Intellectual Property Law Blog

JULY 20, 2023

The Federal Trade Commission (FTC) has been active in enforcements involving various AI-related issues. For an example, see Training AI Models – Just Because It’s “Your” Data Doesn’t Mean You Can Use It and You Don’t Need a Machine to Predict What the FTC Might Do About Unsupported AI Claims. The FTC has also issued a report to Congress (Report) warning about various AI issues.

Reporting 130

Reporting Designs Design 130

IP Watchdog

JULY 20, 2023

As we await a transcript of the July 13 hearing that took place in the Special Committee of the Judicial Council of the Federal Circuit’s investigation into Judge Pauline Newman’s alleged unfitness to remain on the court, Newman spoke with Bloomberg this week as a guest on its “On the Merits” podcast. She recounted for host David Schultz that she was told when confronted with the allegations, “Just go quietly or we’ll make your life miserable’; that was exactly the way it was presented to me.

Intellectual Property 98

Intellectual Property IP 98

The IP Law Blog

JULY 20, 2023

In Buergofol GmbH v. Omega Liner Company, Inc. , 4-22-cv-04112 (DSD Jul. 13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court ruled the plaintiff “still had an obligation to respond to the extent it did not object.

Art 98

Art Invention Patent Patent Application 98

Likelihood of Confusion

JULY 20, 2023

Where to start, where to start… At the beginning, I guess. Though not in chronological order. LIKELY2CONFUSE00001: I wrote a post on the subject of the genericization of the term. The post Document review appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 92

Trademark 92

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

TorrentFreak

JULY 20, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the ‘Destiny 2’ cheating software. AimJunkies denied the claims and argued that cheating isn’t against the law.

Copyright Infringement 80

Copyright Infringement Copyright Trademark Law 80

Copyright Alliance

JULY 20, 2023

This week we’d like to introduce you to writer, director, and producer Paul D. Bestolarides. Be sure to follow Paul on Instagram and subscribe to his YouTube channel. What was […] The post Creator Spotlight with Filmmaker Paul D. Bestolarides appeared first on Copyright Alliance.

Copyright 76

Copyright 76

Art Law Journal

JULY 20, 2023

Discover powerful strategies for creating a digital art portfolio that captivates. From crafting compelling descriptions to optimizing for SEO, this guide explores how artists can elevate their work, engage audiences, and transform their artistic journey.

Art 69

Art Marketing Marketing 69

JD Supra Law

JULY 20, 2023

AR Design Innovations LLC v. Rove Concepts Ltd., Case no. 2:23cv310 (E.D. Texas, June 26, 2023) - Virtual and augmented reality technology increasingly is finding a place in a wide range of industries, and home furnishings is no exception.

Technology 74

Technology Patent Infringement Designs Design 74

Patently-O

JULY 20, 2023

by Dennis Crouch TBL Licensing v. Vidal (4th Cir. 2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

Designs 74

Designs Design Cease and Desist Design Patent 74

TorrentFreak

JULY 20, 2023

Many events have contributed to the rise and fall of online piracy rates over the past 20 years but few – if any – can match the fallout from Russia’s invasion of Ukraine. Western companies’ partial or complete withdrawal across all entertainment sectors has profoundly affected content availability. Pre-2022 content libraries remain accessible in some cases but fresh releases of movies, music, and videogames are mostly a thing of the past, at least how things stand today.

Publishing 62

Publishing Reporting Marketing Marketing 62

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

Cogency Global

JULY 20, 2023

What this is : It is important to understand how the terms of the agreements and jurisdictional disputes will be handled in commercial financing transactions. It is equally important to know the role of the process agent named in the finance agreements. What this means : Doing business in one country and handling your legal issues in another is tricky to navigate.

Law 60

Law Government Business 60

Technology & Marketing Law Blog

JULY 20, 2023

Charles Haywood wrote book reviews at Amazon. He says “his style tends to be megalomaniacal and apocalyptic. He likes to fight.” (For more, see this story and his own self-analysis using Jordan Peterson’s personality test ). No thank you. For what are likely good reasons, Amazon deleted his book reviews and removed his ability to write new ones in October 2019.

Contracts 59

Contracts Social Media Publishing Blogging 59

LexBlog IP

JULY 20, 2023

In addition to state bar disciplinary rules, the United States Patent and Trademark Office’s (USPTO) bar has its own set of disciplinary rules, enforced by the Office of Enrollment and Discipline. These rules are set out in 37 C.F.R. Part 11.

Trademark 52

Trademark Patent Intellectual Property 52

JD Supra Law

JULY 20, 2023

Welcome to the first edition of our AI Legal News Summer Roundup! With both the temperature and artificial intelligence developments heating up, the time is ripe to provide periodic updates this summer on recent legal developments in the quickly changing landscape of AI, including generative AI. A slight change of pace from our more in-depth Tech Newsflash articles, we hope these snapshots help keep you up-to-date with current developments.

Editing 52

Editing 52

LexBlog IP

JULY 20, 2023

In Buergofol GmbH v. Omega Liner Company, Inc. , 4-22-cv-04112 (DSD Jul. 13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court ruled the plaintiff “still had an obligation to respond to the extent it did not object.” In the case, Plaintiff Buergofol GmbH alleged that defendant Omega Liner

Art 52

Art Invention Patent Patent Application 52

IP Watchdog

JULY 20, 2023

On Thursday morning, the U.S. Senate Committee on Health, Education, Labor & Pensions (HELP) held a legislative markup hearing to debate amendments to S. 2333, the Pandemic and All-Hazards Preparedness and Response Act (PAHPARA), the reauthorization bill to extend the Pandemic and All-Hazards Preparedness Act (PAHPA). If enacted as currently drafted, PAHPARA would direct federal agencies to study alternative models for funding biomedical research, including prize systems that have been rout

Patent 52

Patent Government Intellectual Property IP 52

IP Law 360

JULY 20, 2023

Baker Donelson announced on Thursday the launch of a multidisciplinary artificial intelligence team led by a longtime shareholder of its health law group and data protection, privacy and cybersecurity team.

Privacy 52

Privacy Law 52

LexBlog IP

JULY 20, 2023

The Federal Trade Commission (FTC) has been active in enforcements involving various AI-related issues. For an example, see Training AI Models – Just Because It’s “Your” Data Doesn’t Mean You Can Use It and You Don’t Need a Machine to Predict What the FTC Might Do About Unsupported AI Claims. The FTC has also issued a report to Congress (Report) warning about various AI issues.

Reporting 52

Reporting Designs Design Intellectual Property 52

JD Supra Law

JULY 20, 2023

Darvin Furniture And Appliance Of Orland Park, Inc. V. Wayfair LLC, Case No. 1:23cv4121 (N.D. Illinois, June 27, 2023) Darvin Furniture And Appliance Of Orland Park, Inc., a Chicagoland retailer which does business as Darvin Furniture & Mattress, is accusing e-commerce company Wayfair of trademark infringement.

Trademark 52

Trademark Business 52

The IPKat

JULY 20, 2023

This is the second post considering the Court of Appeal decision on plausibility in Sandoz v BMS ( [2023] EWCA Civ 472 ), in the context of the Enlarged Board of Appeal decision in G 2/21. To this Kat there are some crucial differences between the approach of the UK courts and EPO to the question of the standard of evidence required to support a patent.

Invention 52

Invention Publishing Patent Law 52

JD Supra Law

JULY 20, 2023

Dear Readers, We are pleased to introduce an innovation in this issue of TRADEMARK INSIGHT: In response to many suggestions, in each issue, after the usual summaries of German and European trademark case law, we will put a spotlight on trademark developments in another country in a new section (Country Focus). We are particularly pleased to start this issue with the Country Focus - Italy and would like to take this opportunity to thank our colleagues Luigi Mansani, Giovanni Ghirardi and Maria.

Trademark 52

Trademark Law 52

LexBlog IP

JULY 20, 2023

IP Partner Pat Muffo discusses the factors that cause patent litigation to be more expensive as compared to other types of litigation.

Litigation 52

Litigation Patent IP Technology 52

JD Supra Law

JULY 20, 2023

The District Court for the District of Delaware recently held a patentee waived its right to seek JMOL on infringement following a jury verdict of non-infringement because the patentee’s Rule 50(a) motion focused solely on the issue of validity. As a result of the district court’s ruling, the patentee is likely precluded from seeking appellate review relating to the sufficiency of the evidence of the jury’s adverse verdict on infringement.

52

52

IP Law 360

JULY 20, 2023

Multiple infringement cases over a DynaEnergetics oil and gas drilling patent have been dismissed after the Patent Trial and Appeal Board invalidated it, including five cases in which a Western Texas district judge issued rare stays to await the board's ruling.

Patent 40

Patent 40

JD Supra Law

JULY 20, 2023

In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. § 1051 et seq. The Lanham Act provides for a national system of trademark registration and creates federal causes of action for trademark infringement, trademark dilution, false advertising, and cybersquatting.

False Advertising 52

False Advertising Advertising Advertising Registration 52

IP Law 360

JULY 20, 2023

The U.S. Supreme Court should reaffirm a decades-old precedent that instructs lower courts to defer to federal agencies' interpretations of ambiguous laws, but amend its scope, two nonprofit groups said in response to a group of New Jersey herring fishers' attempt to upend the prior ruling.

IP 40

IP Law 40

JD Supra Law

JULY 20, 2023

Objective Evidence in Determining Obviousness - In Medtronic, Inc. v. Teleflex Innovations, Appeal No. 21-2357, the Federal Circuit held that a close prima facie case of obviousness can be overcome by strong evidence of objective indicia of non-obviousness.

52

52

IP Law 360

JULY 20, 2023

An Oregon federal jury has rejected Avery Dennison Corp.'s bid to invalidate an Adasa Inc. patent on radio frequency identification tags that it has been found to infringe, a decision that Avery Dennison said leaves it liable for over $71 million.

Patent 40

Patent 40

JD Supra Law

JULY 20, 2023

The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board non-obviousness decision, finding that the context of the proposed combination of prior art in the Board’s obviousness inquiry was not directed toward the context of the claim at issue. Axonics, Inc. v. Medtronic, Inc., Case No. 21-1451 (Fed Cir. July 10, 2023) (Lourie, Dyk, Taranto, JJ.).

Art 52

Art Patent 52

IP Law 360

JULY 20, 2023

A Washington federal judge scolded three Buchalter PC attorneys for stalling discovery while representing a coffee seller in a class action alleging misleading labeling, saying the most senior of the trio made misleading statements under oath about why the company couldn't provide sales records.

40

40

JD Supra Law

JULY 20, 2023

Addressing the same invention requirement for reissue patents, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision to reject an overly broad reissue application. In re Float‘N’Grill LLC, Case No. 22-1438 (Fed. Cir. July 12, 2023) (Prost, Linn, Cunningham, JJ.).

Patent 52

Patent Invention 52

IP Law 360

JULY 20, 2023

On remand from the Sixth Circuit, a Michigan federal judge has rejected a bid by Fiat Chrysler Automobiles that sought to block the sale of certain off-road vehicle models made by an Indian automaker, finding that consumers aren't likely to confuse the vehicles with Fiat Chrysler's trademark-protected Jeep.

IP 40

IP Trademark 40

LexBlog IP

JULY 20, 2023

Starting July 17, 2023, to ensure an efficient avoidance of a negative PTA, in certain instances, revised 37 CFR 1.704(d) will include a new paragraph (d)(3) requiring the use of Office form PTO/SB/133 and the appropriate document code (PTA.IDS). The use of the document code PTA.IDS specifically for form PTO/SB/133 is a representation that the applicant is filing form PTO/SB/133 with no alterations to the text of the form. “Safe Harbor” Currently, 37 CFR 1.704(d) provides a “sa

Patent 40

Patent Intellectual Property 40

IP Law 360

JULY 20, 2023

A Delaware federal judge says the U.S. Supreme Court's recent ruling limiting how federal trademark law can be applied to foreign sales won't stop arguments from citing foreign sales as "circumstantial evidence" in a "gray market" trademark lawsuit over industrial automation products that goes to trial before a jury next week.

Trademark Law 40

Trademark Law Marketing Marketing Trademark 40

JD Supra Law

JULY 20, 2023

The US District Court for the District of Columbia affirmed the dismissal of a case alleging that the US Patent & Trademark Office (PTO) violated the Administrative Procedure Act (APA) by denying the plaintiffs’ rulemaking petition. The district court found that the plaintiffs’ alleged injury was too speculative to confer Article III standing. US Inventor, Inc. v.

Inventor 52

Inventor Trademark Patent 52