Plagiarism Today
FEBRUARY 14, 2022
Last week, we discussed the coming intellectual property storm for NFTs. In short, we looked at how the various copyright and trademark issues of NFTs have begun to attract the attention of creators and rightsholders, large and small, setting the stage for a wave of litigation. However, over the last weekend, it appears the next shoe has already dropped.
Erik K Pelton
FEBRUARY 14, 2022
We are pleased to release our new TRADEMARKIVE. Trademarkive? is a one-stop resource for all things trademark. We have curated this content from hundreds of EMP&A videos, podcasts, blog posts, visuals, books, and more — created over more than a decade. We have highlighted our best and most popular work on six key trademark topics to explore as you build and protect your brand.
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Plagiarism Today
FEBRUARY 14, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Xecutor Video Game Piracy Group Member Gets 3-Year Sentence. First off today, The Associated Press reports that Gary Bowser, a man who pleaded guilty to his role in the Team Xecutor piracy group, has been sentenced to forty months in prison. Bowser, who lived in Dominican Republic, was arrested in September 2020 and deported to the United States to face charges.
The Illusion of More
FEBRUARY 14, 2022
Neil Young pulls his music from Spotify to protest the content on Joe Rogan’s podcast, and Joni Mitchell and Crosby, Stills, and Nash follow suit. It’s a big story for a week, and some noise about “cancel culture” and Rogan himself lingers, but we’ve mostly moved on. Meanwhile, the economic model for music streaming is […].
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?
IPilogue
FEBRUARY 14, 2022
Photo by NordWood Themes ( Unsplash ). Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . If you see an alternative for your favoured product—with similar quality and even cheaper prices—in a grocery store, would you consider trying it? Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s.
BYU Copyright Blog
FEBRUARY 14, 2022
On January 25, 2022, Panoramic Stock Images, LTD ("Panoramic") filed a lawsuit against Washington University in St. Louis ("Wash U"), for alleged infringement on a panoramic image of the Gateway Arch ("the Work") found on the Plaintiff's website.In its complaint, Panoramic accuses Wash U of copying "Panoramic’s copyrighted Work in order to advertise, market and promote its business activities.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
FEBRUARY 14, 2022
Earlier this month, IP management and analytics firm Anaqua issued statistics on patents granted by the U.S. Patent and Trademark Office (USPTO) during 2021, providing a snapshot of the companies and countries earning the greatest number of U.S. patents, as well as the technological areas where most innovations are being protected. Among the report’s greatest takeaways include the relatively strong state of innovation through the COVID-19 pandemic.
IP Law 360
FEBRUARY 14, 2022
Dwight Yoakam reached an out-of-court settlement with Warner Music Group on Monday to end the multiplatinum-selling country music singer's copyright suit in California federal court accusing the record label of "maliciously" punishing him when he moved to end their decadeslong relationship.
IP Watchdog
FEBRUARY 14, 2022
The CAFC on Friday, February 11, denied a petition for writ of mandamus filed by B.E. Technology in November of last year asking the court to intervene to “prevent an unconstitutional deprivation of B.E.’s property rights in the onslaught of IPR proceedings that have been brought to challenge the validity of its most critical patents.” B.E. has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now.
LexBlog IP
FEBRUARY 14, 2022
For many years now, each February, the Federal Trade Commission (FTC) has issued a report reminding us that love is indeed a battlefield and that life is not always like an episode of Hart to Hart. The latest FTC data about romance scams states that the dollars (not including heartache) lost to online romance scammers have increased 80 percent since 2020, to a total reported value of $547 million in 2021.
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.
IP.com
FEBRUARY 14, 2022
Having trouble picking out a gift for Valentine’s Day? As we gear up to commemorate love, for self or significant other, we find ourselves turning to classic and heartfelt ideas. The post Thank Patent Law for Gifts this Valentine’s Day appeared first on IP.com - IP Innovation and Analytics.
IP Law 360
FEBRUARY 14, 2022
A panel of Ninth Circuit judges on Monday considered how a jury would look at an indie director's claims that M. Night Shyamalan ripped off her movie to make a TV show for Apple's streaming service, with one judge remarking that the dispute was too "close" for the lower court to order the director to pay attorney fees.
The IPKat
FEBRUARY 14, 2022
It is that time of the year once again - Katfriend Irene Calboli provides IPKat readers with a summary of the Fourth IP & Innovation Researchers of Asia (IPIRA) Conference. The previous three IPIRA conference reports can be viewed here , here and here. Below is what Irene writes: Conference Report: Fourth IP & Innovation Researchers of Asia Conference by Irene Calboli What a great start to 2022 for IP enthusiasts!
JD Supra Law
FEBRUARY 14, 2022
On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to designate certain claims deemed in the Declaration as corresponding to the Interference Count as not having such correspondence, under 37 C.F.R. 4 §§ 41.121(a)(1)(i) and 41.207(b)(2).
Patently-O
FEBRUARY 14, 2022
Travel Sentry v. Tropp ( Fed. Cir. 2022 ). Tropp’s patents cover special lockable airline luggage. U.S. Patent Nos. 7,021,537 and 7,036,728. Basically, TSA has a master key to get into the lock. But, folks already knew how to make a combination lock with a master key. The inventive additions here are in the way the lock is marketed and used.
JD Supra Law
FEBRUARY 14, 2022
By Dan Staren and David Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages because of Caltech’s unsupported two-tiered reasonable royalty patent damages theory.
TorrentFreak
FEBRUARY 14, 2022
Last October, the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com and their Russian operator Tofig Kurbanov. A Virginia federal court issued a default judgment in favor of several prominent music companies after the defendant walked away from the lawsuit. According to the order, there is a clear need to deter the behavior of Kurbanov who failed to hand over evidence including server logs.
Likelihood of Confusion
FEBRUARY 14, 2022
I, Matthew David Brozik, your dedicated lieutenant blawger, have written a novel. Actually, I’ve written three. And, also, this one—Taking Ivy Seriously—is really a novella, as it weighs in at. The post A Short Novel About a Girl and Her Copyright Problem appeared first on LIKELIHOOD OF CONFUSION™.
TorrentFreak
FEBRUARY 14, 2022
As illegal IPTV subscriptions maintain their popularity among those looking for a cheap live TV fix, rightsholders from all over the world are trying hard to counter the threat. Broadcasters and sports leagues are applying significant pressure but with VOD services now a part of many pirate IPTV packages, Hollywood studios such as Disney and distributor platforms including Netflix and Apple are playing a leading role.
Michael Geist
FEBRUARY 14, 2022
The interest in regulation and Web 3.0, the umbrella term for all matters crypto, continues to grow in countries around the world. In Canada, a new private member’s bill encourages the government to establish a regulatory framework to support innovation even as concerns mount over the use of cryptocurrency to by-pass conventional payments regulations.
IP Law 360
FEBRUARY 14, 2022
A niche publisher of gothic literature has taken its legal fight with the U.S. Copyright Office to the D.C. Circuit, saying an obscure law that still requires publishers to submit physical copies of all publications to the office or risk of thousands of dollars in fines is unconstitutional.
The TTABlog
FEBRUARY 14, 2022
The Board reversed a Section 2(a) refusal to register the mark SPACE COMMAND for books, posters, clothing, toys, and audio video recordings, ruling that the USPTO failed to prove its contention that the mark falsely suggests a connection with the U.S. Space Command. The Board did, however, uphold the Office's requirement that applicant disclaim the word "SPACE.
Managing IP
FEBRUARY 14, 2022
The 17th annual awards event will be hosted in New York City on April 7
Patently-O
FEBRUARY 14, 2022
by Dennis Crouch. GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., 18-1976 ( Fed. Cir. 2022 ). A divided Federal Circuit has denied Teva’s petition for en banc rehearing on the question of whether its FDA approved “skinny label” induced off-label infringement. The en banc rehearing vote appears to be 6-4 against rehearing. Chief Judge Moore and Judge Newman were both on the original panel.
LexBlog IP
FEBRUARY 14, 2022
We often have clients asking about using weak versus strong marks. This usually comes up because they want to use a descriptive mark and are asking why they shouldn’t. There are legal arguments to be made, but I find the most useful framing is about how the client wants to spend their money. And this is what I tell them: You will spend money to make your brand stick in the minds of your target audience.
The IPKat
FEBRUARY 14, 2022
Although spring is one month and a couple of days away from us, IP events and opportunities are already blooming and you can find a bundle of the best here. A Kat trying to negotiate an early spring with Mother Nature Conferences and events EPO Tech Day 2022 - 16 February 2022 On 16 February 2022, from 1:00pm to 5:15pm (CET), the European Patent Office (EPO) will celebrate Tech Day 2022 with the online event "Technologies of Transformation: Patenting in an era of global challenges and opportunit
LexBlog IP
FEBRUARY 14, 2022
On Tuesday, January 25, Senate Health, Education, Labor, and Pensions (HELP) Committee Chair, Senator Patty Murray (D-WA), and Ranking Member, Senator Richard Burr (R-NC) released a discussion draft of the Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act (PREVENT Pandemics Act). According to the Senate HELP Committee’s press release , the bipartisan PREVENT Pandemics Act is focused on strengthening the nation’s public health and medical preparednes
JD Supra Law
FEBRUARY 14, 2022
I submitted comments to the US Department of Justice’s call for comments that we previously discussed. Since they are rather long, I have decided to serialize them over a series of shorter posts.
Velocity of Content
FEBRUARY 14, 2022
The report card on last year’s US trade book sales is now available, and it makes very happy reading for booksellers and publishers. A++. That’s the grade given the industry for 2021by Kristen McLean of the NPD Books Group. For everyone who cares about books and reading, record sales are cause for celebration, of course. According to McLean, 2021 was the highest sales year on record for print.
JD Supra Law
FEBRUARY 14, 2022
In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to litigation across the country, impacting companies of all sizes in multiple industries. Finally, with the COVID-19 pandemic still impacting the way that business gets done, strategies for trade secret identification and protection evolved to keep up.
IP Law 360
FEBRUARY 14, 2022
Marks & Spencer hit back at Lacoste's lawsuit accusing it of infringing its trademark crocodile logo,arguing that the French clothing brand's protected design shouldn't be allowed to cover more than the classic sportwear items the brand is best known for.
IAM Magazine
FEBRUARY 14, 2022
With the highly-experienced judge confirmed to the Federal Circuit, his former colleagues in Delaware will cover the 233 cases he was scheduled to hear Docket Navigator data suggests this might favour defendants.
JD Supra Law
FEBRUARY 14, 2022
In Qualcomm Incorporated v. Apple Inc., the U.S. Court of Appeals for the Federal Circuit vacated a decision of the Patent Trial and Appeal Board (PTAB) finding that admitted prior art in Qualcomm’s patent was “prior art” that could form the basis of an inter partes review (IPR) petition. In vacating the PTAB’s decision, the court left the door open to other permissible uses of admitted prior art in an IPR.
IAM Magazine
FEBRUARY 14, 2022
The Korean company adds heft and quality to the platform’s current offering, but Qualcomm, Ericsson and Nokia are among big SEP holders that have yet to commit to the next programme.
JD Supra Law
FEBRUARY 14, 2022
Kannuu Pty Ltd. and Samsung Elecs. Co. Ltd. entered into a non-disclosure agreement (NDA) as part of business discussions concerning Kannuu’s remote control search-and-navigation technology. The NDA contained a forum-selection clause providing that “[a]ny legal action, suit, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby must be instituted exclusively” in state or federal court in Manhattan.
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