Plagiarism Today
JULY 6, 2023
The copyright claim board has handed down two more final determinations. Though not decisions, they are still noteworthy. The post Two More Copyright Claims Board Cases Concluded appeared first on Plagiarism Today.
IP Watchdog
JULY 6, 2023
On the evening of July 5, inventor advocacy group US Inventor hosted a webinar to discuss the Patent Eligibility Restoration Act (PERA) recently introduced into the U.S. Senate by Senators Thom Tillis (R-NC) and Chris Coons (D-DE). The featured guest speaker was Retired U.S. Court of Appeals for the Federal Circuit Chief Judge Paul Michel, who has been involved in the development of PERA’s draft legislative text and has personally supported PERA as an important step in “reviv[ing] the faltering
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Plagiarism Today
JULY 6, 2023
Authors sue OpenAI over book ingestion, Jeff Koons and Michael Hayden claim recent SCOTUS ruling helps them, and Getty sued by photog. The post 3 Count: Sweet Little Lies appeared first on Plagiarism Today.
IP Watchdog
JULY 6, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. Apple had asked the court to rehear the case in order to direct the Trademark Trial and Appeal Board (TTAB) to narrow the services listed in the trademark application so that it could proceed to registration.
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?
Copyright Alliance
JULY 6, 2023
June 2023 marked the one-year anniversary of the small copyright claims tribunal, the Copyright Claims Board (CCB). Meanwhile, Congress kept busy on AI issues and a major class-action lawsuit on […] The post June 2023 Roundup of Copyright News appeared first on Copyright Alliance.
The IPKat
JULY 6, 2023
The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri (Warner Bros Discovery) regarding the most recent instalment in the Lidl v Tesco IP dispute. Here’s what Alessandro writes: Lidl on price, big on copyright by Alessandro Cerri In a judgment issued a few days ago, the High Court of England and Wales (the Court) granted a final injunction in respect of Tesco’s infringement of Lidl’s copyright in its blue-and-yellow logo.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
JULY 6, 2023
The United States Patent and Trademark Office (USPTO) has released an update to its study on multiple Patent Trial and Appeal Board (PTAB) petitions that it says demonstrates that serial and parallel petition practice at the PTAB has been decreasing since 2016, when the Office first issued guidance on the subject. Serial petitions are characterized as petitions filed to challenge the same patent more than 90 days after the initial petition, while parallel petitions are those filed 90 days or few
IP Law 360
JULY 6, 2023
A federal judge in the Southern District of New York has handed an industry group a nearly $15 million award against a Chinese company that markets software made to "clear" and circumvent encryption protections the group puts on Blu-ray discs.
JD Supra Law
JULY 6, 2023
They may have known that it was coming. Over the last several weeks, lobbying organizations and high-tech blogs have been slowly introducing the same old false, misleading, and deceptive arguments against patent law. These propaganda screeds are once again claiming that the patent system is awash with bad actors belligerently patenting vague and obvious inventions, and then slowing scientific and technological progress by asserting these patents against the world.
IP Law 360
JULY 6, 2023
The full Federal Circuit has refused to undo a panel decision that limited Apple Inc.'s ability to extend its decades-old trademark rights on "Apple Music" for gramophone records to live music performances.
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.
JD Supra Law
JULY 6, 2023
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance developments that have taken place in the final quarter of 2022.
IP Law 360
JULY 6, 2023
A New York federal judge on Thursday refused artist Richard Prince's bid to partly reconsider an order denying him summary judgment in an infringement suit brought by a photographer claiming he stole imagery for an Instagram-inspired art installation.
LexBlog IP
JULY 6, 2023
The USPTO will mail a “Notice of New or Revised Publication Date” if a publication date of the application changes by more than six weeks due to processing delays, a secrecy order being removed, or subsequent to the revival of an abandoned application. If the publication date is changed, or the application is not to be published because the application is abandoned and the abandonment is recognized more than nine weeks before the projected publication date, then the Notice of Abandon
IP Law 360
JULY 6, 2023
A top lawyer for Twitter owner Elon Musk says the platform has "serious concerns" that Facebook parent Meta hired "dozens of former Twitter employees" in order to build its new "copycat" Threads app — accusations that Meta denies.
LexBlog IP
JULY 6, 2023
In the last week, seven adalimumab biosimilars referencing HUMIRA entered the U.S. market: Boehringer Ingelheim’s CYLTEZO (adalimumab-adbm); Sandoz’s HYRIMOZ (adalimumab-adaz); Organon and Samsung Bioepis’s HADLIMA (adalimumab-bwwd); Coherus Biosciences’s YUSIMRY (adalimumab-aqvh); Celltrion’s YUFLYMA (adalimumab-aaty); Fresenius Kabi’s IDACIO (adalimumab-aacf); and Biocon’s HULIO (adalimumab-fkjb).
IP Law 360
JULY 6, 2023
Trademark lawyers tell Law360 that a recent precedential ruling from the Federal Circuit that took critical shots at a Trademark Trial and Appeal Board finding could "entirely change" the way the board looks at the conceptual strength of trademarks and make defending marks there even more expensive.
LexBlog IP
JULY 6, 2023
As we previously reported , in December 2022, Biocon Biologics Ltd. (a subsidiary of Biocon Ltd.) had completed acquisition of the global biosimilars business of its long-term partner Viatris, Inc. This week Biocon announced that it had “completed the integration of the acquired biosimilars business in over 70 countries in Emerging Markets effective July 1, 2023, increasing the scale and scope of its business.” According to Biocon, Viatris’s commercial portfolio of biosimilars,
IP Law 360
JULY 6, 2023
Kasowitz Benson Torres LLP announced Thursday it has welcomed back Hatch-Waxman Act and biosimilar litigation veteran Jayadeep "Jay" R. Deshmukh as a partner in its New York office, six months after Deshmukh departed the firm to take a role at Greenberg Traurig LLP.
JD Supra Law
JULY 6, 2023
In today’s global economy, emerging companies often enter into agreements with vendors, suppliers, partners, distributors, and other individuals or entities in different countries that require licenses or transfers of intellectual property (IP agreements). Engaging in cross-border transactions can provide opportunities to expand into new markets, establish a cost-effective supply chain and obtain access to new and advanced technologies.
IP Law 360
JULY 6, 2023
O'Melveny & Myers LLP has grown its intellectual property and technology practice with the addition of a former top official with the U.S. Patent and Trademark Office, the firm said Thursday.
JD Supra Law
JULY 6, 2023
Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in your fight against retail theft and counterfeiting on online marketplaces.
IP Law 360
JULY 6, 2023
A California federal judge has rebuffed a bid by Costco and other big-box retailers to toss a fabric company's copyright suit over a purportedly poached floral print, finding that the fabric designer had adequately pled infringement at this stage of litigation.
JD Supra Law
JULY 6, 2023
To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called “Bad Spaniels”, parodying a bottle of Jack Daniel’s whiskey, was found not entitled to First Amendment protection. But that’s not what the Court said, nor is it the question the Court was asked.
LexBlog IP
JULY 6, 2023
When it comes to advertising disputes, there are relatively few substantive decisions to inform best practices. The relevant law boils down to whether a claim constitutes “misleading or deceptive advertising,” which means plaintiffs and defendants typically find it in their best interest to settle rather than face the uncertainty of trial.
JD Supra Law
JULY 6, 2023
The Supreme Court will not consider a challenge to the proper scope of AIA statutory estoppel, leaving the Federal Circuit’s governing interpretation in place. The Court’s June 26, 2023 order list denied the pending petition for certiorari in Apple, Inc. v. California Institute of Technology, Cert. Pet. 22-203 (2022).
LexBlog IP
JULY 6, 2023
Interesting Patents | Revolutionizing Interaction in Virtual Reality: Sony’s New Peripheral Tracking System by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.
JD Supra Law
JULY 6, 2023
In this episode of Trending Now - An IP Podcast, Janet Cho and Elizabeth Davenport discuss what many trademark applicants and registrants are experiencing firsthand – the increase of fraudulent solicitations. An ever-evolving subject, Janet and Elizabeth touch upon what to expect and what to do when you receive one of these solicitations.
LexBlog IP
JULY 6, 2023
The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v. Acuff-Rose Music established this transformative use analysis when it said that the first fair use factor is an inquiry into whether “the new wo
JD Supra Law
JULY 6, 2023
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
Likelihood of Confusion
JULY 6, 2023
CNET News / Reuters: The makers of Scrabble have asked Facebook to remove a popular online version of the word game, Scrabulous, which they say infringes their copyright. The U.S. The post Not so Scrabulous appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JULY 6, 2023
The Supreme Court decided the extraterritorial reach of two provisions of the Lanham Act prohibiting trademark infringement. Abitron appealed the Tenth Circuit’s decision that the Lanham Act extended to Abitron’s foreign infringing conduct. The Supreme Court vacated and remanded the decision, explaining that the provisions of the Lanham Act extend only to claims where the infringing use in commerce is domestic in consideration of (1) the presumption against extraterritoriality, (2) precedent.
The IP Law Blog
JULY 6, 2023
The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v. Acuff-Rose Music established this transformative use analysis when it said that the first fair use factor is an inquiry into whether “the new work mer
JD Supra Law
JULY 6, 2023
The Supreme Court of the United States recently considered whether portions of the Lanham Act that relate to trademark infringement can be applied to conduct that takes place outside the United States. Abitron Austria GmbH et al. v. Hetronic International, Inc., 600 U.S. , (2023) (slip op.). Five of the justices agreed: The Lanham Act has no extraterritorial reach and instead applies only where “the claimed infringing use in commerce is domestic.”.
The TTABlog
JULY 6, 2023
The May-June 2023 (Vol. 113 No. 3) issue of The Trademark Reporter (TMR) has arrived. [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "This issue offers our TMR readers an article guiding brand owners and professionals through the case law on special remedies for counterfeiting under the Lanham Act, an article exploring the tension between trademarks that contravene “public policy” and “morality” and freedom of expression under the laws of the European
JD Supra Law
JULY 6, 2023
Medytox, Inc. v. Galderma S.A., Appeal No. 2022-1165 (Fed. Cir. June 27, 2023) In this week’s Case of the Week, the Federal Circuit upheld an application by the Patent Trial and Appeal Board of its Pilot Program concerning motions to amend practice and procedures (the “Pilot Program”), which patent owner/appellant Medytox challenged under the Administrative Procedures Act.
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