Plagiarism Today
SEPTEMBER 22, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: XXXTentacion and Lil Peep Sued for Copyright Infringement Over ‘Falling Down’ First off today, Trent Fitzgerald at XXL reports that musicians XXXTentacion and Lil Peep are being sued by a singer-songwriter named Jaden Hoff, for alleged copyright infringement in the duo’s posthumous song Falling Down.
TorrentFreak
SEPTEMBER 22, 2021
A few years ago piracy-related lawsuits were pretty straightforward. Copyright holders would either sue alleged file-sharers or the operators of pirate sites. In recent months, we have seen a new breed of lawsuits filed on behalf of the makers of movies such as “Hunter Killer,” “Automata,” “Survivor,” and “I Feel Pretty.”. These lawsuits target VPN providers, which are generally seen as third-party intermediaries.
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Kashishipr
SEPTEMBER 22, 2021
A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. Licensing your trademark can be a beneficial business strategy that can not only strengthen the brand but also allow for expansion into new markets.
TorrentFreak
SEPTEMBER 22, 2021
A little under two years ago, the federal government shut down Gears-branded IPTV services operated by Bill Omar Carrasquillo (aka Omi in a Hellcat). IRS and FBI agents seized “at least” $5.2m from his bank accounts along with a laundry list of supercars and other vehicles, alleged to have been purchased with revenues from Carrasquillo’s TV services.
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.com
SEPTEMBER 22, 2021
A successful structured ideation session can feel like a major accomplishment. So, it’s no surprise some teams lose momentum after a great ideation session. However, coming up with good ideas. The post Moving Innovation Forward: What Comes After Brainstorming? appeared first on IP.com - IP Innovation and Analytics.
IP Watchdog
SEPTEMBER 22, 2021
A light Patent Trial and Appeal Board (PTAB) and busy district court week for patent filings marked the 10-year anniversary of the passage of the America Invents Act, with 18 petitions (two post grant reviews [PGRs] and 16 inter partes reviews [IPRs]) and 78 district court complaints filed.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
SEPTEMBER 22, 2021
Suppose that you have expressed your idea into a tangible form such as a website or web page. Although your copyright exists upon the moment of creation, do you have a valid copyright on the website or web page? Should you register your copyright on the website or web page with the U.S. Copyright Office? The answer is YES!
IP Law 360
SEPTEMBER 22, 2021
A feud over a New York law firm's virtual office spilled into the physical realm on Wednesday when the firm sued to invalidate a rival California firm's trademark on the term "metaverse law.
JD Supra Law
SEPTEMBER 22, 2021
Today, the UK Court of Appeal delivered its judgment in Thaler v Comptroller General of Patents Trade Marks and Designs [2021] EWCA Civ 1374 with Lord Justice Arnold and Lady Justice Laing deciding that the IPO Hearing Officer was justified not to process Dr Thaler’s patent application, which named his AI machine “DABUS” as the inventor, because this application did not satisfy the requirements of s.13(2) Patents Act 1977 i.e. to name a “Person” as the “Inventor” and to explain how Dr Thaler.
Likelihood of Confusion
SEPTEMBER 22, 2021
I have asked, begged, cajoled and — well, no I haven’t threatened Ed Timberlake; who could do that? — but in any event, he won’t write a guest post on. The post Trademarks: The IP that isn’t IP appeared first on LIKELIHOOD OF CONFUSION™.
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.
JD Supra Law
SEPTEMBER 22, 2021
As a startup founder, raising money can feel like an enormous mountain to climb. Many go through dozens or hundreds of pitches before they find the investors that will say yes - and are truly the right fit. And when the deal comes and the cash hits the bank account, the time spent and stress involved are all worth it. But what about the legal ramifications of raising capital?
IP Watchdog
SEPTEMBER 22, 2021
The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. (Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.) However, the three judges were split, with the two patent specialists on the panel taking different views.
Velocity of Content
SEPTEMBER 22, 2021
In my first post in this series, we looked at the role of peer review in scholarly and scientific publishing, and the critically important “quality assurance”-style value it brings to the process. In this one, I am focusing on the “before”, “in process” and “final” versions of articles, which is to say, preprints, postprints, and the “versions of record.”.
IAM Magazine
SEPTEMBER 22, 2021
The Long Read : Sector-by-sector analysis reveals that transport, financial services and networking all recorded triple-digit percentage growth in patent suits filed by non-practising entities between 2018 and 2020, writes IAM data reporter Bridget Diakun.
JD Supra Law
SEPTEMBER 22, 2021
On July 15th, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its opposition to Senior Party ToolGen's Substantive Motion No. 1 for benefit of priority to U.S. Provisional Application No. 61/837,481, filed June 20, 2013 ("P3" or "ToolGen P3"), or alternatively, International Application No.
The Illusion of More
SEPTEMBER 22, 2021
On September 17, a California District Court dismissed the complaint in Hunley et al v. Instagram, in which the plaintiff class accused the Facebook-owned social platform of “encouraging, inducing, and facilitating third parties to commit widespread copyright infringement” by means of the company’s promotion of its embedding tools. Through Instagram’s marketing the ability for third parties […].
U.S. Department of Commerce
SEPTEMBER 22, 2021
Celebrating the Culture and Contributions of Hispanic Americans. September 22, 2021. KCPullen@doc.gov. Wed, 09/22/2021 - 12:51. Commerce Department Logo for Hispanic Heritage Month. The following is a cross-post from the U.S. Census Bureau. Hispanic Heritage Month celebrates the culture and contributions of Americans tracing their roots to Spain, Mexico, Central America, South America and the Spanish-speaking nations of the Caribbean.
Legal Zoom
SEPTEMBER 22, 2021
For small business owners knowing the difference between business and personal expenses is crucial in keeping well-maintained finances. Today we are going to look at the difference between business and personal expenses and what kinds of deductions you can take on each.
The IPKat
SEPTEMBER 22, 2021
Trier The IPKat’s friends at the Academy of European Law (ERA) in Trier, Germany are always busy organizing new conferences and events. Among the IP-focused ones, ERA's Autumn calendar features 3 conferences for which IPKat readers can register by claiming a 25% discount in the registration fee by using the VIP code ERA2021IPKAT at checkout. They are the following: Annual Conference on European Trade Mark and Design Law 2021 On 6-8 October 2021 it will be the turn of the Annual Conference on Eur
IP Law 360
SEPTEMBER 22, 2021
A Missouri federal judge on Wednesday rejected a bid by Voice Tech Corp. to enter a default judgment against artificial intelligence company Mycroft AI in a dispute over voice command patents, but did find Mycroft in contempt for reposting online content the court had previously ordered it to remove.
The TTABlog
SEPTEMBER 22, 2021
The Board recently decided the appeals from the three Section 2(d) refusals described below. One of the refusals was reversed. How do you think these came out? [Answer in first comment]. In re Stella & Chewy's LLC , Serial No. 88916952 (September 20, 2021) [not precedential] (Opinion by Thomas Shaw) [Section 2(d) refusal of CRAV'N BAC'N BITES for "edible pet treats" [BAC'N BITES disclaimed] in view of the registered mark CRAVIN' CHICKEN DINNER for "pet food; pet treats" [CHICKEN DINNER discl
IP Law 360
SEPTEMBER 22, 2021
Nonfungible-token platform Dapper Labs on Wednesday announced a $250 million funding round that gives it a $7.6 billion valuation as well as a partnership to bring NFTs to Spanish soccer league LaLiga.
Patently-O
SEPTEMBER 22, 2021
By Jason Rantanen. Last week the Federal Circuit issued two interesting orders in appeals from the USPTO. In the first, In re Zhu (Appeal No. 2021-1761), Sept. 13, 2021, the Federal Circuit vacated the decision of the PTAB and remanded the case to the PTO “for reconsideration of whether the claims are directed to an improvement in computer functionality, especially in light of this court’s recent case law.
IP Law 360
SEPTEMBER 22, 2021
A California federal court has entered default against the CEO of a Los Angeles CBD company that Clint Eastwood accused of manipulating web search results and misappropriating his name to make users think he was endorsing its products.
Fish & Richardson Trademark & Copyright Thoughts
SEPTEMBER 22, 2021
Super Lawyers recently announced that Senior Principal DJ Healey has been selected for inclusion in the 2021 Texas Super Lawyers list. Healey has been on the list every year since its inception. Healey’s practice focuses on patent litigation, related antitrust and tort claims, and mediation and arbitration. She has handled matters in federal and state courts, the International Trade Commission, the International Chamber of Commerce (Arbitration), the American Arbitration Association, the NASD A
IP Law 360
SEPTEMBER 22, 2021
The U.S. Patent and Trademark Office is going to open up the pool of who is qualified to take the exam that lets people represent inventors before the agency.
LexBlog IP
SEPTEMBER 22, 2021
Leahy Bill Seeks to Outlaw PTAB Fintiv Practice. As I predicted just this past Monday , Chair of the IP Sub-committee, today Senator Patrick Leahy proposed some noteworthy changes to PTAB practice. While a draft bill is yet to be released, as reported by IPLaw360 , several high level goals of the forthcoming bill have been outlined. Below is a list of the general proposals, and my thoughts on the prospect of passage of each.
IP Law 360
SEPTEMBER 22, 2021
U.S. District Judge William Alsup preliminarily approved $454 million in settlements Wednesday resolving direct buyers' allegations that Bausch Health Cos. Inc., Lupin Pharmaceuticals Inc. and Assertio Therapeutics Inc. plotted to delay the blockbuster diabetes drug Glumetza's generic version, but warned the parties not to make it difficult for class members to opt out.
JD Supra Law
SEPTEMBER 22, 2021
E-commerce was already booming when the pandemic struck, and now it feels ubiquitous. Consumers spent $861.12 billion online with U.S. retailers in 2020, up 44.0% from $598.02 billion in 2019, representing 21.3% of total retail sales last year compared with 15.8% the year prior. The statistics only underscore what we’re all witnessing — technology stocks appreciating rapidly, a steady drumbeat of brick-and-mortar retailer bankruptcies, shopping mall closings, conversion of massive properties to.
LexBlog IP
SEPTEMBER 22, 2021
In a recent decision , the District Court for the Southern District of California held that despite not having direct evidence of misappropriation, a company’s lack of experience in the particular industry coupled with its behavior during business negotiations were sufficient to state a claim that a competing product misappropriated trade secrets under the Defend Trade Secrets Act (DTSA) and to defeat a motion to dismiss.
JD Supra Law
SEPTEMBER 22, 2021
To implement provisions of the Trademark Modernization Act of 2020, in May 2021, the U.S. Patent and Trademark Office (USPTO or Office) issued a Notice of Proposed Rulemaking (NPRM) proposing changes to the Trademark Rules of Practice (TMRP). The public comment period expired on July 19, 2021. Notable among the proposed changes are (in Section VI) a new procedure for attorney recognition in TMRP 2.17 and 2.18 (to align the rules with current practice) and clarification of the grounds for.
LexBlog IP
SEPTEMBER 22, 2021
On September 16, 2021, eleven congressional leaders (“the Signors”) sent a letter to Andrew Hirshfeld, the acting director of the United States Patent and Trademark Office (“USPTO”), requesting the USPTO to reevaluate the Patent Trial and Appeal Board’s (“PTAB”) view on discretionary denials of petitions for inter partes review (“IPR”).
JD Supra Law
SEPTEMBER 22, 2021
In a recent IAM article, Levelling the playing field in ITC patent cases by identifying redesigns to a set deadline, we commented on best practices for ITC complainants to protect their interests against the nascent uptick of redesign submissions at the tail end of fact discovery. Although reasonable minds can differ as to whether the uptick in motion practice is coincidence or a more troubling sign that some respondents are using late redesign disclosures as a vehicle to put complainants at a.
IP Intelligence
SEPTEMBER 22, 2021
On Sept. 17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. In 2015, the Supreme Court, in B&B Hardware, [1] decided in a 7-2 vote that issues decided in TTAB proceedings may have preclusive effect if the elements of issue preclusion are met.
JD Supra Law
SEPTEMBER 22, 2021
This blog previously reported that on June 21, 2021, the Supreme Court issued its landmark decision in United States v. Arthrex, Inc., holding – in Chief Justice Roberts’ 5-4 opinion – that “the unreviewable authority wielded by [administrative patent judges, or APJs] during inter partes review [IPR] is incompatible with their appointment by the Secretary [of Commerce] to an inferior office.”.
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