Plagiarism Today
SEPTEMBER 28, 2023
Humans of New York creator unhappy with Bombay counterpart, Danish man faces prison over hacked streaming accounts and more. The post 3 Count: Humans of Litigation appeared first on Plagiarism Today.
Michael Geist
SEPTEMBER 28, 2023
The past few days have been painful to watch as Canadian politicians grapple with the aftermath of recognizing and applauding a Nazi in the House of Commons. The episode and its response brings back memories from last year’s discouraging response to revelations that Canadian Heritage’s anti-hate program had provided funding to Laith Marouf, a known anti-semite.
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Plagiarism Today
SEPTEMBER 28, 2023
The legal fight over generative AI is still heating up. However, there's at least one way this fight mirrors the 2000 battle against Napster. The post One Way AI is Definitely Like Napster appeared first on Plagiarism Today.
IP Watchdog
SEPTEMBER 28, 2023
Twenty-five intellectual property luminaries sent a letter today to several members of Congress asking them to beware of misleading and inaccurate assertions by “activists and academics” that government price controls on drugs will lead to lower costs for consumers. The letter was sent to Senators Bernie Sanders (I-VT) and Bill Cassidy (R-LA), Chairman and Ranking Member, respectively, of the Senate Committee on Health, Education, Labor & Pensions; and Representatives Jason Smith (R-MO) and
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 IP Law Blog
SEPTEMBER 28, 2023
In JBrick, LLC v. Chazak Kinder, Inc. et al , 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff had created a “unique, accurately scaled, genuine LEGO®-brick interpretation” of the Second Beit Hamikdash, or Second Holy Temple (“Second Holy Temple”).
IP Watchdog
SEPTEMBER 28, 2023
On September 27, the World Intellectual Property Organization (WIPO) released the Global Innovation Index (GII) 2023, providing a snapshot of the relative performance of innovation economies across the world. While this year’s Index reflects mostly positive news about the state of global innovation, a slight drop in the United States’ overall ranking should encourage policymakers to advance efforts that would address issues with the country’s innovation engine.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
SEPTEMBER 28, 2023
We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. The Conundrum of Naked Licensing Naman Keswani The basic function of a trademark is not only to distinguish between the goods or services of one proprietor from those of others but also to ensure a certain level of qual
Likelihood of Confusion
SEPTEMBER 28, 2023
First posted on March 11, 2011. Here’s a roundup of what other people are saying about the decision in Network Automation, Inc. v. Advanced System Concepts, Inc. involving keyword advertising. The post Best of 2011: Ninth Circuit. Keywords. Trademarks. Hike! appeared first on LIKELIHOOD OF CONFUSION™.
SpicyIP
SEPTEMBER 28, 2023
The Global Innovation Index (GII) rates 132 economies based on their capacity for innovation using 80 indicators to track global innovation trends. The GII 2023 rankings that were published by WIPO yesterday saw Switzerland topping the list for the 13th time, followed by Sweden and the USA. India , on the other hand, has retained the 40th rank out of 132 economies, making it one of the only five middle-income economies to be ranked amongst the top 40 economies.
TorrentFreak
SEPTEMBER 28, 2023
Generative AI models such as ChatGPT have captured the imaginations of millions of people, offering a glimpse of what an AI-assisted future might look like. The new technology also brings up novel copyright issues. For example, several rightsholders are worried that their work is being used to train and exploit AI without any form of compensation. These concerns have triggered numerous AI-related lawsuits in the United States, many of which target OpenAI.
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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.
Cogency Global
SEPTEMBER 28, 2023
What this is: This guide explains how fundraising platforms can be used to help manage nonprofit compliance. What this means: Nonprofits that are looking to maintain compliance using the tools from their fundraising software can benefit from some of the tips in this article.
TorrentFreak
SEPTEMBER 28, 2023
Despite widespread publicity and overt campaigns warning of the criminal consequences, there’s still no shortage of people prepared to openly sell piracy-configured set-top boxes and pirate IPTV subscriptions. In broad terms, awareness has improved over the last couple of years but, for those who got involved many years ago, historic perceptions may have been somewhat different.
Art Law Journal
SEPTEMBER 28, 2023
Mastery, allure, innovation, narrative: Dive into illustrations where Artrepreneurs mesmerize. Kate Kelly curates storytelling illustrations, and Taylor Curry's picks sparkle with joy.
U.S. Department of Commerce
SEPTEMBER 28, 2023
Commerce Department Offers Valuable Resources and Services for Hispanic Entrepreneurs and Hispanic-Owned Businesses September 28, 2023 KCPullen@doc.gov Thu, 09/28/2023 - 16:01 Minority business growth The Hispanic American community is deeply rooted in the history of the United States and is an integral part of the rich fabric of our nation. True to our mission of creating the conditions for economic growth and opportunity—for all Americans—the Commerce Department works every day to support an
JD Supra Law
SEPTEMBER 28, 2023
With the increase in popularity of artificial intelligence uses in business, companies are scratching the surface of AI’s potential to create efficient processes, automate tasks, and generate content at a low cost. With headlines focused on polarizing and intriguing applications of AI systems and popular chatbots like ChatGPT, Google Bard, and Bing Chat, the use of AI in a business’s day-to-day operations flies under the radar.
IP Law 360
SEPTEMBER 28, 2023
Allowing copyright enforcers to obtain personal data linked to IP addresses of potential repeat infringers does not breach European Union laws if it is the only means of identifying perpetrators, an adviser to the bloc's highest court wrote Thursday.
JD Supra Law
SEPTEMBER 28, 2023
The number of existing valid registered trademarks in China is large, and the annual number of trademark applications is also large, which makes it difficult for enterprises to successfully register trademarks. According to the 2022 annual report of the China National Intellectual Property Administration (hereinafter referred to as the “CNIPA”), the preliminary approval rate of trademark applications is only 52%.
IP Law 360
SEPTEMBER 28, 2023
Intel will head to the Federal Circuit next week to try to overturn one of the largest patent verdicts ever, a highly anticipated appeal that is expected to center on how courts come up with damages. Here's a look at that case — plus a few other major intellectual property matters facing the court in the coming week.
JD Supra Law
SEPTEMBER 28, 2023
Case Name: In re Sugammadex, No. 20-CV-2576 (CCC/LDW), 2023 WL 3966146 (D.N.J. June 13, 2023) (Cecchi, J.) Drug Product and Patent(s)-in-Suit: Bridion® (sugammadex sodium); U.S. Patent No. RE44,733 (“the ’733 patent”).
Patently-O
SEPTEMBER 28, 2023
by Dennis Crouch The U.S. Patent and Trademark Office (USPTO), International Trade Administration (ITA), and National Institute of Standards and Technology (NIST) have extended the deadline for public comments on their request for information on standards and intellectual property. The new deadline is November 6, 2023. On September 11, 2023, the three agencies jointly published a request for comments in the Federal Register seeking input from stakeholders on issues related to standards and intel
JD Supra Law
SEPTEMBER 28, 2023
On January 20, 2022, Riot Games sued Suga and Imba, two video game companies based in Asia, in the Central District of California, alleging that the defendants infringed on Riot’s intellectual property by creating a knockoff of Riot’s popular multiplayer game, League of Legends. The lawsuit claimed that the defendants intentionally mimicked League of Legends’s distinctive visual style, characters, and artwork, as well as other visual, audiovisual, and textual elements in I Am Hero: AFK Tactical.
Patently-O
SEPTEMBER 28, 2023
by Dennis Crouch The Federal Circuit recently affirmed a PTAB IPR decision invalidating claims of Masimo U.S. Patent RE47,218 (“the ’218 patent”) as obvious under 35 U.S.C. § 103. Masimo Corp. v. Sotera Wireless, Inc. , 2022-1415 (Fed. Cir. Sept. 28, 2023) (nonprecedential). The Federal Circuit panel of Judges Prost, Wallach, and Chen determined (1) the Board correctly construed the disputed claim terms and (2) its obviousness ruling was supported by substantial evidence.
JD Supra Law
SEPTEMBER 28, 2023
For this edition, we decided to make a compilation of answers to questions that we frequently receive from clients who intend to protect their trademarks in Colombia.
Corsearch
SEPTEMBER 28, 2023
Founded in 1999 by Jack Ma, the Alibaba company has grown to become one of the world’s largest and most influential online commerce businesses. One of Alibaba’s most popular platforms is Alibaba.com, a leading global wholesale B2B marketplace that facilitates trade between businesses from around the world. Unfortunately, Alibaba’s platforms are also targeted by unscrupulous bad actors looking to defraud businesses and consumers.
JD Supra Law
SEPTEMBER 28, 2023
Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.” Columbia Sportswear North America, Inc. v.
Barry Sookman
SEPTEMBER 28, 2023
Overview In a proceeding before the Federal Court Voltage sought a default judgment against Internet subscribers for copyright infringement. Voltage argued that individuals who receive notices under the Copyright Act Notice and Notice Regime can be found liable for infringement as direct infringers or for authorizing infringement merely because their accounts were allegedly used to commit acts of infringement.
JD Supra Law
SEPTEMBER 28, 2023
The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of trademark declaratory judgment claims, finding that pre-enforcement commercialization activities can be used to establish personal jurisdiction. Impossible Foods Inc. v. Impossible X LLC, Case No. 21-16977 (9th Cir. Sept. 12, 2023) (Lucero, Bress, JJ.) (VanDyke, J., dissenting).
LexBlog IP
SEPTEMBER 28, 2023
As we’ve previously written , the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are among the plaintiffs to bring suit in California, while authors George R.R. Martin, John Grisham, and others have filed in New York.
JD Supra Law
SEPTEMBER 28, 2023
On August 31, 2023, the US Patent & Trademark Office (PTO) published an Oral Hearing Guide to aid parties with oral arguments before the Patent Trial & Appeal Board. The newest Oral Hearing Guide updates the 2019 Oral Hearing Guide published on August 30, 2019, and is meant to be read in conjunction with the procedures set forth in the 2019 PTAB Trial Practice Guide.
LexBlog IP
SEPTEMBER 28, 2023
Judges tend not to go thru a full likelihood-of-confusion analysis at 12b6 but here you are. The Court found that the WONDERFUL packaging and Defendant’s packaging do not possess “striking similarity” (sic). The Court notes that while their were similarities. The handling of the third factor, channels of trade was a bit puzzling. Although Pom sells mostly in brick and mortar stores, it, like Defendant, sells on Amazon.
Traverse Legal Blog
SEPTEMBER 28, 2023
Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point.
LexBlog IP
SEPTEMBER 28, 2023
In JBrick, LLC v. Chazak Kinder, Inc. et al , 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff had created a “unique, accurately scaled, genuine LEGO®-brick interpretation” of the Second Beit Hamikdash, or Second Holy Temple (“Second Holy Temple”).” The plaintiff created a LEGO®-brick Second Holy Temple product (“Second Hol
The TTABlog
SEPTEMBER 28, 2023
The USPTO refused to register the proposed mark WEALE for various body care products, deeming the mark to be primarily merely a surname under Section 2(e)(4). Database and website evidence identified fewer than 150 individuals with the surname WEALE, leading the Board to find WEALE to be a "rare surname." No one associated with the applicant has that surname.
LexBlog IP
SEPTEMBER 28, 2023
Too often, entrepreneurs (who intend on starting the next IPO) pay little to no attention to their organizational documents. This is quite intriguing, as it is similar to buying a house, and not paying attention to whose name is on the title, or what is in the covenants, conditions, and restrictions or neighborhood association bylaws; or getting married and not discussing prior to such marriage who will pay the mortgage.
JD Supra Law
SEPTEMBER 28, 2023
The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district court. Instead, the CDA requires contractors to bring such claims before the US Court of Federal Claims or the agency board of contract appeals, both of which are located in Washington, DC.
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