Plagiarism Today
AUGUST 24, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sirius XM Wins Appeal of Turtles Members’ California Copyright Claims. First off today, Blake Brittain at Reuters reports that digital radio service Sirius XM has notched yet another major win in their long-running dispute over royalties for pre-1972 sound recordings.
TorrentFreak
AUGUST 24, 2021
The U.S. Copyright Office is seen as the authority on intellectual property issues in the United States. Just a few months ago, the Government body released a thorough review of the DMCA’s safe harbor provisions , to see if these can be improved to better suit today’s online environment. During meetings with various stakeholders, DMCA takedown notices were also discussed in detail.
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Erik K Pelton
AUGUST 24, 2021
Even as the USPTO takes new measures that may help combatting scammers, trademark scams are everywhere. Erik shares a special tool decision tree tool that he has developed to help review whether mail or email is a trademark scam or not. For more about guarding against trademark scams, see www.isthisatrademarkscam.com. The post The Trademark Scam Decision Tree appeared first on Erik M Pelton & Associates, PLLC.
Technology & Marketing Law Blog
AUGUST 24, 2021
This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The court grants Facebook’s motion to dismiss the Third Amended Complaint. I believe this case is now ready for a Ninth Circuit appeal, where anything could happen. Standing. “plaintiffs do not attempt to allege that housing was generally available in their desired markets – much less that housing Ads satisfying those criteria were being placed i
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
AUGUST 24, 2021
In April 2020, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon filed a copyright infringement lawsuit against the operators of ‘pirate’ IPTV service Nitro TV. The lawsuit alleged that Nitro TV offered subscription packages consisting of thousands of “live and title-curated television channels” available twenty-four hours a day, seven days a week, throughout the United States and abroad.
IP Watchdog
AUGUST 24, 2021
The U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Stoll writing, earlier today reversed a denial of judgment as a matter of law (JMOL) of no infringement relating to U.S. Patent No. 9,031,521, which is assigned to Dali Wireless, Inc. The court also affirmed the U.S. District Court of the Northern District of Texas on a number of other issues, including its denial of JMOL of invalidity of the ‘521 patent.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
AUGUST 24, 2021
Robert Willison, an Atlanta real estate investor, could not believe what he was seeing on the computer screen. A business associate had mentioned that Mr. Willison might want to Google himself, as some odd search results were appearing. And there they were. Post after post after post, across numerous websites and social media platforms, alleging that Mr.
SpicyIP
AUGUST 24, 2021
We’re pleased to bring to you a guest post by Eva Bishwal. Eva is a Senior Associate at Fidus Law Chambers, a boutique IP law firm in Noida. IP Division Rules: An Opportunity to Strengthen Procedural Framework. Eva Bishwal. An image of a gate at the Delhi High Court. The abolition of the IPAB and the creation of the IP Division (‘IPD’) in the Delhi High Court have been extensively discussed here and here.
IP Watchdog
AUGUST 24, 2021
The U.S. Court of Appeals for the Ninth Circuit on Monday ruled that California common law on copyright protection does not include a right of public performance, reversing a partial summary judgment for Flo & Eddie, which controls the rights to the songs of the rock band the Turtles. The case began in 2013, when Flo & Eddie sued Sirius XM Radio, Inc. for playing the Turtles’ iconic pre-1972 recordings, such as “Happy Together” and “Elenore.
IP Close Up
AUGUST 24, 2021
Seattle is the fastest growing technology hub in the U.S., home to dozens of innovative businesses, including Amazon and Microsoft, as well as Boeing, Expedia Continue reading.
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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.
IPilogue
AUGUST 24, 2021
Photo by Daniel Eledut ( Unsplash ). Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . In July, the European Union delivered an unprecedented fine against Amazon—a record $887 million USD. Luxembourg’s National Commission for Data Protection (CNPD) penalized Amazon for their misuse of consumer data for advertisement.
Copyright Alliance
AUGUST 24, 2021
Everything about YouTube is BIG. It is far and away from the most widely used video-sharing platform and, according to SEMRUSH, is the second-most visited website—with the most-visited being its […]. The post YouTube Infringement Tools Are All Foam and No Beer for Small Creators (Part 1) appeared first on Copyright Alliance.
Stock Legal Blog
AUGUST 24, 2021
It's time to go back to school! For many, that means going back to school in-person for the first time in over a year. Whether your child is starting elementary school or headed off to college, the to-do list before the first day can be long, including school supplies, new clothes, getting in doctor's visits, and more. If your child is turning 18 or headed off to college and beyond, there is one more crucial thing to add to that list: legal documents.
JD Supra Law
AUGUST 24, 2021
Back in May we reported about a draft bill in the Parliament of Uzbekistan. The bill has been approved as law now, effective since August 21, 2021 (the text in the Uzbek language is available).
Velocity of Content
AUGUST 24, 2021
Two months before my 52nd birthday, I had a transient ischemic attack (TIA), aka a mini-stroke. It was just before 8am on June 10th, about an hour after the pre-scheduled issue of my newsletter hit subscribers’ inboxes, and a pre-scheduled tweet was posted announcing it. I was still in bed at that point, no idea what the day had in store for me. I’d checked email and Twitter before getting out of bed, confirmed the newsletter and tweet were live, and after procrastinating for half an hour or so,
JD Supra Law
AUGUST 24, 2021
It has been another steamy August week here in Washington and at the Federal Circuit, with eleven new opinions fresh off the press. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.
Patently-O
AUGUST 24, 2021
by Dennis Crouch. Synopsis of this decision. Appellee : The argument proposed is hair-splitting and irrelevant to the purpose of the invention. Federal Circuit : Hair-splitting is what we do best, and also barring wax noses. Read more below. CommScope Techs. v. Dali Wireless ( Fed. Cir. 2021 ). CommScope and Dali are competing in the wireless communications infrastructure market.
JD Supra Law
AUGUST 24, 2021
With the ever-evolving world of brand protection, it may be easy to overlook some of the strongest tools available for protecting a brand. We are often drawn to the latest software or technology to stop counterfeits from making their way into the US. However, these may be part of a broader strategy that includes the tools Customs & Border Protection (CBP) makes available.
Art Law Journal
AUGUST 24, 2021
How do you make your connections? Get clients to see your work by knowing how to write the emails, how to respond, and how to organize who you are contacting. The post Getting a Gig: Reaching Out appeared first on Art Business Journal.
43(B)log
AUGUST 24, 2021
Russell v. Walmart Inc., No. CV 19-5495-MWF (JCx), 2020 WL 9073046 (C.D. Cal. Oct. 16, 2020) Russell owns registered copyrights in certain photos of sculptures that appeared on Walmart’s marketplace. Previously, the court found that all of Walmart’s affirmative defenses failed as a matter of law, except its DMCA defense, which remains for trial. There were genuine disputes of material fact as to whether Walmart was responsible for posting the photographs on the Walmart Marketplace.
Likelihood of Confusion
AUGUST 24, 2021
Princeton’s Professor Robert P. George explains the NATO-like idea behind the new Academic Freedom Alliance: “An Attack on One is an Attack on All” The post Free speech in academia appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
AUGUST 24, 2021
Michael Avenatti scored a major tactical win in his California fraud case when a federal judge declared a mistrial Tuesday, giving the disgraced lawyer a chance to fortify his defense after seeing a monthlong dress rehearsal by the government.
43(B)log
AUGUST 24, 2021
Eldmann v. Walgreen Co. 2021 WL 764121, No. 5:20-cv-04805-EJD (N.D. Cal. Feb. 26, 2021) Eldmann argued that Walgreens falsely marketed its Infants’ Pain & Fever product in contrast to its Children’s Pain & Fever Acetaminophen product. Infant products used to contain 80 mg of acetamiophen per mL, whereas children’s product contained 160 mg per 5 mL.
IP Law 360
AUGUST 24, 2021
A California federal jury on Tuesday cleared two former Applied Materials employees of criminal charges alleging they conspired for months to steal proprietary LCD chip technology trade secrets to launch a startup, but found a third employee guilty of possessing stolen trade secrets, according to their attorneys.
Likelihood of Confusion
AUGUST 24, 2021
Back to our regularly scheduled overreaching. The rent grab continues apace. According to this article, “The University of Alabama has filed a federal trademark infringement lawsuit against noted painter Daniel. The post Does Your Conscience Bother You?, Tell Me True. appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
AUGUST 24, 2021
The Patent Trial and Appeal Board has nixed claims in a Sherwood Sensing Solutions LLC fryer patent and rejected its bid to amend them, handing a victory to rival challengers Frymaster LLC and Henny Penny Corp.
JD Supra Law
AUGUST 24, 2021
The Consolidated Appropriations Act which came into existence on December 27, 2020 incorporates the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”) which established the new Copyright Claims Board (“CCB”) within the U.S. Copyright Office. By creating the CCB, Congress delivered on a long-pending recommendation from the Copyright Office that copyright owners should be given an alternative, streamlined, cost-efficient means of enforcing their intellectual property rights.
LexBlog IP
AUGUST 24, 2021
Recently, the Trademark Trial and Appeal Board (TTAB) decided against a petitioner seeking to cancel a registration on the Supplemental Register in SY Custom, Inc. v. The Tailory, LLC , Cancellation No. 92070568 (TTAB Aug. 12, 2021) (not precedential). The mark involved was THE TAILORY for “custom tailoring or dressmaking.” The case is noteworthy about how one can fail to prove a genericness case before the TTAB.
JD Supra Law
AUGUST 24, 2021
Teva Pharms. Int’l GmbH v. Eli Lilly and Co., Appeal Nos. 2020-1747, -1748, -1750 (Fed. Cir. Aug. 16, 2021) - Eli Lilly and Co. v. Teva Pharms. Int’l GmbH, Appeal Nos. 2020-1876, -1877, -1878 (Fed. Cir. Aug. 16, 2021) - In this week’s Cases of the Week, the Federal Circuit reviewed.final written decisions from multiple inter partes reviews brought by Eli Lilly against Teva Pharmaceuticals patents relating to compositions and methods for treating headaches and other vasomotor symptoms.
IP Intelligence
AUGUST 24, 2021
Recently, the Trademark Trial and Appeal Board (TTAB) decided against a petitioner seeking to cancel a registration on the Supplemental Register in SY Custom, Inc. v. The Tailory, LLC , Cancellation No. 92070568 (TTAB Aug. 12, 2021) (not precedential). The mark involved was THE TAILORY for “custom tailoring or dressmaking.” The case is noteworthy about how one can fail to prove a genericness case before the TTAB.
IP Law 360
AUGUST 24, 2021
A London appellate court handed FibroGen a partial win on Tuesday, reviving one of its anemia treatment patents and saying that its rival Akebia's planned treatment connected to kidney disease would infringe it.
JD Supra Law
AUGUST 24, 2021
Companies often hire employees to develop new products, improve processes, create new technologies, and develop new markets. But how should employers address the ownership of intellectual property created by their employees in the course of their employment? PilieroMazza’s Sarah Nash and Camilla Hundley—attorneys in the Firm’s Labor & Employment and Litigation & Dispute Resolution practice groups—reveal vital steps employers should take to minimize the risk of losing their rights.
IP Law 360
AUGUST 24, 2021
Citing the Supreme Court's recent ruling in Google v. Oracle, the Second Circuit on Tuesday slightly tweaked its opinion — but reached the same result — in a copyright case over a famous series of Andy Warhol prints.
IP and Legal Filings
AUGUST 24, 2021
With multiple trade agreements kicking off around the world, negotiations to one of the latest digital trade agreements started between Singapore and United Kingdom last month. Singapore’s minister of trade relations S. Iswaran and United Kingdom’s (UK) trade secretary Liz Truss spoke via video conference to begin talks for the UK-Singapore Digital Economy Agreement (DEA).
43(B)log
AUGUST 24, 2021
Early v. Henry Thayer Co., 2021 WL 3089025, No. 4:20-CV-1678 RLW (E.D. Mo. Jul. 22, 2021) Thayer markets THAYERS Natural Remedies, which are sold in drug stores, grocery stores, and other retail stores nationwide. Early sued Thayer for violations of the Missouri Merchandising Practices Act, breach of express warranty, and for unjust enrichment for misleading consumers into believing its products are natural and do not contain synthetic ingredients.
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