JD Supra Law

SEPTEMBER 10, 2021

- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam. Along similar lines, a Bloomberg article discusses the critical need for financial regulators to provide investors with tools to protect themselves when investing in NFTs and cryptocurrencies. - NFTs further infiltrate Hollywood and now the hospitality industry.

Publishing 128

Publishing 128

TorrentFreak

SEPTEMBER 10, 2021

While millions of people have no qualms about downloading music, movies and TV shows for free, there are also large numbers of students who feel completely justified in obtaining textbooks without paying for them. With often extortionate pricing and a requirement to obtain the latest but only slightly modified versions of books to complete their courses, some students believe that textbook publishers fail to act in their bests interests.

Copying 125

Copying Reporting Copyright Music 125

SpicyIP

SEPTEMBER 10, 2021

We are pleased to inform you that a high-level dialogue to discuss the challenges and opportunities concerning the TRIPS Waiver with intellectual property experts, a nobel laureate, a member of the European Parliament, and a US Congressman is being organised on 13th September, 2021 from 6:45 PM to 08:00 PM Indian Standard Time. For further details, please read the announcement below.

Intellectual Property 124

Intellectual Property IP Registration Government 124

IP Watchdog

SEPTEMBER 10, 2021

When examining trademark applications, the U.S. Patent and Trademark Office (USPTO) assesses whether the applied-for trademark presents a likelihood of confusion among consumers as compared to other registered U.S. trademarks. In making this determination, the USPTO considers a list of factors first laid out in In re E. I. du Pont de Nemours & Co. 476 F.2d 1357 (C.C.P.A. 1973), commonly referred to as the Du Pont factors.

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Trademark Patent Government Litigation 122

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

JD Supra Law

SEPTEMBER 10, 2021

Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot qualify as an “inventor” under the Patent Act. The fight is now expected to move to the Federal Circuit on….

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Inventor Patent Application Patent 120

TorrentFreak

SEPTEMBER 10, 2021

A group of independent film companies has taken the piracy liability issue to a new level this year. After targeting site owners and individual pirates, the makers of films such as “Hunter Killer”, “I Feel Pretty” and “Shock and Awe” started going after VPN providers. And they didn’t stop there either. Over the past few months, several hosting companies have been sued as well.

Copyright Infringement 115

Copyright Infringement Copyright Copying IP 115

JD Supra Law

SEPTEMBER 10, 2021

We recently issued a reminder of the September 1 effective date of China’s new Data Security Law (DSL) and its potential impact on all business operators in China, including multinational corporations. But the DSL is not the only development from Chinese regulators that affects technology companies operating in the country, specifically ecommerce companies.

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Law IP Business Technology 102

Likelihood of Confusion

SEPTEMBER 10, 2021

Patents ARE different from copyrights! In a case distinguishing overseas inks (that is, ink on the printed page, on the one hand, versus ink in a cartridge, on the other), The post “That must be exhausting!” (Guest post) appeared first on LIKELIHOOD OF CONFUSION™.

Copyright 97

Copyright Patent 97

JD Supra Law

SEPTEMBER 10, 2021

I’m a fan of podcasts. Knowing this, a friend recently directed me to a podcast from a well-known marketing guru who was giving advice about intellectual property, and patents in particular, during one of his episodes. My friend was curious to know if I agreed with this podcast host. I listened and, after hearing the host’s general misunderstanding of the intellectual property system in the United States, I thought it would be a good idea to share a few patent facts.

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Intellectual Property Patent Marketing Marketing 102

The Illusion of More

SEPTEMBER 10, 2021

And it’s a shame that justice will not be the basis on which it is corrected. If it ever is. Recently, the U.S. Copyright Office published its report on copyright infringement by states and state actors in response to the present circumstance whereby states are immunized against litigation for unlicensed use of protected works. As […]. The post State Copyright Infringement Should Be About Justice appeared first on The Illusion of More.

Copyright Infringement 96

Copyright Infringement Copyright Litigation Publishing 96

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

JD Supra Law

SEPTEMBER 10, 2021

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum contact” ties to the state of California. The decision relies on Federal Rule of Civil Procedure 4(k)(2), the rarely-invoked rule authorizing courts to exercise nationwide jurisdiction over foreign parties who would not otherwise be subject to jurisdiction in any individual state

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Social Media Marketing Marketing 98

IAM Magazine

SEPTEMBER 10, 2021

A Zhuhai company that has grown to be the world’s second largest supplier of laptop and tablet batteries faces new US patent claims as it prepares to go public.

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Litigation Patent Marketing Marketing 94

JD Supra Law

SEPTEMBER 10, 2021

???????As a startup, one of the most exciting moments in your company’s growth is receiving a proposal from a large strategic or market player who wants to engage in a technical interchange in support of a potential business arrangement.

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Marketing Marketing Business 98

IP Law 360

SEPTEMBER 10, 2021

A Florida magistrate judge on Thursday recommended a court award of more than $600,000 in fees and costs to attorneys at Trenam Kemker for their representation of the remaining members of the Commodores in their more than six-year trademark battle against former lead guitarist Thomas McClary.

Trademark 87

Trademark 87

JD Supra Law

SEPTEMBER 10, 2021

On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,126, where ToolGen is the Senior Party. This Motion shared many similarities to a similar motion filed in Broad's Interference No. 106,115 against the University of California, Berkeley, the University of Vienna, and Emmanuelle Charpentier; Junior Party and collectively, "CVC"), but there were significant differences in.

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IAM Magazine

SEPTEMBER 10, 2021

Despite the many flaws, though, ultimately the strategy may have built a level of IP awareness in the country that otherwise would not exist.

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IP Patent Law 98

JD Supra Law

SEPTEMBER 10, 2021

As we discussed earlier, a variety of artificial intelligence (AI) technologies exist and are being used in biopharma (e.g., discovery and development of drugs, optimization of clinical trial design, identification of novel biological targets and pathways of interest, analysis and use of biomedical, clinical, and patient data, and many others). As in most industries, AI will play an increasingly larger role in biopharma patents.

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Inventor Patent Designs Design 95

Patently-O

SEPTEMBER 10, 2021

by Dennis Crouch. In re Midwest Athletics and Sports Alliance LLC ( Fed. Cir. 2021 ). MASA sued Xerox for infringing 20 different patents that all relate to printer related technology. The district court felt that 20 patents was too many to handle and so ordered MASA to reduce the number of asserted patents to 8 patents by the summary judgment pre-trial stage; and then further drop down to only 4 asserted patents by trial.

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Patent Technology 83

JD Supra Law

SEPTEMBER 10, 2021

The Federal Circuit published a precedential decision on September 1, 2021 regarding the unenforceability of a pharmaceutical patent due to inequitable conduct. In Belcher Pharmaceuticals LLC v. Hospira, Inc., the Court (Judges Reyna, Taranto, and Stoll) affirmed the decision of the U.S. District Court for the District of Delaware (Judge Leonard P. Stark) that U.S.

Patent 92

Patent Publishing 92

IP Law 360

SEPTEMBER 10, 2021

A company that claims broad trademark rights to the word "emoji" has filed dozens of lawsuits in federal court this year alone, prompting accusations of "trolling" from one opponent and raising eyebrows among some trademark experts.

Trademark 75

Trademark 75

CoCal IP Law Institute

SEPTEMBER 10, 2021

This week we have a pair of IP cases about marking. First, a patent case, Lubby Holdings v Chung, where a vape device company should have marked its products with the patent number. Second, a trademark case, Piano Factory v Schiedmayer Celesta, in which a piano vendor marked its cheap pianos with a fancy name. [.].

IP 74

IP Trademark Patent 74

IP Law 360

SEPTEMBER 10, 2021

The Ninth Circuit is reviving a copyright lawsuit filed by an attorney who has filed hundreds of such cases over a photo of the Indianapolis skyline, rejecting what it called a "strained reading" of the so-called de minimis use defense.

Copyright 73

Copyright 73

43(B)log

SEPTEMBER 10, 2021

Logistick, Inc. v. AB Airbags, Inc., F.Supp.3d -, 2021 WL 2433944, No. 3:21-cv-00151-BEN-MDD (S.D. Cal. Jun. 15, 2021) Logistick sells disposable load bars which are used to secure cargo freight during transport. AB allegedly began advertising for a similar product, claiming that its load bars have “30% more Holding Power than similar Disposable Load Bars,” allegedly an admitted reference to Logistick.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

IP Law 360

SEPTEMBER 10, 2021

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the James Beard Foundation is trying to block a food waste charity's trademark application for the phrase "Good Food for Good People" — plus four other cases you need to know about.

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Branding Brands Branding Trademark 69

JD Supra Law

SEPTEMBER 10, 2021

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation lawsuit filed by a former Manhattan prosecutor against Netflix over her portrayal in the “When They See Us” series.

Blogging 55

Blogging IP Law 55

IP Law 360

SEPTEMBER 10, 2021

China's top court has affirmed that a lower court had jurisdiction to set global licensing rates for 3G and 4G standard essential patents in an intellectual property dispute involving a Chinese mobile phone manufacturer and Japan-based Sharp Corporation, according to an unofficial copy of the decision and interviews with IP experts.

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Intellectual Property Copying Licensing IP 63

JD Supra Law

SEPTEMBER 10, 2021

Recently, JHL Biotech co-founders Racho Jordanov and Rose Lin pled guilty and were convicted of conspiring to steal trade secrets related to Genentech’s cystic fibrosis drug Pulmozyme, and cancer drugs Rituxan, Herceptin, and Avastin. Although Jordanov and Lin initially pled not guilty, the former JHL employees later admitted to hiring former Genentech employees and using those employees’ knowledge of Genentech’s confidential information to advance JHL’s own biosimilar program.

Confidentiality 55

Confidentiality 55

IP Law 360

SEPTEMBER 10, 2021

If the Petunia Products v. Rodan and Fields brow products dispute, currently pending in a California federal court, ultimately finds, for the first time, that social media influencers can be liable for promoting trademark-infringing products, it could bring changes in influencer agreement drafting and negotiation, says attorney Marie-Andrée Weiss.

Contracts 60

Contracts Social Media Trademark 60

Herbert Smith Freehills

SEPTEMBER 10, 2021

Australia is a confirmed attendee of COP26. To date, Australia has developed and implemented a series of climate change-related policies which focus on a transition away from fossil fuels towards renewable technologies. A net zero by 2050 target to be included in Australia’s 2025 NDC. Australia is a signatory to the Paris Agreement and ratified its commitment on 9 November 2016. 1.

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Government Technology Business Reporting 52

LexBlog IP

SEPTEMBER 10, 2021

Recently, JHL Biotech co-founders Racho Jordanov and Rose Lin pled guilty and were convicted of conspiring to steal trade secrets related to Genentech’s cystic fibrosis drug Pulmozyme, and cancer drugs Rituxan, Herceptin, and Avastin. Although Jordanov and Lin initially pled not guilty, the former JHL employees later admitted to hiring former Genentech employees and using those employees’ knowledge of Genentech’s confidential information to advance JHL’s own biosimilar pr

Confidentiality 52

Confidentiality Intellectual Property 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

From the glaciers of the Andes to the oceans on both sides of the continent, Latin America is home to a vast array of eco-diversity that is particularly vulnerable to the negative impact of climate change. While Chile, Peru, and Costa Rica have continued to lead initiatives in the region, other countries see environmental protections as coming at the expense of economic growth.

Contracts 52

Contracts Government Law Marketing 52

LexBlog IP

SEPTEMBER 10, 2021

IPNews® – On September 9, 2021, Dolly Parton received a trademark opposition against her trademark application for “Dolly” (Stylized). In March 2020, Dolly Parton submitted the trademark application for her autograph of “Dolly” featuring a butterfly. Thereafter, the Dolly Madison company submitted its trademark opposition.

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Trademark Intellectual Property 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

The UK is hosting the UN Climate Change Conference ( COP26 ) in Glasgow in November 2021 in partnership with Italy. Historically, the UK has positioned itself as a leader among the G20 in climate change policy. For example, the UK was the first G20 nation to enact a legally binding emissions reduction target when it passed the Climate Change Act in 2008.

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Government Due Diligence Publishing Blogging 52

Velocity of Content

SEPTEMBER 10, 2021

Twenty years ago, the Publishers Weekly office on West 17th Street offered a breathtaking view of Lower Manhattan. On Tuesday, September 11, 2001, the staff working there watched while the Twin Towers of the World Trade Center were hit by airplanes in a terrorist attack, and later, fell earthward. “At the time, I was the PW business editor,” recalls Jim Milliot , now the publication’s editorial director.

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Publishing Reporting Business Copyright 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

Expecting rich nations to pay for 'loss and damage' of unavoidable climate change impact is fine in theory but torturous in practice. Much of the discourse underlying the debate on the most appropriate method to combat climate change has centred on the idea that those who have contributed to it most significantly ought to be held liable for its consequences.

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Government Publishing Reporting Law 52