Plagiarism Today

AUGUST 11, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Apple Drops iPhone Copyright Lawsuit Against Cyber Startup Corellium. First off today, Thomas Brewster at Forbes reports that Apple has settled a lawsuit with the cybersecurity company Corellium, putting an end to their two-year-long battle. The story began in 2018 when Correllium announced that it was going to allow researchers to create virtual iPhones on their computers as a way to test for security vulnerabili

Copyright 261

Copyright Settlement Reporting Plagiarism 261

TorrentFreak

AUGUST 11, 2021

Six years ago, Netflix started blocking customers who tried to access its service over a commercial VPN or proxy service. These changes came after copyright holders repeatedly complained that ‘pirates’ were bypassing Netflix’s geographical restrictions. The VPN ban caused a lot of frustration for legitimate VPN users, many of whom had no intention of breaking any rules.

IP 145

IP Social Media Reporting Copyright 145

The IPKat

AUGUST 11, 2021

IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. Former GuestKat Mirko Brüß analyzes a very interesting recent German decision , which has tackled the application of such exclusive right in the context of linking within online image sharing service Pinterest.

Copyright Infringement 145

Copyright Infringement Copyright Due Diligence Social Media 145

IP Watchdog

AUGUST 11, 2021

Believe it or not, a recent op-ed in the Washington Post written by Robin Feldman took the position that pharmaceutical companies should charge prices for their drugs that would surely guarantee that they go bankrupt. An absurd position even for a law professor who is ideologically predisposed to an irrational hatred of patents, but precisely the position Feldman articulated.

Business 144

Business Law Patent Government 144

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

AUGUST 11, 2021

For many years YouTube was a haven for people to upload and distribute videos explaining how to get otherwise premium content for free. Tutorials for Kodi addons, infringing Android apps, and otherwise piracy-related videos were displayed in their thousands, providing assistance to established and would-be pirates alike. Back in 2018 we predicted that the platform wouldn’t put up with this forever and soon enough, YouTube began clamping down on this type of content using its ‘harmful

Technology 134

Technology Copyright 134

IP Watchdog

AUGUST 11, 2021

Techtronic Industries North America, Inc. (TTI) is seeking a Patent Portfolio Development Manager. This is a full-time, permanent position that reports to the Group Chief IP Counsel of the IPHQ team and will be located at our Group Headquarters site in Fort Lauderdale, Florida.

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Patent Reporting IP Intellectual Property 124

IP Watchdog

AUGUST 11, 2021

On August 6, the U.S. Court of Appeals for the Eleventh Circuit issued a decision in Boigris v. EWC P&T, LLC in which the appellate court affirmed a ruling by the Southern District of Florida granting summary judgment to EWC, the owner of the nationwide European Wax Center chain of beauty salons, on cybersquatting claims filed against the owner of several GoDaddy domains that were registered in bad faith to profit from EWC’s stores.

Registering Trademarks 119

Registering Trademarks Trademark Litigation Intellectual Property 119

The Illusion of More

AUGUST 11, 2021

We may finally be at the end of a five-year litigation between Dr. Seuss Enterprises (DSE) and ComicMix. The latter produced a book called Oh, the Places You’ll Boldly Go!, a mash-up of Dr. Seuss and Star Trek that, though funny, was neither parodic nor fair use under any of the four factors according to […]. The post Is ComicMix going to trial?

Fair Use 112

Fair Use Litigation Copyright 112

IPilogue

AUGUST 11, 2021

Photo by: Antoine Beauvillain (Unsplash). Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . We’ve come a long way from the days of legally forcing people to take their own pictures for their driver’s licenses to store in the provincial facial recognition data bank. Facial recognition technology, despite various controversies, has continued its presence in society.

Privacy 106

Privacy Technology Intellectual Property Law 106

IP Watchdog

AUGUST 11, 2021

Numbers were relatively stable last week, with the district courts seeing 57 new patent filings and the Patent Trial and Appeal Board (PTAB) seeing 25 petitions (two post grant reviews [PGRs] and 23 inter partes reviews [IPRs]). A big chunk of the PTAB action was against Ocean Semiconductor LLC by Applied Materials, Inc., who filed five against the litigation financed entity (Fullbrite Capital Partners, LLC), and six filed by Lumenis Ltd. against BTL Healthcare Technologies A.S in an apparent li

Litigation 105

Litigation Patent Technology Intellectual Property 105

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

Likelihood of Confusion

AUGUST 11, 2021

Originally published May 30, 2017. I’ve got trademark use on the brain! Maybe it’s the Belmora effect — the result of living in a world in which use of a trademark in. The post Phantoms, zombies and the big problem with trademark use (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.

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Trademark Publishing Trademark Law Law 98

JD Supra Law

AUGUST 11, 2021

GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL - Before Moore, Newman, Prost (dissent). Panel rehearing of an appeal from the U.S. District Court for the District of Delaware - Summary: Substantial evidence supported the jury verdict of induced infringement when testimony indicated that a generic failed to carve out a potentially infringing use from a label and the generic’s advertisements provided further evidence of an intent to encourage the patented use.

Advertising 98

Advertising Advertising Patent 98

Art Law Journal

AUGUST 11, 2021

Licensing a creative design can provide you with additional income, branding and partnership opportunities. Here we review what licensing is and how to do it. The post How Do I License My Creative Design? appeared first on Art Business Journal.

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Licensing Designs Design Journalism 98

JD Supra Law

AUGUST 11, 2021

Machine learning (ML), bioinformatics, artificial intelligence (AI), and other computational tools have become ubiquitous in the biotech and synthetic biology industries because such technology allows for rapid processing of a large amount of complex data to produce advancements in therapeutics and diagnostics. As we previously discussed in Patenting Considerations for Artificial Intelligence in Biotech and Synthetic Biology Part 1 and Part 2, applications such as sequencing and functional.

Intellectual Property 98

Intellectual Property Technology Patent 98

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

Vault recently announced that Fish & Richardson has ranked #1 in its 2022 “Best Law Firms for Intellectual Property” survey. The organization provides in-depth intelligence on top law firms in the industry, drawing upon direct surveys and commentary from current employees. . Vault reported that Fish received high marks from associates for the firm’s flexibility, opportunities for substantive work, and collegial firm culture driven by principals who are “respectful, understanding, and appre

Intellectual Property 97

Intellectual Property Law Reporting 97

JD Supra Law

AUGUST 11, 2021

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert, Google’s use of Oracle’s APIs was protected by the copyright defense of Fair Use.

Fair Use 98

Fair Use Copying Copyright 98

Patent Trademark Blog

AUGUST 11, 2021

What are patent claim amendments? Claim amendments are a natural part of the utility patent process. A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. It is highly likely that your Office Action response will contain a combination of claim amendments and arguments in order to overcome the rejection.

Patent Application 66

Patent Application Art Patent Prosecution Patent 66

JD Supra Law

AUGUST 11, 2021

While over 48% of the U.S. population is fully vaccinated, only about 15% of the world is. Such disparities have caused members of the World Trade Organization (WTO), such as India and South Africa, to call for a waiver of intellectual property enforcement related to diagnostic kits, vaccines, medicines, personal protective equipment, and ventilators under The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Intellectual Property 98

Intellectual Property 98

43(B)log

AUGUST 11, 2021

Johnson & Johnson v. Fitch, No. 2019-IA-00033-SCT, So.3d -, 2021 WL 1220579 (Miss. Apr. 1, 2021) The Mississippi AG sued J&J under the Mississippi Consumer Protection Act for selling talcum powder products, alleging that J&J failed to warn of the risk of ovarian cancer in women who used talc. J&J argued that the MCPA didn’t cover FDA-regulated labels and that if it did it was preempted.

False Advertising 59

False Advertising Advertising Advertising Law 59

JD Supra Law

AUGUST 11, 2021

On July 30, 2021, the Honorable Jed S. Rakoff of the U.S. District Court for the Southern District of New York denied defendants’ motion to dismiss in Nicklen v. Sinclair Broad. Grp., Inc. In his decision, Judge Rakoff rejected the well-known “server test” that prevails in other circuits, and held that websites that embed images from third-party sites (here, Instagram and Facebook) may infringe the display right of the copyright owners of the images, even where it is the third-party site that.

Copyright 98

Copyright 98

43(B)log

AUGUST 11, 2021

International Code Council, Inc. v. UpCodes, Inc., 2021 WL 1236106, Nos. 17 Civ. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. Mar. 1, 2021) (presently on appeal) ICC, a nonprofit that develops model codes for design/construction that are often adopted by government entities, sued for false advertising and unfair competition by UpCodes, alleging that they falsely claim to provide updated and accurate building codes on their website, when in fact the posted codes contain numerous errors.

False Advertising 83

False Advertising Copying Advertising Advertising 83

JD Supra Law

AUGUST 11, 2021

This chart tracks the date, drug, reference-listed company, applicant, and indications of publicly available drug launches resulting from Abbreviated New Drug Applications and 505(b)(2) Applications.

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LexBlog IP

AUGUST 11, 2021

The fair use doctrine can be difficult to apply in copyright infringement cases where the copying at issue allegedly furthers an artistic purpose. This challenge was on display in the Second Circuit’s reversal of the Southern District of New York’s finding that Andy Warhol’s use of a copyrighted photograph of the renowned musician Prince constituted a fair use of the portrait, holding that it did not.

Fair Use 52

Fair Use Copyright Infringement Copying Copyright 52

JD Supra Law

AUGUST 11, 2021

High complexity, long trial periods from filing the case to receiving the judgment, and high costs have long been considered drawbacks of filing civil patent and copyright infringement cases in China. These concerns have been especially problematic for patent cases in fields such as telecommunications, mechanical engineering, and copyright cases involving software and online games.

Copyright 98

Copyright Copyright Infringement Patent 98

LexBlog IP

AUGUST 11, 2021

By: Jonathon Ballantyne. It was the tweet heard ‘round the fast food world. After quietly launching its own version of the chicken sandwich, Popeyes broadsided rival Chick-fil-A on Twitter in what turned out to be the opening salvo in a new high-stakes conflict—the chicken sandwich wars. Within two weeks of launching the new item, Popeyes sold 1,000 chicken sandwiches per store a day.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Social Media 52

JD Supra Law

AUGUST 11, 2021

Diamond v. Diehr, decided by the Supreme Court in 1981, seemed to establish a bedrock principle of statutory construction for patent law. The Court stated that "[t]he 'novelty' of any element or steps in a process, or even of the process itself, is of no relevance in determining whether the subject matter of a claim falls within the 35 U.S.C. § 101 categories of possibly patentable subject matter.

Art 98

Art Patent Law Patent Law 98

LexBlog IP

AUGUST 11, 2021

Last week, Magistrate Judge Jennifer Hall of the U.S. District Court for the District of Delaware recommended denial of two motions to dismiss and denied a motion to sever in a case involving a novel induced infringement claim against a health insurance provider. See Amarin Pharma, Inc. v. Hikma Pharm. USA Inc. , No. 20-1630-RGA-JLH, 2021 WL 3396199 (D.

Branding 52

Branding Brands Branding Marketing 52

JD Supra Law

AUGUST 11, 2021

On July 30, 2021, a New York district court declined to dismiss copyright infringement claims with respect to an online article that included an “embedded” video (i.e., shown via a link to a video hosted on another site). The case involved a video hosted on a social media platform that made embedding available as a….

Social Media 56

Social Media Copyright Infringement Technology Copyright 56

LexBlog IP

AUGUST 11, 2021

For most (if not all) professional services firms, client databases, client contact lists, and information reflecting client preferences are regarded by such firms as trade secrets that are essential to the business. Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

JD Supra Law

AUGUST 11, 2021

Due within 5 years of international filing date or within 2-months of issuance of a Direction to Request Examination, whichever is earliest (additional $1800). Excess fees of $125 for each claim over 20 are payable at acceptance ($250 for each claim over 30).

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LexBlog IP

AUGUST 11, 2021

Third-parties routinely seek extensions of time to file a Notice of Opposition against pending trademark applications. The time to oppose a trademark application is 30 days from the date of publication. An additional 30-day extension will be granted upon request, while 90 day extensions must allege good cause. Below is a list of representative trademark opposition extension requests and Notice of Opposition proceedings filed for the week of August 9, 2021: APPLICANT.

Branding 52

Branding Brands Branding Trademark 52

IP Law 360

AUGUST 11, 2021

The group behind the Rose Bowl is asking the Ninth Circuit to revive its claims against the city of Pasadena in trademark litigation sparked by the relocation of the 2021 college football game due to California's COVID-19 restrictions.

Litigation 52

Litigation Trademark 52

JD Supra Law

AUGUST 11, 2021

In addition to the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I on COLAs, and the intellectual property protection offered by trademarks, as discussed in the Anatomy of a Beer Label: Part II, brewers may consider the value they can create through trade dress and copyright.

Intellectual Property 52

Intellectual Property Trademark Copyright 52

LexBlog IP

AUGUST 11, 2021

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert , Google’s use of Oracle’s APIs was protected by the copyright defense of Fair Use.

Fair Use 52

Fair Use Copying Licensing Copyright 52

JD Supra Law

AUGUST 11, 2021

This is a follow up to our earlier post about the fallout from the Supreme Court’s June 21, 2021 decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal officer” authority in their final written decisions, without having been appointed by the….

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