn’t realize at the time, is that the plans they made would create a ripple effect that still has an impact decades later. Like many other people mesmerized by the unbridled ability to share files over the Internet, the new BitTorrent protocol caught Piratbyrån’s eye.
Kluwer Copyright Blog
SEPTEMBER 19, 2023
Photo by Kelly Sikkema via Unsplash With the Court of Justice of the EU (CJEU) restarting its activities after the vacation break, we look back to one of the late-summer judgement, standing out for its technical, yet impactful character. In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
SEPTEMBER 19, 2023
Clarity, transparency and integrity were themes consistently referenced by U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal during a lunchtime fireside chat with IPWatchdog Founder and CEO Gene Quinn on Day 3 of IPWatchdog LIVE 2023. Throughout the discussion, which ran the gamut from the agency’s current rulemaking to potential issues with emerging technologies, Director Vidal strongly encouraged public participation from stakeholders to improve the functioning of the nation’s pate
SpicyIP
SEPTEMBER 19, 2023
Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain.
Indiana Intellectual Property Law
SEPTEMBER 19, 2023
Kalida, Ohio – The Plaintiff, UNVERFERTH MFG. CO., INC. , filed suit against Silver Lake, Indiana company , PAR-KAN CO., LLC for patent infringemen t under U.S. Patent Laws, 35 U.S.C. §§ 271 , 281 , 283 , 284 , and 285. According to the complaint, Unverferth manufactures, uses, and sells seed tender products protected by legally issued U.S. Patent No. 8,967,940 (“the ’940 patent”) and U.S.
The Illusion of More
SEPTEMBER 19, 2023
As many readers already know, another class-action lawsuit was filed on September 8 against OpenAI by book authors Michael Chabon, David Henry Hwang, Matthew Klam, Rachel Louise Snyder, and Ayelet Waldman on behalf of all authors similarly situated. The allegations are almost identical to the complaints in other class-action suits against various AI companies.
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Likelihood of Confusion
SEPTEMBER 19, 2023
Originally published December 9, 2009. Now a heartwarming tradition of bloggy goodness. Instapundit links to this item about the incredible shrinking Charlie Brown specials — warmly-remembered favorite scenes from the. The post Best of LIKELIHOOD OF CONFUSION®: Nuts to us? Or a “real” Charlie Brown Christmas? (Archive post) appeared first on LIKELIHOOD OF CONFUSION™.
Christopher Roser
SEPTEMBER 19, 2023
A key part of managing your shop floor is understanding the current state of the shop floor. And KPIs are an important part of understanding the shop floor. But this is also not always easy. In my experience, the three most common pitfalls are to underestimate the effort (and hence the cost) of measuring a. Read more The post Dos and Do Nots for KPIs first appeared on AllAboutLean.com.
Legal Zoom
SEPTEMBER 19, 2023
A series LLC allows business owners to consolidate multiple business activities under one umbrella LLC, while keeping those activities separate for liability purposes. Find out how to create a series LLC and establish series under it.
IP and Legal Filings
SEPTEMBER 19, 2023
Introduction To be eligible for registration in India, a trademark must be distinctive and not confusingly similar to any existing trademarks: it must also not be deceptive or misleading, or contrary to public policy or morality Once a trademark is registered, the owner has the exclusive night to use the mark in relation to the goods or services for which it is registered.
The IPKat
SEPTEMBER 19, 2023
Determining the competent court for trade mark and design infringement proceedings in the EU is rather straightforward if there is only one defendant. Art. 125 EUTMR and Art. 82 CDR provide a jurisdiction cascade (explained here ) depending on where the defendant and plaintiff are based. If there are several defendants, which are domiciled in different EU Member States, the question whether they can be sued before the same court is answered by Art. 8(1) Brussels I recast : A person domiciled in
JD Supra Law
SEPTEMBER 19, 2023
Organizations developing or using generative AI tools should implement cross-functional governance frameworks to develop and continuously monitor their use of such tools. From the earliest stages of generative AI use, organizations should assess the data protection, cybersecurity and intellectual property risks, particularly in relation to any training data used by the generative AI tool.
IP Law 360
SEPTEMBER 19, 2023
Comics creator Bill Willingham couldn't stand working with DC Comics any longer, so he released copyrights for one of his popular series into the public domain, a move that legal experts say is highly unorthodox but not surprising, given that publishers increasingly expect creators to relinquish their intellectual property rights.
JD Supra Law
SEPTEMBER 19, 2023
Beginning November 1, 2023, notices from the European Patent Office (EPO) will have a response period that is computed from the date noted on the communication. This represents a change in EPO procedures. Currently, EPO communications are deemed to be received by the addressee 10 days after the date marked on the communication, providing for an additional 10 days to respond to such communication.
Herbert Smith Freehills
SEPTEMBER 19, 2023
Leading international law firm Herbert Smith Freehills is celebrating the 20th anniversary of its Shanghai office, and the success of its Joint Operation in the city with Kewei Law Firm. 全球领先的律师事务所史密夫斐尔庆祝上海代表处成立20周年，以及科伟史密夫斐尔联营办公室迈向第五年。 "Shanghai has always connected China to the world, so we're proud to celebrate this anniversary with our people and clients," said Nanda Lau , the firm's Head of Beijing and Shanghai.
JD Supra Law
SEPTEMBER 19, 2023
On Sept. 14, 2023, the U.S. District Court for the District of Delaware denied defendant Parse Biosciences Inc.’s (Parse) motion to dismiss a complaint filed by plaintiffs 10x Genomics Inc. (10x) and the Board of Trustees of Leland Stanford Junior University (Stanford) asserting willful infringement of six patents covering technologies in the field of genomics.
LexBlog IP
SEPTEMBER 19, 2023
As OG+S’s attorney licensed in Minnesota and on the heels of last week’s post about the FTC proposed rule related to non-compete clauses , I figured I should cover recent changes in Minnesota law related to non-compete agreements. If you are looking for some helpful context about non-competes, Collin’s post provides helpful context.
JD Supra Law
SEPTEMBER 19, 2023
[Want to listen to this episode on Apple Podcasts, Spotify, or Amazon? Use these links to do so: [link] [link] [link] In this episode, Wayne Pollock joins Jordan Ostroff on his podcast, Exhibit (A)ttorney, to discuss content creation in the era of AI. Here are the original show notes from the Exhibit.
IP Law 360
SEPTEMBER 19, 2023
A former Hogan Lovells associate has rejoined the international firm in Miami as a commercial litigation and intellectual property partner after more than four years practicing at Pryor Cashman LLP.
JD Supra Law
SEPTEMBER 19, 2023
Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal Nos. 2021-2299, -2338 (Fed. Cir. Sept. 15, 2023) - In a decade-old case that has raised a number of issues relating to design patents over two separate appeals, the Federal Circuit addressed a matter of first impression concerning the scope of prior art relevant to an infringement analysis.
LexBlog IP
SEPTEMBER 19, 2023
On September 6, 2023, California Governor Gavin Newsom signed Executive Order N-12-23 (the “Executive Order”) relating to the use of generative artificial intelligence (“GenAI”) by the State, as well as preparation of certain reports assessing the equitable use of GenAI in the public sector. The Executive Order instructs State agencies to look into the potential risks inherent with the use of GenAI and creates a blueprint for public sector implementation of GenAI tools in
JD Supra Law
SEPTEMBER 19, 2023
On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC – aims to provide a high level view of the key aspects of the UPC system, compare them to patent litigation in the U.S., and consider their implications on U.S.
LexBlog IP
SEPTEMBER 19, 2023
The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a consolidated complaint alleging that certain restrictive covenants contained in offer letters and policies in an employee handbook violated the National Labor Relations Act.
JD Supra Law
SEPTEMBER 19, 2023
Today marks the kickoff of the Biotech Week Boston event series, and for the rest of the week our As Prescribed blog will feature posts exclusively from our Boston life sciences lawyers. Local partners Michael Barron, Laurie Burlingame, and Stephen Altieri will be blogging from the capital of the commonwealth, where they are expressly positioned to advise biotech companies at all phases of their lifecycles, as well as the entities that invest in them.
Trading Secrets
SEPTEMBER 19, 2023
The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a consolidated complaint alleging that certain restrictive covenants contained in offer letters and policies in an employee handbook violated the National Labor Relations Act.
JD Supra Law
SEPTEMBER 19, 2023
Choose your trade dress carefully, if the design as a whole has any function, your trade dress may be invalid. On September 7, 2023, the Third Circuit held that a candy’s trade dress consisting of a wedge shape with red, white, and green colors was functional because the combination of the candy’s shape and colors passed the “low” bar for functionality by identifying the candy as watermelon flavored.
IP Watchdog
SEPTEMBER 19, 2023
The general consensus of attendees at a panel held during IPWatchdog LIVE 2023, day two, is that the Patent Trial and Appeal Board (PTAB) will never be eliminated. Open questions remain, however, on the effectiveness of PTAB reforms recently proposed by the U.S. Patent and Trademark Office (USPTO). Those rule changes, and similar legislative efforts in Congress, were the subject of “Dissecting PTAB Rulemaking & Legislation: Will it Make Things Any Better?
IP Law 360
SEPTEMBER 19, 2023
Kilpatrick Townsend & Stockton LLP has hired a trademark, false advertising and class action litigation expert as a partner in its New York office.
The TTABlog
SEPTEMBER 19, 2023
The Board upheld a Section 2(e)(2) refusal to register the mark AUSTRALIAN BOTANICAL SOAP in the stylized form shown below, for body soaps and various other Class 3 products [SOAP disclaimed], finding that the proposed mark is primarily geographically descriptive of the goods. Applicant claimed acquired distinctiveness based on several years of use in the United States and sales representing some 17 million bars of soap, but the Board found the evidence insufficient.
Herbert Smith Freehills
SEPTEMBER 19, 2023
Phoenix Venture Holdings Phoenix Venture Holdings, various other companies in the MG Rover group, and present and former directors and officers of companies in the MG Rover group as part of the ongoing investigation by the UK Department for Business, Enterprise and Regulatory Reform (now the Department for Business, Innovation and Skills) into the collapse of the car company in early 2005 Services: Directors' Liability Client Name: Phoenix Venture Holdings
LexBlog IP
SEPTEMBER 19, 2023
At the USPTO, the Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series will hold its next meeting virtually and in person at the USPTO headquarters in Alexandria, Virginia on Wednesday, September 27, from 10:30 a.m. to 4 p.m ET. During the meeting, presenters from the USPTO and other federal agencies and panels with diverse stakeholders from academia, industry, and law firms will explore various IP policy issues with respect to AI tools and data.
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