Plagiarism Today
JUNE 5, 2023
Cookbook author Joanne Lee Molinaro highlighted a copycat cookbook that has raised new questions about imitation in publishing. The post The Case of the Knock-Off Cookbook appeared first on Plagiarism Today.
Intellectual Property Law Blog
JUNE 5, 2023
This case addresses the “skilled and diligent searcher” standard used for establishing Inter Partes Review (“IPR”) estoppel (or lack thereof). In particular, this case establishes: (1) which party bears the burden of proof regarding whether a “skilled and diligent searcher” could have reasonably been expected to discover prior art such that failure to include it in an IPR petition estops the petitioner from raising it in other civil actions under 35 U.S.C. § 315(e)(2); and (2) the “skilled and d
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Plagiarism Today
JUNE 5, 2023
Appeal planed in Thinking Out Loud case, large Manga pirate site is shuttered and use of Michelangelo's David prompts lawsuit. The post 3 Count: Thinking Out Louder appeared first on Plagiarism Today.
TorrentFreak
JUNE 5, 2023
Manga comics are popular around the globe in a content category that has seen piracy grow significantly in recent years. This popularity is also apparent in manga’s home country Japan, where several dedicated pirate sites are active. Publishers are working hard to counter this trend and last month they turned to a U.S. court for help. Working with the Japanese anti-piracy group CODA, manga publisher Shueisha obtained a DMCA subpoena that required Cloudflare to uncover the identities of sev
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?
The IPKat
JUNE 5, 2023
On 11 May last, the Italian Supreme Court issued and interesting decision ( decision no. 12881 ) on the protection of the Tic Tac box as a shape trade mark, reaffirming the distinction between the “necessary form” and the “substantial form” of a product. The decision of the Supreme Court upholds the lower courts’ earlier decisions. Background Ferrero S.p.A.
Patently-O
JUNE 5, 2023
by Dennis Crouch Washington Post has published a long article titled, “ Colleagues want a 95-year-old judge to retire. She’s suing them instead ,” by Rachel Weiner. Judge Pauline Newman, the oldest active federal judge in the country, has been embroiled in controversy as she resists her colleagues attempts to urge/force her to retire. The article ends with a noteworthy quote from Newman that rings true to her characteristic resilience and dedication: “ I want to spend my last
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Kluwer Copyright Blog
JUNE 5, 2023
“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2d Cir. 2021) (available here ); “Warhol Print” also available here “Goldsmith Photograph”, Page 7, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2d Cir. 2021) (available here ) In March 2022 the U.S. Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fa
IP Law 360
JUNE 5, 2023
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
Technology & Marketing Law Blog
JUNE 5, 2023
Ynfante responded to a scam ad shown when he Google-searched for “ebay customer service number,” and he called a phishing farm instead of eBay. “After Mr. Ynfante divulged his account information to the scam helpline, the scammers made purchases on behalf of Mr. Ynfante and gained access to sensitive personal information such as his home address and Social Security number.” Google defended Ynfante’s lawsuit on Section 230 grounds: Google is an ICS provider.
IP Law 360
JUNE 5, 2023
The trunk of Judge Ben Tennille's Toyota Avalon was as good as any courtroom for the fledgling North Carolina Business Court in 1996. So was his dining room, for that matter.
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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.
Trading Secrets
JUNE 5, 2023
Over last week, two seemingly unconnected events happened that impact restrictive covenant and labor law. First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opining that certain non-compete agreements may violate the National Labor Relation Act by suppressing workers’ ability to engage in protected concerted activity.
IP Law 360
JUNE 5, 2023
A Florida federal judge finally explained Monday why he cleared Comcast of infringement claims two months ago, shortly into a jury trial over a rival's patent on streaming-service technology, breaking down how the patent owner missed the evidentiary benchmark for literal infringement.
The IPKat
JUNE 5, 2023
Downing College The IPKat is pleased to inform readers that the European Pharma Law Academy , organized by Informa, is returning once again this year. It will be held on the premises of the beautiful Downing College, which is part of the University of Cambridge, between 4 and 8 September 2023. The Academy is delivered in an all-inclusive, residential format.
IP Law 360
JUNE 5, 2023
A split Fourth Circuit on Monday vacated a Virginia federal judge's orders barring gaming chair company Wudi Industrial from using the trademark "GT Racing" in its social media accessible in European countries, finding that the district court awarded permanent injunctive relief without following civil procedure rules.
JD Supra Law
JUNE 5, 2023
On May 10, 2023, a PTAB Panel excused the late filings of the Patent Owner and allowed over thirty exhibits and a Corrected Patent Owner Response (“CPOR”) to be submitted into the record in Samsung Electronics Co., Ltd. v. Communication Technologies, Inc., IPR2022-01221. This decision is noteworthy considering that, as we previously discussed on this blog, the PTAB has stricken exhibits from the record due to late filings before.
IP Law 360
JUNE 5, 2023
A federal judge in Florida has ordered a conservative website to "remove and cease use of any images of Rush Limbaugh" and his golden microphone while the estate of the late broadcaster pursues a trademark suit against a former IT contractor who worked for him.
JD Supra Law
JUNE 5, 2023
Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In the final installment of this three-episode series, Troutman Pepper attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O'Gara on the mechanics and strategic considerations for using reexamination as a means to amend claims in IPR and PGR proceedings.
IP Law 360
JUNE 5, 2023
An attorney for a producer behind "Gone in 60 Seconds" told a California federal judge during closing arguments Monday that the late Carroll Shelby's company breached a settlement over rights to the film's "Eleanor" car by "suing for doing what we are permitted to do.
Michael Geist
JUNE 5, 2023
The right to repair would seem like a political no-brainer: a policy designed to extend the life of devices and equipment and the ability to innovate for the benefit of consumers and the environment. Yet somehow copyright law has emerged as a barrier on that right, limiting access to repair guides and restricting the ability for everyone from farmers to video gamers to tinker with their systems.
IP Law 360
JUNE 5, 2023
A putative class of artists have urged a California federal judge to not let artificial intelligence art platforms like Stable Diffusion and Midjourney escape a copyright suit over their use of a "21st century collage tool," arguing that the accused image generators are massively misappropriating protected imagery.
IP Intelligence
JUNE 5, 2023
A trademark license may seem straightforward. It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods offered and services rendered under the mark. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right?
LexBlog IP
JUNE 5, 2023
As a litigator, I regularly encounter clients who have invested in a limited partnership and are outraged at the actions of the general partner and its principals. Most of the time, they believe the general partner has mismanaged the partnership. Not infrequently, they contend that the general partner represented that the partnership would invest in one category of asset, when in fact it invested in something else.
Intepat
JUNE 5, 2023
Introduction It is not uncommon for market competitors to find themselves in a courtroom confrontation over trademark infringement cases. PhonePe Private Limited v Resilient Innovations Private Limited is a matter between parties who had previously approached the court regarding their marks. In this case, PhonePe (Plaintiff) is a popular digital payment and financial technology company.
JD Supra Law
JUNE 5, 2023
On December 14, 2020, the China National Intellectual Property Administration released “Announcement about Amendments to the Guidelines for Patent Examination (Announcement No. 391)” on its website, showing that the amended Guidelines for Patent Examination would come into force on January 15, 2021.
IP Law 360
JUNE 5, 2023
Safety syringe technology company Retractable Technologies Inc. has asked a Texas appellate court to reverse a trial court order regarding allowable evidence it says runs contrary to Fifth Circuit precedent, arguing Friday the decision will prevent it from succeeding in a legal malpractice suit against Locke Lord LLP alleging Retractable spent millions pursuing "ill-fated claims" based on bad legal advice.
Patent Trademark Blog
JUNE 5, 2023
Is patent enforcement possible for small companies? Whatever people may have heard about patent enforcement, one thing is clear. Almost everyone knows that patent infringement lawsuits are expensive. A lot can be at stake. If patent infringement litigation is so costly, what options are available to startups and small businesses? Let’s explore realistic enforcement options for small and midsize companies who do not have millions of dollars to spend litigating.
JD Supra Law
JUNE 5, 2023
At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for misuse of its images. Software developers are suing Microsoft and OpenAI for breach of contract, copyright infringement and other statutory claims.
Likelihood of Confusion
JUNE 5, 2023
“Cyberproperty”? A dubious concept, the dubiousness now analyzed and developed theoretically in this article by Michael Carrier and Greg Lastowka, via Marty Schwimmer. Originally posted 2008-04-21 23:30:13. Republished by Blog. The post Cyber… what? appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JUNE 5, 2023
The Second Circuit just raised the bar for recovering avoided costs as unjust enrichment in a Defend Trade Secrets Act (“DTSA”) case. With a successful DTSA claim, a trade secret owner may obtain an injunction against further use or disclosure of the trade secrets, recover actual damages, and recover damages for unjust enrichment caused by the misappropriation not otherwise included in the damages award.
LexBlog IP
JUNE 5, 2023
Every year when the calendar metaphorically flips from May 31 to June 1, we get that extra pep in our step. Summer is just around the corner, pride flags are flying, iced coffee is flowing – and this year, Kylie Minogue is back and has already blessed us with the son g of the summer. We would very much like to focus heavily on celebrating, but things just feel a bit too complicated this year – particularly when it comes to the hot topics of Pride Month, LGBTQ issues and corporate sup
JD Supra Law
JUNE 5, 2023
This week, the Court considers trademark protections for furniture and the enforceability of forum-selection clauses. The Court affirms the district court’s decision holding a defendant liable for trade dress infringement when it copied the image, design, and appearance of plaintiff’s furniture products.
LexBlog IP
JUNE 5, 2023
This case addresses the “skilled and diligent searcher” standard used for establishing Inter Partes Review (“IPR”) estoppel (or lack thereof). In particular, this case establishes: (1) which party bears the burden of proof regarding whether a “skilled and diligent searcher” could have reasonably been expected to discover prior art such that failure to include it in an IPR petition estops the petitioner from raising it in other civil actions under 35 U.S.C.
Velocity of Content
JUNE 5, 2023
Mandated by funders and governments and implemented at universities and research-intensive organizations worldwide, FAIR data principles ensuring that data is findable, accessible, interoperable , and reusable are expected to drive innovation in science in the years ahead. Proponents say FAIR will accelerate machine readability of research and thereby lift discovery to greater heights.
LexBlog IP
JUNE 5, 2023
In a recent decision dated March 29, 2023, the EUIPO General Court provided relevant guidance on the interpretation of the distinctive character requirement in figurative trademarks representing three-dimensional (3-D) shapes. Facts of the proceedings In December 2020, a European Union trademark application was filed for the following figurative sign seeking protection for confectionery and candy products belonging to Class 30 of the Nice Classification.
JD Supra Law
JUNE 5, 2023
Over the past several weeks there has been much commentary regarding the U.S. Supreme Court's recent opinion in Andy Warhol Foundation ("AWF") v. Goldsmith. The facts of the case date back to the early 1980s when Vanity Fair licensed a photograph of Prince taken by acclaimed photographer Lynn Goldsmith. The purpose of the license was to allow another artist to use Goldsmith's photograph as an "artist's reference" for a new work that would be used by Vanity Far for an article about Prince.
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