Plagiarism Today

MAY 4, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: India Orders VPN Providers to Log and Hand Over Customer Data. First off today, Michael Kan at PC Magazine reports that India is enacting a new policy that, if enforced, would require virtual private network (VPN) providers to collect, store and turn over user data. The move is not directly copyright-related and actually is meant to better empower the Indian Computer Emergency Response Team (CERT-In) to deal with

Copyright Notice 196

Copyright Notice Plagiarism Licensing Privacy 196

Erik K Pelton

MAY 4, 2022

Once you have an established and protected brand, there are significant benefits to monitoring for possible infringements and conflicts. In this episode, we discuss what monitoring entails and why it is so valuable. The post The Benefits of Trademark Monitoring appeared first on Erik M Pelton & Associates, PLLC. Once you have an established and protected brand, there are significant benefits to monitoring for possible infringements and conflicts.

Trademark 113

Trademark Branding Brands Branding 113

Patently-O

MAY 4, 2022

by Dennis Crouch. For the chart below, I tabulated about 7,000 individual votes from the Federal Circuit Judges in patent cases decided 2014-2021. For each judge, I show the percentage of individual decisions that sided with the patent challenger; or patent owner in each case. The results here are not highly surprising. Judges Moore, Newman, O’Malley, and Stoll are all more likely to favor the patentee while Judges Lourie, Hughes, Dyk, Prost, and Reyna relatively more likely to side with

Patent 137

Patent 137

IP Watchdog

MAY 4, 2022

World Trade Organization (WTO) director-general Ngozi Okonjo-Iweala yesterday sent a letter to Ambassador Lansana Gberie, Chair of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), explaining that an informal group of delegates from the United States, the European Union, India and South Africa have reached a draft outcome document on the proposal to waive IP rights for COVID vaccine-related patented technologies.

Intellectual Property 134

Intellectual Property Patent Technology IP 134

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

MAY 4, 2022

by Dennis Crouch. In a divided opinion, the Federal Circuit rejected a PTAB non-obviousness decision–holding that “generic industry skepticism” is irrelevant to the question of obviousness. Auris Health, Inc. v. Intuitive Surgical Operations, Inc. , 2021-1732, — F.4th —, 2022 WL 1275241 (Fed. Cir. Apr. 29, 2022). I suggest the Auris Health majority departs from KSR by again drawing sharp lines rather than allowing for a functional, flexible analysis.

Art 126

Art Invention Patent Patent Infringement 126

IP Watchdog

MAY 4, 2022

Earlier this year, we discussed Amgen’s petition for Supreme Court review of the Federal Circuit’s affirmance invalidating several antibody patent claims based on a lack of enablement for genus claims. At that time, we believed Amgen had a slim chance of its petition being granted—mainly because the Supreme Court denied a similar petition from Idenix in 2021 (No. 20-380, January 19, 2021).

Government 131

Government Patent Litigation IP 131

IP Watchdog

MAY 4, 2022

On April 27, Senator Mazie Hirono (D-HI) and Senator Thom Tillis (R-NC), both members of the Senate Judiciary Subcommittee on Intellectual Property, wrote to Kathi Vidal, the newly confirmed Director of the United States Patent and Trademark Office (USPTO), to inquire as to why the Patent Trial and Appeal Board (PTAB) is allowing itself to become weaponized.

Intellectual Property 116

Intellectual Property Technology Patent Trademark 116

TorrentFreak

MAY 4, 2022

While many new pirate sites have a profit motive right from the start, simply getting a service up and running can be fun challenge for those with the right skills. For operators with disposable income, a free-to-use site can offer all kinds of rewards other than money. Building a community, meeting new friends, and doing something a little unusual can all yield rewards that money can’t buy.

Advertising 111

Advertising Advertising Branding Brands 111

JD Supra Law

MAY 4, 2022

In a notice published last week in the Federal Register (87 Fed. Reg. 25226), the U.S. Patent and Trademark Office announced that it will allow Applicants to submit an applicant-generated PDF version of applications filed in DOCX format along with the DOCX file when filing an application using the Office's Patent Center interface. In August of 2020, the Office announced that for applications that are not filed in DOCX format after January 1, 2022, such filings would carry a surcharge of $400.

Publishing 113

Publishing Trademark Patent 113

TorrentFreak

MAY 4, 2022

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. Until a few years ago Internet providers rarely applied such a drastic measure but, backed by several court orders, ISPs are increasingly being held to this standard. Music Companies sued RCN. Internet provider RCN is among the targeted providers.

Music 110

Music Copyright Law Law Copying 110

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

MAY 4, 2022

AURIS HEALTH, INC., v. INTUITIVE SURGICAL OPERATIONS, INC., Before Dyk, Prost, and Reyna. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: Evidence of generic industry skepticism cannot, by itself, form the basis to preclude a finding of motivation to combine.

Patent 98

Patent 98

Technology & Marketing Law Blog

MAY 4, 2022

“Plaintiff contends that Pinterest has infringed the copyrights of 51 of his works by displaying these works in proximity to advertisements and by displaying and distributing them to users via notifications.” The court gives this screenshot as an example. Davis’ copyrighted work is the red rose photo (“Kiss from a Rose”) in the upper left.

Advertising 93

Advertising Advertising Copyright Infringement Copyright 93

JD Supra Law

MAY 4, 2022

Many predict that the metaverse will be the next big thing in the internet’s evolution. Large tech companies, including Meta (formerly Facebook), Microsoft, and Amazon are investing massive resources into building it. Among other opportunities, it’s expected to be a robust environment for selling digital goods. By: Brooks Kushman P.C.

IP 98

IP 98

Olartemoure Blog

MAY 4, 2022

La entrada Infographic | Top 5 mistakes when procuring translation services se publicó primero en OlarteMoure | Intellectual Property.

Intellectual Property 98

Intellectual Property 98

U.S. Department of Commerce

MAY 4, 2022

NIST, NSF Award More Than $7.6 Million to Support Disaster Resilience Research. May 4, 2022. KCPullen@doc.gov. Wed, 05/04/2022 - 11:02. Weather and satellites. The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) and the National Science Foundation (NSF) have awarded more than $7.6 million in grants to fund research that will improve the ability of buildings, infrastructure and communities to hold strong against natural hazards.

Designs 86

Designs Design Technology Business 86

IP Law 360

MAY 4, 2022

When asked about their biggest concerns regarding the freedom-to-operate process, many patent practitioners would likely cite the risk of willful infringement, but based on recent case law there are six best practices to reduce that risk, says Gabe Sukman at ClearstoneIP.

Patent Infringement 75

Patent Infringement Patent Law 75

IAM Magazine

MAY 4, 2022

New modifications introduced by the Legislative Yuan aim to strengthen the patent linkage system, while also enhancing the protection of copyrights and trademarks and responding to current trends.

IP 75

IP Trademark Copyright Patent 75

IP Law 360

MAY 4, 2022

Holland & Knight LLP secured a nearly $5.8 million attorney fee award on behalf of a California event staffing company that spent over a decade fighting a trade secrets lawsuit brought by a competitor, with a state judge slamming the rival for using litigation as a "business plan" to hurt its competitors.

Litigation 75

Litigation Business 75

IAM Magazine

MAY 4, 2022

A sound patent outsourcing strategy proved crucial in Pixar’s drive to complete the production of Toy Story , paving the way for its unprecedented success.

Patent 75

Patent IP Reporting 75

IP Law 360

MAY 4, 2022

A Dallas lawyer said Wednesday that his firm has been retained to represent VidStream in its long-winding infringement case against Twitter over the social media company's defunct Vine app, and that the case is worth "beyond $600 million.

Social Media 75

Social Media Patent 75

The TTABlog

MAY 4, 2022

The USPTO refused to register the mark MAKE SHIFT HAPPEN in stylized form (shown first below) for "Hats; Hoodies; Shirts and short-sleeved shirts; T-shirts; Graphic T-shirts," finding confusion likely with the registered mark SHIFT HAPPENS! in stylized form (second below) for "Clothing; namely, bathrobes, hats, and t-shirts." The goods are legally identical in part, but what about the marks?

Registration 83

Registration Advertising Advertising Designs 83

IP Law 360

MAY 4, 2022

If a law firm has potential leader candidates who are reluctant to give up their client responsibilities, having co-heads may be an attractive option as it allows each leader to keep practicing law, but splitting a top job can also result in clashing egos and crippling power struggles, says consultant Patrick McKenna.

Law 75

Law 75

JD Supra Law

MAY 4, 2022

While board games, as well as game boards, parts, and certain methods of play, can be patented if they fulfill the strict requirements listed above, it is usually impractical to try and get a patent for a tabletop game. Originally published in Meeple Mountain, April 1 2022.

Intellectual Property Law 56

Intellectual Property Law Intellectual Property Designs Design 56

IP Law 360

MAY 4, 2022

The Second Circuit on Wednesday backed a lower court's decision to dismiss a copyright suit brought by the heirs of one of the composers of the hit "Can't Help Falling In Love," finding that they can't terminate an agreement transferring song rights to a marketing agency.

IP 75

IP Marketing Marketing Copyright 75

JD Supra Law

MAY 4, 2022

Intellectual property (“IP”) rights can be one of the most valuable assets of a government contractor. There are several factors potential buyers can use to properly evaluate a government contractor’s IP in mergers and acquisitions deals.

Intellectual Property 56

Intellectual Property Government IP 56

IAM Magazine

MAY 4, 2022

New modifications introduced by the Legislative Yuan aim to strengthen the patent linkage system, while also enhancing the protection of copyrights and trademarks and responding to current trends.

IP 52

IP Trademark Copyright Patent 52

LexBlog IP

MAY 4, 2022

On May 2, 2022, the ITC instituted an investigation of Hugel’s botulinum toxin product based on a complaint filed by Medytox on March 30, 2022. Medytox alleges in its complaint that Hugel expects to obtain approval and launch its product in the U.S. in 2022, and that “Hugel misappropriated Medytox’s trade secrets by stealing its proprietary strain of C. botulinum and related highly confidential manufacturing documents,” to develop Hugel’s product.

Confidentiality 52

Confidentiality Law Intellectual Property 52

IAM Magazine

MAY 4, 2022

New modifications introduced by the Legislative Yuan aim to strengthen the patent linkage system, while also enhancing the protection of copyrights and trademarks and responding to current trends.

IP 52

IP Trademark Copyright Patent 52

JD Supra Law

MAY 4, 2022

After obtaining a temporary restraining order, Freedom Franchise Systems (“Freedom”), the franchisor of a boat-club business, was denied a preliminary injunction to stop a former franchisee prospect from using claimed trade secrets. The court ruled Freedom did not show it was likely to win as the claimed secret—membership/customer contracts—likely were not trade secrets.

Contracts 52

Contracts Business 52

IAM Magazine

MAY 4, 2022

The arrival of the UPC, a sharp uptick in the number of FRAND disputes and a boost for efforts to promote IP culture, in particular among SMEs, are all having a big impact, writes Magda Voltolini.

Marketing 52

Marketing Marketing IP Patent 52

JD Supra Law

MAY 4, 2022

The laws involved in protecting board games are complicated. Various websites, forums, and Reddit threads attempt to answer questions from game designers on what they are allowed to do when designing their games, as well as how to protect certain aspects of their games. Originally published in Meeple Mountain, April 1, 2022.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Designs Design 52

IAM Magazine

MAY 4, 2022

The IP pool’s SEP-copyright-trademark package licence and reasonable royalty rate have been the secret sauce in signing up 1,900 licensees, with trademark enforcement campaigns working effectively to bar infringers.

Licensing 52

Licensing Trademark IP Copyright 52

JD Supra Law

MAY 4, 2022

The general rule under U.S. trademark law is that the first to use a trademark in U.S. commerce has priority in the mark over other "would-be" users of the same, or confusingly similar, mark. This applies in both common law and as to rights obtained by registration. Priority and ownership of the mark are required elements of a trademark infringement claim.

Ownership 52

Ownership Trademark Law Registration Trademark 52

IAM Magazine

MAY 4, 2022

The IP pool’s SEP-copyright-trademark package licence and reasonable royalty rate have been the secret sauce in signing up 1,900 licensees, with trademark enforcement campaigns working effectively to bar infringers.

Licensing 52

Licensing Trademark IP Copyright 52

JD Supra Law

MAY 4, 2022

At the time of filing any patent application with the United States and Patent Trademark Office (USPTO), patent applicants must designate their entity status. Selecting the correct entity status can significantly reduce costs, so it is important to determine the correct entity status and update the status as needed throughout a patent’s and patent application’s life.

Trademark 52

Trademark Intellectual Property Patent Application Patent 52