Likelihood of Confusion
NOVEMBER 23, 2022
First published July 24, 2017. I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner. The post That great, free First Amendment thing (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.
TorrentFreak
NOVEMBER 23, 2022
With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names. Following an FBI investigation, the authorities identified Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects.
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McKinsey Operations
NOVEMBER 23, 2022
Hydrogen could play an important role in helping hard-to-abate sectors meet climate targets. Countries with hydrocarbon resources and industry expertise can help build and scale the needed technology.
Technology & Marketing Law Blog
NOVEMBER 23, 2022
Bayam and ID Tech run rival online jewelry businesses. Both use Shopify as a service provider. ID Tech believed that Bayam copies too much of its copyrighted website content and pursued a whirlwind of enforcement activity, including filing two lawsuits against Bayam and sending numerous DMCA takedown demands to Shopify. Bayam’s counternotices were ineffectual, leaving 123 Bayam products offline, and Shopify warned Bayam that it may terminate services to a repeat infringer.
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?
TorrentFreak
NOVEMBER 23, 2022
Legal action filed last week by two Arizona-based companies aims to prevent pirate sites distributing their content. That’s not unusual in itself but the case is far from ordinary. Founded in 2005, CP Productions, Inc. produces adult entertainment media and uses its own website for distribution. Fornix Holdings, Inc. handles intellectual property matters for CP Productions and to date has registered 157 videos at the U.S.
IPilogue
NOVEMBER 23, 2022
Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. For all the gamers out there, do you still remember the classic, pixelated games of the 2000s? Gone are the days where fiction and reality were easily discernible, with the emergence of hyper-realistic video games such as Call of Duty , NBA 2K and God of War depicting entire fantasy worlds at a crisp 1080p quality or better.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
43(B)log
NOVEMBER 23, 2022
AHBP LLC v. Lynd Co., No. SA-22-CV-00096-XR, 2022 WL 17086368 (W.D. Tex. Nov. 18, 2022) Lexmark provides standing to a purchaser because the harms it alleged are “commercial” harms. In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina.
JD Supra Law
NOVEMBER 23, 2022
Case Name: Vifor Fresenius Medical Care Renal Pharma Ltd. v. Teva Pharms. USA, Inc., Civ. No. 18-390 (MN), 2022 WL 3562555 (D. Del. Aug. 18, 2022) (Noreika, J.) Drug Product and Patent(s)-in-Suit: Velphoro® (sucroferric oxyhydroxide); U.S. Patent No. 9,561,251 (“the ’251 patent”).
IP Law 360
NOVEMBER 23, 2022
VLSI Technology has won more than $3 billion in patent infringement verdicts against Intel Corp. in a Texas federal court so far, but those victories account for just a portion of their cross-country and international feud over chip patents. Here, Law360 takes a closer look at the global litigation and lays out the fights in each forum.
JD Supra Law
NOVEMBER 23, 2022
???????After a recent reminder from the U.S. Patent and Trademark Office (USPTO) regarding the duties of disclosure and reasonable inquiry during examination of a patent application and a Request for Comments (RFC) on the USPTO initiatives to ensure “robustness and reliability” of patent rights, the Director of the U.S. Patent and Trademark Office published a third notice in less than four months.
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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.
Michael Geist
NOVEMBER 23, 2022
Canadian Heritage Minister Pablo Rodriguez and department officials appeared before the Senate Committee on Transport and Communications yesterday on Bill C-11. I posted a Substack of my live tweeting of the Minister’s appearance, which included continued gaslighting on the applicability of the bill to user content and an acknowledgement that it could lead to algorithmic manipulation.
JD Supra Law
NOVEMBER 23, 2022
Sometimes, the best place to determine whether a work qualifies as art is in a courtroom. In a recent decision, Judge John H. Chun of the District Court for the Western District of Washington found that a driving simulator video game, Spintires, is an expressive work entitled to First Amendment protection.
U.S. Department of Commerce
NOVEMBER 23, 2022
Increasing Representation of Native Americans in STEM and Innovation. November 23, 2022. KCPullen@doc.gov. Wed, 11/23/2022 - 11:59. Investing in communities and workers. Minority business growth. Joint blog by the U.S. Patent and Trademark Office and the Economic Development Administration. This month, the U.S. Department of Commerce is celebrating Native American innovators and entrepreneurs.
JD Supra Law
NOVEMBER 23, 2022
Keith Daniel and Tom Droege saw a problem in the startup and investment community - Black founders are not on equal ground when trying to build a business. They saw it in their interactions with founders and investors, but they also looked at it from a historical context. The oppression of the Black community in America started with slavery, then barriers to owning land, and barriers to voting.
McKinsey Operations
NOVEMBER 23, 2022
As the demand for electric vehicles grows, so does the demand for the batteries to power them. Meeting that demand will require more gigafactories to be built at speed and scale.
JD Supra Law
NOVEMBER 23, 2022
Yesterday, the U.S. Copyright Office (USCO) and U.S. Patent and Trademark Office (USPTO) announced a joint study on IP issues related to NFTs.
McKinsey Operations
NOVEMBER 23, 2022
Globally, high-growth companies invest more in intangibles, such as brand, skills, and knowledge. European companies could fuel greater growth with the same strategy.
The IPKat
NOVEMBER 23, 2022
The IPKat falling asleep at the word "authentication procedure". The Unified Patent Court has been a long time coming. So long that one might have thought every possible niggle may have been resolved. But like many lawyers, it takes an impending deadline to identify issues that need to be solved. One of these issues relates to the authentication procedure to access the UPC Case Management System (CMS).
IP Law 360
NOVEMBER 23, 2022
Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
McKinsey Operations
NOVEMBER 23, 2022
Investor and Columbia Business School professor Bruce Usher explains the investment opportunities that will arise as demand for climate solutions propels business into a new era of sustainability.
The Trichordist
NOVEMBER 23, 2022
A five year rate requires a cost of living adjustment.
JD Supra Law
NOVEMBER 23, 2022
The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is expression protected by the First Amendment. The noted whisky manufacturer, undaunted by the Supreme Court’s denial of cert in January 2021, took a rare second shot earlier this year when it filed a second Petition for Certiorari, which has proven to be successful.
IP and Legal Filings
NOVEMBER 23, 2022
Introduction. The successful implementation of an arbitration award determines the efficacy of any arbitral proceeding. The rules for implementing foreign judgments in India are laid forth in Part II of the Arbitration and Conciliation Act,1961. In order to harmonise the Arbitration Act with the UNCITRAL Model Law on Arbitration, the Indian government enacted the aforementioned Act in 1996.
JD Supra Law
NOVEMBER 23, 2022
A law firm has filed a trademark infringement lawsuit against its namesake. Scott Hervey and Josh Escovedo discuss this case in this installment of The Briefing by the IP Law Blog.
LexBlog IP
NOVEMBER 23, 2022
On Monday, November 21 st , the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred by upholding the lower court’s grant of summary judgment to VIP Products LLC in a trademark infringement case. Jack Daniel’s is a widely recognized Tennessee Whiskey brand which has been around for many years.
Above the Fold
NOVEMBER 23, 2022
On Monday, November 21 st , the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred by upholding the lower court’s grant of summary judgment to VIP Products LLC in a trademark infringement case. Jack Daniel’s is a widely recognized Tennessee Whiskey brand which has been around for many years.
LexBlog IP
NOVEMBER 23, 2022
On November 22, 2022, Amneal Pharmaceuticals, Inc. (“Amneal”) announced the commercial launch of RELEUKO, a biosimilar referencing Neupogen. RELEUKO is used to treat neutropenia which is commonly experienced by patients undergoing chemotherapy. RELEUKO is Amneal’s second U.S. biosimilar launch. As we previously reported , Amneal announced the launch of its first biosimilar in the U.S., ALYMSYS (bevacizumab-maly), on October 3, 2022.
JD Supra Law
NOVEMBER 23, 2022
In 2021, the Federal Circuit determined that Amgen’s biotech antibody patents lack enablement, i.e., the specification did not teach one of ordinary skill in the art how to make and use the invention without undue experimentation. Amgen Inc. v. Sanofi, 987 F.3d 1080 (Fed. Cir. 2021). Specifically, the Federal Circuit held that undue experimentation would be required to practice the “full scope” of the claims.
IP Law 360
NOVEMBER 23, 2022
Patagonia Inc. has accused The Gap Inc. in California federal court of ripping off its Snap-T pullover fleece design, including the use of a logo that is "highly similar" to Patagonia's P-6 logo.
The IP Law Blog
NOVEMBER 23, 2022
A law firm has filed a trademark infringement lawsuit against its namesake. Scott Hervey and Josh Escovedo discuss this case in this installment of The Briefing by the IP Law Blog. Listen to this podcast episode here.
JD Supra Law
NOVEMBER 23, 2022
Key Takeaways.The Ohio Supreme Court decision in NASCAR Holdings, Inc. v. McClain is an Ohio commercial activity tax case that provides another recent example of state courts wrestling with how to apply statutory language to source revenue from intangible property.This case could provide persuasive authority for sourcing issues in other states (including recent legislative changes in Pennsylvania) and for other taxes, including sales and income taxes.The court’s focus on contract.
IP Law 360
NOVEMBER 23, 2022
Brian Nolan and Manuel Velez at Mayer Brown explore the impact of the Federal Circuit's 2021 SRI International v. Cisco Systems decision, and six other areas recent parties have focused on when litigating willful infringement in the latest case law.
JD Supra Law
NOVEMBER 23, 2022
On March 3, 2021, Via Transportation, Inc. (Plaintiff/Patent Owner) filed an infringement suit against RideCo Inc. (Defendant/Petitioner) in the U.S. District Court for the Western District of Texas for infringement of U.S. Patent No. 9,562,785 (the ’785 patent), U.S. Patent No. 9,816,824 (the ’824 patent), U.S. Patent No. 10,197,411 (the ’411 patent), and U.S.
LexBlog IP
NOVEMBER 23, 2022
The Delhi High Court (‘ Court ’) in its judgment (dated October 28, 2022) in the case of Frankfinn Aviation Service Private Limited v. Tata SIA Airlines Limited , [CS(COMM) 54/2022 & I.A. 1795/2022, 3651-52/2022] recently deliberated whether the exclusive rights available to a trademark owner under the Indian Trade Marks Act, 1999 (‘ Act ’) would restrain a third-party from use of such trademarks in a descriptive or laudatory sense.
JD Supra Law
NOVEMBER 23, 2022
The Delhi High Court (‘Court’) in its judgment (dated October 28, 2022) in the case of Frankfinn Aviation Service Private Limited v. Tata SIA Airlines Limited, [CS(COMM) 54/2022 & I.A. 1795/2022, 3651-52/2022] recently deliberated whether the exclusive rights available to a trademark owner under the Indian Trade Marks Act, 1999 (‘Act’) would restrain a third-party from use of such trademarks in a descriptive or laudatory sense.
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