Velocity of Content

SEPTEMBER 8, 2023

A federal judge has issued a preliminary injunction blocking HB 900, the controversial “book rating” law from taking effect in Texas. In court seeking to block the law, two Texas bookstores (Austin’s BookPeople and Houston’s Blue Willow Bookshop) together with the American Booksellers Association, the Association of American Publishers, the Authors Guild, and the Comic Book Legal Defense Fund had argued that HB 900 represents an unconstitutional restraint on the freedom to read, and an untenab

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Law Publishing Reporting Copyright 115

TorrentFreak

SEPTEMBER 8, 2023

As pirate set-top boxes, illegal IPTV services and infringement of live TV broadcasts remain key concerns for the audiovisual sector, the pressure is on to find more effective anti-piracy solutions. Speaking with IBC last week, Sheila Cassells, Executive VP at the Audiovisual Anti-Piracy Alliance, warned that entertainment companies need to be very concerned about “any technological development” which can be used to access pirated content.

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IP Intellectual Property Marketing Marketing 109

U.S. Department of Commerce

SEPTEMBER 8, 2023

A Message from Deputy Secretary Don Graves September 8, 2023 ASowah@doc.gov Fri, 09/08/2023 - 08:48 Dear Business Leaders, As Deputy Secretary of Commerce, I am writing to you and your members to underscore the importance of continuing our collective work toward advancing diversity, equity, inclusion, and accessibility (DEIA). DEIA initiatives are not just cornerstones of corporate responsibility but are also critical for America's growth, innovation, and economic competitiveness.

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Moral Rights Journalism Business Reporting 104

Likelihood of Confusion

SEPTEMBER 8, 2023

Letters, we get letters. Sometimes people just want to share their trademark woes with me. Sometimes they want free advice, or cheap advice, or just a broad, powerful if round. The post Upper crust – the POCKET SANDWICHES croissants saga (Part 1 of 2) appeared first on LIKELIHOOD OF CONFUSION™.

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Trademark Litigation 96

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

Biswajit Sarkar Copyright Blog

SEPTEMBER 8, 2023

In recent times, the Indian Intellectual Property Office has taken a mission for speedy disposal of all the intellectual property applications and completion of registration procedures. Following the same mission, the Indian Patent Office has taken a drive to dispose off the patent applications in a quicker way, provided all the procedures are properly attended by the applicant.

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Registration Patent Intellectual Property Patent Application 90

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

This is yet another online content removal lawsuit, and it reaches the obvious and inevitable result that dozens of cases have reached before it. The plaintiffs sought to run Facebook ads for the movie “Beautiful Blue Eyes,” a movie about the Holocaust. Facebook allegedly rejected the ads as violative of its Holocaust misinformation policy, a determination the film producers disagree with.

Contracts 87

Contracts Marketing Marketing Publishing 87

JD Supra Law

SEPTEMBER 8, 2023

As a YouTube creator myself (check out my popular legal information channel here), I have recently come to post "short" videos. These are videos under one minute, where I usually post them as a "teaser" and post a link to the full video. This is a fun new feature, and I noticed there is a "remix" feature that I can set up if I want to allow third-party creators to use either (a) a 5-second video clip or (b) an audio clip.

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IP Watchdog

SEPTEMBER 8, 2023

This week in Other Barks & Bites: A California district court dismisses a copyright infringement lawsuit against musicians Sam Smith and Nomani; the U.S. Copyright Office denies an award-winning artist copyright registration on an AI-generated piece of art; and a Delaware district judge reveres a jury ruling that awarded $15.1 million to a company that accused Google of patent infringement.

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Art Copyright Copyright Infringement Patent Infringement 72

JD Supra Law

SEPTEMBER 8, 2023

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode of The Briefing.

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Licensing Trademark 73

IP Watchdog

SEPTEMBER 8, 2023

Earlier this week, the Review Board of the U.S. Copyright Office published a decision denying registration of a work created using the generative artificial intelligence (GAI) system, Midjourney, highlighting the complexities such technology is introducing to the U.S. copyright system. The decision issued this week found that Jason M. Allen’s two-dimensional artwork, titled “Théâtre D’opéra Spatial,” contained “more than a de minimis amount” of AI-created content and that the AI content must the

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Registration Copyright Artwork Publishing 72

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

SEPTEMBER 8, 2023

On August 30, 2023, the U.S. Copyright Office published a notice of inquiry and request for comment (Notice) in connection with its ongoing study of the copyright law and policy issues raised by artificial intelligence (AI). As discussed below, the Copyright Office is exploring a wide range of issues, including whether changes are required to certain fundamental copyright principles to adapt to AI.

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Copyright Law Copyright Law Publishing 73

IP Law 360

SEPTEMBER 8, 2023

The California federal judge overseeing rapper T.I.'s $100 million intellectual property suit against MGA Entertainment teed up a possible third trial in the case, writing in a tentative order ahead of a hearing Monday that the U.S. Supreme Court's recent Jack Daniel's ruling means jurors were erroneously instructed.

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Intellectual Property IP 75

JD Supra Law

SEPTEMBER 8, 2023

The law surrounding validity, infringement, claim construction, and damages in the design patent context is notably less developed than in the utility patent context. Nevertheless, courts have fashioned a robust body of case law to guide their decisions in these disputes. Just as patent prosecution strategy is shaped by the unique characteristics of design patents, owners of such patents must also consider unique issues when preparing for and engaging in litigation.

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Design Patent Designs Design Litigation 73

IP Law 360

SEPTEMBER 8, 2023

The Rolling Stones have taken their first shot against a copyright lawsuit from a Spanish guitarist who claims to have influenced the British rock band's COVID-19-era record "Living in a Ghost Town," arguing that the row is only in a federal court in New Orleans because the lawyer taking up the case lives there.

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Copyright 75

JD Supra Law

SEPTEMBER 8, 2023

The Trade Secret Litigation: Appian v. Pegasystem - The trade secret case Appian v. Pegasystem made headlines in 2022 when a jury awarded software company Appian more than $2 billion in damages for its competitor Pega’s willful and malicious misappropriation of its trade secrets. Appian Corp. v. Pegasystem Inc., et al., Civ. No. 2020-07-216 (Circuit Court of Fairfax County, Virginia).

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Litigation 70

IP Law 360

SEPTEMBER 8, 2023

Hearst and Yahoo must face a trimmed copyright suit alleging they impermissibly reproduced photos of Paul Simon's property in articles, after a New York federal judge said Friday it adequately alleged Hearst had reason to know they were infringing when it shared them with Yahoo under a content-licensing arrangement.

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Licensing IP Copyright 75

JD Supra Law

SEPTEMBER 8, 2023

On August 28, 2023, the U.S. Court of Appeals for the Federal Circuit, in In re Cellect, Appeal No. 2022-1293, evaluated for the first time how statutorily authorized patent term adjustments interact with the judge-made doctrine of obviousness-type double patenting. In holding that all of the patents at issue were invalid, the Court provided important insight to practitioners about the risks associated with receiving patent term adjustments on certain patents that are not subject to terminal.

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Patent Intellectual Property 68

IP Law 360

SEPTEMBER 8, 2023

This week's Off The Bench features a former Fox executive getting a reprieve after a bribery conviction, an investment group accused of scamming a former college athlete on an NIL contract, and a boxer taken to court for posting explicit photos of his opponent's fiancé online. If you were sidelined this week, Law360 is here to catch you up.

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Contracts 75

JD Supra Law

SEPTEMBER 8, 2023

In its contingent cross-appeal from the Patent Trial and Appeal Board's (PTAB) adverse decision on priority against Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") in Interference No. 106,115 (directed to CRISPR-mediated gene editing), Senior Party Broad Institute, Harvard University, and MIT (collectively, "Broad") argues that the PTAB erred in denying two Preliminary Motions in that interference.

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Editing Patent 68

IP Law 360

SEPTEMBER 8, 2023

The past week in London has seen Axiom sue its former boss over allegations he misappropriated money, Barings Law bring claims against insurers on behalf of 50 pubs and restaurants seeking payouts for COVID-19 losses, and Dyson heat up its patent dispute with rival appliance maker SharkNinja over their competing hairstyling tools. Here, Law360 looks at these and other new claims in the U.K.

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Litigation Law Patent 75

JD Supra Law

SEPTEMBER 8, 2023

Partners Martin Zoltick ("Marty") and Brian Rosenbloom will be panelists on the "Practical Masterclass in Patenting AI at the EPO and USPTO", co-organized with Haseltine Lake Kempner LLP (HLK), a global intellectual property law firm headquartered in the United Kingdom. The virtual event will take place on Wednesday October 11, 2023, from 1:00 pm - 2:15 pm EDT.

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Intellectual Property Law Intellectual Property Patent IP 65

IP Law 360

SEPTEMBER 8, 2023

Most litigators know that questionnaires can reveal biases that potential jurors would never reveal in voir dire, but to maximize this tool’s utility, attorneys must choose the right questions, interpret responses effectively and weigh several other considerations, say George Speckart and Steve Wood at Courtroom Sciences.

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Litigation 75

The IP Law Blog

SEPTEMBER 8, 2023

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode of The Briefing.

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Licensing Trademark Trademark Law Law 62

IP Law 360

SEPTEMBER 8, 2023

Pop singers Sam Smith and Normani, along with record labels Sony and Universal Music, have prevailed against a copyright infringement lawsuit as a California federal judge has ruled that the melodic phrases of their 2019 song "Dancing With a Stranger" were not substantially similar to an older song with a similar name.

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Copyright Infringement Music IP Copyright 75

LexBlog IP

SEPTEMBER 8, 2023

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode of The Briefing.

Licensing 52

Licensing Trademark Intellectual Property 52

IP Law 360

SEPTEMBER 8, 2023

A California art collector involved in the sale of a "Blade Runner" movie poster is urging the Pennsylvania federal court to sanction an attorney-turned-art collector for seeking reconsideration of a previous court ruling that the court has no jurisdiction over him.

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Art 75

LexBlog IP

SEPTEMBER 8, 2023

In 1966, an ancient bronze bust found its way to the Worcester Art Museum in Massachusetts. Believed to depict the daughter of the Roman emperor, Marcus Aurelius, it was titled “ Portrait of a Lady (A Daughter of Marcus Aurelius?) ,” and sat on display in its new home for decades – until now. [1] The ancient piece was recently seized as a part of an ongoing investigation into antiquities smuggled out from what is now Turkey. [2] The artifact joins the long list of many seized b

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Art Artwork Ownership Government 52

IP Law 360

SEPTEMBER 8, 2023

Personalized Media Communications told the U.S. Supreme Court on Thursday that a decision wiping out a $308.5 million infringement verdict it won against Apple, based on PMC's delays while seeking the patent, was "a radical departure from settled case law.

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Law Patent 75

Olartemoure Blog

SEPTEMBER 8, 2023

The Consumer Protection Authority sanctioned a streaming platform for sporting events for COP 284,200,000 due to the failures that prevented users from accessing their content, as well as interruptions and latencies. Since these failures occurred during the health emergency caused by COVID-19, the authority determined that consumers were in a situation of “hypervulnerability” since it was not possible to attend sporting events in person.

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Intellectual Property Law 52

IP Law 360

SEPTEMBER 8, 2023

Round Hill Music Royalty Music Fund Ltd. said Friday that the directors of the British private equity firm, which focuses on music copyright investment, have recommended that it be taken over by U.S. company Alchemy Copyrights LLC for approximately $470 million.

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Copyright Music 74

Olartemoure Blog

SEPTEMBER 8, 2023

The General Secretariat of the Andean Community, in collaboration with the World Intellectual Property Organization (WIPO), has presented the Manual for the Examination of Trademarks in the Andean countries, aimed at improving the trademark registration process in the countries of the Andean Community. This new version of the manual updates the one that had been in use since 1996 and includes recommendations, cases, and practical guidelines to enhance the quality and efficiency of the services p

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Registration Trademark Intellectual Property 52

IP Law 360

SEPTEMBER 8, 2023

A Florida federal judge on Friday threatened an Arizona attorney with contempt of court if he fails to produce documents subpoenaed by Taser in its suit against the alleged "true owner" of electrical weapons rival Phazzer and others seeking to collect on a $7.9 million judgment.

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IP 52

Olartemoure Blog

SEPTEMBER 8, 2023

The National Directorate of Taxes and Customs (DIAN), led by Luis Carlos Reyes, conducted a joint operation with the Bogotá Metropolitan Police to verify the legality of goods stored at a specific location. As a result, foreign goods with an estimated value of $1,234 million were seized. This reflects an 11.6% increase in seizures compared to the previous year, equivalent to $337,174 million compared to the previously recorded $302,199 million.

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Intellectual Property Business 52

IP Law 360

SEPTEMBER 8, 2023

White & Case LLP has hired an intellectual property partner focused on Section 337 litigation at the U.S. International Trade Commission from Orrick Herrington & Sutcliffe LLP, to join the firm's Washington, D.C., office, the firm recently announced.

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Intellectual Property IP Litigation 52

IP and Legal Filings

SEPTEMBER 8, 2023

Introduction A ‘smell trademark’ being intangible in nature of it’s representation for registering as a trademark, has been a considerable opposition for the owners who deals with products like soaps, perfumes, creams, cosmetics, body lotions, and so on. Unlike smell, there are few non-conventional trademarks for sound, taste, motion, etc. Taking ‘odour’ as the basic constituent, plain elucidation of the chemical substance used would not be sufficient or lets say is not an acceptable standard fo

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Trademark Registration Marketing Marketing 52