Plagiarism Today
AUGUST 26, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Tommy Vext Sued by Bad Wolves’ Label for Copyright Infringement. First off today, Philip Trapp at Loudwire reports that the battle between the Bad Wolves and their former lead singer Tommy Vext has taken an additional turn, with the band’s label suing Vext for copyright infringement.
Erik K Pelton
AUGUST 26, 2021
Big businesses need trademark protection; small businesses need it even more. A small business can be crushed by a trademark dispute, or a rebranding. Trademark protection costs money, but the benefits far outweigh the costs. If you are a small business, can you afford not to protect your brand? More PELTONISMS® at [link]. The post Big businesses need trademark protection; small businesses need it even more appeared first on Erik M Pelton & Associates, PLLC.
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Plagiarism Today
AUGUST 26, 2021
Earlier this week, musician Olivia Rodrigo gave two members of the band Paramore retroactive credit on her song Good 4 U. The move came after many users began to notice similarities between Good 4 U and the 2007 Paramore song Misery Business , with some fans even creating mashups of the two songs. Though the reasons for the decision aren’t cle-ar, it was likely not one taken lightly.
TorrentFreak
AUGUST 26, 2021
In 2018, Canada’s Federal Court approved the country’s first pirate site-blocking order. Following a complaint from major media companies Rogers, Bell and TVA, the Court ordered several major ISPs to block access to the domains and IP-addresses of pirate IPTV service GoldTV. There was little opposition from Internet providers, except for TekSavvy, which quickly announced that it would appeal the ruling.
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 Watchdog
AUGUST 26, 2021
As an update to my posts from 2017, 2019, 2020, and March 2021, it has now been 86 months since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros.
TorrentFreak
AUGUST 26, 2021
Despite being one of the oldest file-sharing methods still around today, Usenet (sometimes known as newsgroups) has continued to play a role in the sharing of copyrighted content. While largely fast and efficient, by today’s standards obtaining content such as movies and TV shows from Usenet feels a little archaic. There are plenty of tools around to make the process more straightforward but for years, users have continued to rely on so-called.NZB files.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Copyright Alliance
AUGUST 26, 2021
In Part 1 of this blog post, we reviewed several YouTube copyright infringement tools that are available to certain copyright owners. These tools included Content ID, Copyright Match, the Content […]. The post YouTube Infringement Tools Are All Foam and No Beer for Small Creators (Part 2) appeared first on Copyright Alliance.
IP Watchdog
AUGUST 26, 2021
On August 24, the U.S. Court of Appeals for the Tenth Circuit affirmed in part, reversed in part and remanded a decision of the district court for the Western District of Oklahoma, holding that the Lanham Act applied to the defendants’ extraterritorial conduct. The Tenth Circuit rejected Defendants’ first argument that the Lanham act cannot be applied extraterritorially.
IPilogue
AUGUST 26, 2021
Photo by Negative Space (Pexels). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . On July 26, 2021, the fashion brand ‘Fear of God’ publicized that they had filed a trademark and counterfeit lawsuit in Illinois in early July against several e-commerce sites operating in China. The complainant alleges that websites are mimicking the appearance of legitimate resale and wholesale websites to sell counterfeit products infringing
Managing IP
AUGUST 26, 2021
In-house and private practice counsel set out the challenges and opportunities of protecting software in medical devices and software as a medical device
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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.
JD Supra Law
AUGUST 26, 2021
This is the July/August edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: DOMAIN NAME INDUSTRY NEWS EURid extends citizenship criteria and gives a last chance to UK registrants auDA imposes ring of steel around Olympic domains 17th million German domain name registered DOMAIN NAME RECUPERATION NEWS Legitimate interests in a domain name consisting of an acronym Not.
Managing IP
AUGUST 26, 2021
Rachna Bakhru of RNA Technology and IP Attorneys examines the law surrounding the ‘right to publicity’ in relation to the Olympics
The Illusion of More
AUGUST 26, 2021
Many copyright observers, me included, believe the Supreme Court’s majority opinion in Google v. Oracle was deeply flawed because rather than answer the copyrightability question presented (i.e. whether APIs are properly a subject of protection), the Court instead deconstructed that analysis and spread it across the four factors of the fair use test.
JD Supra Law
AUGUST 26, 2021
In This Issue - Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions? In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the inventor assignor of a patent from denying the validity of their previously assigned patent—but the Court did rein the doctrine in. We assess the implications of Minerva and look at tools employers and other assignees have to strengthen assignor estoppel claims on their patents in.
IP Law 360
AUGUST 26, 2021
The Federal Circuit on Thursday reversed a $1.1 billion judgment against Kite Pharma Inc. for infringing Juno Therapeutics' cancer immunotherapy patent, ruling that the patent is invalid because it lacks adequate written description support.
JD Supra Law
AUGUST 26, 2021
Earlier this month, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed (2-1) upon rehearing its October 2020 decision that a labeling carve-out by a generic drug sponsor did not preclude a finding of “induced infringement,” placing the sponsor at risk of substantial damages related to the innovator's Orange Book patent.
The IP Law Blog
AUGUST 26, 2021
Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc. v.
JD Supra Law
AUGUST 26, 2021
37 C.F.R. § 42.71(a) provides that “The Board…may grant, deny, or dismiss any petition or motion” but does not provide other specifics. The Board therefore has broad discretion in considering requests to withdraw Petitions. On July 30, 2021, the Board provided further clarity as to how late is too late when requesting withdrawal of a Petition during the pre-institution stage.
43(B)log
AUGUST 26, 2021
Allied Servs., LLC v. Smash My Trash, LLC, 2021 WL 3354839, No. 21-cv-00249-SRB (W.D. Mo. Aug. 2, 2021) Allied, aka Republic, “provides waste and recycling services to business and residential customers in the Kansas City metropolitan area.” It supplies dumpsters and open top roll-off waste containers to its customers. This equipment is designed and constructed only to collect a customer’s ordinary waste.
JD Supra Law
AUGUST 26, 2021
Examining whether the Architectural Works Copyright Protection Act enacted in 1990 protects the creation of floor plans, the US Court of Appeals for the Eighth Circuit held that such technical drawings generated for practical, rather than artistic, purposes are not covered by a statutory exception that removes the right to control pictures, paintings, photographs or other pictorial representations of their work from architects.
IP Law 360
AUGUST 26, 2021
U.S. District Judge Alan Albright on Wednesday agreed to transfer separate suits brought by Express Mobile over its patented website development methods against Facebook and eBay from the Western District of Texas to the Northern District of California, weeks after the judge denied Google's bid to transfer an Express Mobile suit.
IAM Magazine
AUGUST 26, 2021
The acquisition of the cutting-edge haematology candidates is just the latest development in the booming immuno-oncology market.
IP Law 360
AUGUST 26, 2021
The Federal Circuit on Thursday upheld a decision invalidating all the claims of four secure-transaction patents that Apple and Visa were accused of infringing with the Apple Pay contactless payment system, ruling that the patents claim nothing more than abstract ideas.
43(B)log
AUGUST 26, 2021
Simpson Strong-Tie Company Inc. v. MiTek Inc., 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. Cal. Apr. 5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. Simpson sells structural connectors for use in building construction.
JD Supra Law
AUGUST 26, 2021
Why would a small cannabis dispensary choose to plaster the fictional character Borat on its billboard – without asking permission? This misjudgment resulted in a $9 million lawsuit; but it’s not an isolated incident. In fact, theft of others’ intellectual property is a recurring problem for the fledgling cannabis industry. Part of the issue may be growing pains, as cannabis emerges from an under-the-radar black market commodity, rebelling against the status quo, into the light of legalization.
Likelihood of Confusion
AUGUST 26, 2021
From last week’s INTA Trademark Topics email discussion list. One name has been changed to protect the innocent, and the links, by way of annotation, have been added, as have. The post Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
AUGUST 26, 2021
Directly addressing the application and operation of the Federal Rules of Evidence in proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed-in-part and reversed-in-part two inter partes review (IPR) decisions, criticizing the Board’s refusal to consider a particular reference relied upon by the patent challenger on the basis of failure to authenticate.
IP Law 360
AUGUST 26, 2021
Apple and Broadcom will argue at the Federal Circuit next week that a $1.1 billion jury verdict the California Institute of Technology won last year over data transmission patents was based on erroneous claim construction and led to "enormous and unwarranted" damages. Here's a look at that case — plus all the other major cases facing the court in the coming week.
LexBlog IP
AUGUST 26, 2021
In the context of a district court litigation, a U.S. patent must be valid and enforceable or any potential reward for the Patent Owner will be moot. Defendants may argue that a patent is unenforceable in light of inequitable conduct committed during prosecution of the underlying patent application, but the standard to meet the requisite inequitable conduct to warrant unenforceability is supposedly higher after Therasense, Inc. v.
Bio Law Blog
AUGUST 26, 2021
On Aug. 26, 2021, the Federal Circuit held the asserted claims of Sloan Kettering’s CAR-T patent invalid for lack of written description, reversing the final judgment of a California district court awarding Sloan Kettering and Juno (exclusive licensee) over $1.2 billion in damages. Juno Therapeutics, Inc., et al. v. Kite Pharma, Inc., No. 2020-1758 (Fed.
LexBlog IP
AUGUST 26, 2021
In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the NCAA’s recent policy change which allows college athletes to monetize their NIL, as well as potential downsides to the new policy. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.
IP Law 360
AUGUST 26, 2021
The Federal Circuit on Thursday affirmed a lower court's ruling that Google's spreadsheet program does not infringe several spreadsheet patents owned by a unit of major patent licensing firm Acacia, after previously reversing the judge's ruling that the patents are invalid under Alice.
LexBlog IP
AUGUST 26, 2021
On August 13, 2021, Governor Pritzker signed into law a bill amending the Illinois Freedom to Work Act governing restrictive covenants and non-competition agreements. On May 30, 2021, the Illinois General Assembly passed a bill codifying existing noncompete law in some respects and modifying it in others. We detailed the Bill in a prior blog here. The Bill is now the law.
The IP Law Blog
AUGUST 26, 2021
In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the NCAA’s recent policy change which allows college athletes to monetize their NIL, as well as potential downsides to the new policy. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.
JD Supra Law
AUGUST 26, 2021
On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act (DMCA) and explain the specific requirements and procedures copyright owners and online service providers must undertake to ensure that they are compliant with the DMCA takedown requirements.
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