TorrentFreak

MAY 12, 2023

After spending more than 16 years implementing intellectual property laws introduced in 2005, amendments to intellectual property law in Vietnam came into effect on January 1, 2023. At that point, however, implementation was still to be determined so, over the past few months, the government has been drafting decrees. Issued by the government in late April, Decree No. 17/2023/ND-CP offers guidance on various copyright matters related to ISP liability and enforcement measures, including disclosur

Intellectual Property Law 120

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 120

IP Watchdog

MAY 12, 2023

This week in Other Barks & Bites: AI inventorship comments due, the United States Patent and Trademark Office (USPTO) seeks nominations to two advisory committees; Oprah’s company settles a trademark dispute with a podcast; and high-profile pharmaceutical company CEOs testify before the Senate on insulin prices.

Patent 103

Patent Trademark Intellectual Property IP 103

TorrentFreak

MAY 12, 2023

Last fall, a Texas federal jury found Grande Communications liable for willful contributory copyright infringement and ordered the ISP to pay $47 million in damages to a group of record labels. District Court Judge David Ezra confirmed the judgment in January. This was a clear mistake, according to Grande, which hoped to have it overturned. ISP Wants a Do-Over In March, the Internet provider filed a renewed motion for judgment as a matter of law.

Music 117

Music Copying Copyright Infringement Copyright 117

JD Supra Law

MAY 12, 2023

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v. Sanofi. This has not surprisingly generated a great deal of interest and amicus briefing.

102

102

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

Technology & Marketing Law Blog

MAY 12, 2023

This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. A different Nathaniel White claimed that the episode improperly featured his mugshot and thus connected him to the serial killings. Among other defendants, he sued Microsoft for Bing search results linking to the episode.

Technology 92

Technology Blogging Law Publishing 92

JD Supra Law

MAY 12, 2023

Businesses are increasingly using artificial intelligence (AI) to innovate. This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Part I of this two-part post will focus on IP procurement.

IP 102

IP Intellectual Property Privacy Business 102

JD Supra Law

MAY 12, 2023

Kilpatrick Townsend’s Sindy Ding-Voorhees recently spoke at the “13th Annual Fashion Law Symposium” held by the Fashion Law Institute at Fordham University Law School. Ms. Ding-Voorhees joined other industry leaders on a panel discussing global trade issues, with her perspectives focused on the importance of China in the fashion industry and the complications related to the potential TikTok ban.

Law 98

Law Intellectual Property IP 98

IP Law 360

MAY 12, 2023

A California federal judge kept alive Thursday the bulk of a proposed class action alleging that ChatGPT-bot creator OpenAI and Microsoft's GitHub ripped off software developers' source code to build artificial intelligence tools Copilot and Codex, finding that the threat the companies could use their code is enough to establish standing.

75

75

JD Supra Law

MAY 12, 2023

As an esports, primarily digital, brand you’ve now taken the proper steps to protect the company’s intellectual property (IP) through registering and proper protections around trade secrets. Now, what happens if you still find yourself being affected by IP pirates?

IP 98

IP Intellectual Property Branding Brands 98

IP Law 360

MAY 12, 2023

In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

Settlement 75

Settlement Litigation 75

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

MAY 12, 2023

The Supreme Court is expected to consider Teva’s pending petition for certiorari in the highly anticipated GlaxoSmithKline LLC v. Teva Pharms. USA, Inc. on May 11, 2023, a case that could carry enormous implications for the pharmaceutical industry and patent litigation. It concerns the practice known as “skinny labeling,” a practice authorized by the Hatch-Waxman Act and used by generic drug makers to avoid infringing patents that cover methods of use.

Litigation 98

Litigation Patent 98

IP Law 360

MAY 12, 2023

A New York federal judge on Thursday denied artist Richard Prince's bid to ax infringement suits from two photographers whose works were featured in an installation designed to look like Instagram posts, finding that Prince "indeed tested the boundary" between appropriation and copyright infringement, but went over the line.

Art 75

Art Copyright Copyright Infringement Designs 75

JD Supra Law

MAY 12, 2023

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized. In 2016, National Concession Group, Inc. (NCG) filed an application to register the mark “BAKKED” (Serial No. 87168058) and this stylized drop design mark.

Trademark 98

Trademark Designs Design 98

IP Law 360

MAY 12, 2023

The past week in London has seen global energy company Petrofac face up to a securities claim from investors after employee misconduct plummeted share prices, Nigerian villagers file an appeal against Leigh Day over the distribution of the settlement against Shell, and Teva begin a patent dispute against the governing board of the University of California.

Litigation 75

Litigation Settlement Government Patent 75

JD Supra Law

MAY 12, 2023

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. Patent No. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the Same.

Litigation 98

Litigation Patent 98

IP Law 360

MAY 12, 2023

A California federal court has issued writs of execution authorizing U.S. Marshals to enforce a $2 million judgment against former fugitive radio station owner Edward Stolz after he failed to pay fees to the court-appointed receiver of his former station.

IP 73

IP 73

The IPKat

MAY 12, 2023

Merpel only knows one computer language - TunaOS Back in March, Mr Justice Zacaroli handed down his decision in PQ Systems Europe v Jeff Aughton and Factroia Ltd [2023] EWHC 581 in a copyright infringement and misuse of confidential information claim (and the accompanying employment contractual issues) relating to computer software which assists in manufacturing quality assurance.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

IP Law 360

MAY 12, 2023

A California federal judge has delayed the start of a damages retrial in a $1.1 billion patent suit lodged against Apple and Broadcom by the California Institute of Technology over data transmission systems, ruling that he must first sort out newly raised issues regarding standing.

IP 73

IP Technology Patent 73

LexBlog IP

MAY 12, 2023

There has been considerable media coverage in the UK this week following the government’s announcement that it is to reduce the scope of its controversial Retained EU Law (Revocation and Reform) Bill ( Retained EU Law (Revocation and Reform) Bill publications – Parliamentary Bills – UK Parliament ). Had this bill entered into law in its original form it would have resulted in all direct EU legislation such as EU Regulations and Decisions which is currently retained under UK law

Law 59

Law Government Intellectual Property Designs 59

IP Tech Blog

MAY 12, 2023

There has been considerable media coverage in the UK this week following the government’s announcement that it is to reduce the scope of its controversial Retained EU Law (Revocation and Reform) Bill ( Retained EU Law (Revocation and Reform) Bill publications – Parliamentary Bills – UK Parliament ). Had this bill entered into law in its original form it would have resulted in all direct EU legislation such as EU Regulations and Decisions which is currently retained under UK law pursuant to post

Law 57

Law Intellectual Property Government IP 57

The IPKat

MAY 12, 2023

This Kat has never really been to Amsterdam - Schiphol Airport does not count. So she was excited to learn that this year's C5 Pharma and Biotech Patent Litigation Conference is being held in Amsterdam on 23-24 May 2023. This year's session - no surprise - delves into what litigation in the new era of the UPC will look like for pharma and biotech litigation.

Litigation 57

Litigation Patent Reporting 57

LexBlog IP

MAY 12, 2023

Understanding the Difference Between Actual Use (1(a)) and Intent to Use (1(b)) Trademark Applications by Kennington Groff What is the difference between a Section 1(a) actual use application and a Section 1(b) intent to use trademark registration application? Is one application better than the other? Why would I file a trademark registration application if I am not actually using my mark?

Trademark 52

Trademark Registration Intellectual Property Intellectual Property Law 52

JD Supra Law

MAY 12, 2023

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Trademark IP Law 52

LexBlog IP

MAY 12, 2023

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

Blogging 52

Blogging Trademark IP Law 52

JD Supra Law

MAY 12, 2023

Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media influencer. During the discussion, the attorneys covered topics such as independent contractor/employee classifications, drug screening in the workplace, permissible and impermissible actions with student-athlete endorsements, and the legal ramifications of posting on social media.

Social Media 52

Social Media Contracts Business 52

Chicago-Kent Intellectual Property Journal Blog

MAY 12, 2023

Written by Lucas Coughlin Depicted as a graph, the historical rate of human information transfer begins to climb following the printing press, grows steeper in the 1800s, takes a sharp rise around the 1950s, and ends with a huge leap at the dawn of the internet. [1] U.S. copyright law, … The post Compliance and Alignment: Ensuring Generative AI Stays Within the Bounds of Fair Use appeared first on Chicago-Kent | Journal of Intellectual Property.

Fair Use 52

Fair Use Journalism Intellectual Property Copyright Law 52

The IP Law Blog

MAY 12, 2023

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

Blogging 52

Blogging Trademark Law IP 52

LexBlog IP

MAY 12, 2023

On May 10, 2023, the Texas State Senate passed H.B. 4 , titled the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor Abbott’s desk for final signature. If signed into law, Texas will join a growing contingency of states enforcing comprehensive data privacy laws for their residents. This alert provides answers to some general questions about the TDPSA as it is currently written.

Privacy 52

Privacy Law Business Contracts 52

Olartemoure Blog

MAY 12, 2023

On May 5, Colombia’s Domestic Development Plan for the 2022 – 2026 term was approved. As far as IP is concerned, we can highlight the following topics: It establishes that when the state gives up its share over IP rights on publicly funded projects, it can now receive guaranteed profit percentage or donation with possible tax breaks. It establishes guidelines to design an agency as the body responsible for executing the science, technology and innovation policy through programs.

Intellectual Property 52

Intellectual Property IP Technology Designs 52

LexBlog IP

MAY 12, 2023

Guest Post By Leena Chitnis, Founder & CEO, Timberdog ® In today’s fast-paced business environment, intellectual property (IP) has become an invaluable asset for emerging companies. IP refers to the legal rights that are granted to individuals or businesses for their inventions, creations, and innovations. It includes patents, trademarks, copyrights, and trade secrets.

Intellectual Property 52

Intellectual Property Due Diligence IP Branding 52

Olartemoure Blog

MAY 12, 2023

Colombia’s Corporate Oversight requires Colombian companies to file a yearly report on their AML and antibribery compliance programs, respectively known as corporate reports 50 and 52. Generally, these reports used to be submitted during the first semester, pursuant to the Corporate Oversight’s yearly circular provisions. However, as of now, no circular has been released for 2023.

Reporting 52

Reporting Intellectual Property 52

LexBlog IP

MAY 12, 2023

The Commission has published a draft delegated act on audits to be performed very large online platforms (“ VLOPs “) and very large online search engines (“ VLOSEs “) pursuant to Article 37 of Digital Services Act Regulation (“ DSA “) for public feedback. Article 37 requires that VLOPs and VLOSEs engage in an annual independent audit to assess their compliance with any applicable obligations arising under Chapter 3 of the DSA and any commitments undertaken pur

Publishing 52

Publishing Reporting Designs Design 52

Olartemoure Blog

MAY 12, 2023

Bogota’s Economic Development Office has launched a call for all SMEs to participate in the “Bogota High Impact Route” program, which seeks to position the city as an innovation hub and boost corporate productivity through 3 pillars related to strengthening innovation management capabilities, financial access, and international market connections. The initiative is focused on SMEs in the city of Bogota who have growth potential and the strong desire to enhance their innovation skills and capabil

Business 52

Business Intellectual Property Marketing Marketing 52

JD Supra Law

MAY 12, 2023

Four subjects stood out in patent litigation in Texas in April 2023: (1) applicability of the customer-suit exception to the first-to-file rule; (2) the level of ties a reasonable royalty methodology must have to the facts of the case; (3) inter partes review estoppel regarding invalidity grounds in District Court litigation; and (4) effect of failure to seek preliminary injunction in ascertaining the undue prejudice factor for staying litigation.

Litigation 52

Litigation Patent 52

Chicago-Kent Intellectual Property Journal Blog

MAY 12, 2023

Written by Michael Boldt I. Introduction to Amgen Inc. v. Sanofi On November 4, 2022, the Supreme Court agreed to review Amgen Inc. v. Sanofi, No. 21-757, which questioned the proper enablement test. Amgen Inc. owns patents claiming antibodies that bind to specific proteins that effectually block these proteins from … The post Is the Enablement Standard Changing?

Journalism 52

Journalism Intellectual Property Patent Blogging 52