JD Supra Law
AUGUST 4, 2023
The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this episode of The Briefing.
The IPKat
AUGUST 4, 2023
The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. G 2/21 arose from a case in the biotech field. The referring decision and much of the surrounding commentary to G 2/21 also focused on the terminology of plausibility, which is also often used in the biotech field ( IPKat ).
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JD Supra Law
AUGUST 4, 2023
As a rapidly increasing number of generative artificial intelligence products come to market, companies interested in incorporating these technologies must evaluate such offerings by balancing speed of implementation and technical capabilities with financial and legal considerations. Providers of such tools are pushing the envelope on what’s possible from a technology perspective while also attempting to assess ethical considerations, tune the models to reflect concerns and build in user.
IP Law 360
AUGUST 4, 2023
A Federal Circuit panel investigating claims that 96-year-old Judge Pauline Newman is not mentally fit to remain on the bench has recommended that she be suspended from hearing all cases for one year for not cooperating with the probe.
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
AUGUST 4, 2023
Z-Library has become the go-to site for many readers in recent years by providing access to nearly 14 million books, without charging a penny. The site’s continued ability to do so was put to the test late last year when U.S. law enforcement seized over 200 domain names connected to the platform. Two alleged Z-Library operators were arrested in Argentina and currently face extradition to the States.
Michael Geist
AUGUST 4, 2023
Meta’s announcement this week that it has started to block news links in Canada on both Facebook and Instagram due to Bill C-18’s mandated payments for links approach has sparked a flurry of commentary and coverage. News outlets such as Le Devoir have joined the Globe and Mail in expressing doubt about the government’s approach, news coverage has examined why the Meta ad boycott hasn’t taken off (hint: the government’s own party is still launching new ads) or why the Australian experience hasn’t
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
AUGUST 4, 2023
Envestnet's bid to escape claims that it engaged in a scheme to steal rival fintech software company FinApps' trade secrets should largely be denied since there is conflicting evidence that a jury must weigh, a Delaware federal magistrate judge said in a report and recommendation unsealed Friday.
Patently-O
AUGUST 4, 2023
by Dennis Crouch The Federal Circuit Special Committee has released a 100+ page report that recommends Judge Pauline Newman be suspended for her refusal to comply with the committee’s order that would permit an independent doctor conduct a mental or physical examination. The proposed suspension for “one year or until she complies.” This report will be delivered to the Judicial Council that will make its own decision.
IP Law 360
AUGUST 4, 2023
After an investigation into Federal Circuit Judge Pauline Newman's fitness to serve on the bench, a committee on Friday called for her to be suspended for one year. Here's a look at the panel's conclusions, and its responses to her criticisms of the probe.
LexBlog IP
AUGUST 4, 2023
The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.
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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.
IP Law 360
AUGUST 4, 2023
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
LexBlog IP
AUGUST 4, 2023
After remand from the 2d Circuit, SDNY grants Pepsi’s motion for summary judgment on all counts, dismissing Plaintiff’s causes regarding Pepsi’s use of MTN DEW RISE for a caffeinated energy drink, based on plaintiff’s use of RISE for cold brew coffee. Text of RiseandShine v Pepsi, 1:21-cv-06324-LGS- SLC (SDNY August 2, 2023) News coverage here.
IP Law 360
AUGUST 4, 2023
The past week in London has seen law firm Hugh James sue Berrymans Lace Mawer LLP over advice it gave a medical group in litigation over non-medical-grade silicone implants, Panasonic hit Chinese tech companies Xiaomi and Oppo with a patent claim, and collapsed law firm Carillion sue the U.K. government and three PwC partners. Here, Law360 looks at these and other new claims in the U.K.
Olartemoure Blog
AUGUST 4, 2023
INVIMA published last week 3 guidelines regulating Decree 334 of 2022, originally enacted to simplify the procedures for the renewal or modification of marketing authorizations (MAs) for medicinal products: 1. ASS-RSA-GU77-Guideline for the ex officio review of chemical synthesis medicinal products, medicinal gases, biologicals, homeopathic medicinal products, radiopharmaceuticals, antivenoms and phytotherapeutic medicinal products.
IP Law 360
AUGUST 4, 2023
A long-running dispute between the asset management firm State Street Global Advisors Trust Co. and the artist behind the iconic "Fearless Girl" statue in New York City over alleged trademark rights infringement and contract breach claims will head to trial in April 2024.
IP Watchdog
AUGUST 4, 2023
This week in Other Barks & Bites: Senator Ted Cruz introduces draft legislation to clarify federal law on college athletes’ name, image, likeness (NIL) rights; American Axle gets win on remanded claim in district court; inventors lament “As Seen on TV” infringement; AstraZeneca pays Bristol Myers Squibb to settle patent infringement lawsuit.
McBayer IP Blog
AUGUST 4, 2023
Posted In Intellectual Property , Trademark This week, the nearly half a billion users of Twitter looked at their phones and found something perplexing—the instantly-recognizable blue icon with the white silhouette of a bird had vanished, and in its place a black square with a white “X” had appeared. CEO Elon Musk had decided to rebrand Twitter as “X”—but did he think through all the trademark ramifications of this choice before implementing it?
JD Supra Law
AUGUST 4, 2023
A trade secret is any information used in one’s business that derives independent economic value from not being generally known. Trade secrets, unlike patents, are protected indefinitely for as long as they remain a secret. Due in large part to enactment of the Defend Trade Secrets Act in May 2016 which made trade secret misappropriation a federal cause of action, trade secrets have become an increasingly attractive form of intellectual property for businesses to protect their innovations.
Indiana Intellectual Property Law
AUGUST 4, 2023
The U.S. Trademark Office issued the following 176 trademark registrations to persons and businesses in Indiana in July 2023 based on applications filed by Indiana trademark attorneys: Reg. Number Word Mark 7121761 CUSHIONRITE 7121751 LEGENDARY BRANDS SOCIETY 7121557 INSTAGLIDE 7121418 EST 2021 BENT WRENCH BBQ 7121163 PEGGY 7121158 PEGGY 7120855 7120119 MIDNIGHTWOLF 7119909 NANNAH 7119777 EMPLIMENTS & IMPLEMENTS ENTERTAINMENT MUSICAL GROUP 7119402 DJ LADY SHAY 7119362 SPILL DIAPER 7119354 E
JD Supra Law
AUGUST 4, 2023
On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server. The server test has been the law in the Ninth Circuit since 2007, but in recent years it has come under attack in lower courts in other jurisdictions.
43(B)log
AUGUST 4, 2023
An Author/Reader Conversation about Jessica Silbey, Against Progress: Intellectual Property and Fundamental Values in the Internet Age (2022) Robert Brauneis: Three layers—(1) object of discovery: creator and innovator accounts, concerns, what kind of conditions support/hinder them in their work; (2) thinking about IP rules, particularly © for photographers; (3) economic & social vision; equality, dignity, privacy, etc are contrasted to hierarchy, subordination, exclusivity, precarity, comme
JD Supra Law
AUGUST 4, 2023
The recent proliferation of useful Artificial Intelligence (“AI”) tools for tasks like text, image, music, and software code generation is all the rage. In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools is whether the works of art or inventions (including works of industrial design) created using these tools can still be considered the creation of the individual author or designer.
The IP Law Blog
AUGUST 4, 2023
The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.
JD Supra Law
AUGUST 4, 2023
In a recent decision, the PTAB granted institution of an IPR despite multiple parallel district court proceedings involving the same patent, and flatly rejected the Patent Owner’s argument that the Petitioner’s “conflicting” arguments on claim construction in the district court proceedings and in the IPR petition bore on Fintiv factor 3. CrowdStrike, Inc., v Webroot Inc., IPR2023-00126, Paper 9, at 10 (May 5, 2023).
LexBlog IP
AUGUST 4, 2023
Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al, Case No. 21-869, as part of INDICAM ’s podcast series “IPxSUMMER 2023 around the world” As many will recall, SCOTUS recently upheld a ruling that an early 1980s Andy Warhol’s photograph of the artist Prince was not fair use.
Olartemoure Blog
AUGUST 4, 2023
When we think of beer, our minds often wander to its taste and aroma, however, in the brewing world, beauty and function are intricately intertwined. The brewing industry is not solely about the liquid within the glass. Specialized glassware with its elegant curves, for instance, enhances the presentation and aroma of different beer styles. Design patents allow breweries to safeguard these elements of aesthetic distinction, securing exclusive rights to their innovative designs.
IP Watchdog
AUGUST 4, 2023
The U.S. Court of Appeals for the Federal Circuit’s Special Committee that is investigating Judge Pauline Newman for misconduct today released a number of additional documents, including a 319-page one dated July 31 recommending Newman be suspended from taking on case assignments for one year, “or at least until she ceases her misconduct and cooperates such that the Committee can complete its investigation.
Velocity of Content
AUGUST 4, 2023
On July 29, a federal judge delivered a highly anticipated ruling on two key provisions of a recently passed Arkansas state law. In a lengthy opinion and order, Judge Timothy L. Brooks determined that specific sections of Act 372 were highly likely to be found unconstitutional, and he issued a preliminary injunction blocking them. The provisions would have exposed librarians and booksellers to criminal liability for making allegedly inappropriate or “harmful” books accessible to minors in th
JD Supra Law
AUGUST 4, 2023
When people think of counterfeit products, they envision high-end designers, such as Prada, Louis Vuitton, Gucci and Hermes, expensive accessories such as Rolex watches, and expensive fragrances. They also are likely to believe that such counterfeiting is obvious, as it occurs with products sold in “dark alleys” (or on blankets on big city streets) or on very obviously “sketchy” websites.
IP Tech Blog
AUGUST 4, 2023
Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al, Case No. 21-869, as part of INDICAM ’s podcast series “IPxSUMMER 2023 around the world”. As many will recall, SCOTUS recently upheld a ruling that an early 1980s Andy Warhol’s photograph of the artist Prince was not fair use.
JD Supra Law
AUGUST 4, 2023
It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by a number of courts.
43(B)log
AUGUST 4, 2023
Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? Costly inefficiencies in supply and demand. Virtually no one thinks the US has the right amount of gun violence, and the firearms industry has been and continues to be enormously innovative—AR-15 customization, ghost guns.
JD Supra Law
AUGUST 4, 2023
The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the truth-in-advertising standards under the FTC Act apply to endorsement and review-related issues.
IP and Legal Filings
AUGUST 4, 2023
INTRODUCTION A celebrity is a person who is famous in the eyes of the general public and has goodwill attached to it, they are in constant spotlight they can be actors, sportspersons, singers, etc. In ancient times the name of Kings and Queens were used to make the products prevalent in the market, this technique has worked in the past and that is why companies do not fail to sponsor a celebrity to launch their products to make them prevalent in the market.
The TTABlog
AUGUST 4, 2023
Here are three recent likelihood of confusion cases: one opposition and two ex parte appeals. Keeping in mind that the strength of the cited (or pleaded) mark is an important factor in the Board's Section 2(d) determination, how do you think they came out? Answers will be found in the first comment. In re Bushnell Inc. , Serial No. 90501168 (July 28, 2023) [not precedential] (Opinion by Judge Marc A.
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