TorrentFreak

FEBRUARY 17, 2023

For more than 15 years, rightsholders have been obtaining injunctions that require internet service providers to block pirate sites. With no clear roadmap, early blocking applications met one complication after another. Today, most run relatively smoothly. From a cold, legal perspective, a 2020 blocking application filed by publishers Elsevier, Wiley, and American Chemical Society should’ve been straightforward.

Publishing 125

Publishing Ownership Copyright Copying 125

SpicyIP

FEBRUARY 17, 2023

Image from here Imagine a world where all numbers from 0 to 9 and their infinite permutations and combinations can be trademarked. In this unreal realm, Pinku, the owner of “89” can injunct Minku for using “82”, arguing that “8” is common in both of them. Now extend this logic to similar circumstances, such as 23 vs 28, 31 vs 91, 12 vs 21 and so on.

Trademark 121

Trademark Registration 121

IP Watchdog

FEBRUARY 17, 2023

This week in Other Barks & Bites: the U.S. Court of Appeals for the Federal Circuit (CAFC) holds that a district court committed harmless error in granting a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim because Hawk Technology Systems’ patent claims were directed to ineligible subject matter under 35 USC § 101, ultimately affirming the decision; ASML says former employee stole data related to proprietary chip technology; the U.S.

Patent Infringement 106

Patent Infringement Government Patent Technology 106

IPilogue

FEBRUARY 17, 2023

Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School. This article was submitted as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. Bill C-18, the Online News Act , which was introduced by the Minister of Canadian Heritage in April 2022, seeks to ensure that news outlets are fairly compensated for their news content by digital platforms.

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Government Journalism Business Designs 105

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

Patently-O

FEBRUARY 17, 2023

The following guest post comes from Berkeley Law Professor Peter S. Menell* who took on the pro bono task of assembling and managing a fabulous team of leading lawyers to create the Trade Secret Case Management Judicial Guide. The guide will quickly become leading the go-to source as Federal Judges manage their growing trade secrecy caseloads. The following is an introduction and request for comments. – D.C.

Litigation 105

Litigation Intellectual Property Business Government 105

SpicyIP

FEBRUARY 17, 2023

Image from here. In a recent writ petition filed by M/s.Galatea Limited regarding its pending case before IPAB, Chennai to be heard before the Madras High Court (MHC), the court directed the State Government to issue notification for the inauguration of the Intellectual Property Division (IPD). The court noted that “ litigants intending to pursue disputes pertaining to intellectual property are left remediless for a long time after the abolition of the Intellectual Property Appellate Board. ” Re

Intellectual Property 98

Intellectual Property Government Reporting Litigation 98

SpicyIP

FEBRUARY 17, 2023

In an earlier post , Swaraj highlighted that despite the Sci-hub case going on for the past 2 years (see here , here , here, here and here for previous posts on this), there has hardly been any discussion by the court on the substantive issues. SpicyIP intern Tanvi Agarwal brings us up to date on the last two orders (see here and here ) regarding amendments that the defendants wanted in the written statement, and the dismissal of the application to reject the plaint.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

JD Supra Law

FEBRUARY 17, 2023

While not new, the use of “open data” is on the rise as teams everywhere look for existing low-cost datasets to facilitate their projects without the need to personally incur the time, expense and internal approval process of sourcing and structuring such information. Despite the perceived flexibility that the name “open data” suggests, the multitude of license types and novel use cases for such open datasets magnify the impact that a license term could have in the commercialization of.

Licensing 98

Licensing 98

McKinsey Operations

FEBRUARY 17, 2023

With metals demand ramping up rapidly in the face of the energy transition, new processing technologies can help meet the supply shortfall from existing operations.

Technology 98

Technology 98

JD Supra Law

FEBRUARY 17, 2023

Judge Giles Sutherland Rich, famous for many things (including being the principal author of the 1952 Patent Act and in particular Section 103, which cabined at least for a while the Supreme Court’s penchant for invalidating patents to such an extent that Justice Jackson remarked that the only valid patent was one the Court had not had an opportunity to invalidate, Jungersen v.

Patent 97

Patent 97

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

Michael Geist

FEBRUARY 17, 2023

Canadian Heritage Minister Pablo Rodriguez took the stage at the Prime Time Conference in Ottawa on February 2 nd prepared to take a victory lap on Bill C-11 before the industry crowd. Suggesting that royal assent was only days away, Rodriguez brushed aside Senate amendments to address user content regulation concerns and stated that he would not accept material changes to the bill.

Government 89

Government Marketing Marketing 89

McKinsey Operations

FEBRUARY 17, 2023

Global supply chains have been under enormous pressure from the COVID-19 pandemic and the Ukraine crisis. In the wind and solar sectors, these pressures are compounded by industry-specific challenges.

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Patently-O

FEBRUARY 17, 2023

The launch of the Unified Patent Court (UPC) has been waiting on Germany to formally ratify the UPC agreement. That has now happened. The court is set to begin operation on June 1, 2023. Folks with European Patents will want to consider whether to file opt-outs for your patents (beginning March 1, 2023). Some patentees with highly valuable patents will likely opt-out because the UPC rules allows competitors to challenge and invalidate the patents.

Patent 90

Patent 90

McKinsey Operations

FEBRUARY 17, 2023

Companies that want to scale quickly must cultivate deep market knowledge and a culture that embraces learning through failure.

Business 102

Business Marketing Marketing 102

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. In simple terms, anyone can sign up free of charge as an ‘affiliate’ and place links on her/his website to products sold on amazon.com. If a user clicks on the link and buys a product, the affiliate earns a commission. The affiliate is an independent contractor and decides autonomously whether, and if so, how to link to products sold on amazon.com.

Advertising 70

Advertising Advertising Business Designs 70

McKinsey Operations

FEBRUARY 17, 2023

Petrochemicals players that seek out value-creating opportunities can be positioned for success.

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IP Law 360

FEBRUARY 17, 2023

Stockholders of online book and study aid giant Chegg Inc. sued the $2 billion business in Delaware's Court of Chancery on Friday, accusing the company and its directors of running an undisclosed and potentially risky, industrial-scale cheating service for students.

Business 75

Business 75

43(B)log

FEBRUARY 17, 2023

PetConnect Rescue, Inc. v. Salinas, 2023 WL 2026546, No. 20-CV-00527-RSH-DEB (S.D. Cal. Feb. 15, 2023) Defendants allegedly sold non-rescue dogs as rescue dogs. Plaintiffs PetConnect, Lucky Pup, and Second Chance Dog Rescue are three nonprofit animal rescue organizations that claim defendants infringed on their names and marks to disguise the sale of non-rescue dogs and bolster defendants’ reputations.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

IP Law 360

FEBRUARY 17, 2023

A D.C. Circuit panel seemed skeptical Friday of a three-pronged attack on the federal Copyright Royalty Board's latest hike in royalty rates webcasters must pay to play audio recordings, questioning whether SoundExchange and two radio trade groups could prove the board's decision was arbitrary and capricious.

Copyright 75

Copyright 75

IAM Magazine

FEBRUARY 17, 2023

Germany ratifies agreement, Sunrise Period to start on 1 March

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IP Law 360

FEBRUARY 17, 2023

A music production company has filed a copyright infringement lawsuit in California federal court accusing Major League Soccer and a host of its professional teams of using, without permission, hundreds of its cataloged mostly instrumental musical recordings on social media for marketing purposes.

Music 75

Music Social Media Copyright Infringement Marketing 75

JD Supra Law

FEBRUARY 17, 2023

In 2022, the US, UK and EU all escalated their sanctions enforcement rhetoric. For example, senior US enforcement officials went so far as to describe sanctions as “the new FCPA” (referring to the US. Foreign Corrupt Practices Act), signaling an expected “sea change” in the intensity with which sanctions violations will be prosecuted. Please see full Article below for more information.

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IP Law 360

FEBRUARY 17, 2023

The past week in London has seen logistics company Tuffnells Parcels hope to deliver a win in its corporate espionage lawsuit against rival DX, commodity trader Glencore sued again in a claim from Legal and General, and dairy alternative producer Oatly crying over spilled milk in a chancery appeal against the U.K.'s dairy industry trade body. Here, Law360 looks at these and other new claims in the U.K.

Litigation 75

Litigation 75

JD Supra Law

FEBRUARY 17, 2023

A recent decision from the District of New Jersey serves as a reminder to practitioners that the level of detail required to adequately plead patent infringement will depend on factors such as the complexity of the technology involved, and the materiality of particular claim elements to the infringement analysis.

Patent Infringement 55

Patent Infringement Technology Patent 55

IP Law 360

FEBRUARY 17, 2023

The Federal Circuit on Friday lifted an injunction that had barred Lite-Netics LLC from telling anyone it believes a competitor in holiday string lights had infringed its patents, saying the allegations are not "objectively baseless" or filed in bad faith.

IP 75

IP Patent 75

JD Supra Law

FEBRUARY 17, 2023

The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of the plaintiff’s suit against a domain name registrar, holding that the plaintiff did not adequately allege that the registrar used the disputed trademark “in commerce” as required by the Lanham Act. The Court also extended immunity under the Communications Decency Act to include domain name registrars.

Trademark 55

Trademark 55

IP Law 360

FEBRUARY 17, 2023

The company behind a dog toy parody of a Jack Daniel's whiskey bottle told the justices that "our somber world needs more speech and more laughter" and that the test used to free it from the liquor company's trademark infringement suit "keeps it from growing any darker.

Trademark 75

Trademark 75

JD Supra Law

FEBRUARY 17, 2023

At the heart of what is considered the first NFT trademark trial were two competing arguments: Were the artist Mason Rothschild’s creation of “MetaBirkin” NFTs — digital images of blurry faux fur-covered handbags inspired by Hèrmes’ iconic Birkin bag — artistic expression protected by the First Amendment, or were they a violation of the luxury fashion house’s intellectual property rights?

Trademark 55

Trademark Intellectual Property 55

IP Law 360

FEBRUARY 17, 2023

A federal jury in North Carolina on Friday returned a nearly $190 million verdict against Vivint Smart Home Inc., siding with rival CPI Security Systems Inc. on claims the smart home security company tricked customers into switching providers.

Trademark 75

Trademark 75

JD Supra Law

FEBRUARY 17, 2023

Considering whether the US Patent & Trademark Office (PTO) Director must complete review of the Patent Trial & Appeal Board’s (Board) inter partes review (IPR) decision within the statutory deadline for a final written decision, the US Court of Appeals for the Federal Circuit concluded that the statute imposes no such requirement. CyWee Group Ltd. v.

Trademark 55

Trademark Patent 55

LexBlog IP

FEBRUARY 17, 2023

PatentNext Summary: Following the August 2022 Federal Circuit decision in Thaler v. Vidal , 43 F.4th 1207 (Fed. Cir. 2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship. * More specifically, in Thaler , Stephan Thaler’s patent applications listed no humans as inventors, and rather listed his AI system, known as DABUS, as the inventor.

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Inventor Invention Patent Application Ownership 52

JD Supra Law

FEBRUARY 17, 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

Television 55

Television Music Art Publishing 55

Olartemoure Blog

FEBRUARY 17, 2023

A new Andean protocol, backed by Colombia, Ecuador and Peru which seeks expediting opposed trademark registrations in said countries, will be in effect starting March 1 st. This Protocol was a result of the meeting held by the USPTO administration program with the trademark directors of Colombia, Ecuador and Peru in Virginia between 06-10 February. This represents a giant leap in trademark registration processes in Colombia, Peru and Ecuador, as well as providing legal certainty for distinctive

Trademark 52

Trademark Intellectual Property Registration 52

JD Supra Law

FEBRUARY 17, 2023

On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996, finding U.S. Patent No. 7,127,210 (“the ’210 patent”) unpatentable. The ’210 patent is directed toward a wireless communication apparatus.

Patent 52

Patent 52

Olartemoure Blog

FEBRUARY 17, 2023

According to a press release published 07 February, the Bank of England and Britain’s treasury are considering changing the future of the GBP as we know it. The Bank of England is analyzing the option of issuing a digital currency for everyday household and business transactions. However, the digital pound would not replace traditional currency. On the contrary, it would replicate the role of cash in the digital world and would have the same value.

Intellectual Property 52

Intellectual Property Publishing Business Law 52