Plagiarism Today

AUGUST 17, 2021

Ever since blockchain technology came onto the scene, some have been trying to find a way to find a way to use it to help with copyright and intellectual property issues. However, as we discussed back in April , blockchain is really a solution looking for a problem when it comes to copyright. In short, the issues that copyright holders face day-to-day can’t be solved by blockchain and the issues that blockchain can solve are better solved through other means already.

Reporting 244

Reporting Technology Copyright Plagiarism 244

TorrentFreak

AUGUST 17, 2021

Pre-loaded set-top boxes and pirate IPTV services are a major problem for content owners and broadcasters around the world. Through a growing number of out-of-court actions and full-blown lawsuits, media companies are trying to tackle the threat but as a case in Canada shows, these can be drawn-out affairs. Canadian Media Companies Target Set-Top Box Retailers.

Copyright 143

Copyright Copyright Infringement Advertising Advertising 143

Plagiarism Today

AUGUST 17, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: 8th Circuit Revives Copyright Dispute Over House Floor Plans. First off today, Blake Brittain at Reuters reports that the 8th Circuit Court of Appeals has reinstated a copyright infringement lawsuit against the realtors Columbia House of Brokers Realty over the alleged infringement of floor plans.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

The IPKat

AUGUST 17, 2021

What happens when trade secrets meet the stock market? Emeritus Katonomist Nicola Searle, and her colleague, Andy Vivian , in addressing this question, suggest some potentially surprising insights. IP matters. Or, at least, IP should matter to companies. But what if markets didn’t really care about IP? What if IP doesn’t really matter? My co-author Professor Andy Vivian and I are trying to better understand IP’s role by analysing the market reaction to the theft of a company’s trade secrets.

Marketing 142

Marketing Marketing IP Licensing 142

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

Erik K Pelton

AUGUST 17, 2021

When creating content online, it is important to know what is off limits under copyright laws. And when working with contractors and others to create content for you, there are special “work for hire” considerations to be aware of. Listen as Erik provides more details in this episode. The post Copyright Concerns When Using Others to Create Content appeared first on Erik M Pelton & Associates, PLLC.

Copyright 113

Copyright Copyright Law Law 113

The IPKat

AUGUST 17, 2021

There are still some weeks of summer left, and so, if you are searching for the perfect (IP) read, this Kat has the pleasure to introduce you to ‘ The Transformation of EU Geographical Indications Law ’, by Andrea Zappalaglio (Routledge, 2021). The book looks at the evolution of the origin link – the key aspect of the EU’s sui generis geographical indications (GI) system.

Law 131

Law Registration Publishing Designs 131

Patently-O

AUGUST 17, 2021

by Dennis Crouch. Valve Corp. v. Ironburg Inventions ( Fed. Cir. 2021 ). Duncan Iron monger and Simon Burg ess founded the UK companies Scuf Gaming and also Ironburg with the goal of reengineering the gaming console. Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S.

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Art Litigation Publishing Inventor 124

IP Watchdog

AUGUST 17, 2021

The U.S. Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans. While the appeals court said that another defense might well be available to the companies, the text of the statute, the broader statutory context, and the legislative history all suggest that “floorplans” were not intended to be encompassed by Section 120(a

Fair Use 128

Fair Use Publishing Copyright Infringement Copyright 128

IPilogue

AUGUST 17, 2021

Photo by Mufid Majnun ( Unsplash ). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . M. Imtiaz Karamat is an IP Osgoode Alumnus and Licensed Lawyer in Ontario. The COVID-19 pandemic has drastically changed our day-to-day lives with new public health guidelines and restrictions that impact everything, from how we work to how we move around.

Privacy 106

Privacy Government Business Law 106

IP.com

AUGUST 17, 2021

Successful brainstorming leads to valuable innovation. A robust ideation process designed to create solutions to problems in the landscape is essential for success. Yet, many organizations struggle with quickly and. The post 3 Considerations for Brainstorming with AI appeared first on IP.com - IP Innovation and Analytics.

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Designs Design IP 105

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

Managing IP

AUGUST 17, 2021

Kye Young Lee of the Korea Trade Commission and Hyoun Ja Park of FirstLaw PC introduce the remedies that can be sought by IP holders against unfair international trade practices involving IP infringement through the KTC’s proceedings

IP 105

IP 105

IP Close Up

AUGUST 17, 2021

Chinese companies engaged in active transactions involving a total of 237,773 patents in 2020. According to information provided in The China Intellectual Property Financing Index Continue reading.

Intellectual Property 105

Intellectual Property Patent Technology Litigation 105

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. The defendants run the Accident Injury Legal Center, which runs a lawyer referral service. It bids on the Adler trademarks for “click-to-call” keyword ads. The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” Adler sued for trademark and related claims.

Advertising 105

Advertising Advertising Trademark Settlement 105

Copyright Alliance

AUGUST 17, 2021

This week we’d like to introduce you to children’s book author and illustrator Javaka Steptoe. What was the inspiration behind becoming a creator? What do you enjoy most about the […]. The post Creator Spotlight with Children’s Book Author/Illustrator Javaka Steptoe appeared first on Copyright Alliance.

Copyright 104

Copyright 104

JD Supra Law

AUGUST 17, 2021

If your marketing team has yet to come to you with questions about the legal issues involved with sponsoring college athletes, they probably will shortly. What was once a slow-drip evolution of state legislatures gradually passing laws permitting college athletes to get paid for their name, image, and likeness (NIL) has turned into a firehose of opportunity after a recent Supreme Court case and the NCAA flipping its previous prohibitions.

Social Media 102

Social Media Marketing Marketing Law 102

Michael Geist

AUGUST 17, 2021

The Conservative Party released its election platform yesterday, providing a lengthy document that covers a myriad of policy issues. From a digital policy perspective, there are positions sprinkled throughout the document, covering everything from a new innovation policy (an issue that the Liberals de-emphasized over the past two years and the Conservatives are right to target) to labour rights for gig workers.

Social Media 100

Social Media Copyright Government Privacy 100

JD Supra Law

AUGUST 17, 2021

Although things often slow down in Washington in the August heat and humidity, that wasn’t the case this past week for the Federal Circuit. All told, the Court issued 5 precedential opinions and ruled in 17 cases. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

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Likelihood of Confusion

AUGUST 17, 2021

Here (below) is something you don’t see every day. It’s a summary order in IOB Realty v. Patsy’s, the latest installment in the endless PATSY’S trademark litigation saga. There’s no. The post Patsy’s: Circuit Gently Pulls the Plug appeared first on LIKELIHOOD OF CONFUSION™.

Litigation 87

Litigation Trademark 87

JD Supra Law

AUGUST 17, 2021

In some circumstances, patent applicants may petition the Patent Office to suspend non-statutory rules under 37 CFR § 1.183. As the text of the rule indicates, the Patent Office will only grant such petitions “[i]n an extraordinary situation, when justice requires,” but does not clarify the type of situations where this requirement would be met. Specifically, 37 CFR Section 1.183 provides: By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent Application 98

Patent Application Patent 98

Patently-O

AUGUST 17, 2021

Editor’s Note: Avery Welker is a rising 2L at Mizzou and likely a future patent attorney. He authors a series linking law school canonical cases with intellectual property counterparts. You can email ideas for future posts to avery@patentlyo.com. – Dennis Crouch. By Avery Welker. There are plenty of places in a jury trial that lead to appellate review.

Law 89

Law Intellectual Property Patent 89

JD Supra Law

AUGUST 17, 2021

ELI LILLY AND COMPANY v. TEVA PHARMACEUTICALS - Before Lourie, Bryson and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In claims for methods of using apparatuses or compositions, statements of intended purpose in a preamble tend to be limiting.

Patent 98

Patent 98

43(B)log

AUGUST 17, 2021

Cooper v. Anheuser-Busch, LLC, 2021 WL 3501203, No. 20-CV-7451 (KMK) (S.D.N.Y. Aug. 9, 2021) Plaintiffs alleged that the labels on the “Ritas” line of beverages (Lime-A-Rita Sparkling Margaritas, Sangria Spritz Sparkling Sangria Cocktail and Rosé Spritz Sparkling Rosé Cocktail, and Mojito Fizz Sparkling Cocktail) were deceptive and misleading, generating claims for (1) violations of §§ 349 and 350 of the New York General Business Law, (2) breach of express warranty, (3) common law fraud, and (4)

Marketing 80

Marketing Marketing Branding Brands 80

JD Supra Law

AUGUST 17, 2021

TEVA PHARMACEUTICALS v. ELI LILLY AND COMPANY - Before LOURIE, BRYSON, and O’MALLEY. Appeal from the Patent Trial and Appeal Board. Summary: The presumption of nexus analysis requires the fact finder to consider the unclaimed features of the stated products to determine their level of significance and their impact on the correspondence between the claim and….

Patent 98

Patent 98

Legal Zoom

AUGUST 17, 2021

While the terms self-employed and business owner seem interchangeable, there are differences and you can determine which one you are by learning the unique characteristics and limitations of each.

Business 75

Business 75

JD Supra Law

AUGUST 17, 2021

Drafting claims for methods of diagnosing and treating patients can be challenging since they involve the measurement of patent-ineligible subject matter and because these methods are often performed by multiple parties. But “Test and Treat” claims are particularly desirable when connected to regulatory approval of a drug for use in patients with a positive test result.

Technology 98

Technology Patent 98

IP Law 360

AUGUST 17, 2021

There are several important but underappreciated technical aspects of nonfungible tokens that inform their relationship with intellectual property rights and ultimately the valuation of NFTs conveying ownership of assets, say Collin Starkweather at Starkweather Economics, Izzy Nelken at Super Computer Consulting and Sam Miller at Rimon.

Intellectual Property 68

Intellectual Property Marketing Marketing Ownership 68

43(B)log

AUGUST 17, 2021

Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, 2021 WL 3501518, No. CV 20-04149 DDP (RAOx) (C.D. Cal. Aug. 6, 2021) The CARES Act, among other things, established the Paycheck Protection Program, a $349 billion loan program through which small businesses could obtain forgivable loans backed by the Small Business Administration, but administered by private lenders.

False Advertising 59

False Advertising Advertising Advertising Business 59

IP Law 360

AUGUST 17, 2021

A Texas federal judge has dismissed two counterclaims filed by ad agency Ackerman McQueen Inc. against longtime client the National Rifle Association, finding the gun rights advocacy group's alleged slander of the agency didn't harm its commercial interests.

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LexBlog IP

AUGUST 17, 2021

Considering whether trademark owners can enter into settlement agreements that restrict the parties’ search advertising without violating U.S. antitrust laws, in 1‑800 Contacts, Inc. v. FTC, the Second Circuit held the restrictions permissible. In doing so, the Second Circuit overturned the Federal Trade Commission’s conclusion that when 1-800 Contacts, Inc., settled multiple trademark infringement suits through agreements preventing its competitors from purchasing search adver

Settlement 52

Settlement Advertising Advertising Trademark 52

Likelihood of Confusion

AUGUST 17, 2021

Philip Albert writes In Defense of the Linux Trademark. (See here for the other side.) Originally posted 2014-08-29 14:11:07. Republished by Blog Post Promoter. The post Linux Redux appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Trademark 52

LexBlog IP

AUGUST 17, 2021

It has been reported that U.S. pharmacy benefit manager CVS will drop Sanofi’s insulin drugs, Lantus ® (insulin glargine injection, 100 units/ml) and Toujeo ® (insulin glargine injection, 300 units/ml) from the list of medications for which it reimburses on behalf of health insurers. In July CVS caremark ® published a list of Formulary Drug Removals which indicates that in place of Lantus ® , CVS will reimburse for Eli Lilly’s insulin glargine injection (100 units

Publishing 52

Publishing Reporting Intellectual Property 52

JD Supra Law

AUGUST 17, 2021

In trademark infringement cases involving competitors, the plaintiff typically seeks damages in the form of lost profits once infringement has been proven. The purpose of “lost profits” is to compensate the plaintiff for its losses. In contrast, disgorgement requires a defendant to give up all profits it has made as a result of illegal or wrongful acts, regardless of the actual loss incurred by the plaintiff.

Trademark 52

Trademark 52

LexBlog IP

AUGUST 17, 2021

Study Shows Bio/Pharma Patents Fare Better at PTAB. A few years back, the Patent Trial & Appeal Board (PTAB) released a study showing the outcome of proceedings directed to so-called “Orange Book” patents. That study demonstrated that Orange book/Biologic patents were more likely to survive PTAB proceedings relative to other patents.

Patent 52

Patent Intellectual Property 52

JD Supra Law

AUGUST 17, 2021

In Raytheon Technologies Corporation v. General Electric Company, the Federal Circuit held that the Patent Trial and Appeal Board (Board) incorrectly invalidated a Raytheon turbine engine patent as obvious based on a three-decade-old paper that attempted to prophetically describe an earlier invention that could not be built.

Invention 52

Invention Technology Patent 52

LexBlog IP

AUGUST 17, 2021

Clubhouse , the former invitation-only social media darling that captured the attention of investors, social media early adopters, and competitors since its introduction in April 2020, now faces significant challenges as it strives to remain relevant and attract new and engaged users. Since our previous report on Clubhouse in March 2021, the social media app has released some significant changes and upgrades on its platform.

Social Media 52

Social Media Reporting Branding Brands 52