Thu.Apr 11, 2024

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How we stack up against others offering trademark services

Erik K Pelton

We recognize that business owners have a choice when it comes to protecting their brand and who they hire to work with them. We stack up differently against most others in the field of trademarks. To the best of our knowledge, no one else offers the same suite of characteristics that we have at EMP&A, see below: The post How we stack up against others offering trademark services appeared first on Erik M Pelton & Associates, PLLC.

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3 Count: Not Functioning Today

Plagiarism Today

X denies claims in copyright infringement lawsuit, controversial NFT site shutters and AEW files takedown against journalist. The post 3 Count: Not Functioning Today appeared first on Plagiarism Today.

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Schiff Introduces Bill to Mandate Disclosure of Copyrighted Content Used to Train GAI Models

IP Watchdog

On April 9, Representative Adam Schiff (D-CA) introduced the Generative AI Copyright Disclosure Act of 2024 into the U.S. House of Representatives. The bill, which would require generative artificial intelligence (AI) platforms to disclose their use of copyrighted works in training AI models with retroactive effect, comes after months of growing concerns by the global creative community over the misappropriation of original works of authorship by companies collecting such content without prior a

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Medium Sets New Policies on AI-Generated Writing

Plagiarism Today

The onilne writing website Medium has announced new policies for AI-generated text This includes a ban on AI content behind the paywall. The post Medium Sets New Policies on AI-Generated Writing appeared first on Plagiarism Today.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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‘Pirated’ TikTok Clips Help to Promote TV Series, Research Finds

TorrentFreak

The debate over whether copyright infringement cannibalizes legitimate media consumption has been dragging on for several decades now. The issue has been researched extensively with both positive and negative effects being reported, varying based on the type of content and the ‘piracy’ source, among other variables. By now, most experts would agree that watching a new blockbuster on a pirate streaming site isn’t going to magically benefit legitimate sales.

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FDA Approves BMS and J&J CAR-T Cell Therapies for the Earlier Treatment of Multiple Myeloma

JD Supra Law

On April 4, 2024, Bristol Myers Squibb (“BMS”) and 2seventy bio, Inc. announced that the FDA has approved ABECMA (idecabtagene vicleucel) for the treatment of adult patients with relapsed or refractory multiple myeloma after two or more prior lines of therapy including an immunomodulatory agent (IMiD), a proteasome inhibitor (PI), and an anti-CD38 monoclonal antibody.

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Lessons From the License to Drive (and Protect) Sports Illustrated

JD Supra Law

For years, Sports Illustrated (SI) has provided exclusive, in-depth looks into some of sports’ greatest games and players, with its voice and visuals providing great entertainment and information for sports fans around the world. As an example, a signed 1975 SI cover of Muhammed Ali and Joe Frazier is one of my most prized pieces of memorabilia. Meanwhile, I first learned about LeBron James when he graced Sports Illustrated’s cover in 2002.

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11th Circ. Denies Atty DQ Bid From Gold Star Wives

IP Law 360

The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc. to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader.

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Office of Faith-Based and Neighborhood Partnerships Hosted the National Chambers of Commerce Leaders Roundtable

U.S. Department of Commerce

Office of Faith-Based and Neighborhood Partnerships Hosted the National Chambers of Commerce Leaders Roundtable April 11, 2024 KCPullen@doc.gov Thu, 04/11/2024 - 15:12 On April 4, 2023, the Department of Commerce Office of Faith-Based and Neighborhood Partnerships hosted a roundtable with National Chambers of Commerce leaders to streamline access to resources by unlocking whole of Commerce pathways to economic growth, entrepreneurship, and job creation.

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AG Asked To Weigh In On Jack Daniel's TM Dispute

IP Law 360

An Arizona federal judge has certified a constitutional question from VIP Products LLC asking U.S. Attorney General Merrick Garland whether the First Amendment supports the Lanham Act provision authorizing injunctive relief in cases of trademark dilution by tarnishment.

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IPO Diversity in Innovation Toolkit

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.

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Community Partner Spotlight: National Association of Voice Actors (NAVA)

Copyright Alliance

Today, we turn the spotlight over to one of our community partners, the National Association of Voice Actors (NAVA). They are a non-profit organization that seeks to “advocate and promote […] The post Community Partner Spotlight: National Association of Voice Actors (NAVA) appeared first on Copyright Alliance.

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Inventor Says AI Art Merits Copyright Despite US Gov't Stance

IP Law 360

An artificial intelligence inventor has bashed the U.S. Copyright Office's arguments that art created by his AI system is not copyrightable because the machine is not human, telling the D.C. Circuit that the government cannot overcome the fact that the work exists, it's original and it qualifies for registration, regardless of its origin.

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USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

JD Supra Law

The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). As a follow up, the USPTO has now published additional guidance in the Federal Register on some important issues that patent and trademark professionals, innovators, and entrepreneurs must navigate while using artificial intelligence (AI) in.

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Guest post by Prof. Holbrook: Extraterritoriality and Patent Damages Under § 271(a)

Patently-O

Guest post by Tim Holbrook. Robert B. Yegge Endowed Distinguished Professor of Law and Provost’s Professor, University of Denver Sturm College of Law. United States patents are generally territorial. Their exclusive rights only operate within the United States and its territories. Or so one may think reading the Patent Act. Moreover, in a global marketplace, the territorial nature of intellectual property rights can create challenges.

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ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

JD Supra Law

The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have jurisdiction to alter or cancel trademark applications in an action properly brought under 15 U.S.C. § 1119, and that in the context of challenges to intent-to-use (ITU) applications, proof of a lack of bona fide intent can invalidate.

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Doing Business Under a Business Alias or Assumed Name - Cogency Global

Cogency Global

What this is : There are various reasons why a company might consider using a business alias or assumed name , including to more accurately reflect the goods and services they offer. What this means : While there are certainly many good reasons to use an alias, it is also crucial that companies comply with assumed name laws, as not doing so could result in civil or criminal penalties.

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Reasonable Royalty Available for Foreign Activities (But Not This Time)

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a patent owner from seeking damages based on method claims infringed outside of the United States but confirmed that reasonable royalties are available based on foreign activities. Harris Brumfield v. IBG LLC, Case No. 22-1630 (Fed. Cir. Mar. 27, 2024) (Prost, Taranto, Hughes, JJ.).

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Exploring Patent Trends In Aerospace Electrification

IP Law 360

As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.

Patent 59
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ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

JD Supra Law

Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the domestic industry (DI) requirement by aggregating its investment across multiple asserted patents. Certain Replacement Automotive Lamps (II), Case No. 337-TA-1292 (USITC Mar. 22, 2024).

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CAFC Panel Splits on Reasonable Expectation of Success Analysis

IP Watchdog

In a precedential decision authored by Judge Lourie, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s final judgment that certain claims of several patents owned by Salix Pharmaceuticals for a drug used to treat irritable bowel syndrome (IBS) and other ailments were invalid as obvious. The CAFC also affirmed an order of the district court that instructed the Food and Drug Administration (FDA) that the effective approval date of generic company Norwich’s Abbreviated N

Patent 59
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A More Secure Future for Doha’s Visionary Metro System

JD Supra Law

Qatar’s capital city, Doha, has rapidly established itself as a hotbed of innovation and connectivity, and no project more perfectly embodies the new Qatari ambition than its Doha Metro initiative. Now one of the most advanced rail transit systems in the world, the $36bn project became operational in 2019 in time for the 2022 FIFA World Cup thanks to an international consortium of companies.

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BREAKING: Jury Frees Urban Outfitters From Trade Secrets Suit

IP Law 360

Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.

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[Audio] Trade Secret Litigation: The Power of Protection

JD Supra Law

If, as the saying goes, an ounce of prevention is worth a pound of cure, then the insight provided by our Trade Secret Litigation team is weighty counsel that clients are wise to heed. Our attorneys’ understanding of the strength of nondisclosure agreements has led to successful litigation for business owners, while outcomes in certain jurisdictions highlight the misappropriation of ideas claim as an alternative winning route.

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"MEET THE BLOGGERS" Postponed Until 2025

The TTABlog

Marty Schwimmer and yours truly, the TTABlogger , have decided to postpone our next MEET THE BLOGGERS get-together until next year. For some reason, I think it will be in Philadelphia. Does that ring a bell? In any event, we hope to see y'all in Atlanta next month. MEET THE BLOGGERS - San Diego 2005 (Click on photo from larger picture) Read comments and post your comment here.

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PTO Stands by Patent Fee Increases

JD Supra Law

The US Patent & Trademark Office (PTO) issued a notice of rulemaking announcing proposed patent fee increases beginning next year. 89 Fed. Reg. 23226 (April 3, 2024). The proposed increases are generally consistent with the PTO’s May 2023 proposal.

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NPE Patent Suits Up 24% In First Quarter Of 2024

IP Law 360

Patent lawsuits from nonpracticing entities are on the rise yet again, with many being filed in the Eastern District of Texas, according to a new report.

Patent 59
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Choosing a Strong Trademark: The Foundation for Creating a Distinctive Brand

JD Supra Law

A “trademark” is any word, phrase, logo or design that identifies the source of goods or services. Trademarks are used to distinguish one’s products and services from those of another. The strength of a trademark depends on its distinctiveness. Along the distinctiveness spectrum are five generally recognized categories of trademarks, which are described below from strongest to weakest.

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Fed. Circ. Blocks Alvogen Generic Of Bausch Diarrhea Drug

IP Law 360

The Federal Circuit upheld a decision Thursday that prevents Alvogen from releasing a generic version of Bausch Health's blockbuster diarrhea and brain disease drug Xifaxan until 2029, rejecting Alvogen's bid to launch sooner because it was cleared of infringing some patents.

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Patent Case Summaries | Week Ending April 5, 2024

JD Supra Law

Janssen Pharmaceuticals, Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., Nos. 2022-1258, -1307 (Fed. Cir. (D.N.J.) Apr. 1, 2024). Opinion by Prost, joined by Dyk and Hughes.

Patent 62
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Judge Tells USPTO To Hand Over 'Expanded' Panels List

IP Law 360

A Virginia federal judge has ordered the U.S. Patent and Trademark Office to hand over a list the agency once made of how many Patent Trial and Appeal Board proceedings went before "expanded" panels, a practice that has since been abandoned.

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Revolutionizing the Patent Landscape: Navigating the USPTO’s Bold Fee Overhaul for 2025

JD Supra Law

The United States Patent and Trademark Office (USPTO) has proposed significant changes to patent fee structures for the 2025 fiscal year. These proposed changes mark a pivotal shift in the Office’s financial approach toward patent filings.

Patent 62
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DC Circ. Mulls Jurisdiction In Fight Over Jewish Texts

IP Law 360

The D.C. Circuit is set to decide whether a D.C. federal court can consider a Jewish group's allegations that Russia is illegally holding onto its long-lost sacred religious texts, after hearing arguments early Thursday in the appeal of a case that's been kicking around the lower court's docket for two decades.

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Easy Tiger: Docuseries Summary Judgment Remanded for Further Fair Use Consideration

JD Supra Law

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the defendants. The Tenth Circuit held that the first fair use factor (the purpose and character of the use) weighed in favor of the plaintiffs and remanded for further consideration of the accused infringing work’s effect on the potential market for the copyrighted work.

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Sandoz Says Feds Misclassified Generics As 'Innovator Drugs'

IP Law 360

Pharmaceutical company Sandoz Inc. sued the Centers for Medicare & Medicaid Services in Washington, D.C., federal court on Wednesday, alleging the agency ignored the company's objection to classifying two of its generics as "innovator drugs," which could impact Sandoz's rebate obligations under Medicaid.

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EDVA Judge Finds Driver Scheduling Patents Invalid

JD Supra Law

In a lengthy and detailed opinion, EDVA Judge Hannah Lauck has dismissed a suit alleging infringement of seven patents relating to coordinating drivers to transport vehicles between locations, holding that the patents were not eligible for patent protection under 35 U.S.C. § 101 and Alice Corp. Pty. v. CLS Bank Int’l, 573 U.S. 208 (2014). DriverDo, LLC , d/b/a Draiver v.

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