IP Watchdog

DECEMBER 16, 2021

One of the greatest attributes of copyright law is the never-ending abundance of exciting new developments, including those in Congress, the courts, and at the Copyright Office. On the surface, copyright seems straightforward in that it advances the public good by securing property rights to authors. But underneath this simple veneer lies centuries of debate about how best to balance the rights of authors with the public interest, where each distinct issue presents a veritable rabbit hole of met

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IPilogue

DECEMBER 16, 2021

Photo by Artem Beliaikin ( Pexels ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . Following its worldwide premiere on November 24, 2021, the biographical film House of Gucci may face lawsuits for its depiction of the Gucci family. The film is based on Maurizio Gucci’s life leading up to his murder by a hitman hired by his ex-wife Patricia Reggiani, played by pop star Lady Gaga.

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IP Watchdog

DECEMBER 16, 2021

The past year has seen the implementation of brand-new trademark legislation, significant analysis of trademark liability for new technologies, renewed focus on the doctrine of initial interest confusion, the transformation of Nikes into “Satan Shoes,” the functionality of chocolate dipped cookies, and the end to a long-running case involving two multi-million dollar jury awards for willful infringement.

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TorrentFreak

DECEMBER 16, 2021

Every year, the entertainment industries celebrate their stars in various award ceremonies. From the Oscars, through the Grammys, to the Emmys, there’s no shortage of spotlights for the finest performers. There is even an award for the best anti-piracy achievements. While it’s not as established as the aforementioned accolades, the Audiovisual Anti-Piracy Alliance (AAPA) praises those who protect the entertainment industries with its annual “Anti-Piracy Awards” The group, which

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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

Velocity of Content

DECEMBER 16, 2021

I recall my long-ago first car through a nostalgic filter. It was a 1967 Ford Galaxie 500, in the 2-door, fastback model. It was fire-engine red in color and possessed of a an enormous, gas-guzzling V-8 engine that would basically take the vehicle to any highway speed you needed it to go. I used to work on it myself, but most often with my Dad; we replaced spark plugs, the alternator, the radiator, brake pads, that sort of thing.

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JD Supra Law

DECEMBER 16, 2021

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you are able to prove that the alleged infringer has infringed your work and you have notified the alleged infringer regarding the infringement of your copyright.

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IP.com

DECEMBER 16, 2021

Inventors come up with good—even great—ideas all the time. However, not every good idea is worthy of patent protection. Patenting takes time, money, and expertise. In order to use these. The post Innovation Assessment: Gauging Viability with IQ Ideas Plus™ appeared first on IP.com - IP Innovation and Analytics.

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The IP Law Blog

DECEMBER 16, 2021

The IP Law Blog has been tracking the progress of the copyright infringement lawsuit filed against Taylor Swift by Sean Hall and Nathan Butler, the writers of “Playas Gon’ Play” by the girl group 3LW (released in 2001). (See “Taylor Swift Keeps Fighting the ‘Players’ and the ‘Haters’” and “Hall v. Swift: Nothing Original About a Player Hater”.) Hall and Butler allege that Swift’s lyrics in “Shake It Off” (“Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate,

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JD Supra Law

DECEMBER 16, 2021

On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino planned to auction off Pulp Fiction Non-Fungible Tokens (“NFT”) comprised of “seven uncut Pulp Fiction Scenes” which include“ scans of some pages of the Pulp Fiction script.”.

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The IPKat

DECEMBER 16, 2021

It’s December and time for what is now an annual ritual for this Africa Correspondent – The Africa IP Highlights! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year. Interested readers can find the Africa IP Highlights 2020, here. This Africa IP Highlights 2021 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Caroline Wanjiru Muchir

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Copyright IP Ownership Copyright Infringement 89

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

JD Supra Law

DECEMBER 16, 2021

In a one-count complaint for unjust enrichment filed on October 4, 2021—the 70-year anniversary of Henrietta Lacks’ death—the estate of Henrietta Lacks sued Thermo Fisher Scientific, a multibillion-dollar corporation specializing in scientific instrumentation and reagents. The estate complains of Fisher Scientific’s commercialization of cells that were taken from Henrietta Lacks without her consent of or providing compensation to her or her estate.

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Michael Geist

DECEMBER 16, 2021

For the past two years, Canadian digital tax policy has been on a collision course with Canadian trade policy. The Liberal government committed in the 2019 election campaign to a digital services tax primarily designed to target large U.S. technology companies that generate significant revenues in Canada from online advertising and user data. The policy has been adopted in several other countries, repeatedly sparking a response from the U.S. that threatens to retaliate with tariffs on sensitive

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JD Supra Law

DECEMBER 16, 2021

With more new vehicles incorporating advanced technology, the next generation of buyers may be updating their vehicles as often as their smartphones. This appetite for new features and software-defined demands has made the nervous system of automobiles—the muscular, operational components of a vehicle—increasingly complex. And with that evolution comes systemic challenges, including those related to changing standards, commodification of components, and diminishment of differentiation.

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Nelligan Law

DECEMBER 16, 2021

Reading Time: < 1 minute “Pass me a KLEENEX please.” “Would you like a POPSICLE?”. Pretty harmless requests, right? Not to the owners of these brands. The more consumers use these (and other) famous trademarks as nouns instead of adjectives, the greater the risk that the trademarks will be genericized. This is what occurs when a trademark owner loses their trademark rights as a result of the mark becoming a generic term.

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JD Supra Law

DECEMBER 16, 2021

A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly misappropriated. This creates an inherent tension between secrecy and disclosure that is not found in litigating other types of intellectual property rights (particularly patents).

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Kluwer Copyright Blog

DECEMBER 16, 2021

The European Intellectual Property Office ( EUIPO ) has recently published a report on Online Copyright Infringement in the European Union. The report examines the consumption of copyright-infringing content in the EU Member States and the UK between January 2017 and December 2020. The underlying data covers access to TV programmes, music and film, using a variety of desktop and mobile access methods, including streaming, downloading, torrents and ripping software.

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JD Supra Law

DECEMBER 16, 2021

The parties in Interference No. 106,133, namely Senior Party Sigma-Aldrich and Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad"), filed their respective lists of proposed preliminary motions four days prior to their August 3rd teleconference with the Board to present their arguments for the Board to grant leave to file any of them.

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Patently-O

DECEMBER 16, 2021

by Dennis Crouch. Ex parte The Procter & Gamble Co. , Appeal 2021-002928, APN. 16/388,898 (PTAB 2021) [ 2021002928_Mail_Decision ]. The PTAB recently issued an odd opinion in this case focusing on the written description requirement. The application is directed to a “package of absorbent articles.” I.e., a bag full of diapers. These particular diapers are designed to include a higher percentage of “bio-based materials” and fewer petrochemicals.

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IP Law 360

DECEMBER 16, 2021

In July, an extremely serious debate broke out on Twitter. As a photograph of Timothée Chalamet, Wes Anderson, Tilda Swinton and Bill Murray dressed from extremely casual to high fashion at the Cannes Film Festival made the rounds, patent attorneys came up with idea after idea of what the celebrities represented.

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Patent 76

Trading Secrets

DECEMBER 16, 2021

How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. In this fifth installment of our 2021 Trade Secrets Webinar Series, Seyfarth partners Robert Milligan and Suzanne Saxman discussed trade secret/confidentiality, non-compete and restrictive covenant issues that typically arise in M&A transactions.

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IP Law 360

DECEMBER 16, 2021

Do you have some last-minute holiday shopping to do, and you're looking to share your love of intellectual property with others? Law360 has pulled together a handy list of IP-themed gift ideas just for you.

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JD Supra Law

DECEMBER 16, 2021

In a recent decision, Commissioner Andrew Hirschfeld, who is currently performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, issued the first post-Arthrex grant of Director review. .

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IP Law 360

DECEMBER 16, 2021

The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

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Patently-O

DECEMBER 16, 2021

A requirement for continuing legal education (CLE) is on the horizon for US patent attorneys and patent agents, but that horizon has been pushed back once again. The first proposed step was a voluntary certification of CLE attendance. However, Dir. Hirshfeld and OED Dir. Will Covey have pushed that back indefinitely: On June 10, 2021, the USPTO issued a Federal Register Notice announcing that the voluntary CLE certification would commence in the spring of 2022 but that implementation of the bien

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IP Law 360

DECEMBER 16, 2021

A Delaware judge on Thursday denied Fox News' bid to toss Dominion Voting Systems' $1.6 billion defamation lawsuit accusing the news network of spreading "outlandish" claims about the 2020 election, finding that Fox's defenses that it broadcast either truthful reporting or opinions don't warrant dismissal.

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Patently-O

DECEMBER 16, 2021

US courts formerly tossed around the derogatory term “paper patents” in reference to inventions that were thought experiment scribbled down on paper and never actually reduced to practice. Ordinarily, paper patents were given more narrow construction than their more well rounded cousins. But, at least they were still on-paper. The USPTO has announced its intent to stop printing patent documents on paper as a matter of course.

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IAM Magazine

DECEMBER 16, 2021

Co-published – In-depth analysis of the data undertaken by Frances Wilding of Haseltine Lake Kempner, shows that applications and grants are on the rise, and that inventions cover a wide range of technologies.

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LexBlog IP

DECEMBER 16, 2021

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a legal dispute between Miramax and Quentin Tarantino, over his efforts to sell “Pulp Fiction” themed NFT’s. Watch this episode on the Weintraub Youtube Channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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JD Supra Law

DECEMBER 16, 2021

As a business, the rights and privileges of registering your trademark provide the keys to understanding the potential remedies available if someone infringes on your mark. Trademarks left unregistered are more vulnerable and have minimal legal protection. US trademarks are protected through registration with the United States Patent and Trademark Office.

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Trademark Art Registering Trademarks Ownership 52

LexBlog IP

DECEMBER 16, 2021

The IP Law Blog has been tracking the progress of the copyright infringement lawsuit filed against Taylor Swift by Sean Hall and Nathan Butler, the writers of “Playas Gon’ Play” by the girl group 3LW (released in 2001). (See “Taylor Swift Keeps Fighting the ‘Players’ and the ‘Haters’” and “Hall v.

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Copyright Infringement Copyright Blogging Reporting 52

JD Supra Law

DECEMBER 16, 2021

Vacating a stipulated infringement judgment based on an incorrect claim construction, the US Court of Appeals for the Federal Circuit explained that it is improper to isolate claim language from the intrinsic evidence when determining the plain and ordinary meaning of a disputed term. AstraZeneca AB v. Mylan Pharms. Inc., Case No. 21-1729 (Fed. Cir.

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IP Law 360

DECEMBER 16, 2021

The Senate Judiciary Committee voted to approve four district court nominees from Ohio and Washington state Thursday with various levels of bipartisan support, moving them one step closer to final confirmation.

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JD Supra Law

DECEMBER 16, 2021

The US Court of Appeals for the Federal Circuit found, in the context of an appeal from an inter partes review (IPR) decision, that the appellant had Article III standing and affirmed a Patent Trial & Appeal Board (Board) decision, holding the challenged claims unpatentable as obvious. ModernaTX, Inc. v. Arbutus Biopharma Corporation, Case No. 20-2329 (Fed.

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IP Law 360

DECEMBER 16, 2021

A London judge refused Thursday to slap Lenovo with an injunction for infringing InterDigital's standard-essential 4G wireless technology patent, saying caselaw remained unsettled on whether the tech giant could escape a ban with its "vague" commitment to accept court-determined licensing terms.

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JD Supra Law

DECEMBER 16, 2021

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between Miramax and Quentin Tarantino, over his efforts to sell “Pulp Fiction” themed NFT’s.

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