Mon.Oct 11, 2021

VPN Service will Block BitTorrent and Keep Logs to Settle Piracy Lawsuit


A group of movie production outfits, including affiliates of the film studios Millennium Media and Voltage Pictures, filed a lawsuit against in March. The companies accused the VPN provider of promoting the piracy app Popcorn Time to its users, noting that a

IPR Proceedings Were Not Prohibited by a Forum Selection Clause in a Non-disclosure Agreement

JD Supra Law

KANNUU PTY LTD. SAMSUNG ELECTRONICS CO., Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York.


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TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

Technology & Marketing Law Blog

This is a scraping lawsuit brought by Southwest airlines against 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.

Snyders Heart Valve LLC v. St. Jude Medical, LLC (Fed. Cir. 2021)

JD Supra Law

The Supreme Court's decision in United States v. Arthrex, Inc., 141 S.

That’s it. That’s the post.

Likelihood of Confusion

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.


Don’t Believe Nitro IPTV ‘Lies’, We Need Access to Their Millions, Hollywood Says


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.

Do R&D Teams Really Need a Patent Search Tool?

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?

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How does the USPTO Decide the Discretionary Aspect of Institution?


by Dennis Crouch. US Inventor Inc. 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.

counting chickens: should disgorgement be harder for false advertising than for TM?


Certified Neutraceuticals Inc. Clorox Co., 2021 WL 4460806, No. 18-cv-0744 W (KSC) (S.D. 29, 2021) The Clorox defendants sell dietary supplements using the raw materials provided by Certified’s competitor, Avicenna.

@MusicFirst: New Poll: Americans Support Bold Actions to Get Artists Paid for AM/FM Radio Airplay #IRESPECTMUSIC

The Trichordist

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

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Mexican origin claims revitalized by survey


Govea v. Gruma Corp., 2021 WL 4518457, No. CV 20-8585-MWF (JCx) (C.D. 18, 2021) Previous discussion. The amended complaint fares better: the tortilla packages at issue plausibly misrepresented Mexican origin.

How to Incorporate Privacy by Design Into Your Business

Olartemoure Blog

If you have a business, or a business idea in contemporary times, you will have to deal, one way or another, with user data. Do you want to have a webpage for your business? Would you like to know the preferences of your potential clients?

disparagement campaign in niche jewelry market could violate Lanham Act


Roberto Coin, Inc. Goldstein, No. 18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.”

Federal Circuit Hints at Easier Service of Process on Foreign Defendants

JD Supra Law

In a recent decision, In re: OnePlus Technology (Shenzhen) Co., 21-165, Dkt.

Juxtaposition doesn't necessarily mean one claim bleeds into another


Engram v. GSK Consumer Healthcare Holdings (US) Inc., 2021 WL 4502439, No. 19-CV-2886(EK)(PK) (E.D.N.Y. 30, 2021) GSK sells “2 in 1 Lipcare” Chapstick: it provides moisturization and sun protection … but the former lasts longer than the latter.

Skinny Labels Back In Focus After HHS Report On Addressing Drug Prices

JD Supra Law

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.”

Fashion & IP: A Good Fit

Velocity of Content

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.

Federal Circuit Clarifies Standards for Willful Infringement and Enhanced Damages While Reinstating, Affirming-in-Part and Reversing-in-Part Findings and Awards Below by the District of Delaware in Patent Infringement Action

JD Supra Law

By Memorandum Opinion entered on appeal from the United States District Court for the District of Delaware in SRI International, Inc. Cisco Systems, Inc., Case 20-1685 (Fed.

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A new wrinkle in Internet privacy

Likelihood of Confusion

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™. LIKELIHOOD OF CONFUSIO

Name, Image and Likeness Scouting Report, Week 4: The States Quarterback NIL Change

JD Supra Law

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.

Encyclopaedia Iranica Dispute is Ongoing

BYU Copyright Blog

THIS forum selection clause in THIS NDA agreement did not bar the IPRs

JD Supra Law

In Kannuu Pty Ltd. Samsung Electronics Co.,

This Week in Washington IP: Ethics in Artificial Intelligence, Challenges with Carbon Removal and the USPTO Hosts the 2021 Hispanic Innovation and Entrepreneurship Program

IP Watchdog

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.,

Filter Future? Updates on the Copyright Directive and Platform Liability

JD Supra Law

Recent developments at the CJEU give some shape to the practical implications of Article 17 of the Copyright Directive.

Corner office podcast: Managing Salesforce's diverse IP needs

Managing IP

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

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A Fine Line Between Co-Owner and Infringer

JD Supra Law

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. International Trade Commission.

In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?

IP Watchdog

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.,

Art 62

Monday Miscellany

The IPKat

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.

What is new matter?

Patent Trademark Blog

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? The examiner is the one who decides if your claim language covers new matter.

“Would You Capture It or Just Let It Slip?” (Eminem-Lose Yourself)

LexBlog IP

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.

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Ford is latest auto major to be hit with patent claims by Avanci member

IAM Magazine

L2 Mobile Technologies, an NPE controlled by Longhorn IP, tells Delaware court that the car giant declined to take a licence on FRAND terms. Analysis Analysis: Legal Frand/SEPS Litigation Patent Pools Patents

Olympics’ Copyright Issue Highlights the IOC’s Outdated IP Licensing Approach

LexBlog IP

By: Seth Elizondo. As the 2020 Tokyo Olympics concluded for the summer, a new copyright issue came to the forefront of entertainment law.

Demand to clarify legality of NFTs in India grows

Managing IP

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

Just Weeks Before Halloween, The Gremlins Are In Trademark Court

LexBlog IP

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).

GI owners toast success as evocation threshold ‘lowered’

Managing IP

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