Plagiarism Today
APRIL 25, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Dan + Shay, Justin Bieber Sued for ‘10,000 Hours’ Copyright Infringement. First off today, Mathew Lemkuehler at The Tennessean reports that a new lawsuit claims the song 10,000 Hours , performed by Dan + Shay and Justin Bieber, is a copyright infringement of an earlier work.
Erik K Pelton
APRIL 25, 2022
The following is an edited transcript of my video Even Trademark Lawyers Make Branding Mistakes. Believe it or not, even trademark lawyers can make branding–or maybe even trademark mistakes–from time to time. I am here to tell you about a personal experience, something that happened about 20 years ago, and I don’t think think I have ever discussed it openly as I’m about to today.
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Patently-O
APRIL 25, 2022
by Dennis Crouch. I was reading recent PTAB ex parte cases looking to see how the Office is handling enablement questions. The first three cases I read all involved the same setup: The examiner made a rejection that that the PTAB suggests might have been better suited as an enablement rejection. For example, in Ex Parte Sugimoto (PTAB 2022), the PTAB explained that “the Examiner conflates enablement with indefiniteness.” The PTAB then noted similar sentiment in Ex parte Nunes (PTAB
IP Watchdog
APRIL 25, 2022
Comcast and the High Tech Inventors Alliance (HTIA) filed amicus briefs last week backing a Supreme Court petition brought by Cisco Systems, Inc. last month. The petition asks the Court to consider whether: 1) enhanced damages may be awarded absent a finding of egregious infringement behavior; and 2) whether the U.S. Court of Appeals for the Federal Circuit (CAFC) may award enhanced damages without first allowing the district court to exercise its discretion to decide that issue.
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?
TorrentFreak
APRIL 25, 2022
In recent years the European Commission has proposed and adopted various legislative changes to help combat online piracy. This includes the Copyright Directive which passed in 2019 as well as the Digital Services Act (DSA), which was officially unveiled at the end of 2020. The new legislation was met with fierce criticism. Some believe that it will lead to more ‘dumb’ upload filters.
IP Watchdog
APRIL 25, 2022
This week in Washington IP news, the Senate Health Committee will host a hearing on Tuesday to address ways that the U.S. Food & Drug Administration’s user fee program can better advance innovation in medical products. In the House of Representatives, the Financial Services Committee will explore data privacy and consumer protection concerns that are related to the increasing available of digital wallets on mobile devices.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
APRIL 25, 2022
A group of patent practitioners told the Supreme Court on Thursday that a case involving a patent for a type of content player would be a better vehicle for unraveling the patent eligibility problem than American Axle & Manufacturing v. Neapco Holdings, which has been awaiting a brief of the U.S. Solicitor General for about one year now. The case is Interactive Wearables, LLC v.
JD Supra Law
APRIL 25, 2022
When two parties come together to discuss a new idea or potential collaboration, the parties are usually operating under the protection of a non-disclosure agreement (NDA). If the parties decide to work together, they will most likely enter into a services agreement outlining their respective rights and obligations, including intellectual property (IP) ownership and commercialization rights.
IP Law 360
APRIL 25, 2022
The third infringement trial in a multibillion-dollar dispute over patents owned by VLSI kicked off Monday in Austin, Texas, with an attorney for Intel saying its allegedly infringing chip products are the result of its own hard work and innovation, not infringement.
JD Supra Law
APRIL 25, 2022
Case Name: Adapt Pharma Operations Ltd. v. Teva Pharms. USA, Inc., Case No. 2020-2106, 25 F.4th 1354 (Fed. Cir. Feb. 10, 2022) (Circuit Judges Newman, Prost, and Stoll presiding; Opinion by Stoll, J.; Dissenting Opinion by Newman, J.) (Appeal from D.N.J., Martinotti, J.).
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IP Law 360
APRIL 25, 2022
The maker of the hit video game "Fortnite" has faced claims that it uses popular dance moves without permission over the years and has so far escaped legal trouble, but a new suit against Epic Games from a choreographer with exclusive rights to a routine may force courts to finally grapple with key questions on what parts of a dance can be copyrighted.
JD Supra Law
APRIL 25, 2022
A judge in Russia has ruled that the British cartoon series “Peppa Pig” can be freely copied in Russia without violating Russian copyright law. As The Independent reported, Russia is using Peppa Pig to retaliate against economic sanctions imposed worldwide against its invasion of Ukraine.
IP Law 360
APRIL 25, 2022
A California federal judge has approved a manufacturer's settlement in Nike's trademark infringement suit over two designers' counterfeit sneakers, giving the go-ahead to an agreement that bans the imitation of Nike shoe designs and the retailer's signature swoosh.
JD Supra Law
APRIL 25, 2022
To end the harm following Russia’s invasion of Ukraine on February 24, 2022, numerous forms of sanctions were imposed against the Russian government and economy. Many Western governments limited access to financial systems, denied entry of Russian nationals into their countries, and prohibited the import and export of certain Russian commodities.
Michael Geist
APRIL 25, 2022
This week’s Law Bytes podcast departs from the typical approach as this past week was anything but typical. As readers of this blog will know , last week I obtained access to hundreds of previously secret submissions to the government’s online harms consultation. Those submissions cast the process in a new light. This week’s Law Bytes podcast explains why the online harms consultation was a transparency and policy failure, walking through what has happened, what we know now, and how
Nelligan Law
APRIL 25, 2022
Reading Time: < 1 minute. Personal Injury lawyer Jessica Fullerton joins CTV’s Ask the Experts to answer view questions about social host liability when it comes to overconsumption of alcohol, underage drinking, and engaging in risky activity. Watch parts 1-3 of Jessica’s interview below: Part 1: Part 2: Part 3: The post Jessica Fullerton on CTV’s Ask the Experts appeared first on Nelligan Law.
Olartemoure Blog
APRIL 25, 2022
La entrada Infographic | Everything you need to know about fair use se publicó primero en OlarteMoure | Intellectual Property.
The TTABlog
APRIL 25, 2022
So far this calendar year, the Board has affirmed 73 of the first 76 Section 2(d) refusals it has considered on appeal. Here are the latest three appeals for your consideration. [Results in first comment]. In re Versatrans, Inc. , Serial No. 88909675 (April 22, 2022) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusals of VERSA AGENCY for "Advertising, marketing and promotion services, namely creating advertising content and promotional materials for others; production of adv
IP Law 360
APRIL 25, 2022
Facebook has allowed an "epidemic" of copyright infringement to flourish on the social media platform all to pad its bottom line, according to a proposed class action filed Friday by an independent artist in California federal court.
IPilogue
APRIL 25, 2022
Photo by Sangharsh Lohakare ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Introduction. In 2020, the Royal Swedish Academy of Sciences awarded the Nobel Prize in Chemistry to Drs. Emmanuelle Charpentier and Jennifer A. Doudna for “the development of a method for genome editing” otherwise known as CRISPR gene editing.
IP Law 360
APRIL 25, 2022
Many of the lessons taught in an introductory theater performance class can provide foundational guidelines for virtual witness preparation, including the importance of props, proper lighting and wardrobe decisions, and of acknowledging that the star of your show is not a Zoom expert, say Hailey Drescher at Trask Consulting and Michael Thomas at Foley & Lardner.
43(B)log
APRIL 25, 2022
Walker v. Nestle USA, Inc., 2022 WL 901553, No. 3:19-cv-723-L-DEB (S.D. Cal. Mar. 28, 2022) Walker alleged that Nestle’s product labels falsely lead consumers to believe that the products were produced in accordance with environmentally and socially responsible standards, including references to the “NESTLÉ® Cocoa Plan,” “UTZ” (a certifier), sustainable sourcing, and representations that Nestle supports cocoa farmers or helps improve their lives.
IP Law 360
APRIL 25, 2022
With real estate investments in the metaverse rapidly increasing, real estate attorneys can and should weigh in on the governance structures and contracts being developed in the realm of virtual property, says Jenny Forgey at Winstead.
IAM Magazine
APRIL 25, 2022
Docket Navigator data shows VLSI filed nine lawsuits against Intel, and has faced 39 PTAB challenges, while Intel’s litigation history includes the defence of 161 district court cases.
IP Law 360
APRIL 25, 2022
Sonny Bono's widow urged a California federal judge Monday to throw out Cher's lawsuit demanding royalties from Bono's heirs, arguing that termination rights under the Copyright Act preempt the duo's decades-old divorce agreement entitling Cher to 50% of Sonny & Cher's musical catalog.
Intellectual Property Brief
APRIL 25, 2022
Copyright law allows for the free form creation of music while implementing a system of checks and balances to protect artists from other artists. The question remains, who’s protecting artists from the record labels?
IP Law 360
APRIL 25, 2022
The U.S. Supreme Court on Monday declined to weigh in on a split in how federal courts in New York and California look at copyright infringement disputes, marking the end of the line for a suit that claimed a Josh Groban adult contemporary hit was actually made from a 1970s song that was reportedly really big in Iceland.
Chicago IP
APRIL 25, 2022
On Tuesday, April 26, 2022 from 12:00 p.m. to 1:00 p.m. CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the Illinois Intellectual Property Alliance (“ILIPA”) will host World IP Day 2022. This year’s theme: IP and Youth: Innovating for a Better Future focuses on how young inventors, creators and entrepreneurs can use IP rights to drive action for innovation and change.
IP Law 360
APRIL 25, 2022
Qatar pulled the plug on a dispute with Saudi Arabia over the kingdom's refusal to prosecute a broadcaster that allegedly pirated material from Qatar's state-owned sports and entertainment network, according to a World Trade Organization document released on Monday.
LexBlog IP
APRIL 25, 2022
The Sedona Conference, Working Group 12 on Trade Secrets, has released for public comment its guidance on the governance and management of trade secrets. This valuable Commentary outlines the inherent challenges in developing a trade secret protection program that aligns with a business’s goals and measurable objectives. The Commentary recommends businesses focus on the following factors to evaluate trade secret protection programs: The size, maturity, industry, and location of the busines
IP Law 360
APRIL 25, 2022
Lawyers for a Chinese metals importer ground a jury trial to a halt on Monday and asked a federal judge to declare a mistrial in a case brought by an Ohio magnesium dealer claiming that the importer owes $1.8 million for infringing patents that cover new ways of mixing metal.
JD Supra Law
APRIL 25, 2022
Forum selection provisions appear (or are at least proposed) in all types of agreements and often provoke disagreement in negotiations because of the potential for a real or perceived strategic advantage of a particular court or geography. A recent federal circuit decision (Nippon Shinyaku v. Sarepta Therapeutics, 25 F.4th 998 (Fed. Cir. 2022)), however, undid what one party originally likely expected was a big accomplishment at the time of the agreement, finding the language in one such clause.
IAM Magazine
APRIL 25, 2022
Docket Navigator data shows VLSI filed nine lawsuits against Intel, and has faced 39 PTAB challenges, while Intel’s litigation history includes the defence of 161 district court cases.
BYU Copyright Blog
APRIL 25, 2022
Our last report on this case detailed the Second Amended Complaint that Columbia University ("Columbia") filed against the Encyclopaedia Iranica Foundation ("EIF") in early 2021. As detailed in our previous posts, Columbia's allegations in this litigation have centered on EIF's alleged attempts to usurp control of the prestigious Encyclopaedia Iranica project (the "Encyclopaedia") and the legacy, publication rights, trademarks, and numerous copyrights associated with it.
43(B)log
APRIL 25, 2022
U.S. Structural Plywood Integrity Coalition v. PFS Corp., 2022 WL 898598, No. 19-62225-CIV-ALTMAN (S.D. Fla. Mar. 28, 2022) Take it away, Judge Altman: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp. The Plaintiffs are a coalition of ten American structural-plywood mills who manufacture and sell their plywood in the United States.
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