TorrentFreak

OCTOBER 11, 2021

A group of movie production outfits, including affiliates of the film studios Millennium Media and Voltage Pictures, filed a lawsuit against VPN.ht in March. The companies accused the VPN provider of promoting the piracy app Popcorn Time to its users, noting that a VPN.ht IP-address was repeatedly used to share pirated films. After filing the original complaint , the copyright holders increased the pressure.

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IP Watchdog

OCTOBER 11, 2021

This week in Washington IP news, Congress is largely quiet except for a hearing of the House Artificial Intelligence Task Force regarding ethical frameworks for developing artificial intelligence (AI) applications in various industries. Elsewhere in D.C., the Center for Data Innovation explores data driven approaches in addressing e-commerce counterfeits, The Brookings Institution hosts a conversation with Susteon’s Shantanu Agarwal on the challenges of carbon removal tech, and the U.S.

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Technology & Marketing Law Blog

OCTOBER 11, 2021

This is a scraping lawsuit brought by Southwest airlines against Kiwi.com. The court issues an injunction restricting Kiwi from scraping Southwest’s website. Southwest does not allow online travel agencies to sell Southwest flights without the approval of Southwest. Its terms of use prohibit attempts to “page scrape” flight data for any commercial purpose.

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SpicyIP

OCTOBER 11, 2021

Quite a Newsance to Indian Media; Image from Newslaundry. In a new low for Indian media, Aaj Tak (owned by the media conglomerate Living Media) has allegedly taken to using copyright claims to prevent criticism of its reportage by media watchdog Newslaundry. On October 8, Newslaundry staff revealed that its YouTube operations had been stalled pending an enquiry into 53 separate copyright notices received by YouTube from Aaj Tak.

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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

OCTOBER 11, 2021

The Supreme Court's decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021), at the end of its last term resulted in many cases with pending certiorari petitions that were based on Appointment Clause challenges to be remanded to the Federal Circuit, and many (if not most) of those were remanded back to the Patent Trial and Appeal Board. The decision handed down by the Federal Circuit on Tuesday in Snyders Heart Valve LLC v.

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IP.com

OCTOBER 11, 2021

Not long ago, patent searching was seen as the exclusive domain of IP departments. Some company cultures discouraged researchers, engineers, and other inventors from looking at patents at all, fearing. The post Do R&D Teams Really Need a Patent Search Tool? appeared first on IP.com - IP Innovation and Analytics.

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JD Supra Law

OCTOBER 11, 2021

KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York. Summary: The forum selection clause in the parties' non-disclosure agreement only encompassed proceedings relating to or arising out of the agreement which, in this case, did not extend….

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Likelihood of Confusion

OCTOBER 11, 2021

Really, just Sarah Burstein: Okay, okay. Sarah and Dennis Crouch. “Iconic,” of course, could stand in for “secondary meaning,” in this case acquired distinctiveness. But that is essentially a judicial. The post That’s it. That’s the post. appeared first on LIKELIHOOD OF CONFUSION™.

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The Trichordist

OCTOBER 11, 2021

A new poll by MusicFirst shows a majority of Americans support an artist performance royalty for AM/FM radio play.

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Music 104

Patently-O

OCTOBER 11, 2021

by Dennis Crouch. US Inventor Inc. v. Hirshfeld , No. 21-40601 (5th Cir. 2021). In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. That case is now on appeal. Standards for Discretionary Dismissals : The statute particularly requires the PTO Director to issue regulations “setting forth the standards for the showing of sufficient grounds t

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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

IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., No. 2020-1940, 2021 WL 4515275 (Fed. Cir. Oct. 4, 2021). Although the “stump” art tool cited as prior art in Surgisil resembled Applicant’s lip implant (see below), the Federal Circuit found that Applicant’s “claim is

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43(B)log

OCTOBER 11, 2021

Govea v. Gruma Corp., 2021 WL 4518457, No. CV 20-8585-MWF (JCx) (C.D. Cal. Aug. 18, 2021) Previous discussion. The amended complaint fares better: the tortilla packages at issue plausibly misrepresented Mexican origin. Plaintiffs added allegations that “[u]n pedacito de México” translates to “a piece from Mexico,” in addition to “a piece of Mexico.” And they alleged a consumer survey that showed 401 participants the following image: It then asked: “Based on the label of the product, where do you

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Managing IP

OCTOBER 11, 2021

David Simon, senior vice president of IP at Salesforce, shares his views on Section 101, Fintiv, the DMCA, and more

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IP 72

43(B)log

OCTOBER 11, 2021

Engram v. GSK Consumer Healthcare Holdings (US) Inc., 2021 WL 4502439, No. 19-CV-2886(EK)(PK) (E.D.N.Y. Sept. 30, 2021) GSK sells “2 in 1 Lipcare” Chapstick: it provides moisturization and sun protection … but the former lasts longer than the latter. Engram alleged that this was misleading; the court disagreed and dismissed the complaint under NY GBL §§ 349 and 350 (and unjust enrichment).

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LexBlog IP

OCTOBER 11, 2021

By: Seth Elizondo. As the 2020 Tokyo Olympics concluded for the summer, a new copyright issue came to the forefront of entertainment law. Félix “ xQc ” Lengyel, one of the most popular content creators on the livestreaming platform Twitch, received a copyright strike under the 1998 Digital Millennium Copyright Act (“DMCA”).

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JD Supra Law

OCTOBER 11, 2021

In a recent decision, In re: OnePlus Technology (Shenzhen) Co., Ltd., Case. No. 21-165, Dkt. 20, the Federal Circuit denied China-based smartphone maker OnePlus’ petition for mandamus seeking to direct a Western District of Texas court (Judge Alan Albright) to dismiss the five underlying patent infringement actions for insufficient service of process.

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LexBlog IP

OCTOBER 11, 2021

IPNews® – On October 7th, 2021, over 37 years after the release of the film Gremlins — and just weeks before Halloween — alleged misuse of the monster’s name has resulted in a trademark dispute before the Trademark Trial and Appeal Board (TTAB). In a trademark opposition, Warner Bros. claims that a likelihood of confusion would occur if Tiny Gremlin LLC received a trademark registration for the Gremlins term.

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JD Supra Law

OCTOBER 11, 2021

Skinny labels are back in focus at the White House. On September 9, 2021, the U.S. Department of Health and Human Services submitted its much-anticipated report to the White House Competition Counsel regarding a “Comprehensive Plan for Addressing High Drug Prices.” The HHS Report—issued in response to President Biden’s Executive Order on Promoting Competition in the American Economy—contains a range of approaches for effecting reforms aimed at reducing the price of prescription drugs.

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Velocity of Content

OCTOBER 11, 2021

Ralph Lauren said he doesn’t design clothes, he designs dreams. In 1967, in a tiny office in the Empire State Building, Lauren built a business inspired by classic American apparel that today is a publicly traded company with a market cap over $8.5 billion. The bedrock of his or any fashion business is IP, intellectual property, consisting of trademarks, copyrights, and even patents.

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JD Supra Law

OCTOBER 11, 2021

By Memorandum Opinion entered on appeal from the United States District Court for the District of Delaware in SRI International, Inc. v. Cisco Systems, Inc., Case 20-1685 (Fed. Cir. September 28, 2021), the Federal Circuit reinstated the trial jury’s finding of willful infringement, affirmed the district court’s grant of attorneys’ fees and reinstated the district court’s award of enhanced damages, and reversed the district court’s judgment as a matter of law of no willful infringement on.

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Patent Infringement Law Patent 52

Likelihood of Confusion

OCTOBER 11, 2021

The Alex Kozinski dustup has everyone clucking his tongue over the seemingly inevitable march toward realization of the dictum that there is no expectation of privacy for anything going on. The post A new wrinkle in Internet privacy appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

OCTOBER 11, 2021

Having covered the background history of the evolution of college athletes’ name, image and likeness (NIL) rights in our prior bulletins, our next series of bulletins will address where we are now in the current, but still changing, regulatory and rules arena. As new state laws have been the impetus for rules and guidance changes at the NCAA, conferences and schools, this bulletin focuses on state law considerations and differences which impact how NIL deals are negotiated and dealt with by.

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BYU Copyright Blog

OCTOBER 11, 2021

As we reported on August 26, 2019, and September 28, 2020, Columbia University ("Columbia") and the Encyclopaedia Iranica Foundation ("EIF"), both of which have been connected with the production of the Encyclopaedia Iranica (the "Encyclopaedia"), have been engaged in a long-running dispute over copyrights, trademarks, and other legal causes of action that are associated with the Encyclopaedia.

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JD Supra Law

OCTOBER 11, 2021

In Kannuu Pty Ltd. v. Samsung Electronics Co., [2021-1638] (October 7, 2021) the Federal Circuit affirmed the district court denial of Samsung’s motion for a preliminary injunction compelling Samsung to seek dismissal of Samsung’s petitions for Inter Partes Review at the Patent Trial and Appeal Board (Board). By: Harness, Dickey & Pierce, P.L.C.

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Managing IP

OCTOBER 11, 2021

Rachna Bakhru of RNA Technology and IP Attorneys explains the urgent need for clear regulations surrounding cryptocurrencies and NFTs in India

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JD Supra Law

OCTOBER 11, 2021

Can an employee’s unpatentable “idea”, conceived under a duty to assign intellectual property, give rise to co-ownership in an invention conceived after employment terminates? That was the question on appeal in Bio-Rad Laboratories, Inc. v. International Trade Commission. The answer to the question made Bio-Rad an infringer of patents that it believed it co-owned.

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Managing IP

OCTOBER 11, 2021

A ruling involving champagne has further strengthened the power of GI and PDO owners – but do their broad rights now shut out fair competition?

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IAM Magazine

OCTOBER 11, 2021

L2 Mobile Technologies, an NPE controlled by Longhorn IP, tells Delaware court that the car giant declined to take a licence on FRAND terms.

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Patent Trademark Blog

OCTOBER 11, 2021

What is the meaning of new matter in patent applications? New matter in a patent application typically refers to something recited in the claims that is not supported by the specification. It can also refer to a description that an applicant tries to add to the specification that goes beyond the scope of the original disclosure. Who decides if claim language is directed to unsupported features?

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IAM Magazine

OCTOBER 11, 2021

L2 Mobile Technologies, an NPE controlled by Longhorn IP, tells Delaware court that the car giant declined to take a licence on FRAND terms.

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IP Technology Patent Litigation 40

TorrentFreak

OCTOBER 11, 2021

In April 2020, members of the Alliance for Creativity and Entertainment including Columbia, Amazon, Disney, Paramount, Warner, and Universal filed a lawsuit in the US against the operators of Nitro TV. Together they alleged that the pirate platform, led by Alejandro “Alex” Galindo, engaged in “massive and blatant infringement” of their copyrighted works including hit TV show The Office and movies such as Joker.

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43(B)log

OCTOBER 11, 2021

Roberto Coin, Inc. v. Goldstein, No. 18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. Sept. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” “After RCI stopped sourcing black jade from Kings Stone and found a new supplier, Goldstein contacted a number of stores selling RCI jewelry and disparaged RCI’s stones.

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The IPKat

OCTOBER 11, 2021

Conferences, webinars On October 13-14, the George Mason University is holding its virtual 2021 Annual Fall Conference on ‘Artificial Intelligence and Intellectual Property’ (online). Topics covered include the economics of AI and IP, tech policy in AI, and trade mark law in AI. Registration is available here. On October 14, the Fundación de Investigaciones para el Desarrollo (FIDE) is organising the 16th Global Digital Encounter, ‘Protecting Domain Names in A Worldwide Context’ (online).

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LexBlog IP

OCTOBER 11, 2021

Many of our readers are likely familiar with Eminem’s hit single “Lose Yourself.” I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” In recent weeks, “Mom’s Spaghetti” made national headlines for a different reason. A “ Mom’s Spaghetti” restaurant took its “chance to blow” by opening in downtown Detroit, Eminem appeared on the restaurant’s opening day to make his “arms heavy” serving customers, local marching band performed a

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43(B)log

OCTOBER 11, 2021

Certified Neutraceuticals Inc. v. Clorox Co., 2021 WL 4460806, No. 18-cv-0744 W (KSC) (S.D. Cal. Sept. 29, 2021) The Clorox defendants sell dietary supplements using the raw materials provided by Certified’s competitor, Avicenna. Certified alleged Lanham Act false advertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falsely advertise the source of chicken collagen used in dietary supplements sold to retail consumers.

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