Intellectual Property Law Blog

JUNE 16, 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

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

TorrentFreak

JUNE 16, 2023

Legal video streaming services such as Amazon, Disney, and Netflix are booming. At the same time, there’s a flourishing dark market of pirate streaming tools. These unauthorized alternatives increasingly use slick designs and easy-to-use apps to appeal to a broad audience. And unlike the legal options, they offer all popular titles under the same roof, without charging a penny.

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Television Copyright Infringement Copyright Reporting 130

JD Supra Law

JUNE 16, 2023

The Federal Trade Commission (FTC) announced the INFORM Act will take effect on June 27. Businesses with an online presence should understand what the new law means and how to prepare to avoid penalties. See Gibney’s prior update for more details on the Act requirements.

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TorrentFreak

JUNE 16, 2023

In November 2018, DISH Network filed a copyright complaint against Jadoo TV, a distributor of self-branded set-top IPTV boxes and later various software apps. DISH also sued Jadoo TV CEO, Sajid Sohail. The complaint described Jadoo TV’s operation as a “wide-ranging, deliberate, multi-year effort” to distribute the plaintiffs’ exclusively-licensed TV channels without authorization.

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Copyright Infringement Copyright Branding Brands 115

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

SpicyIP

JUNE 16, 2023

Image from here [ This guest post is authored by Amit Tailor. Amit is a postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S. Nagar (Mohali) and LL.B. from Faculty of Law, Maharaja Sayajirao University of Baroda (MSU), Vadodara. He has also completed his graduation in Pharmacy from MSU, Vadodara.

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Patent Invention Patent Application IP 94

Michael Geist

JUNE 16, 2023

The fallout from Bill C-11 has been the subject of several posts this week, including the demands from a wide range of services for exceptions to the law and warnings from streaming services such as PBS and AMC that they may block the Canadian market due to the regulatory burden imposed by the law. While those stories focus on the availability of services and content in Canada, a new Variety report points to another negative impact from the bill: less film and television production in Canada, at

Television 92

Television Government Reporting Marketing 92

Technology & Marketing Law Blog

JUNE 16, 2023

This case involves a customer’s Amazon review asserting that a merchant sold fake goods. The merchant sued Amazon (pro se) for defamation based on the review. The 11th Circuit easily dismisses the claim per Section 230. ICS Provider. “Amazon’s website allows customers to view, purchase, and post reviews online, and therefore provides computer access by multiple users similar to an online message board or a website exchange system.” [Jargon note: I have no idea what a R

Litigation 79

Litigation Publishing Blogging Government 79

IP Law 360

JUNE 16, 2023

A California federal jury found on Friday that a Houston-based urologist and others stole trademark secrets from rival Beverly Hills urologist Dr. James Elist related to a cosmetic penile implant, and also invalidated two patents that Elist alleged were based on his stolen secrets.

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Trademark Patent 75

IP Watchdog

JUNE 16, 2023

On June 14, a series of 17 music publishers, members of the National Music Publishers’ Association (NMPA), filed a lawsuit in the Middle District of Tennessee against the social media platform, Twitter.

Copyright Infringement 69

Copyright Infringement Music Publishing Social Media 69

IP Law 360

JUNE 16, 2023

The Canadian company behind patent licensing business Wi-LAN has sold off most of those assets for nearly $71.5 million to a joint venture run by a pair of New York investment firms.

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Licensing Business Patent 75

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

Trading Secrets

JUNE 16, 2023

Wednesday, June 21, 2023 3:00 p.m. to 4:00 p.m. Eastern 2:00 p.m. to 3:00 p.m. Central 1:00 p.m. to 2:00 p.m. Mountain 12:00 p.m. to 1:00 p.m. Pacific REGISTER HERE In today’s digital age, trade secrets are an essential asset for businesses to stay ahead of the competition. As businesses continue to operate remotely, protecting trade secrets has become increasingly important.

Confidentiality 64

Confidentiality Business Privacy Litigation 64

IP Law 360

JUNE 16, 2023

A California federal judge has slimmed down a security services company's suit claiming a rival company was unfairly trying to compete, narrowing a trademark claim and copyright claim.

IP 75

IP Trademark Copyright 75

Patently-O

JUNE 16, 2023

by Dennis Crouch Roku’s recently filed en banc petition begins with an intriguing statement: “What should have been a garden-variety substantial-evidence appeal has produced a dangerous obviousness precedent—one as far-reaching as it is misguided.” [ Roku, Inc. v. Universal Electronics, Inc., Docket No. 22-01058 (Fed. Cir.) (en banc petition) ] An every day part of patent practice is arguing about whether a cited prior art reference teaches a particular claim limitation.

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Law Art Patent Invention 62

IP Law 360

JUNE 16, 2023

Last week in Chancery Court, an aircraft suit crashed, a football suit sailed out of bounds, and shareholders made up with a cosmetics company. The Chancery also registered new cases involving used cars and self-driving trucks. In case you missed it, here's a recap of all the top news out of Delaware's Chancery Court.

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Patently-O

JUNE 16, 2023

by Dennis Crouch The USPTO began establishing satellite offices a decade ago to expand beyond the traditional Alexandria (Washington DC) headquarters. We now have offices in Detroit, Dallas, Denver, and San Jose. Last year, Congress voted to further expand the decentralization by at least one more. The Unleashing American Innovators Act of 2022 (UAIA) mandates creation of a Southeast Regional Office (SERO).

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Inventor Patent Application Government Patent 62

IP Law 360

JUNE 16, 2023

The past week in London has seen former Everton FC manager Carlo Ancelotti hand the Premier League club a red card in a commercial contracts claim, law firms Pinsent Masons and McGrigors hit with a pensions lawsuit from 14 vehicle sale and rental companies, and Dana Petroleum fire up a claim against Waldorf Energy over its acquisition from Korean National Oil Corp.

Litigation 75

Litigation Contracts Law 75

JD Supra Law

JUNE 16, 2023

New York is poised to join the growing number of states enacting legislation to curtail the use of non-compete agreements by employers. On June 7, 2023, the New York State Senate voted to pass Bill No. S3100A, which, if enacted, would ban all post-employment non-compete agreements, along with Bill No. S6748, which is generally aimed at preventing the establishment of monopolies, monopsonies, and restraints of trade by, among other things, curtailing the use of non-compete agreements.

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IP Law 360

JUNE 16, 2023

A New York federal judge on Friday said the sculptor behind the iconic "Fearless Girl" statue and State Street Global Advisors Trust Co., which commissioned its creation, both breached their agreements, deciding on some claims in their yearslong dispute and reserving others for trial.

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JD Supra Law

JUNE 16, 2023

Among the various types of AI-generated works that are being created and marketed nowadays are works that replicate the sound or visual images of specific artists. In many cases, these works, or the models or tools that helped generate them, are marketed using the original artists’ names.

Marketing 59

Marketing Marketing 59

IP Law 360

JUNE 16, 2023

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, guitar maker Gibson Brands is trying to block rival Paul Reed Smith from registering a trademark it says is associated with its iconic Les Paul guitar — plus three other cases you need to know.

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Branding Brands Branding Trademark 75

IP Tech Blog

JUNE 16, 2023

“You have the Truman Show versus a horror show,” said litigation legend Lisa Blatt during oral arguments in Gonzalez v. Google. Gonzalez is one of two cases recently decided by the Supreme Court dealing with the imposition of liability on websites that host user-generated content (UGC) for the actions of their users. But more broadly, many viewed the cases as asking the Justices to determine if we can hold the creators of technology responsible for the consequences of their creations.

Social Media 57

Social Media Technology Advertising Advertising 57

JD Supra Law

JUNE 16, 2023

The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog.

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Fair Use Blogging Law IP 55

IP Law 360

JUNE 16, 2023

Seyfarth Shaw LLP is growing its West Coast trademark practice by bolstering its Seattle office, drawing a longtime partner from Davis Wright Tremaine LLP with brand enforcement experience.

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Branding Brands Branding IP 52

JD Supra Law

JUNE 16, 2023

In the last ten years, more data and greater computing power have led to a boom in AI-related patent applications, with life and medical sciences emerging as a top application field. In 2021, more than 100 applications submitted to the US Food and Drug Administration contained artificial intelligence and machine learning (AI/ML) components.

Patent Application 55

Patent Application Patent 55

LexBlog IP

JUNE 16, 2023

“You have the Truman Show versus a horror show,” said litigation legend Lisa Blatt during oral arguments in Gonzalez v. Google. Gonzalez is one of two cases recently decided by the Supreme Court dealing with the imposition of liability on websites that host user-generated content (UGC) for the actions of their users. But more broadly, many viewed the cases as asking the Justices to determine if we can hold the creators of technology responsible for the consequences of their creations

Technology 52

Technology Social Media Advertising Advertising 52

JD Supra Law

JUNE 16, 2023

Supreme Court Rules in Favor of Jack Daniel’s Over ‘Spoofed’ Bad Spaniels Dog Toy - The Second Circuit’s 1989 Rogers test sets an elevated standard for proving trademark infringement, for the purpose of protecting First Amendment interests, when a trademark is used in “works of artistic expression.” Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989).

Trademark 55

Trademark 55

LexBlog IP

JUNE 16, 2023

The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here.

Fair Use 52

Fair Use Blogging Law IP 52

JD Supra Law

JUNE 16, 2023

In a unanimous decision1 issued on June 8, 2023, the United States Supreme Court sided with liquor giant Jack Daniel’s in a trademark dispute involving whiskey and dog toys, “two items seldom appearing in the same sentence.” In doing so, the Court ruled that a party may not use a trademark to designate its own goods and avoid a trademark infringement claim by arguing that the product is expressive or a form of parody.

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Trademark Designs Design 55

LexBlog IP

JUNE 16, 2023

Wednesday, June 21, 2023 3:00 p.m. to 4:00 p.m. Eastern 2:00 p.m. to 3:00 p.m. Central 1:00 p.m. to 2:00 p.m. Mountain 12:00 p.m. to 1:00 p.m. Pacific REGISTER HERE In today’s digital age, trade secrets are an essential asset for businesses to stay ahead of the competition. As businesses continue to operate remotely, protecting trade secrets has become increasingly important.

Confidentiality 52

Confidentiality Business Intellectual Property 52

JD Supra Law

JUNE 16, 2023

In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss. The case joins a recent trend of litigation surrounding generative Artificial Intelligence (AI) tools and centers on Copilot, which assists end users with writing blocks of code using AI technology.

Licensing 55

Licensing Litigation Technology 55

LexBlog IP

JUNE 16, 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

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

JD Supra Law

JUNE 16, 2023

Can an alleged trademark infringer avoid the likelihood-of-confusion test by claiming its use is an “expressive work”? In Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. __ (2023), the Supreme Court recently rejected such a defense, holding that when a defendant uses another’s trademark as a source identifier for its own goods, the First Amendment offers no protection.

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Trademark 55

Olartemoure Blog

JUNE 16, 2023

The Congress approved a new regulation that seeks to exonerate victims from paying unsolicited financial credits and avoid negative reports in credit bureaus, because of these. Under this new legislation, the victim must notify the entity that he/she has been a victim of this crime. In addition, within the following 20 days, the victim must file a complaint to the Prosecutor’s Office.

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Intellectual Property Reporting Privacy 52

LexBlog IP

JUNE 16, 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

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

Olartemoure Blog

JUNE 16, 2023

On June second, the Ministry of Health issued the Resolution No. 0090881 of 2023, initiating ex officio the administrative procedure for the Declaration of Public Interest with the purpose of compulsory licensing four patents related to medications containing the active ingredient Dolutegravir. This active ingredient is used in the treatment of Human Immunodeficiency Virus (HIV) and the title holders of the patents are VIIV HEALTHCARE COMPANY y SHIONOGI & CO., LTD.

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Patent Intellectual Property Licensing Government 52