Plagiarism Today
MARCH 30, 2022
Asghar Farhadi is a critically acclaimed Iranian director who, among his various awards, can boast about two Academy Award-winning films under his name. He is, without a doubt, one of the biggest names in filmmaking in both Iran and the international filmmaking scene broadly. However, as per The Hollywood Reporter, he now finds himself in the middle of a high-stakes plagiarism battle.
Erik K Pelton
MARCH 30, 2022
When you register your trademark with the USPTO, you get protection in all 50 states. However, there are instances where state trademark protection may make sense. In this episode, Erik clarifies these instances. The post State vs. Federal Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. When you register your trademark with the USPTO, you get protection in all 50 states.
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Plagiarism Today
MARCH 30, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Epic Games Hit with Another Lawsuit Over Fortnite Dance Moves. First off today, Austen Goslin at Polygon reports that choreographer Kyle Hanagami has filed a lawsuit against Epic Games alleging that the video game company copied his choreography for an emote in the game Fortnite.
Michael Geist
MARCH 30, 2022
Bill C-11, the Online Streaming Act that serves as the government’s follow-up to Bill C-10, was the subject of debate in the House of Commons yesterday as the legislation slowly makes it way through the legislative process. There are still committee hearings to come, but it is readily apparent that many of the concerns that hamstrung Bill C-10 have returned: virtually limitless jurisdictional , overbroad scope , and harmful discoverability provisions.
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
MARCH 30, 2022
A few years ago piracy-related lawsuits were pretty straightforward. Copyright holders would either sue alleged file-sharers or the operators of pirate sites. More recently, we have seen a new breed of lawsuits filed on behalf of the makers of movies such as “Angel Has Fallen”, “Dallas Buyer’s Club”, “Hellboy” and “Rambo V: Last Blood” These lawsuits target VPN providers, which are generally seen as third-party intermediaries.
Technology & Marketing Law Blog
MARCH 30, 2022
This is a case initially filed by Richard Liebowitz that’s still clogging the courts, which explains why it is so transparently unmeritorious. I previously described the case: The photo at issue depicted a man in a bar named Dan Rochkind. The NY Post licensed the photo for its story, “ Why I won’t date hot women anymore.” As you can infer from the title, the vapid story bristled with sexism and possible misogyny.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IPilogue
MARCH 30, 2022
Jasmine Yu is an IPilogue Writer and a 1L JD Candidate at the University of Toronto. This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. The sixth session of the 5 th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office (“CIPO”) and the Centre for International Governance Innovation (“CIGI”), centered around I
Kashishipr
MARCH 30, 2022
It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. However, developing a unique and eye-catching mark is not an easy task. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).
IP Watchdog
MARCH 30, 2022
Name, Image, and Likeness, or “NIL,” is the buzz word spinning around college athletics. In July 2021, the National Collegiate Athletic Association (NCAA) adopted its Interim NIL Policy (“the Policy”) which allows, for the first time, student athletes to monetize their NIL rights without losing scholarships or eligibility. Fans love college sports and cheering on athletes who play for their alma mater or favorite school teams, which creates collaboration opportunities for athletes and brands ali
JD Supra Law
MARCH 30, 2022
Most lawyers are familiar with the well-known legal maxim that “ignorance of the law is no excuse.” In 6-3 opinion issued on February 24, 2022, in a copyright case, the Supreme Court nonetheless held that ignorance of the law is a valid excuse in certain circumstances.
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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.
Velocity of Content
MARCH 30, 2022
Quality data and results are the primary product of any R&D-intensive organization. What’s even more valuable is being able to find all this critical information when you need it later during development. Organizations that generate better, reproducible data, and can build on those results more efficiently, have a competitive advantage. As part of a recent webcast series designed to provide emerging R&D-intensive organizations with best practices, I had the pleasure of hosting Apri
IP Watchdog
MARCH 30, 2022
On March 28, the U.S. Commerce Department issued a strategic plan for fiscal years 2022 through 2026 designed to enhance American competitiveness through the 21st century in several critical areas of the economy, including broadband Internet and supply chain resilience. At several points throughout the Commerce Department’s strategic plan, the importance of intellectual property and the stability provided by certainty in patent rights are acknowledged as key contributors to spurring innovations
JD Supra Law
MARCH 30, 2022
The Federal Circuit addressed questions of motivation to combine and reasonable expectation of success in finding obviousness as well as when an obviousness determination by the Patent Trial and Appeal Board is supported by substantial evidence, in Almirall, LLC v. Amneal Pharmaceuticals LLC.
IP Law 360
MARCH 30, 2022
An attorney with more than 20 years of experience representing high-profile clients in the fashion industry has moved her practice from Reed Smith LLP to Holland & Knight's Miami office.
JD Supra Law
MARCH 30, 2022
Applying recent Federal Circuit precedent requiring language evincing a present conveyance of patent rights, a district court in the Western District of Pennsylvania found that the contractual language “shall become the property of” did not constitute a patent assignment and did not confer a third party the right to license the patent. Plaintiff Lambeth Magnetic Structures, LLC (LMS) filed a patent infringement lawsuit against Defendants Seagate Technology (US) Holdings, Inc. and Seagate.
Likelihood of Confusion
MARCH 30, 2022
Brands that were once considered “luxury” have taken to relying on “low-cost, high-profit items wrapped in logos.” [link] pic.twitter.com/oWAW24t7QO — THE FASHION LAW (@TheFashionLaw) April 26, 2018 If you are. The post Luxury is as luxury does appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MARCH 30, 2022
The quicker, streamlined, and less expensive method for resolving copyright infringement matters valued at under $30,000 will soon be available to copyright enforcers. Currently scheduled to begin hearing cases in Spring 2022, which may be extended into late June 2022, the Copyright Claims Board (CCB) was established by the Copyright Alternative in Small-Claims Enforcement Act passed by Congress on December 27, 2020.
IP Law 360
MARCH 30, 2022
A top Russian politician said Wednesday that the country is planning to give retailers and other businesses permission to import goods into the country outside the limits of trademark law.
IAM Magazine
MARCH 30, 2022
If compulsory licensing is used in Turkey, it is imperative that the individual requirements of each case are considered. This is especially important when it comes to facilitating access to medical treatments for covid-19.
IP Law 360
MARCH 30, 2022
A Florida federal judge on Monday trimmed antitrust and copyright claims from the owner of a large collection of Mexican and Latin American films in its suit against YouTube and its parent Google but allowed allegations of violations of the Digital Millennium Copyright Act to proceed for now.
IAM Magazine
MARCH 30, 2022
As the European Commission simultaneously pursues a standardisation strategy, new SEP framework and DG Comp guidelines, Haris Tsilikas argues that any inconsistencies or contradictions in these efforts could damage the continent’s standards leadership.
IP Law 360
MARCH 30, 2022
Opposition is mounting to a new anti-piracy bill that is being pushed by the top two members of the U.S. Senate's intellectual property subcommittee, with law professors, lobbyists and representatives for companies like Redbubble, Vimeo and Etsy telling lawmakers that the bill would give the U.S. Copyright Office "authority far beyond its competence.
LexBlog IP
MARCH 30, 2022
In my previous article I presented some data on Australian standard patent application prosecution events between 2017 and 2021. While the total number of events (examination requests, examination reports, responses and acceptances) has remained fairly consistent in recent years, the data shows that the number of examination requests filed each year has increased since 2019, but that the number of first examination reports issued remained steady in 2019 and 2020, and fell in 2021.
JD Supra Law
MARCH 30, 2022
The Russian war on Ukraine has resulted in a series of US sanctions and Russian countermeasures that have disrupted the coordination of patent and trademark rights between the United States and Russia.
LexBlog IP
MARCH 30, 2022
Earlier this month, the Russian government issued a decree stating it will use patented products from so-called “unfriendly countries” without compensating owners. The law already allows the state to authorize taking and using IP rights in cases of “emergency” or a threat to national security. But now, the government is taking this one step further by moving toward creating compulsory licenses for certain technologies.
JD Supra Law
MARCH 30, 2022
When defending a patent-infringement case, attorneys primarily focus on two avenues of defense. First, they argue that the accused product does not infringe the patent's claims. For example, the claim may require a hybrid car that has a "continuously variable transmission" (a feature available on more cars every year), but the accused hybrid car has….
LexBlog IP
MARCH 30, 2022
If you are buying real estate and getting financing from an institutional lender, you will probably be buying title insurance. The Colorado Division of Insurance has a pretty good primer on title insurance here: [link]. However, this link does not tell the whole story. Here are my thoughts to help title insurance consumers be more savvy: Many title insurance policies are practically useless.
JD Supra Law
MARCH 30, 2022
Precedential Federal Circuit Opinions - BASF PLANT SCIENCE, LP. v. COMMONWEALTH SCIENTIFIC[OPINION] (2020-1415, 2020-1416, 2020-1919, 2020-1920, 3/15/2022) (NEWMAN, TARANTO, and CHEN) - Taranto, J. The Court considered a variety of appeals and cross appeals in a case involving six patents concerning “the engineering of plants, particularly canola, to produce specified oils not native to the plants.”.
LexBlog IP
MARCH 30, 2022
The emergence of legalized sports gambling in more than half the states across the country appears destined to coincide with the rise of competitive video gaming or “esports”—a wildly popular sphere within the entertainment industry now facing increasing regulatory scrutiny. In 2022, close to 500 million people worldwide are expected to consume esports content and the industry is forecasted to generate between one to two billion dollars in global revenue.
IP Law 360
MARCH 30, 2022
Stroock & Stroock & Lavan LLP has announced that it hired a New York-based patent litigation attorney with more than 25 years experience with Arnold & Porter as an intellectual property partner and patent litigation group co-chair.
LexBlog IP
MARCH 30, 2022
CIPLA – New Haven, Connecticut: March 30, 2022. Slides: CIPLA NFT final. ARTISTIC RELEVANCE DECISIONS. Trademark Reporter surveying artistic relevance/ Rogers decisions. TrademarkBlog links to Rogers test decisions. INTA Amicus brief in Bad Spaniels Bad Spaniels -Amicus-Curiae-Brief-of-the-International-Trademark-Association-in-Support-of-Petitioner Bad Spaniels -Amicus-Curiae-Brief-of-the-International-Trademark-Association-in-Support-of-Petitioner.
JD Supra Law
MARCH 30, 2022
Since July 1, 2021, it’s been a wild, evolving patchwork quilt of state law regulations (or lack of), institutional policies (or lack of), and team and individual deals since the NCAA rescinded its long-held prohibition on student athletes cashing in on their name, image and likeness. Join Erin Butcher, Jeff Knight, Kasey Nielsen and Joe Hall as they overview these changes and deals and what we can expect in the future.
JIPEL Copyright Blog
MARCH 30, 2022
New York City’s restaurant industry is a bedrock of this city’s cultural, social, and economic capital. However, the relationship between this industry and its customer-base is increasingly mediated by out-of-state, third-party companies: delivery apps. The Covid-19 pandemic has led restaurants to depend heavily on these third-party delivery apps, which employ exploitative business practices in their dealings with restaurants and workers.
JD Supra Law
MARCH 30, 2022
The preceding 12 months have brought us a plethora of judgments that will affect the uniform interpretation of EU legal instruments related to intellectual property, technology and data protection. Following an upbeat concept arising from the massive interest and welcome of last year's summary reviewing the CJEU decisions ranked by relevance and impact on law and, above all, on business – once again we have selected the top 10 IP&T cases of the previous year - this time 2021.
LexBlog IP
MARCH 30, 2022
The war in Ukraine has led to Europe’s worst refugee crisis since World War II; more than 3 1/2 million civilians have already been displaced, and some observers expect the number to reach five million as the war continues to unfold. There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financia
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