Plagiarism Today
MAY 11, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sen. Josh Hawley’s Move to Strip Disney’s Copyrights Called ‘Blatantly Unconstitutional’. First off today, Gene Maddaus at Variety reports that Senator Josh Hawley has introduced a bill that aims to drastically rewrite copyright law in the United States, rolling back the term of copyright to just 28 years with the option for renewal for another 28.
Technology & Marketing Law Blog
MAY 11, 2022
As part of an omnibus bill, the Minnesota House of Representatives passed a troubling bill restricting how under-18 users engage with user-generated content (UGC) services. [At the bottom of this post, I’ve included the text as passed by the Minnesota House] The bill fits the “protect-the-kids” narrative that politicians champion during election years, but it’s counterproductive towards that purported goal.
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IPilogue
MAY 11, 2022
Photo by Michael Dziedzic ( Unsplash ). Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. Cybersecurity has become a major battlefield in the war between Russia and Ukraine. Even before Russia invaded Ukraine on February 24 th , it had launched waves of cybersecurity attacks on a range of important social sectors of Ukraine.
IP Watchdog
MAY 11, 2022
In 1950, Jimmy Stewart starred in the iconic movie “Harvey,” which is the story of Elwood P. Dowd, an affable but eccentric man who pals around with an invisible 6’4” rabbit with an affection for martinis and that has the magical power to stop time. In the end of the movie, the viewer is left to believe that some level of insanity in people is good, and that there is some possibility that Harvey actually exists in some form.
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?
JD Supra Law
MAY 11, 2022
On March 2, 2022, the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury issued General License No. 13, which authorized "U.S. persons. to pay taxes, fees, or import duties, and purchase or receive permits, licenses, registrations, or certifications" for a limited time when such activities relate to transactions involving the Central Bank of the Russian Federation ("Bank of Russia") and to the extent that such activities would otherwise be prohibited by.
IP Watchdog
MAY 11, 2022
Four scholars with the International Center for Law & Economics (ICLE) have sent comments to the European Commission urging against any changes to the EU’s legal framework for licensing of standard-essential patents (SEPs) that would limit SEP holders’ ability to seek injunctions against alleged infringers. The ICLE scholars write: “It is simply not helpful for a regulatory body to impose a particular vision of licensing negotiations if the goal is more innovation and greater ultimate retur
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
MAY 11, 2022
The migration of business applications to the cloud shows no signs of slowing down. In fact, Gartner projects the Software-as-a-Service (SaaS) industry will experience its largest annual growth between 2021 and 2022, reaching a value of $171.9 billion by the end of the year.
IP Law 360
MAY 11, 2022
The Federal Circuit has shot down Roku's appeal of the Patent Trial and Appeal Board's decisions not to review a pair of patents covering an Arizona company's universal remote control software.
Patently-O
MAY 11, 2022
Missouri Senator (and my former Mizzou Law Colleague) Josh Hawley has introduced S.4171 a modest copyright proposal that would substantially reduce copyright term to 56 years (28 years if holder fails to timely file for renewal). Current Copyright term is significantly longer and does not require renewal to stay in force. Life of the author + 70 years.
IAM Magazine
MAY 11, 2022
Comments sought on draft changes to resource, which come just weeks after parent ministry METI issued FRAND guidelines of its own.
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.
IP Law 360
MAY 11, 2022
Sound View Innovations could get another shot at proving Hulu infringed its multimedia streaming patent after the Federal Circuit held Wednesday that a California federal judge may have gotten the construction of a key claim term wrong.
The IPKat
MAY 11, 2022
The IP blogs were very active during the last week of April! That's why the IPKat is here to collect some of the most notable posts for you! TRADE MARKS Certain non-agricultural products originating from a specific geographical area and known for their qualities (e.g. Bra? stone or Murano glass) can be considered craft and industrial products (CIPs) and are eligible for protection at the international level through the Geneva Act of the Lisbon Agreement on Appellations of Origins and Geographica
IP Law 360
MAY 11, 2022
Toni Basil, the singer behind the hit song "Mickey," is the sole owner of the copyright for the recordings on her 1981 album, the Ninth Circuit affirmed Wednesday, finding that Basil seems to have "primarily wielded creative control" and that a producer involved in the project was not a coauthor.
JD Supra Law
MAY 11, 2022
Kilpatrick Townsend’s Dan Englander moderated a recent panel at the International Trademark Association (INTA) Annual Meeting that addressed “Why Trademark Policy Matters to Brand Owners Large and Small.” The panelists discussed provisions concerning protection of trademarks and enforcement against counterfeit goods at the World Trade Organization on Trade-Related Aspects of Intellectual Property Rights.
IP Law 360
MAY 11, 2022
An attorney dubbed a "copyright troll" must pay attorney fees in Colorado federal court for filing a case in the wrong venue, the latest round of sanctions after a New York federal court suspended him from practicing law in the state until 2024.
JD Supra Law
MAY 11, 2022
The rise of litigation financing is inspiring more plaintiff’s attorneys to investigate the benefits of seeking outside investment to build a strong case for their clients. However, it can be intimidating to decode exactly what litigation financing options exist and what circumstances must be met for attorneys to access them.
IAM Magazine
MAY 11, 2022
A pre-litigation mediation procedure proved pivotal to bringing a civil lawsuit to a swift resolution, following field investigation and on-site notarisation to secure evidence of infringement.
Patent Trademark Blog
MAY 11, 2022
What is the difference between counterfeiting and trademark infringing? Is it fake? Whether or not a product is a counterfeit boils down to the degree of similarity. Are you dealing with a fraudulent imitation? If so, it might be a counterfeit. The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Counterfeits are identical or virtually identical to the genuine article.
IAM Magazine
MAY 11, 2022
Recent US court decisions have had a seismic impact on venue selection in Hatch-Waxman cases. Faegre Drinker’s Alison Baldwin, Eric Friedman and Susan Sharko argue that this can be a favourable development for rights holders and a useful tool for cases in this area of the law.
Indiana Intellectual Property Law
MAY 11, 2022
The U.S. Trademark Office issued the following 119 trademark registrations to persons businesses in Indiana in April 2022 Base on applications filed by Indiana trademark attorneys: Reg. Number. Word Mark. 6707506. AAD INTERNATIONAL FELLOW AMERICAN ACADEMY OF DERMATOLOGY EXCELLENCE IN DERMATOLOGY. 6714661.
IAM Magazine
MAY 11, 2022
The patent licensing business – which is still on track for a spin-off this autumn – says a significant part of its 16% revenue hike came from the Micron deal for semiconductor hybrid bonding IP.
JD Supra Law
MAY 11, 2022
This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and preliminary injunctions.
LexBlog IP
MAY 11, 2022
$5.5 Million FTC Settlements for Bamboo Textile and Environmental Benefit Claims Under Penalty Offense Authority. The FTC recently announced that it has reached a $2.5 million settlement with Kohl’s and a $3 million settlement with Walmart for allegedly making misleading representations that textile products were made of bamboo fabric and provided environmental benefits because those products were derived from bamboo.
JD Supra Law
MAY 11, 2022
The previously contemplated fee for opting out of "classical" European patents from the Unified Patent Court ("UPC") system has been abolished by the UPC Preparatory Committee. The UPC Case Management System will also allow for lodging multiple opt-out applications at once, thus facilitating the procedure.
The TTABlog
MAY 11, 2022
In what may be one of the biggest wastes of time in the history of trademark jurisprudence, the Board reversed the USPTO's requirements that LEGO disclaim the word KID , in both Latin and non-Latin characters, in the two marks shown below, for various goods and services primarily aimed at children. The Board found the two marks to be unitary, and therefore disclaimer of KID was not required.
JD Supra Law
MAY 11, 2022
On June 21, 2021, the U.S. Supreme Court issued its decision in National Collegiate Athletic Association v. Alston and forever changed the world of college sports. In a unanimous decision, the Court struck down NCAA caps on education related benefits. Perhaps even more influential than the Court’s main holding was the concurrence by Justice Kavanaugh, criticizing the NCAA’s business model and stating that it “would be flatly illegal in almost any other industry.
IAM Magazine
MAY 11, 2022
A pre-litigation mediation procedure proved pivotal to bringing a civil lawsuit to a swift resolution, following field investigation and on-site notarisation to secure evidence of infringement.
JD Supra Law
MAY 11, 2022
Typically, Godzilla and other kaiju (Japanese for “strange beast” and also referring to a genre of fiction involving giant monsters) use their armored skin, massive size, and superpowers to protect themselves against almost anything, including human armies, natural disasters, and other kaiju. Perhaps the most powerful non-physical weapon/defense in a kaiju’s arsenal is copyright law.
IAM Magazine
MAY 11, 2022
Recent US court decisions have had a seismic impact on venue selection in Hatch-Waxman cases. Faegre Drinker’s Alison Baldwin, Eric Friedman and Susan Sharko argue that this can be a favourable development for rights holders and a useful tool for cases in this area of the law.
JD Supra Law
MAY 11, 2022
A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for declaratory relief, ruling that Shape did not infringe the copyrights of UK artist Sami Chokri’s (Chokri) song Oh Why.
IAM Magazine
MAY 11, 2022
The patent licensing business – which is still on track for a spin-off this autumn – says a significant part of its 16% revenue hike came from the Micron deal for semiconductor hybrid bonding IP.
JD Supra Law
MAY 11, 2022
The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up. Notably, in declining to hear a challenge to the Ninth Circuit’s ruling that Groban’s song did not constitute infringement, the Court left in place a circuit split as to the applicable test for assessing substantial similarity between two works of authorship.
Kluwer Copyright Blog
MAY 11, 2022
The district court’s rejection of the employee’s qualified immunity arguments on summary judgment was nonappealable. The U.S. Court of Appeals in New Orleans lacked jurisdiction to hear an appeal of a district court’s summary judgment ruling finding that material facts precluded deciding as a matter of law the validity of a qualified immunity defense asserted by Texas A&M’s Athletic Department Media Relations Director Brad Marquardt in his efforts to fend off copyright infringement claims br
JD Supra Law
MAY 11, 2022
The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of companies accused of negotiating agreements with competitors not to recruit, solicit or hire each other's employees. The DOJ commenced additional prosecutions of these types of cases and we expect that trend to continue.
Likelihood of Confusion
MAY 11, 2022
The statutory copyright damages awards merry-go-round Thomas-Rasset circus is not the only case that seems to be stuck in an infinitely-recurring loop. As Pamela Chestek explains, “the STOLICHNAYA case [has] end[ed] again.” The post STOLICHNAYA trademark: There’s good news and bad news. appeared first on LIKELIHOOD OF CONFUSION™.
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