Plagiarism Today
JUNE 26, 2023
June is pride month, and pride flags have long been crucial symbols during it. But how does copyright and trademark impact those flags? The post Copyright in Pride Flags appeared first on Plagiarism Today.
The IPKat
JUNE 26, 2023
On 2 June 2023, the Unified Patent Court (UPC) received its first patent challenge of its existence. Here is a quick recap about the UPC, and a bit of info on these proceedings! What is the UPC? The UPC is a new patents court which came into force on 1 June 2023, made up of judges who are nationals of EU Member states that are participating in the UPC.
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Plagiarism Today
JUNE 26, 2023
Lana Del Rey settles Summertime Sadness case, Russia may stop blocking pirate websites, and a comedian sues over UK sitcom. The post 3 Count: Summertime Sadness appeared first on Plagiarism Today.
TorrentFreak
JUNE 26, 2023
The Ministry of Digital Development, Telecommunications and Mass Media of the Russian Federation is the government body responsible for the development and implementation of IT policy and regulation. In common with other government departments, ‘MinTsifry’ is working hard to convince business leaders across the country that everything is going according to plan.
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?
IP Watchdog
JUNE 26, 2023
Last week, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) launched the long-awaited legislative campaign to revive the faltering U.S. innovation system, jointly introducing one bill to restore patent eligibility and another to boost patent reliability at the Patent Trial and Appeal Board (PTAB). As the chair and ranking member of the Senate subcommittee on Intellectual Property, they are well-positioned to move these bipartisan bills forward.
Patently-O
JUNE 26, 2023
by Dennis Crouch Though there have been some improvements, initial office actions regularly require a fair amount clean-up and fine-tuning. This process often includes rectifying typographical errors and clarifying loose claim language. It’s also common for the examiner to misconstrue aspects of the invention. However, by the time the final rejection stage is reached, these issues are usually addressed, and the lines of difference are more clearly drawn.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The Trichordist
JUNE 26, 2023
Congress is holding a field hearing on whether to fire the Mechanical Licensing Collective. Here’s some issues they may want to cover.
SpicyIP
JUNE 26, 2023
Last week saw some really interesting discussions on the blog. Swaraj announced the new initiative to discuss the history of IP law on the blog and kickstarted this with informative posts from Shivam Kaushik on Indian copyright history and its entanglement with Berne Convention. Later, Lokesh wrote on a 1958 Allahabad High Court order highlighting the State’s demand for an unconditional apology for copyright infringement.
IP and Legal Filings
JUNE 26, 2023
Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities. However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion.
The IPKat
JUNE 26, 2023
This is my last day as a member of the IPKat team, ending a 15-year journey. During that time, I have been grateful for the opportunity to share with the IPKat community my thoughts on IP within its broader cultural, social, philosophical, commercial, and historical contexts. No other platform could have allowed me to engage in my passion for IP, sometimes in the form of (hopefully) hard-nosed analysis, other times as flights of intellectual fancy, with whispers of "quirky" in the background.
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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.
IP Law 360
JUNE 26, 2023
A television personality seen on shows like "Big Brother" has urged a California federal judge not to toss his right of publicity suit lodged against a European app maker, saying his proposed class action over the company's face-swapping app isn't barred by federal copyright law.
IP Watchdog
JUNE 26, 2023
The U.S. Supreme Court denied the petitions for certiorari in a number of IP cases today, including three the U.S. Solicitor General had recommended rejecting. In Genius v. Google, ML Genius Holdings (Genius) attempted to sue Google for posting song lyrics from its website in Google search results. Genius’s petition asked the High Court to answer the question of whether the Copyright Act’s preemption clause allows a business “to invoke traditional state-law contract remedies to enforce a promise
IP Law 360
JUNE 26, 2023
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
43(B)log
JUNE 26, 2023
World Nutrition Inc. v. Advanced Enzymes USA, 2023 WL 4105345, No. CV-19-00265-PHX-GMS (D. Ariz. Jun. 21, 2023) WNI and defendants AST/Specialty sell enzyme supplement products. WNI and AST sell directly to consumers, while Specialty is a wholesaler that sells to other businesses, including AST. Each side alleged false advertising by the other, primarily that each falsely advertised their products as containing enteric coating, which protects an enzyme from the stomach’s acidic environment and p
IP Law 360
JUNE 26, 2023
Google asked U.S. District Judge William Alsup Friday to undo a $32.5 million jury verdict handed to Sonos in a fight over two smart speaker technology patents, arguing the patents should be invalidated by prior art and the damages award is "fundamentally flawed" and "grossly excessive.
JD Supra Law
JUNE 26, 2023
Whether you operate a large e-commerce company on Amazon, a specialized artisan store on Shopify or Etsy, or a local t-shirt company, all brands producing products resembling famous marks should consider the implications of the seminal Supreme Court ruling in Jack Daniels v. Bad Spaniels.
IP Law 360
JUNE 26, 2023
The rationale for the Ninth Circuit's recent reversal of the plaintiffs' attorney fee award in Lowery v. Rhapsody could spell trouble for those seeking approval of claims-made class action settlements that do not have sufficient financial benefits actually received by class members, or meaningful injunctive or nonmonetary relief, says David Ross at Wilson Elser.
43(B)log
JUNE 26, 2023
A&E Television Networks, LLC v. Big Fish Entertainment, LLC, 2023 WL 4053871, No. 22 Civ. 7411 (KPF) (S.D.N.Y. Jun. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. A&E owns a trademark (for entertainment services) and registered copyrights for Live PD, “which for four years featured live feeds of law enforcement activity across America, along with live narration and commentary from host Dan Abrams and others
IP Law 360
JUNE 26, 2023
The U.S. Supreme Court has refused to hear lyric-driven website Genius' request to clarify the application of a Copyright Act provision that sunk its contract breach suit against Google over music transcriptions.
JD Supra Law
JUNE 26, 2023
Long, long ago, when we clerked for a federal district judge, we handled more than a few prisoner cases. We have to confess that many of the ones we saw were humorous to us, because they alleged a range of perceived slights and personal affronts as violations of their constitutional rights.
Michael Geist
JUNE 26, 2023
Bill C-18 passed the House and Senate and received royal assent last week, leading Meta to confirm that it will be blocking news sharing on its Facebook and Instagram platforms given the economic costs and uncertainty with the law. Meanwhile Google is reportedly in discussions with the government about whether regulations might be crafted in a way to avoid a similar outcome.
JD Supra Law
JUNE 26, 2023
The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.
LexBlog IP
JUNE 26, 2023
On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will take effect by January 1, 2024. The amendments are generally in line with fee increases put forward by CIPO for public consultation earlier this year – approximately a 25% increase, on average, per fee type.
JD Supra Law
JUNE 26, 2023
The USPTO continues to seek public feedback on PTAB procedures and potential rule changes. In addition to soliciting comments on the many proposed rule changes announced on April 21, 2023, the USPTO also recently issued a request for comments seeking public input on the Motion to Amend (MTA) Pilot Program. As discussed in a previous post, the MTA Pilot Program provides a patent owner who files a motion to amend in a trial proceeding under the AIA the option to receive preliminary guidance from.
LexBlog IP
JUNE 26, 2023
By: Zach Schroeder and Courtney Moore* The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.
IP Watchdog
JUNE 26, 2023
This week in Washington IP news, the House IP Subcommittee will look at the impact of the Music Modernization Act five years since its enactment. Elsewhere, the U.S. Copyright Office (USCO) will discuss its latest policy on AI-generated content. Also, the U.S. Patent and Trademark Office (USPTO) is offering guidance on the Trademark Trial and Appeal Board (TTAB) process.
LexBlog IP
JUNE 26, 2023
In a precedential decision, the Trademark Trial and Appeal Board (“Board”) allowed registration of the following design mark for “Casinos,” in International Class 41, and “Hotel, restaurant, and bar services,” in International Class 43 on behalf of the Seminole Tribe of Florida (“Applicant”): In re Seminole Tribe of Fla. , 2023 TTAB LEXIS 184 (TTAB May 25, 2023).
IP Law 360
JUNE 26, 2023
Baker Donelson Bearman Caldwell & Berkowitz PC announced that it hired a pair of veteran patent attorneys from Adams & Reece LLP as of counsel in the firm's Houston and Nashville, Tennessee offices.
LexBlog IP
JUNE 26, 2023
The food tech industry has grown rapidly in the last ten years due to innovations in the alternative animal product space and a growing customer desire for more sustainable options. [1] With this rapid growth and an increasing number of entrants to the field comes an increased likelihood of intellectual property clashes. In this article, we will discuss the IPR petitions that Motif FoodWorks Inc. (“Motif”) filed against competitor Impossible Foods Inc. ’s (“Impossible Foo
JD Supra Law
JUNE 26, 2023
The United States Supreme Court, in a somewhat controversial ruling, has resolved a circuit split by ruling that interlocutory appeals from a federal district court’s denial of a motion to compel arbitration must automatically stay the underlying District Court case. By: Houston Harbaugh, P.C.
LexBlog IP
JUNE 26, 2023
Estoppel Reasonably Could Have Raised During Trial? The challenge to the IPR estoppel statute in Apple et al., v. California Institute of Technology focused on the statute’s use of “during.” That is, whether “reasonably could have raised” is assessed at the time the petition is drafted, or, during the actual proceeding as stated in the statute.
JD Supra Law
JUNE 26, 2023
One of the most impactful copyright law issues of our time is whether the unauthorized use of copyrighted materials as training data for generative artificial intelligence (GenAI) models is protected fair use under the Copyright Act. A substantive ruling on this issue could arrive soon.
LexBlog IP
JUNE 26, 2023
At the meeting of June 26, 2023, the Administrative Committee of the Unified Patent Court has decided to set up the third seat of the Central Division in Milan. Importantly, the timeline for the new seat to be operational has also been agreed, with the Milan seat expected to be up and running in one year, to allow for all formalities under the agreement to be complied with.
JD Supra Law
JUNE 26, 2023
The food tech industry has grown rapidly in the last ten years due to innovations in the alternative animal product space and a growing customer desire for more sustainable options. With this rapid growth and an increasing number of entrants to the field comes an increased likelihood of intellectual property clashes. By: Rothwell, Figg, Ernst & Manbeck, P.C.
43(B)log
JUNE 26, 2023
Covington Specialty Insurance Company v. Omega Restaurant & Bar, LLC, F.Supp.3d -, 2023 WL 2720805, No. 2:21-cv-247 (E.D. Va. Mar. 30, 2023) This is fallout from one of the many right of publicity etc. lawsuits against clubs for advertising them with images of models without those models’ consent. Omega was sued in state court by a group of such models; Covington sought a declaration that it had no duty to defend, which it secured on summary judgment.
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