Tue.May 28, 2024

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Copyright Claims Board Awards It’s Highest Damages Ever

Plagiarism Today

The Copyright Claims Board (CCB) has handed down its two largest damage awards, including it's first five-figure decision. The post Copyright Claims Board Awards It’s Highest Damages Ever appeared first on Plagiarism Today.

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Erik K Pelton - Untitled Article

Erik K Pelton

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: PTO–T–2022–0034 Comments of Erik M. Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. Pelton & Associates, PLLC ® (“EMP&A”), in response to the Notice of Proposed Rulemaking, published on March 26, 2024, in the Federal Register at 89 Fed.

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3 Count: Cheater Cheater

Plagiarism Today

Bungie wins a jury verdict against a cheat maker, Japan seeks help stopping anime/manga piracy and DAZN posts about boxing piracy. The post 3 Count: Cheater Cheater appeared first on Plagiarism Today.

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How Long Does a Trademark Last?

Erik K Pelton

The post How Long Does a Trademark Last? appeared first on Erik M Pelton & Associates, PLLC.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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IOENGINE v. Ingenico: Are Electronic Communications Fair Game for the Printed Matter Doctrine?

JD Supra Law

In IOENGINE, LLC v. Ingenico Inc.,2021-1227 (Fed. Cir. May 3, 2024), the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) determination that certain claim features did not carry patentable weight under the printed matter doctrine. This decision is notable, as it concerns the application of the printed matter doctrine to a digital communication.

Patent 121
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Abbott, Dexcom Call For New Glucose Monitor Patent Trial

IP Law 360

Just over two months after a jury in Wilmington handed down a mixed verdict in a patent lawsuit over glucose monitors, both sides are now asking the judge to give them another trial.

Patent 105

More Trending

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How AI Cos. Can Cope With Shifting Copyright Landscape

IP Law 360

In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.

Copyright 105
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Serie A Legal Action Claims Cloudflare Helps Pirates Evade Piracy Shield

TorrentFreak

During the first week of April 2024, the CEO of top Italian football league Serie A was brimming with confidence. Luigi De Siervo said that Piracy Shield, Italy’s brand new anti-piracy blocking system, was having such an effect that “No pirate can sleep peacefully.” Those who doubted its capabilities, he implied, should note what Serie A investigators were seeing on pirate Telegram channels after the system’s launch; ‘excitement’ apparently, but of what kind w

IP 103
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27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law

IP Law 360

Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.

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Cox Appeals Billion Dollar Piracy Verdict Over ‘Concealed Evidence’

TorrentFreak

Late 2019, Internet provider Cox Communications lost its legal battle against a group of major record labels, including Sony and Universal. Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. Cox challenged the verdict through several routes and, earlier this year, booked a partial victory.

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IPO Diversity in Innovation Toolkit

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.

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Ex-USPTO Directors Want Vidal To Withdraw Disclaimer Plans

IP Law 360

Former U.S. Patent and Trademark Office Directors Andrei Iancu and David Kappos on Tuesday urged current Director Kathi Vidal to "immediately" withdraw proposed rules regarding so-called terminal disclaimers, saying the changes are "contrary to law" and "threaten serious harm to America's innovation economy.

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The Grand Tour of German Automotive—Overview

Christopher Roser

In 2017-18, I had the chance to visit factories of all seven Japanese car makers as part of my Grand Tour of Japanese Automotive. In the last few weeks, I had the chance to repeat this for Germany and do a Grand Tour of German Automotive. Let me show you what I saw and what. Read more The post The Grand Tour of German Automotive—Overview first appeared on AllAboutLean.com.

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Treasury To Allow Online Banking, Cloud Services For Cuba

IP Law 360

The U.S. Department of the Treasury on Tuesday eased restrictions on Cuba by modifying financial regulations to allow cloud-based services, bank accounts for entrepreneurs and remittance processing, saying the effort is to "increase support for the Cuban people.

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Celebrity Names and Trademark Claims: Insights from the Hobbs Winery Case

Patently-O

by Dennis Crouch The Federal Circuit’s recent decision involving Paul Hobbs and Hobbs Winery raises a number of important issues for anyone investing in celebrities or influencers. In the case, early investors in Hobbs Winery were unable to prevent Mr. Hobbs from using his name in other wine ventures, even though a registered mark on PAUL HOBBS was owned by Hobbs Winery.

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[Video] Webinar | Trademark Scams: Protecting Your Brand Online

JD Supra Law

Trademark owners face threats to their intellectual property assets from all sides. Scammers are using increasingly sophisticated methods to perpetrate phishing schemes, often posing convincingly as legitimate brands to hook their victims. At the same time, scams in which bad actors impersonate trademark offices to extort bogus fees or offer sham registrations are on the rise.

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[UPCKat] Sufficient certainty of patent validity/infringement in PI proceedings

The IPKat

The UPCKat is getting the hang of so many UPC hearings in Munich As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte and Hiske Roos and members from the team at Carpmaels, this post will examine the need (or not) for sufficient certainty on validity and infringement.

Patent 61
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A Brief Analysis of Determining Similar Goods in Trademark Infringement Cases people

JD Supra Law

The determination of similar goods, as a constituent element in determining whether infringement exists in trademark infringement cases, has consistently garnered significant attention, and remains a contentious issue. This article aims to provide a brief analysis and discussion of this issue through relevant legal provisions and typical cases.

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"up to" absorbency claims for period underwear were plausibly misleading

43(B)log

Gamino v. Thinx Inc., No. EDCV 23-2067 JGB (SHKx), 2024 WL 2429307 (C.D. Cal. Apr. 18, 2024) Gamino brought a host of California statutory and common law claims against Thinx, alleging that Thinx’s period underwear didn’t function as advertised; specifically, that it was incapable of holding the amount of liquid advertised. The court declined to dismiss the complaint on a variety of grounds.

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Black Widow Versus OpenAI and What it Means for Singers and Voice Actors

JD Supra Law

It seems like every week brings a new dispute over artificial intelligence (AI), mostly focused around new features and uses of generative AI. Last week was no exception, with OpenAI unveiling human-like voices soon being available in its GPT-4o multimodal language model.

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Personality Rights – Is it enough to protect us from AI?

Selvam & Selvam Blog

It is not really surprising that with the rapid development of technology, its adverse effects are also increasing every day. But is this having more implications on the popular personalities of our society, or has it just been appearing so lately? Let’s have a look. Recently, many popular actors in our entertainment industry have been victims of very convincing Deepfake videos inciting widespread alarm all around.

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How Much Searching is “Non-Exhaustive”?: Judge Gardephe Invalidates Claims as Indefinite

JD Supra Law

On April 24, 2024, United States District Court Judge Paul G. Gardephe (S.D.N.Y.) construed claims of three patents asserted by Network-1 Technologies, Inc. against Google LLC and YouTube, LLC. The court found the asserted claims of two U.S. Patents, Nos. 8,010,988 (the “’988 Patent”) and 8,904,464 (the “’464 Patent”) invalid as indefinite and granted Google’s motion for summary judgment of non-infringement on the asserted claims of a third, U.S.

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From Fruit to Fortune: Apple’s Trademark Journey and Their Fierce Protection Strategy

Intepat

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Apple has become one of the largest companies globally due to its strategic use of intellectual property rights. This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services.

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WIPO Adopts New IP Treaty on Genetic Resources & Traditional Knowledge

JD Supra Law

After nearly a quarter of a century, the World Intellectual Property Organization (WIPO) has approved the passage of a new IP treaty: the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. Originally initiated in 1999 by Colombia, negotiations for this Treaty began in 2001 and culminated in the final stage negotiations from May 13-24 of this year.

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“The Facebook Police” and likelihood of confusion

Likelihood of Confusion

There are more developments on social-networking brand management, as you would expect. Nick O’Neill at the All Facebook Blog writes: This morning I got an email from the owner of the “Cristiano Ronaldo” public profile stating that he had been disable[d] after attracting over 2.85 million fans. The reason? Most likely because the public profile […] The post “The Facebook Police” and likelihood of confusion appeared first on LIKELIHOOD OF CONFUSION™.

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Tennessee’s ELVIS Act Incorporates AI Considerations into Right of Publicity Protections

JD Supra Law

Tennessee recently amended its 1984 right of publicity statute with passage of the ELVIS Act. The existing law already protected individuals’ rights in their image and likeness. As amended, the statute will specifically call out voice as another protected element. It will become the first right of publicity statute to address copying someone’s likeness or voice with AI technologies in two ways.

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VLSI Wants Fed. Circ. To Pause Before Pursuing PQA Appeal

IP Law 360

VLSI Technology LLC has asked the Federal Circuit to hold off on deciding whether the Patent Trial and Appeal Board improperly invalidated its chip patent in a high-profile dispute until after the court rules on a key prior art issue in unrelated litigation.

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Full Federal Circuit Ditches Decades-Old Design Patent Test

JD Supra Law

This week, the full Federal Circuit overruled its decades-old test for deciding whether a design patent is invalid as obvious. LKQ Corp. v. GM Glob. Tech. Operations LLC, No. 2021-2348, 2024 WL 2280728 (Fed. Cir. May 21, 2024). The en banc court held that the “Rosen-Durling” test was “improperly rigid” and that the Graham v. John Deere framework is the correct test going forward.

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Boeing Jury Urged To Reject Co.'s $200M IP Award Ask

IP Law 360

Counsel for Boeing Co. told a jury to reject Zunum Aero Inc.'s claim it deserves nearly $200 million for alleged trade secrets misappropriation, saying during closing arguments Tuesday that Zunum wants to shift blame away from its own failures.

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PTAB Denies IPR Petition for Failure to Construe Claims

JD Supra Law

The PTAB recently denied 10x Genomics, Inc.’s (Petitioner) IPR petition (IPR2023-01299) against President and Fellows of Harvard College (Patent Owner) challenging claims of U.S. Pat. No. 11,098,303. Patent Owner identified itself and Vizgen, Inc., the exclusive licensee of the ’303 patent, as real parties-in-interest. In 10x Genomics, Inc. v. Vizgen, Inc., No. 1:22-cv-00595, Patent Owner has asserted the ’303 patent against Petitioner in a counterclaim for infringement in a pending case before.

Patent 63
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Activision Wins $14M From Call Of Duty Cheat Code Sellers

IP Law 360

Activision Publishing scored over $14.4 million in damages and nearly $300,000 in attorney fees against German companies accused of selling cheat codes for Call of Duty games when a California federal judge Tuesday granted its motion for default judgment, finding none of the defendants appeared in the case for a year.

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Patent Poetry: How to Get Your Patent Examined Sooner

JD Supra Law

The US Patent and Trademark Office (USPTO) recently extended its First Time Filer Expedited Examination Program. This pilot program is “designed to increase accessibility to the patent system for inventors who are new to the patent application process, including those in historically underserved geographic and economic areas.”.

Patent 63
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Smoke Co. Says Colo. Rival Stepping All Over 'Juicy' TM

IP Law 360

The maker of Juicy Jays and Raw rolling papers said a Colorado cannabis company is stepping on its branding, using its well-established product names to sell prerolled joints and marijuana concentrates to deceive consumers, according to a federal lawsuit.

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Latest Bid to Review Rule 36 Practice Shot Down by SCOTUS

IP Watchdog

Following the denial of another petition for certiorari in March, Jodi A. Schwendimann today lost her bid for review at the U.S. Supreme Court on the question of whether it is permissible for the U.S. Court of Appeals for the Federal Circuit (CAFC) to issue a Rule 36 affirmance of claims as being anticipated when, according to the petition, two different venues issued inconsistent claim constructions and it isn’t clear which the CAFC has deemed correct.

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Singer Tells Justices Jurors Should Hear His 'Rockstar' Song

IP Law 360

The frontman of a band called Snowblind is telling the U.S. Supreme Court that at least one appeals court judge seemingly decided for herself that his 2001 demo sounded nothing like the Nickelback hit record "Rockstar," something he thinks a jury should decide instead.

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Why File Single Class Instead of Multiclass Trademark Applications?

Patent Trademark Blog

How do you register a trademark for a lot of goods and services? Suppose you wish to register a trademark for several goods or services, and those products fall under different USPTO trademark classes. Should you file single class trademark applications? Unlike certain foreign countries, the USPTO allows multi-class trademark applications that can cover a variety of goods and services.