The IPKat

JULY 12, 2022

As noted by GuestKat Becky Knott in her earlier post ( here ), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse. In recent months, this Kat has been seeing a lot of discussions on filing strategies (in particular classification and specification drafting), particularly in the US and the EU, and on the oriental side in China and Japan.

Non-Fungible Tokens 144

Non-Fungible Tokens Branding Brands Branding 144

Likelihood of Confusion

JULY 12, 2022

I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have. The post Sealed with a fist appeared first on LIKELIHOOD OF CONFUSION™.

Government 142

Government IP Fair Use Trademark Law 142

Technology & Marketing Law Blog

JULY 12, 2022

I’m pleased to announce the 2022 edition (13th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and (new this year!) a hardcover version for $28. [All printed versions come with a free PDF on request; and shipping should be free on Amazon Prime.

Editing 139

Editing Law Social Media Privacy 139

IP Watchdog

JULY 12, 2022

Recently, we submitted comments for the record to the Senate Judiciary Committee’s IP Subcommittee in response to its June 22 hearing on the Patent Trial and Appeal Board (PTAB), titled: “The Patent Trial and Appeal Board: Examining Proposals to Address Predictability, Certainty and Fairness.” The hearing focused on Senator Leahy’s PTAB Reform Act, which among other changes, would eliminate the discretion of the Director to deny institution of an inter partes review (IPR) petition based on an ea

Litigation 134

Litigation IP Patent Government 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

TorrentFreak

JULY 12, 2022

Last month, the US Copyright Claims Board went live. Through this Copyright Office-hosted venue, copyright holders can try to recoup alleged damages outside the federal court system. The board aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.

Copyright 131

Copyright Copyright Infringement Designs Design 131

IPilogue

JULY 12, 2022

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On June 10, 2022, Adidas launched its first federal lawsuit against its main competitor, Nike, at the US District Court in Eastern Texas. Demanding a jury trial, the 62-page complaint alleges that Nike has conducted nine counts of patent infringement relating to Adidas’ GPS, sensor and wearable technologies.

Technology 119

Technology Patent Infringement Intellectual Property Patent 119

JD Supra Law

JULY 12, 2022

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform could be patented or protected under trade secret, such as related to biotech and synthetic biology. Equally important to the discussion of how to protect components of an AI/ML platform, however, is the extent to which copyright protection may be useful or beneficial to the developer of the platform.

Invention 106

Invention Copyright Intellectual Property Patent 106

Copyright Alliance

JULY 12, 2022

With the U.S. Copyright Office’s new small claims court—the Copyright Claims Board (CCB)—launching on June 16, we thought we’d pass along some of the most important information that copyright owners […]. The post 15 Things You Need to Know About the Copyright Office’s New Small Claims Court appeared first on Copyright Alliance.

Copyright 98

Copyright 98

JD Supra Law

JULY 12, 2022

Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common.

Non-Fungible Tokens 98

Non-Fungible Tokens Branding Brands Branding 98

Velocity of Content

JULY 12, 2022

Content procurement and cost are top challenges for emerging research, life science, and biotech organizations. The ability to access and share scientific literature accelerates knowledge and powers innovation. Many growing businesses are rapidly building their employee base and don’t have the human resources of larger organizations. Many employees in emerging organizations balance a wide array of secondary duties, including literature procurement and management.

Business 92

Business Journalism Copyright Publishing 92

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

JULY 12, 2022

On June 13, 2022, the Federal Circuit issued a precedential opinion that vacated the district court’s judgment of indefiniteness, deciding that the ruling was based on an erroneous claim construction. The patents-in-suit claimed methods for skin enhancement by topical application of compositions containing adenosine.

Patent 98

Patent 98

Legal Zoom

JULY 12, 2022

An intellectual property assignment can help you transfer the ownership of your intellectual property with ease. Learn how to create an IP assignment.

Intellectual Property 95

Intellectual Property Ownership IP 95

JD Supra Law

JULY 12, 2022

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 36 biosimilars have been approved, 22 of which have launched. Notably, since our last update, Genentech filed another suit relating to Herceptin, and Regeneron filed an antitrust suit against Amgen relating to Praluent.

Litigation 98

Litigation Patent 98

McKinsey Operations

JULY 12, 2022

Getting to net-zero emissions can be complex and costly. At McKinsey’s Tomorrow Conference, three European executives discussed the capital requirements and banks’ efforts to help companies meet them.

86

86

JD Supra Law

JULY 12, 2022

The new Unified Patent Court (UPC) has been established by virtue of the Agreement on a Unified Patent Court (the "UPCA"). The UPC will be a court of all participating EU Member States, which will have exclusive competence to decide, inter alia, on the infringement and validity of classical European Patents (European Patents) and the new European Patents with unitary effect (Unitary Patent).

Patent 98

Patent 98

McKinsey Operations

JULY 12, 2022

The cofounder of the multinational IT company believes Indian start-ups will soon develop technologies to transform education, healthcare, and other social challenges.

Technology 92

Technology Government 92

IP Close Up

JULY 12, 2022

It is no surprise that voters in both parties are not fans of the views of Senator Ted Cruz (R-TX). Despite this his recent commentary Continue reading.

Litigation 92

Litigation Patent 92

Christopher Roser

JULY 12, 2022

A discussion of fancy new technology would be incomplete without mentioning drones. A simple Google search for “drone and manufacturing” returns around 72 million results. There is definitely a lot of buzz on drones and manufacturing. However, you probably have not yet seen a drone in manufacturing. This is because there are indeed very few.

Technology 83

Technology 83

IP Law 360

JULY 12, 2022

Universal Music Group has shown that energy drink maker Bang Energy directly infringed copyrighted music in its TikTok videos promoting its products, but hasn't proven Bang is liable for infringing videos created by social media influencers, a Florida federal judge ruled Monday.

Music 75

Music Social Media Copyright 75

The TTABlog

JULY 12, 2022

In a 49-page opinion, the Board sustained this opposition to registration of the mark WORKSUITES , in standard character and design form, for providing virtual office services and leasing of office space, in view of the registered mark SUITEWORK for rental of office space and management services regarding same. The Board spent nearly half of the decision considering and denying applicant's counterclaim that alleged a lack of bona fide intent on the part of opposer when he filed the application u

Registration 72

Registration Designs Design Business 72

IP Law 360

JULY 12, 2022

Facebook's corporate parent Meta Platforms Inc. urged a California federal judge Monday to throw out a Swiss blockchain company's trademark infringement suit accusing Meta of intentionally ripping off its infinity-loop logo, arguing that more than a thousand "third-party marks" incorporate the infinity symbol and it can't be trademarked.

Trademark 75

Trademark 75

McKinsey Operations

JULY 12, 2022

An interview with Morgan Stanley’s Regina Savage at M30.

106

106

IP Law 360

JULY 12, 2022

As law firms increasingly launch stand-alone environmental, social and corporate governance practices amid rising client demands, they should consider new marketing and client development practices that illuminate their capabilities as well their own sustainability and ethics-related initiatives, says Elle Walch at Ball Janik.

Marketing 75

Marketing Marketing Law Government 75

IP Watchdog

JULY 12, 2022

Today, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) in the Federal Register announcing that the agency would be revising its rules of practice to require that information disclosure statements related to patent term adjustments (PTAs) be submitted on Form PTO/SB/133. The use of this document is expected to streamline communications between the USPTO and patent applicants regarding delays in patent prosecution and also save agency resources by redu

Patent Prosecution 59

Patent Prosecution Patent Patent Application Publishing 59

IP Law 360

JULY 12, 2022

President Joe Biden on Tuesday announced five new judicial nominees for the Third Circuit and the Eastern District of Pennsylvania, a batch that includes partners at BakerHostetler, Fox Rothschild and what would be the appeals court's first Asian American member.

75

75

JD Supra Law

JULY 12, 2022

The U.S. Court of Appeals for the Second Circuit recently ruled against the heirs of songwriter Hugo Peretti in their attempt to terminate a copyright grant for Peretti’s composition “Can’t Help Falling in Love,” a huge hit for Elvis Presley in 1961. Please see full Document below for more information. By: Willcox & Savage, P.C.

Copyright 55

Copyright 55

IP Law 360

JULY 12, 2022

A West Virginia federal judge on Tuesday refused to toss AstraZeneca's patent lawsuit against Mylan Pharmaceuticals and drug delivery service Kindeva, finding that AstraZeneca plausibly claims that the pair's recently FDA-approved generic version of its asthma treatment Symbicort infringes one of its drug patents.

Patent 75

Patent 75

Biswajit Sarkar Copyright Blog

JULY 12, 2022

The term “piracy” can be defined as an unauthorised use of another’s work. This causes reputation and economic loss to the owner. In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. The same has been defined in Section 22(1) of the Designs Act, 2000 and states that the commission of any of the three acts by a person other than the registered proprietor of the design will lead to piracy of registered

Designs 52

Designs Design Registration Publishing 52

JD Supra Law

JULY 12, 2022

Bond collegiate sports attorney Kyle Ritchie provides some updates on the name, image and likeness (NIL) rules for student-athletes from the National Collegiate Athletic Association (NCAA) and their possible impacts on institutions and third-party providers.

52

52

LexBlog IP

JULY 12, 2022

I’ve never had a client say to me, “Oh Collin, we have plenty of time to get our Brewers Notice, no reason to rush!” Ha! Everyone is rushing all the time – they want to start making beer now! So.two quick points to make in this short post: What is the standard time for the Alcohol Tobacco Tax and Trade Bureau (TTB) to process a new application?

Government 52

Government Publishing Business Intellectual Property 52

Trading Secrets

JULY 12, 2022

On March 8, 2022, Excel Sports Management, LLC commenced an action in the Supreme Court of New York, Commercial Division, alleging that its former Vice President of Basketball Partnerships, Eric Eways, resigned his employment in favor of employment with Klutch Sports Group, LLC, in violation of a restrictive covenant in his employment agreement. The non-compete, governed by New York law, prohibited Eways from working for Klutch and other specifically-named competitors for eight months post-separ

Confidentiality 52

Confidentiality Branding Brands Branding 52

JD Supra Law

JULY 12, 2022

Precedential Federal Circuit Opinions - STATIC MEDIA LLC v. LEADER ACCESSORIES LLC [OPINION] (2021-2303, 6/28/22) (Dyk, Reyna, Taranto) - Dyk, J. Reversing district court’s contempt finding and award of sanctions and attorney’s fees for alleged violation of protective order by disclosing confidential documents to counsel for a defendant in a separate action.

Confidentiality 52

Confidentiality Patent 52

Biswajit Sarkar Copyright Blog

JULY 12, 2022

The term “piracy” can be defined as the unauthorized use of another’s work. It causes reputational and economic loss to the owner. In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. The same has been defined in Section 22(1) of the Designs Act, 2000 and states that the commission of any of the three acts by a person other than the registered proprietor of the design will lead to piracy of registered

Designs 52

Designs Design Registration Publishing 52

JD Supra Law

JULY 12, 2022

This month, there were two new complaints filed at the ITC, including complaints filed by Velodyne Lidar USA, Inc. (Certain Rotating 3-D LiDAR Devices, Components Thereof, and Sensing Systems Containing the Same, Inv. No. 337-TA-3624) and Maxell, Ltd. (Certain Mobile Electronic Devices, Inv. No. 337-TA-3625). The Commission also instituted six new investigations in June.

52

52

McKinsey Operations

JULY 12, 2022

Air travel is back. Here’s what airline execs need to know to help boost travel industry recovery and navigate the latest influx of fliers.

65

65