TorrentFreak

JULY 30, 2021

Ever since the Jake Paul vs. Ben Askren fight was streamed illegally online, Triller has been filing copyright infringement lawsuits against the alleged culprits. The campaign began with a $100m complaint against multiple “business entities” but a judge dismissed all but one of the parties from the action, warning that by joining all of them as cooperating parties, the illegal conduct of one defendant could be wrongly attributed to another independent defendant.

Copyright Infringement 144

Copyright Infringement Litigation Copyright Contracts 144

Patently-O

JULY 30, 2021

by Dennis Crouch. A potentially important product design trademark case is pending before the U.S. Supreme Court involving those chocolate covered bready-sticks. Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. , Docket No. 20-1817 (Supreme Court 2021). . Glico’s Pocky product has been sold since 1966 and are apparently popular.

Designs 133

Designs Design Trademark Patent 133

TorrentFreak

JULY 30, 2021

When it comes to civil anti-piracy enforcement, BREIN is without a doubt one of the best-known players in the industry. The group, which receives support from Hollywood and other content industries, has shuttered hundreds of smaller sites and services in recent history. It was also responsible for taking down Mininova, once one of the largest torrent sites online.

Settlement 141

Settlement Copyright Infringement Copyright Publishing 141

IP Watchdog

JULY 30, 2021

In The Chemours Company FC, LLC v. Daikin Industries, Ltd., Nos. 2020-1289, 2020-1290 (Fed. Cir. July 22, 2021) (“Chemours v. Daikin”), the Federal Circuit clarified three doctrines involved in the determination of obviousness: teaching away, commercial success, and blocking patents. While all three panel judges agreed that the Patent Trial and Appeal Board (“Board”) misapplied the commercial success and blocking patents doctrines, they disagreed as to the Board’s application of the teaching awa

Patent 131

Patent Art Litigation Intellectual Property 131

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

The Illusion of More

JULY 30, 2021

In this post, I wrote about some of the difficulties that U.S. formalities present to many independent creators, difficulties highlighted in the case Unicolors v. H&M. I cited a paper written by Steven Tepp for the Professional Photographers of America (PPA) and mentioned that I would follow up with a podcast to delve a little […]. The post Podcast – Formalities in U.S.

Copyright 114

Copyright Copyright Law Law 114

JD Supra Law

JULY 30, 2021

Just months after breathing life into to the "Sports & Entertainment Spotlight," I am (well, my wife is) giving birth to a new creation — a baby boy. As such, I will be taking a break from the usual commentary (sleep deprivation isn’t exactly the best for the creative juices), but will keep up with the weekly curated content until my return from paternity leave.

101

101

The IPKat

JULY 30, 2021

When this Kat started his tenure as a GuestKat two years ago, his first post was on the first anti-anti-suit injunction issued in Europe, by the Munich Regional Court. For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

The Trichordist

JULY 30, 2021

July 26, 2021 Chief Copyright Royalty Judge Jesse M. Feder Copyright Royalty Judge David R. Strickler Copyright Royalty Judge Steve Ruwe U.S. Copyright Royalty Board 101 Independence Ave SE P.O.

Copyright 80

Copyright 80

The IPKat

JULY 30, 2021

Trade marks The Fashion Law Blog published a follow-up concerning the Puma vs Nike battle over Nike’s trade mark application for ‘footware’. After having opposed the Nike’s application in the US for being generic and descriptive, Puma has now withdrawn its opposition. Nike’s application for registration is also pending in several other countries, including Canada, Australia, and India.

Blogging 76

Blogging IP Intellectual Property Designs 76

IPilogue

JULY 30, 2021

IP Osgoode is pleased to announce the award of the IP Osgoode David Vaver Medal for Excellence in IP to Ryan Wong. IP Osgoode founded this special medal , presented yearly during Osgoode convocation to mark Prof. David Vaver’s induction into the Order of Canada for his leadership in intellectual property as “a scholar and mentor”. The medal, befitting of Prof.

Intellectual Property 59

Intellectual Property Intellectual Property Law IP Artwork 59

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

The TTABlog

JULY 30, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled three (3) oral hearings for the month of August 2021. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. August 11, 2021 - 11 AM: General Motors LLC v. Bolt Ride, Inc. , Opposition No. 92140088 [Opposition to registration of BOLT for "Downloadable computer software for coordinating transportation services" on the grounds of fraud and likelihood of

Registration 59

Registration Designs Design Trademark 59

JD Supra Law

JULY 30, 2021

Case Name: UCB, Inc. v. Catalent Pharma Solutions, Inc., No. 5:21-cv-00038-GFVT, 2021 WL 1910079 (E.D. Ky. May 12, 2021) (Van Tatenhove, J.) - Drug Product and Patent(s)-in-Suit: Vimpat® (lacosamide); U.S. Patent No. RE38,551 (“the ’551 patent”) - Nature of the Case and Issue(s) Presented: The ’551 patent issued on July 6, 2004, and claimed “anticonvulsant enantiomeric amino acid derivatives,” including lacosamide.

Contracts 55

Contracts Patent 55

Managing IP

JULY 30, 2021

The 63% increase in filings, largely being driven by Chinese applicants, has forced brand owners to double down on organisation and due diligence

Due Diligence 59

Due Diligence Trademark Branding Brands 59

JD Supra Law

JULY 30, 2021

The Federal Circuit, and the Court of Customs and Patent Appeals before it, generally reviewed decisions by the Patent and Trademark Office under the same standard applied to district court decisions, whether the factual basis for the decision was "clearly erroneous" (questions of law were, and are, decided de novo), acting as a check on the administrative agency's interpretations of its precedent and Congress's statutory mandates.

Trademark 55

Trademark Patent Law 55

LexBlog IP

JULY 30, 2021

In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic.

Music 52

Music Copyright Fair Use Copyright Law 52

JD Supra Law

JULY 30, 2021

The long-awaited decision in United States v. Arthrex held that the Patent Trial and Appeal Board (PTAB) is inconsistent with the Constitution’s Appointments Clause because the administrative patent judges (APJs) that comprise the PTAB during inter partes review were not sufficiently overseen by the Executive Branch. United States v. Arthrex, Inc., 141 S.

Patent 55

Patent 55

Likelihood of Confusion

JULY 30, 2021

It hurts when the fake Chinese electronics sell better than the originals. No, I mean sometimes it really hurts. Originally posted 2011-11-28 14:33:17. Republished by Blog Post Promoter. The post Only problem is an hour later you’re short-circuiting appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging 52

JD Supra Law

JULY 30, 2021

In December 2019, Scott Hervey wrote about the copyright infringement lawsuit filed against Taylor Swift by the writers of the song “Playas Gon’ Play.” The song was released by the girl group 3LW in 2001 and included the lyrics “Playa, they gonna play / And haters, they gonna hate.” In 2014, Taylor Swift released “Shake It Off,” which included the lyrics “Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate, hate, hate, hate.”.

Copyright Infringement 55

Copyright Infringement Copyright 55

Velocity of Content

JULY 30, 2021

As part of a recent presentation on trade book print unit sales through the first half of 2021, NPD BookScan analyst Kristen McLean has detailed an historic first quarter with sales rising 29% over the pandemic-shaken first quarter of 2020. The second quarter for this year saw sales climb 18% over the same period for the previous year, reports Publishers Weekly senior writer Andrew Albanese.

Publishing 52

Publishing Reporting Copyright 52

JD Supra Law

JULY 30, 2021

SEPs and FRAND – two legal issues that have resulted in global patent disputes in the mobile device space is now beginning to make its presence known in the automotive industry. Paul Keller, our New York partner and host of Propel, sits down with three legal experts to discuss the issues from a global perspective: From China, Jill Ge, one of A&O’s IP litigation colleagues; from France, partner David Por; and from the United Kingdom, partner Mark Ridgway.

Patent 52

Patent Litigation IP 52

IAM Magazine

JULY 30, 2021

The applicant cleared its path to success by circumventing any basis for interrogation of the identity of the inventor but that leaves the resulting IP highly exposed in the case of a challenge.

Inventor 52

Inventor IP Patent 52

JD Supra Law

JULY 30, 2021

The Therapeutic Products Directorate (TPD), the Biologic and Radiopharmaceutical Drugs Directorate (BRDD), and the Natural and Non-Prescription Health Products Directorate (NNHPD) have released their Drug Submission Performance Annual Reports for the Fiscal Year 2020-2021 (April 1, 2020 to March 31, 2021). The reports contain information regarding pharmaceutical, biologic and radiopharmaceutical drug submission review activity including average approval times.

Reporting 52

Reporting 52

LexBlog IP

JULY 30, 2021

For the second year running, Hughes Hubbard was recognized as one of the nation’s leading law firms for Art and Cultural Property Law in Chambers High Net Worth guide, which focuses on the private wealth sector. HHR was again ranked in the second-highest band among the top firms nationwide, acknowledged by market insiders for its “excellent expertise” as well as for “making clients feel they are the most important they have when you know full well that they have many.R

Art 52

Art Litigation Publishing Marketing 52

JD Supra Law

JULY 30, 2021

In inter partes review (IPR) proceedings, the PTAB will often uphold the validity of dependent claims despite finding the independent claim invalid. Dependent claims recite additional limitations that must be separately accounted for in the prior art references in the Petitioner’s asserted grounds. For assertions of obviousness in particular, a Petitioner’s invalidity arguments may align well with broader independent claims and some dependent claims, but may fall short where the limitations.

Intellectual Property 52

Intellectual Property Art Patent 52

Indiana Intellectual Property Law

JULY 30, 2021

Indianapolis, Indiana – Apparently the Plaintiff, Social Positioning Input Systems, LLC (“Social”), is the owner by assignment of U.S. Patent No. 9,261,365 (the “‘365 Patent”). The ‘365 Patent is titled “Device, System and Method for Remotely Entering, Storing and Sharing Addresses for a Positional Information Device.” Social claims Netsoft Holdings, LLC (“Netsoft”), the Defendant, has infringed on at least Claim 1 of the ‘365 Patent by making, using, selling, and/or offering for sale associate

Patent Infringement 52

Patent Infringement Patent Litigation 52

The TTABlog

JULY 30, 2021

Here is an updated collection of Section 2(e)(3) cases. Of course, most of the decisions are not precedential, but even non-precedential decisions may be helpful in framing effective arguments and locating precedential support for them. There are four elements that must be met to invoke the bar of Section 2(e)(3): (1) The primary significance of the mark is a generally known geographic place; (2) The goods or services do not originate in the place identified in the mark; (3) Purchasers would be

Registration 52

Registration Copyright 52

IP and Legal Filings

JULY 30, 2021

Taiwan has been one of the fastest-growing economies in the world and has marked its strong reputation in Southeast Asia becoming a developed country in the region. Its export-oriented industrial economy is ranked 21 st in the world by Nominal GDP and 20 th in the world by PPP as per the World Bank and IMF report. With a strong influence in the market, it is one of the most sought industrial places among leading economies in the world.

Trademark 52

Trademark IP Intellectual Property Technology 52

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application. If the description and the claims appear in order, then it’s a simple thing to give your approval.

Patent Application 53

Patent Application Editing Patent Design Patent 53

Managing IP

JULY 30, 2021

Sources criticise the current examination process in India and how it holds back interested parties during litigation and elsewhere

Designs 52

Designs Design Litigation 52

IAM Magazine

JULY 30, 2021

The applicant cleared its path to success by circumventing any basis for interrogation of the identity of the inventor but that leaves the resulting IP highly exposed in the case of a challenge.

Inventor 40

Inventor IP Patent 40

Managing IP

JULY 30, 2021

Find out which law firms were ranked for intellectual property transactions work in the 2021 edition of IP STARS

IP 52

IP Intellectual Property Editing Law 52

IP Law 360

JULY 30, 2021

Conservative attorney Larry Klayman is still on the hook for $2.8 million after the D.C. Circuit rejected his attempt to undo his defeat in a jury trial that capped off more than a decade of bitter litigation between Klayman and Judicial Watch, the right-wing legal activist organization he founded.

Litigation 40

Litigation 40

LexBlog IP

JULY 30, 2021

In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic.

Music 40

Music Copyright Fair Use Copyright Law 40

IP Law 360

JULY 30, 2021

Applied Material Inc.'s current CEO testified during a criminal trial Friday that Munger Tolles & Olson LLP partners, who represent Applied in civil trade secret theft litigation that preceded the criminal case, helped him prepare to testify in the government's criminal case against four former Applied employees.

Government 40

Government Litigation 40

IAM Magazine

JULY 30, 2021

The only major innovators that sit outside the platform seem to be Qualcomm and Technicolor.

Patent 52

Patent 52