The IPKat

JUNE 19, 2023

This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection , edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). As the title suggests, this edited collection assembles examples of disputes that highlight IP at its most extreme, taking it to, what the editors refer to as “sometimes absurd outcomes which an unjustified overprotection of intellectual property may lead to.

Intellectual Property 135

Intellectual Property Editing IP Publishing 135

TorrentFreak

JUNE 19, 2023

Straight answers in response to straight questions is far from the default position in Hollywood where piracy is concerned. The topic is always controversial, and most of the interesting questions have answers that have the potential to make it even more so. Whether the details will ever see the light of day is unclear, but the discussions that led to Hollywood ending theatrical releases in Russia in response to the invasion of Ukraine must’ve been fascinating.

Cinema 122

Cinema Marketing Marketing Copying 122

IP Watchdog

JUNE 19, 2023

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications. To understand the impact, this article provides a background on how the European Patent Office (EPO) and UPC consider earlier national rights, how patent applicants can address earlier

Patent Application 122

Patent Application Patent Litigation Patent Prosecution 122

TorrentFreak

JUNE 19, 2023

The World Cup only takes place every four years so when the opportunity to see the world’s best players arrived again last year, an estimated 1.5 billion eventually tuned in to see the elite square off in the final. Millions cheered on the French national team as the defending champions pursued glory against Argentina. After the French lost in a dramatic penalty shoot-out, for some it became a tournament to forget.

Social Media 120

Social Media Reporting Television Advertising 120

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?

Technology

JD Supra Law

JUNE 19, 2023

Notwithstanding the robust protection it provides in many other contexts, Section 230 may not protect online platforms developing generative AI systems from legal liability arising from false information produced by their products. Neither the courts nor Congress have yet provided reliable legal guidance on generative AI in the United States, but a Georgia state court defamation case and newly introduced legislation in the Senate present opportunities to change that.

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TorrentFreak

JUNE 19, 2023

Over the past decade, mobile applications have become the standard platform for most people to consume content online. Whether it’s for shopping, news, or entertainment, there is an app available for any type of content. This shift in consumption patterns is not limited to legal content; movie and TV piracy has gone mobile as well. In some cases, these pirate streaming apps can be found in official app stores, reaching an audience of millions of users.

Advertising 112

Advertising Advertising Business Privacy 112

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm. Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of real-world assets.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP.com

JUNE 19, 2023

After legislation passed in 2013 prohibited patents on naturally occurring genes and invalidated previously issued patents, the process for gene patenting has become much more regulated.

Invention 98

Invention Patent Litigation 98

43(B)log

JUNE 19, 2023

Xfinity Mobile v. Globalgurutech LLC, 2023 WL 3998459, No. CV-22-01950-PHX-SMB (D. Ariz. Jun. 14, 2023) I’ve been thinking a lot after Jack Daniel’s about the role of common sense in trademark. Judge Leval in scholarship, Trademark: Champion of Free Speech , 27 Colum. J. L. & Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights.

Fair Use 81

Fair Use Trademark Advertising Advertising 81

The IPKat

JUNE 19, 2023

It is generally understood in trade mark jurisprudence that distinctiveness is a hallmark of trade mark registration and protection. In this regard, trade mark disclaimers exist to ‘free up’ non-distinctive and/or insufficiently distinctive parts of a trade mark while saving the parts of such mark that are distinctive. Following from this, a trade mark proprietor would not be permitted to sue for infringement in respect of the use of a disclaimed feature.

Registration 78

Registration Business 78

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.

Patent

Velocity of Content

JUNE 19, 2023

Long before ChatGPT arrived on the hype cycle, Martin Delahunty was considering what AI technology could mean for scholarly publishing; how it might change processes developed over centuries: and how publishers should react. In 2019 – a long time ago in robot years – he asked in the European Medical Writers Association journal , “Will medical writers be replaced by robots?

Publishing 72

Publishing Journalism Technology Copyright 72

43(B)log

JUNE 19, 2023

JUUL Labs, Inc. v. Chou, F.Supp.3d -, No. CV 21-3056 DSF (PDx), 2023 WL 3886046 (C.D. Cal. Jun. 8, 2023) Juul, which makes vaping products including charging docks/cases and cables for the main devices, sued defendants for trademark infringement and counterfeiting. After a bench trial, the court found defendants liable for some counterfeiting/infringement, but also rejected claims to the extent that they were based on product listings that merely suggested compatibility with Juul products—a care

Branding 64

Branding Brands Branding Trademark 64

JD Supra Law

JUNE 19, 2023

In a closely watched trademark infringement case, the Supreme Court of the United States held that when an alleged infringer uses a trademark as a source identifier for the infringer's own products, the First Amendment does not require a threshold inquiry like the Rogers test.

Trademark 62

Trademark 62

43(B)log

JUNE 19, 2023

Goodwin v. Walgreens, Co., No. CV 23-147-DMG (PDx), 2023 WL 4037175 (C.D. Cal. Jun. 14, 2023) This case is part of a wave of “false differentiation” cases that has been achieving at least some success in avoiding dismissal. Goodwin alleged the usual California statutory and common law claims against Walgreens for its sale of “Cough DM” products that differentiate between adults and children on the label.

Law 59

Law False Advertising Advertising Advertising 59

IP Law 360

JUNE 19, 2023

Law360 is pleased to announce the Rising Stars of 2023, our list of 183 attorneys under 40 whose legal accomplishments belie their age.

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The IPKat

JUNE 19, 2023

Earlier this year, the Enlarged Board of Appeal (EBA) published its decision G 2/21 on the issue of post-published evidence. The question in G 2/21 was whether post-published evidence can be used to support a purported technical effect relied on for inventive step. In G 2/21 , the EBA reiterated existing case law that, for a technical effect relied on for inventive step, what matters is what the skilled person would understand (in view of common general knowledge) from the application as filed.

Invention 57

Invention Art Publishing Patent 57

JD Supra Law

JUNE 19, 2023

Summer is finally kicking into gear, but the Federal Circuit isn’t on vacation yet. Last week the Court issued several interesting decisions—including our case of the week, which analyzes the nexus requirement for objective evidence of nonobviousness.

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WIPO Magazine

JUNE 19, 2023

One in three of us will get cancer in our lifetime, but with early detection, cure rates are improving. CEO and founder of Lucence, Dr. Min-Han Tan, explains how the company’s ground-breaking technology is improving cancer care and cure rates through a simple blood test.

Technology 52

Technology 52

JD Supra Law

JUNE 19, 2023

In Eho360 LLC v. Opalich, an employer sued its former employee for breaching fiduciary duties and other related claims regarding the former employee setting up a competing business. No. 3:21-CV-0724-B, 2023 U.S. Dist. LEXIS 45076 (N.D. Tex. March 17, 2023). The employee filed a motion for summary judgment, which the district court denied.

Business 52

Business 52

LexBlog IP

JUNE 19, 2023

ANPRNM Comments Due Today Today is the comment deadline on the USPTO’s recent Advanced Notice of Proposed Rulemaking (ANPRM). To date some 10,000 comments have been submitted. At first blush the volume may seem impressive. Turns out, however, that the overwhelming majority of comments appear to be from random individuals spamming the agency with automated form submissions.

Art 52

Art Settlement Litigation Technology 52

IP Law 360

JUNE 19, 2023

Hans Mayer of Knobbe Martens helped drink maker Orange Bang secure a $175 million victory in a trademark dispute over energy drinks, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Trademark Law 52

JD Supra Law

JUNE 19, 2023

First, we start by defining the term “trade secret.” The Restatement (First) of Torts, a widely cited legal treatise, states that “a trade secret may consist of any formula, pattern, device or compilation of information which is used in one’s business, and which provides an opportunity to obtain an advantage over competitors.”.

Business 52

Business 52

Likelihood of Confusion

JUNE 19, 2023

Dennis Crouch has them now, if you like that sort of thing. Law blogs and legal recruiting — perfect together! Originally posted 2014-04-09 07:50:23. Republished by Blog Post Promoter The post Patent jobs appeared first on LIKELIHOOD OF CONFUSION™.

Patent 52

Patent Blogging Law 52

JD Supra Law

JUNE 19, 2023

BLUE GENTIAN, LLC v. TRISTAR PRODUCTS, INC - Before Prost, Chen, and Stark. Appeal from the United States District Court for the District of New Jersey. - Summary: Alleged joint inventor contributed significantly to conception where patent owner relied on contributed features to distinguish the invention from prior art.

Inventor 52

Inventor Invention Art Patent 52

Intepat

JUNE 19, 2023

Introduction Intellectual Property refers to those intangible assets which are created by virtue of the human intellect. The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. IP assets are primarily directed towards economic gain, either directly or indirectly.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

JD Supra Law

JUNE 19, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 2 On Your Tennessee Carpet” does not receive special First Amendment treatment where the accused infringer used the trademarks at issue to designate

Designs 52

Designs Design Branding Brands 52

Michael Geist

JUNE 19, 2023

With Parliament set to break this week for the summer, this week’s Law Bytes podcast provides a half-year report on what happened over the past six months. At the start of the year, I focused on five issues in 2023 preview : the role of Canadian Heritage, the increasing tensions over digital policy, the emergence of private members bills, wireless policy disputes, as well as privacy and AI regulation.

Reporting 52

Reporting Privacy Law 52

JD Supra Law

JUNE 19, 2023

In a rare exercise of authority, the PTAB issued sanctions against a Patent Owner for failure to meet its duty of candor and good faith by withholding information relevant to the patentability of challenged and substitute claims in Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC, IPR2021-00847, IPR2021-00850, IPR2021-00854, IPR2021-00857, IPR2021-00860.

Patent 52

Patent 52

azrights

JUNE 19, 2023

Last week I mentioned that Tesco lost the benefit of its million-pound marketing spend because it used the Clubcard name instead of a stronger name like Tescocard. If you missed it you can read it on the Azrights blog A million-pound mistake? Although Tesco received an inadequate service from its advertising agency, chances are that at the time, Tesco didn’t realise its agency had delivered a poor service!

Branding 52

Branding Brands Branding Business 52

JD Supra Law

JUNE 19, 2023

The Biden administration is stressing its interest in the rapid adoption of policies to shape the development and adoption of artificial intelligence (AI) technologies. The White House Office of Science and Technology Policy (OSTP), part of the Executive Office of the President, has issued a Request for Information (RFI) on National Priorities for Artificial Intelligence to request public comment on priorities for development of a national artificial intelligence strategy.

Technology 52

Technology 52

azrights

JUNE 19, 2023

As a law firm owner I regularly hear about the problems businesses experience around IP. While their individual circumstances vary hugely, the IP mistakes they make are common and easily avoidable. The reason these IP mistakes are widespread is that they occur very early on when new businesses or projects are initiated. Well before people even think of consulting lawyers to protect their IP they might have compromised their IP position.

Business 52

Business Designs Design IP 52

JD Supra Law

JUNE 19, 2023

The Orrin G. Hatch–Bob Goodlatte Music Modernization Act, or Music Modernization Act (“MMA”), signed into law on October 11, 2018, has transformed the music streaming industry in the years since its implementation. The legislation was passed with the aim of modernizing copyright issues related to audio recordings and adapting to new technologies, such as digital streaming.

Music 52

Music Technology Copyright Law 52

azrights

JUNE 19, 2023

Tesco probably didn’t initially realise the wider ramifications of using the Clubcard name, so may have been satisfied with its advertising agency. However, clients who are initially satisfied with a service can later become dissatisfied once they learn more about branding… This happened to me. Nearly 10 years ago a designer acquaintance approached me to offer her “brand refresh” service.

Branding 52

Branding Brands Branding Designs 52

JD Supra Law

JUNE 19, 2023

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the Court of Federal Claims.

Litigation 52

Litigation 52

azrights

JUNE 19, 2023

Tesco made a big mistake when it launched its innovative loyalty card scheme under a name it could not own. The company tried in vain to register Clubcard as a trademark. Unless a business has intellectual property protecting its innovation, such as a trademark, patent, copyright, design, or trade secret, competitors are free to copy its differentiation strategy immediately.

Branding 52

Branding Brands Branding IP 52