IP Watchdog

OCTOBER 9, 2023

California is poised to become the third state to enact a right to repair law aimed at making it easier for independent repair shops and consumers to repair electronic devices. This might sound well and good—until you think about what it actually means for IP owners. While repair advocates may not care about, or even acknowledge, the IP side of the equation, the not-so-hidden truth of the right to repair movement is that it expands repair opportunities for consumers by taking away the rights of

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IP Law Copyright Patent 131

The IPKat

OCTOBER 9, 2023

Not too long ago, the German Supreme Court held in Kühlergrill (I ZR 61/18, discussed here ) that the sale of the following radiator grille for an Audi A6 infringed Audi’s rights to its figurative trade mark consisting of four interlocking rings. The ring-shaped device is for mounting the original Audi logo. The Supreme Court found that the shape of the mounting device created a likelihood of confusion.

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Art Trademark Designs Design 130

Patently-O

OCTOBER 9, 2023

I was reading through a recent trial transcript and enjoyed the following historical introduction to the jury system offered by Judge Gilstrap. He was talking to the potential jurors as voir dire was just about to begin. — Dennis = = = We are engaged or about to be engaged this morning in the selection of a jury in the civil case involving allegations of patent infringement.

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Patent Infringement Patent Ownership Copying 119

The IPKat

OCTOBER 9, 2023

Earlier today, the Council has approved the new Regulation on geographical indication (GI) protection for craft and industrial products, also known as non-agri GIs. The adopted text, discussed by The IPKat here and here , is available at this link. The Regulation introduces an EU-wide system of GI protection for products such as cutlery or ceramics, a system that will be managed by the European Union Intellectual Property Office (EUIPO).

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Registration Journalism Intellectual Property Publishing 122

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

TorrentFreak

OCTOBER 9, 2023

Over the past 18 years, we’ve seen our fair share of piracy studies and research, but a finding presented this week ‘obviously’ stands out. Piracy research firm MUSO looked into the link between movie piracy volume and box office revenues. With piracy data on hundreds of films, the UK firm sits on a research goldmine. The company decided to put this to work by calculating the correlation between movie piracy and box office attendance.

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Copyright 113

IP Watchdog

OCTOBER 9, 2023

This week in Washington IP news, Congress is wrapping up a district work period, but there are still a handful of interesting IP-related events. The U.S. Patent and Trademark Office (USPTO) recognizes the contributions of Hispanic Americans to the U.S. economy and innovation system. Elsewhere, the Brookings Institution compares and discusses the competing visions of the United States, the European Union, and China regarding international norms.

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IP Marketing Marketing Trademark 105

TorrentFreak

OCTOBER 9, 2023

Back in August, users of Reddit and similar platforms lamented the sudden disappearance of two music piracy platforms. Somewhat predictably, Jpopmix.com specialized in J-pop, a form of Japanese popular music that first gained popularity in the 1990s. Kpoptap, a sister site almost identical in appearance to Jpopmix, specialized in South Korean K-pop.

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Music Marketing Marketing Copying 98

Indiana Intellectual Property Law

OCTOBER 9, 2023

Feasterville, Pennsylvania – Plaintiff Joe Hand Promotions, Inc. is suing Lawrenceburg, Indiana Defendants Shift Restaurant and Bar , Matt Euson, and Nicholas Roberts for allegedly committing “ Cable Piracy ” and “ Satellite Piracy ” as is defined in the Communications Act of 1934 ( 47 U.S.C. § 553 and U.S.C. § 605 ). According to the complaint, Joe Hand Promotions is a company specializing in the licensing and distribution of premier sporting events to commercial establishments.

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Television Licensing Intellectual Property Law Law 98

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

The advancement of technology has brought sweeping changes to the broadcasting industry. The increase in internet penetration and demand for on-the-spot entertainment have allowed the Over the Top (OTT) broadcasting industry to prosper. When audio or video content is streamed directly through the internet, it is said to have been broadcast over the top.

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Cease and Desist Licensing Intellectual Property Copyright 85

JD Supra Law

OCTOBER 9, 2023

Employers take note: a series of recent developments could impact employment agreements across the country. SB 699: A New Addition to California Non-Compete Law- Under California Business and Professions Code Section 16600, and subject to specified statutory exceptions, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.

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Contracts Business Law 84

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

43(B)log

OCTOBER 9, 2023

Deetsch v. Lei, 2023 WL 6373073, No. 22-cv-1166-RSH-BLM (S.D. Cal. Jul. 21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.

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Advertising Advertising Branding Brands 72

JD Supra Law

OCTOBER 9, 2023

Today, the Supreme Court of the United States granted certiorari in 12 cases: Moody v. NetChoice, LLC, No. 22-277: This case involves a First Amendment challenge to a Florida statute that restricts certain social media companies from removing content based on the user’s viewpoint.

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Social Media 79

The IPKat

OCTOBER 9, 2023

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. Here’s what Caroline writes: An insight into international law-making: Third Special session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications of WIPO by Caroline Theunis Between 2 and 6 October 2023, delegates of 104 Member States, 6 IGOs and 17 NGOs convened at the World Intellectual Property Org

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Designs Design Law Trademark 70

SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier , CGPDTM has invited comments from the interested stakeholders by October 15, 2023. The relevant links to the present manuals and guidelines are given below:- Patent Manuals Guidelines for Examination of Computer-Related Inventions, 2017 Guidelines for Exa

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Patent Application Invention Designs Design 69

JD Supra Law

OCTOBER 9, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § 101.

Patent 68

Patent 68

The IPKat

OCTOBER 9, 2023

Here is your weekly portion of new IP-related conferences, events and opportunities, listed by the IPKat team. Photo: Anna Derzhina Conferences and events History of copyright The University of Glasgow’s Advanced Research Centre will host a conference on copyright history, which will also be a celebration of fifteen years of Primary Sources on Copyright (1450-1900 ), the digital archive edited by Lionel Bently and Martin Kretschmer.

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Intellectual Property Editing IP Copyright 67

JD Supra Law

OCTOBER 9, 2023

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find innovative ways to capitalize on the marketing and sales efforts of hardworking brand owners.

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Branding Brands Branding Marketing 65

The IPKat

OCTOBER 9, 2023

Amsterdam Kat The IPKat has learned that on, 22-24 January 2023, the Pharma and Biotech Patent Litigation Summit will return to the Anantara Grand Hotel Krasnapolsky in Amsterdam (Netherlands). A UPC Litigation Forum will take place on 22 January too. This 3-day conference promises to offer 200+ private practice and in-house participants a forum of practical discussions surrounding the leading patent litigation topics in Europe, with a compare-and-contrast method with jurisdictions further afiel

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Litigation Patent Editing IP 62

JD Supra Law

OCTOBER 9, 2023

The Major League Baseball (MLB) Postseason is underway, and the World Series will start on October 27, 2023. Your station may want to conduct promotions that are tied to the baseball championships. These promotions can be successful but can also present serious legal issues if MLB’s intellectual property rights are not respected.

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Intellectual Property 65

SpicyIP

OCTOBER 9, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week A Deeper Look into the Humans of Bombay and People of India Fiasco Image from here Humans of Bombay v. People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post.

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Social Media IP Government Copyright 59

JD Supra Law

OCTOBER 9, 2023

The Patent Trial and Appeal Board held that service of a bare complaint without exhibits did not trigger the one-year time bar under 35 U.S.C. § 315(b), which requires the filing of a petition for inter partes review within one year after being served with a district court complaint alleging patent infringement. Although the petitioner’s request for an inter partes review was more than one year after the dates of service, the Board found it was not untimely.

Patent Infringement 65

Patent Infringement Patent 65

WIPO Magazine

OCTOBER 9, 2023

As the value of intangible assets rises, brands can inspire meaningful connections with a broader range of consumers and boost business growth by introducing diversity, inclusion and equity into their advertising campaigns.

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Intellectual Property Advertising Advertising Branding 52

JD Supra Law

OCTOBER 9, 2023

The USPTO published a Notice of Proposed Rulemaking (NPR) on Friday proposing new rules governing pre-issuance internal circulation and review of decisions within the PTAB. 88 Fed. Reg. 69578-69583 (Oct. 6, 2023). The Office also released a new standard operating procedure (SOP 4) providing specific procedures for pre- and post-issuance optional decision review.

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LexBlog IP

OCTOBER 9, 2023

Can trademarks and sports mix? To address this question, I wanted to dive in with several case studies: GREEN BAY PACKERS: Trademark. Of course, this Cheesehead cannot help but talk about the Green Bay Packers! The Packers’ notable trademark is it’s original one where it claims the services of “entertainment services in the form of professional football games and exhibitions.” In other words, football fans have come to know that the Packers specifically are playing footba

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Trademark Blogging Music Intellectual Property 52

JD Supra Law

OCTOBER 9, 2023

The Patent Trial and Appeal Board (“PTAB”) recently published a revised PTAB Oral Hearing Guide (August 2023) updating prior guidance on hearings. The revised Guide includes changes to: 1. Remote participation in PTAB Proceedings; 2. Public requests to view PTAB Hearings; 3. Submitting demonstratives for ex parte and reexamination proceedings; and 4.

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Publishing Patent 65

IP Law 360

OCTOBER 9, 2023

A European Parliament committee has floated significant amendments to the bloc's controversial proposed regulation for essential patents in a draft opinion that experts say addresses some of the key concerns patent owners had with the would-be law.

Patent 52

Patent Law 52

JD Supra Law

OCTOBER 9, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g).

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Invention Patent 65

Velocity of Content

OCTOBER 9, 2023

From Large Language Models (LLMs) to other research-based applications, AI technologies rely on millions of books, scholarly journals, and other curated publications. Responsibly using these works is a foundational part of the discussion. On Thursday, October 12, 2023, 1000 EDT/1500 BST/1600 CEST, CCC presents a Town Hall special program on LinkedIn Live, “AI, Licensing & The Path Forward.

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Licensing Fair Use Journalism Copyright Law 52

JD Supra Law

OCTOBER 9, 2023

On September 25, 2023, Judge Jessica Clarke (S.D.N.Y.) granted third party Compound Lab, Inc.'s ("Compound Labs”) motion to intervene in a patent infringement action filed by True Return Systems LLC (“True Return”) against Compound Protocol (“the Protocol”). Compound Labs is the software company that developed the Protocol and implemented it on the Ethereum blockchain.

Patent Infringement 62

Patent Infringement Patent 62

Likelihood of Confusion

OCTOBER 9, 2023

StationStops reports that the MTA has backed off at least part of its obnoxious “IP enforcement program” and undone some of the damage the agency caused between the company and. The post Light at the end of the tunnel appeared first on LIKELIHOOD OF CONFUSION™.

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Reporting IP Fair Use Branding 52

LexBlog IP

OCTOBER 9, 2023

On October 26, 2023, from 11:45 – 5:30 p.m. the IPLAC and the Symposium Committee Leaders, including Julie Langdon of Vedder Price and Dunstan Barnes of McAndrews, Held & Malloy are hosting a series of panels where you will hear directly from Judges and thought leaders about current intellectual property topics and trends. Featured Panels will be with: In-House Panel (12:00 – 1:00 p.m.

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Intellectual Property IP Trademark Copyright 52

Chicago IP

OCTOBER 9, 2023

On October 26, 2023, from 11:45 – 5:30 p.m. the IPLAC and the Symposium Committee Leaders, including Julie Langdon of Vedder Price and Dunstan Barnes of McAndrews, Held & Malloy are hosting a series of panels where you will hear directly from Judges and thought leaders about current intellectual property topics and trends. Featured Panels will be with: In-House Panel (12:00 – 1:00 p.m.

Intellectual Property 52

Intellectual Property IP Trademark Copyright 52

43(B)log

OCTOBER 9, 2023

Dental Recycling North America, Inc. v. Stoma Ventures, LLC, 2023 WL 6389071, No. 4:23 CV 670 CDP (E.D. Mo. Oct. 2, 2023) The parties compete in the market for amalgam capture devices, which remove fillings (or pieces thereof) from dental office wastewater. This is required by the EPA because fillings can contain toxic mercury. EPA regs say that dental offices may comply by using amalgam capture devices, “separators” and removal devices “other than separators.

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False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

OCTOBER 9, 2023

This opinion indicates that Facebook–and by implication, every other ad network–could violate California’s Unruh Act (an anti-discrimination law) by targeting third-party ads based on age, gender, or other protected criteria. The court reaches this shocking conclusion by cutting several analytical corners, including: collapsing any distinctions between content publication (ad targeting) and retail sales; disregarding the implausibility of the plaintiff’s purported search

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Law Advertising Advertising Marketing 86

IP Watchdog

OCTOBER 9, 2023

Last week, the White House announced that the manufacturers of all ten of the drugs singled out by the Centers for Medicare and Medicaid Services (CMS) and its drug price negotiation program (DPNP) have “agreed” to participate therein. The announcement concerns the manufacturers reluctantly agreeing to subject themselves to the sweeping drug price “negotiation” provisions of the Inflation Reduction Act (IRA), which was passed last year.

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Government Intellectual Property IP Patent 83