Hugh Stephens Blog

FEBRUARY 13, 2023

It has always been a challenge for indie musicians and performers to earn a living, and it looks like it may soon get worse for performers outside the US who hope to play gigs there. Among the big challenges to earning a living from music are piracy, the “value gap”, COVID and now a new … Continue reading "The Challenges of the Indie Musician: Piracy, the Value Gap, Broadcast Royalty Exemptions…and Now (For Foreign Performers) a Possible Tripling in US Visa Fees.

Music 246

Music 246

Plagiarism Today

FEBRUARY 13, 2023

The first contested cases are being heard before the Copyright Claims Board. Here's a look at the first to get that far. The post The First Contested Case at the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 231

Copyright Plagiarism Copyright Infringement Copyright Law 231

Erik K Pelton

FEBRUARY 13, 2023

The following is an edited transcript of my video What is the Trademark Public Advisory Committee (TPAC)? The Trademark Public Advisory Committee (TPAC) is a public committee commissioned by the USPTO that helps advise and give feedback on important issues. There are nine members in TPAC, who serve three-year terms on a rotating basis. The committee meets 3-4 times annually to get updates from the USPTO and give feedback on issues that relate to public interest in the world of trademarks.

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Trademark Intellectual Property Editing 147

Plagiarism Today

FEBRUARY 13, 2023

Getty Images sues Stability AI again, Quad9 hits back against site blocking and Bad Bunny accused of infringement in song. The post 3 Count: Quad 9 appeared first on Plagiarism Today.

Plagiarism 222

Plagiarism Copyright 222

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

TorrentFreak

FEBRUARY 13, 2023

By providing free access to millions of books, Z-Library became the go-to site for many readers in recent years. Z-Library’s very existence was put to the test last November when U.S. law enforcement seized over 200 domain names connected to the site. Two alleged Z-Library operators from Russia were arrested in Argentina as part of a criminal investigation.

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Blogging Government Publishing Copyright 145

McKinsey Operations

FEBRUARY 13, 2023

Simply put, productivity measures the amount of value created for each hour that is worked in a society.

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IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. On November 4th, 2022, the Supreme Court granted certiorari to review the Federal Circuit’s decision in Amgen v Sanofi , against the recommendation of the US government.

Patent 101

Patent Invention Art Inventor 101

JD Supra Law

FEBRUARY 13, 2023

A nine-person jury in the Southern District of New York has found that "MetaBirkin" NFTs violate Hermès International SA's rights in its "Birkin" trademarks. This is the first trial to consider the intersection of NFTs and trademark law, with big implications for where to draw the line between artistic expression and trademark infringement for blockchain-enabled digital assets.

Trademark Law 98

Trademark Law Trademark Law 98

Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Maybe it’s just me, but it sure seems like the USPTO has become more aggressive in refusing registration of trademarks. The reason has to do with registrations of similar marks. Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected.

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Trademark Registration Graphic Design Designs 97

JD Supra Law

FEBRUARY 13, 2023

From creative endeavors like art and music to practical applications like translation and weather forecasting, artificial intelligence (AI) is producing more and more content and being used by inventors. Given the nuances in how AI technology is applied, those seeking to protect AI-generated content and inventions do not always have a simple or clear path forward under US and European laws.

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Inventor Music Invention Copyright 98

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

McKinsey Operations

FEBRUARY 13, 2023

Growth in most surveyed economies exceeds pessimistic expectations; inflation moderates but is still high, and central banks stay tightening course.

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JD Supra Law

FEBRUARY 13, 2023

On January 5, 2023, President Biden signed into law the "Protecting American Intellectual Property Act of 2022." Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336, 88 Fed. Reg. 2229 (Jan. 13, 2023).

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Intellectual Property Law 98

The IPKat

FEBRUARY 13, 2023

The IPKat has received and is pleased to host the following guest contribution by former InternKat James Kwong (Norton Rose Fulbright) on a recent Chinese decision concerning protectability of a store layout under the law of unfair competition. Here’s what James writes: Decathlon successful in protecting its store layout in China by James Kwong Decathlon (Shanghai) Sports Products Co., Ltd (“Decathlon”) has recently won a dispute in China against a Chinese outdoor sports company and its related

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Branding Brands Branding Intellectual Property 86

JD Supra Law

FEBRUARY 13, 2023

USPTO Eliminates CFR Provisions Regarding Voluntary CLE Certification - In a notice published in the Federal Register (88 Fed. Reg. 4906) last month, the U.S. Patent and Trademark Office issued a final rule adopting an interim final rule that the Office published in the Federal Register in November, that eliminated provisions of the Code of Federal Regulations related to voluntary continuing legal education (CLE) certification and recognition for registered patent practitioners and individuals.

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Publishing Trademark Patent 98

IP Watchdog

FEBRUARY 13, 2023

On Friday, February 10, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal designated as precedential an August 2022 decision of the Patent Trial and Appeal Board (PTAB) denying an inter partes review (IPR) petition due to the “conclusory statements” of the petitioner’s declarant. The PTAB held in IPR2022-00624 that Xerox Corp., et. al. failed to show that there was a reasonable likelihood it would prevail in proving unpatentability of the challenged claims of Bytemark, Inc.’s U.S.

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Designs Design Patent Trademark 81

JD Supra Law

FEBRUARY 13, 2023

Case Name: Novartis Pharms Corp. v. Crystal Pharm. (Suzhou) Co., Ltd., No. 20-md-2930-RGA, 2022 WL 16921985 (D. Del. Nov. 14, 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Entresto® (sacubitril/valsartan); U.S. Patents Nos 9,517,226 (“the ’226 patent”), 9,937,143 (“the ’143 patent”), and 11,135,192 (“the ’192 patent”).

Patent 98

Patent 98

IP and Legal Filings

FEBRUARY 13, 2023

Introduction Parallel Imports refer to the act of purchasing genuine goods sold legally in one country and exporting the same to another country for resale usually for a price lower than what is prevalent in the importing country. This ability to sell the imported goods at a lower price comes from the fluctuations in the currencies or the nature of the distribution channels between the country from where the goods are exported and the country to where the goods are imported.

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Marketing Marketing IP Intellectual Property 83

JD Supra Law

FEBRUARY 13, 2023

In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its lawsuit concerning digital artwork consisting of images of Hermès’ Birkin handbag.

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Non-Fungible Tokens Artwork Trademark Art 97

McKinsey Operations

FEBRUARY 13, 2023

Specialist players are disrupting payments and challenging banks to find a new playbook.

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JD Supra Law

FEBRUARY 13, 2023

The Texas patent litigation monthly update for January 2023 summarizes one patent decision that issued from the Western District of Texas. This decision is one of the first Rule 12(b)(6) motions to dismiss granted in a patent proceeding in recent years in the Western District of Texas.

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Litigation Patent 97

Patently-O

FEBRUARY 13, 2023

by Dennis Crouch Krzysztof Sywula’s story has some thematic elements of the Netflix Glass Onion show. As he tells it, Sywula was at the Santorini Island Grill with Alexis DaCosta & Vincent Coletti talking about creating an improved app for ride sharing. During one of the meetings, Sywula apparently sketched-out a diagram on a napkin that he gave to DaCosta and that eventually served as a basis for the patent filings in this case.

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Inventor Ownership Invention Patent 75

JD Supra Law

FEBRUARY 13, 2023

The past year brought many developments in the life sciences patent legal space. Three decisions in particular hold potential ramifications for drug makers and patent holders in 2023. This year, the Supreme Court of the United States is also expected to consider standards patents claiming a genus must meet to withstand a validity challenge under Section 112—a ruling that could have a significant impact on patent holders in the biotech industry.

Patent 89

Patent IP 89

IP Watchdog

FEBRUARY 13, 2023

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a Delaware court’s grant of summary judgment for Elysium Health that the asserted claims of ChromaDex, Inc.’s patent on an isolated form of vitamin B3 are directed to unpatentable subject matter under Section 101. Judge Prost authored the opinion.

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Patent Patent Infringement Licensing Litigation 74

IP.com

FEBRUARY 13, 2023

The post Emerging Use Cases for NLP and Related Technology appeared first on IP.com - IP Innovation and Analytics.

Technology 93

Technology IP 93

The TTABlog

FEBRUARY 13, 2023

In this year's ninth appeal from of a mere descriptiveness refusal (with no reversals yet), the Board reviewed a Section 2(e)(1) refusal of SOUL FOOD MARKET for "online retail grocery store services; retail grocery stores." Applicant New Africa Ventures argued that “SOUL FOOD has no direct meaning in relation to its actual identified services, as the services make no reference to 'soul food'.

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Marketing Marketing Ownership Registration 70

IP Law 360

FEBRUARY 13, 2023

A real estate investor asked a federal judge in Florida not to reopen a case in which he was awarded $29 million in damages after a competitor ran a smear campaign against him, saying that the jury correctly considered the evidence presented during the trial.

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JD Supra Law

FEBRUARY 13, 2023

The Copyright Claims Board is a new forum for copyright holders to pursue straightforward, low-economic-value claims related to copyright infringement. The CCB may be an attractive option for copyright owners who are priced out of or hesitant to pursue copyright infringement claims in the traditional federal court setting, as it generally is easier to navigate for self-represented parties and independent creators.

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Copyright Copyright Infringement 90

IP Law 360

FEBRUARY 13, 2023

Although the U.S. House of Representatives' new select committee on China cannot act on legislation, its bipartisan mandate may enable it to establish the conditions necessary for legislation to be adopted — or not — by Congress' other committees of jurisdiction, say attorneys at Arnold & Porter.

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IP Watchdog

FEBRUARY 13, 2023

This week in Washington IP news, the Senate Committee on Commerce, Science, and Transportation begins hearings on the nomination of Gigi B. Sohn to be a Federal Communications Commission (FCC) Commissioner, and the Senate Committee on Finance discusses eliminating counterfeits. Also, the Brookings Institute holds a panel discussion on the upcoming Supreme Court oral hearings for Gonzalez v.

IP 58

IP Government Intellectual Property Patent 58

IP Law 360

FEBRUARY 13, 2023

Georgia gaming company Pace-O-Matic Inc. told a Pennsylvania federal jury Monday that it invested years of time and work into developing a line of machines branded as "Pennsylvania Skill" games — including in litigation to prove the machines require users' skills instead of chance — only for its first choice of operator to steal the name and concept.

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Branding Brands Branding Litigation 75

Barry Sookman

FEBRUARY 13, 2023

Technologies associated with blockchains have raised many novel issues of law. One of the issues is whether copyright is capable of subsisting in file formats used in the Bitcoin System. This issue was raised in the recent U.K. case, Wright & Ors v BTC Core & Ors [2023] EWHC 222 (Ch) (07 February 2023). In what can only be described as a technical question of copyright law, Justice Mellor concluded that copyright did not exist in the file format because the fixation requirement for copyr

Copyright 58

Copyright Copyright Law Technology Law 58

IP Law 360

FEBRUARY 13, 2023

Sioux Steel is asking a judge to triple the $13.5 million jury award it won in December in its farm equipment patent suit against rival Prairie Land Millwright Services, saying that Prairie Land "made this case as difficult as they possibly could, demonstrating bad faith at every turn.

Patent 74

Patent 74

IP Tech Blog

FEBRUARY 13, 2023

The The authors wish to thank Eben Kurtz for his contributions to this post. In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material.

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Business Advertising Advertising Blogging 57

IP Law 360

FEBRUARY 13, 2023

A Texas federal judge on Monday granted Dropbox's motion to transfer a suit by Topia Technology over patents for sharing electronic files to the Northern District of California.

Patent 72

Patent Technology 72

Michael Geist

FEBRUARY 13, 2023

Bill C-11 is in the hands of the government as Canadians await a decision on which Senate amendments it will accept, which might be rejected, and then how the Senate responds. A key question involves a fix to the regulation of user content provision, which provides that sound recordings are in, but user content is out. Senator Paula Simons , an independent Senator from Alberta nominated by Prime Minister Justin Trudeau to the Senate in 2018, co-crafted the compromise amendment and has been one o

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Government Law Journalism 53