Erik K Pelton

FEBRUARY 6, 2023

The following is an edited transcript of my video Our Unique Patent Pending Tool at EMP&A. At our firm, we aim to practice what we preach. We own more than a dozen trademark registrations for our brand, slogans and other creative trademarks, and we recently became the owners of a patent application. The internal name for this patent pending (as of June 6, 2022) tool is Tracker , because it is our proprietary internal system for monitoring all of our files.

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Patent Editing Trademark Patent Application 147

TorrentFreak

FEBRUARY 6, 2023

In the fall of 2020, the U.S. Government indicted three members of the infamous ‘Team Xecuter’ group, the masterminds behind various Nintendo hacks. Authorities located Canadian Gary Bowser in the Dominican Republic and arrested him there. Meanwhile, Frenchman Max Louarn was detained in Tanzania. The prosecution characterized 52-year-old Bowser as the “salesperson” of Team-Xecuter due to his work with resellers of the group’s products.

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Government Copying Publishing Reporting 132

SpicyIP

FEBRUARY 6, 2023

We are pleased to announce that the UK Intellectual Property Office (UK IPO) and International Trademark Association (INTA) are jointly hosting a conference on brand protection strategies on February 24th, 2023 at the Imperial, New Delhi. The conference includes insights from government officials, academics, brand owners, and IP practitioners and is completely free-to-attend!

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Branding Brands Branding Intellectual Property 124

TorrentFreak

FEBRUARY 6, 2023

For the past several years, Chinese-manufactured Ubox IPTV boxes have flooded the market in Taiwan. With more than 30% of the population using the devices, which grant access to more live streaming content than most people can consume, Taiwan came under pressure from the United States. Taiwan made amendments to copyright law that outlawed piracy-configured devices.

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Reporting Copyright Law Copyright Government 126

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

Technology & Marketing Law Blog

FEBRUARY 6, 2023

by guest blogger Kieran McCarthy For years, open-Internet advocates have argued that scraping bans infringe on First Amendment rights. After all, access to information is a protected form of speech. But since most scraping cases involve two private litigants, and no direct government actor, those seeking to invoke those First Amendment rights were left with weak Pruneyard -type arguments trying to compare the internet with a public square.

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Government Blogging Law Litigation 106

IPilogue

FEBRUARY 6, 2023

Sally Yoon is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. More recently, we have seen digital art open doors for artists to experiment with conceptual artwork like never before. Stijn van Schaik, a second-year Advertising student, sold his soul on OpenSea, making it the first human soul ever sold.

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Art Artwork Contracts Advertising 106

JD Supra Law

FEBRUARY 6, 2023

My previous blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States.

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Registration Service Mark Blogging Trademark 98

Michael Geist

FEBRUARY 6, 2023

Canadian Heritage Minister Pablo Rodriguez and ISED Minister François-Philippe Champagne publicly released what amounts to a mandate letter to new CRTC Chair Vicky Eatrides this morning. The letter contains many laudable goals and aspirations: a more timely, transparent, and inclusive commission, an emphasis on competition in telecom, and an affirmation of the importance of freedom of expression in broadcast.

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Government Business 85

JD Supra Law

FEBRUARY 6, 2023

Case Name: Takeda Pharm. Co. Ltd. v. Norwich Pharms., Inc., No. 20-8966 (SRC), 2022 WL 17959811 (D.N.J. Dec. 27, 2022) (Chesler, J.) Drug Product and Patent(s)-in-Suit: Vyvanse® (1-lysine-d-amphetamine dimesylate); U.S. Patents Nos. 7,655,630 (“the ’630 patent”), 7,662,787 (“the ’787 patent”), 7,687,466 (“the ’466 patent”), 7,105,486 (“the ’486 patent”), 7,678,770 (“the ’770 patent”), 7,671,031 (“the ’031 patent”), 7,223,735 (“the ’735 patent”), 7,700,561 (“the ’561 patent”), and 7,671,030.

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Patent 97

IP and Legal Filings

FEBRUARY 6, 2023

Introduction Both ‘THEOS and THEOBROMA’ are premium bakeries serving confectionary and baked goods since a very long time. They entered into a trademark war over the common starting syllable ‘THE’ as both the outlets deal with identical goods and services. ‘THEOS’ acknowledged ‘THEOBROMA’ as the owner of the trademark and agreed to not use the mark ‘THEOBROMA’ in any manner.

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Trademark Settlement Business Branding 82

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

FEBRUARY 6, 2023

In the wake of her October 4, 2022 Precedential OpenSky decision, the United States Patent and Trademark Office Director Katherine Vidal issued another precedential decision further clarifying the actions that should be considered when addressing allegations of abuse of process or conduct that otherwise thwarts the goals of the Office.

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Trademark Patent 95

IP.com

FEBRUARY 6, 2023

The post IP.com Updates Analytics Reports for Enhanced Market Intelligence appeared first on IP.com - IP Innovation and Analytics.

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Reporting Marketing Marketing IP 98

JD Supra Law

FEBRUARY 6, 2023

Facing what is likely to be something of an uphill battle in seeking to have the Federal Circuit's decision against it in Amgen v Sanofi overturned before a not always patent-friendly Supreme Court, Amgen in late December filed its opening brief addressing the Question Presented in the granted certiorari petition.

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Patent 92

McKinsey Operations

FEBRUARY 6, 2023

A joint study from McKinsey and NielsenIQ examines sales growth for products that claim to be environmentally and socially responsible.

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JD Supra Law

FEBRUARY 6, 2023

The Southern District of New York has held, in Ratermann v. Pierre Fabre USA, Inc., that the Communications Decency Act’s (CDA) exception for intellectual property claims does not apply to claims asserted under New York Civil Rights Law (NYCRL) Sections 50 and 51 for violations of the right to privacy or publicity.

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Privacy Intellectual Property Law IP 88

Nelligan Law

FEBRUARY 6, 2023

Reading Time: < 1 minutes Frances Shapiro-Munn talks travel insurance on CTV’s Ask the Expert March break is approaching fast, which means many are thinking about travel insurance. It’s no surprise that extreme weather events and the COVID-19 pandemic have changed the landscape of travel and travel insurance, making it even more important for travelers to understand their rights and to have comprehensive coverage for unexpected events.

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Law Blogging 77

McKinsey Operations

FEBRUARY 6, 2023

Companies can build on Europe’s intrinsic strengths and play offense in sustainability, while pursuing consolidation and functional excellence.

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The Trichordist

FEBRUARY 6, 2023

The US is still the only Western democracy that stiffs artists on royalty payments for radio airplay. Let’s fix that!

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Music 95

McKinsey Operations

FEBRUARY 6, 2023

OEMs in high-complexity, low-volume industries face skyrocketing demand. But it’s now possible to scale production in ways that preserve product portfolios and profitability.

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Barry Sookman

FEBRUARY 6, 2023

Dr Janice Duffy has been pursuing Google for redress for many years in her quest to hold Google accountable for its refusal to proactively de-index defamatory material posted on the notorious site RipoffReport.com. In a recent decision, DUFFY v GOOGLE LLC [2023] SASC 13 (3 February 2023), she finally prevailed in her defamation claim against Google.

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IP Law 360

FEBRUARY 6, 2023

A Manhattan federal jury deliberated infringement claims Monday against a California designer who argues his "MetaBirkin" non-fungible tokens are artistic expression shielded from trademark liability by the First Amendment despite obvious similarities to Hermes International's Birkin handbags.

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Non-Fungible Tokens Art Designs Design 75

McKinsey Operations

FEBRUARY 6, 2023

Road freight carriers and brokers could improve EBIT by 15 to 30 percent by leveraging data for decision making—here’s how.

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Contracts 86

IP Law 360

FEBRUARY 6, 2023

Recent cyberattacks show that cybercriminals are becoming more targeted, seeking out proprietary data rather than encrypting the network wholesale, and making cybersecurity crucial to protecting businesses' trade secrets, say attorneys at Baker McKenzie.

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Business 75

IP Watchdog

FEBRUARY 6, 2023

Case law has defined prosecution laches as an affirmative defense against an infringement assertion. Specifically, the case law indicates a patent that is being asserted is unenforceable when the patentee caused an unreasonable and unexplained delay in prosecution of the patent. Symbol Tech v Lemelson Medical, No. 04-1451 (Fed. Cir. 2005). There is relatively little case law on the specifics of laches.

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Patent Law Patent Prosecution Inventor 69

IP Law 360

FEBRUARY 6, 2023

Less than a month after filing a similar suit in London high court, media platform Getty Images has slapped artificial intelligence maker Stability AI with a copyright suit in Delaware federal court over millions of purportedly stolen photographs.

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Copying Copyright 75

The IPKat

FEBRUARY 6, 2023

Here is the latest recap of the posts written by the Kats since the last Never Too Late post. Image by Pixabay Copyright Nedim reported the words of Katfriends Adrian Aronsson-Storrier and Oliver Faihurst, from Lewis Silkin, on the litigation commenced by Getty against the developers of the AI image generation software, Stability AI. The post also analysed the characteristics of AI image generation softwares, how AI tools function and the impact of copyright on the same tools.

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Art Reporting Copyright Law Copyright 67

IP Law 360

FEBRUARY 6, 2023

Photographers urged the Ninth Circuit on Monday to revive their proposed class action challenging how easily Instagram lets websites embed photos, arguing that a lower court threw out their copyright case based on an outdated 2007 Ninth Circuit decision, while ignoring recent technological advancements and allowing third parties to profit off of photographers' photos.

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Technology Copyright 75

Trading Secrets

FEBRUARY 6, 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. The likely continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023. In short, we expect an uneven year where some litigation booms and some busts.

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Litigation Privacy Contracts Government 64

IP Law 360

FEBRUARY 6, 2023

Missouri bank UMB "egregiously" mismanaged the collection of prominent 20th-century painter Thomas Hart Benton through four decades of sweetheart sales to executives, art museums and bank customers, and failed to care for and monetize his intellectual property, a judge heard as trial started Monday.

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Intellectual Property Art 75

IP Watchdog

FEBRUARY 6, 2023

This week in Washington IP news, the Senate Committee on Foreign Relations discusses U.S.-China relations after a tense weekend, a house committee holds a hearing on removing barriers to capital for small businesses, and the AEI talks to experts about the growing industry of metascience and its importance to U.S. innovation.

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IP Business Government Intellectual Property 59

IP Law 360

FEBRUARY 6, 2023

Non-fungible tokens have the potential to be valuable in a wide range of industries, but groups like the International Trademark Association and Creative Commons have told the U.S. government that the public's lack of understanding about what NFTs are and what rights they confer remain one of the key challenges in the space.

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Non-Fungible Tokens Government IP Trademark 74

43(B)log

FEBRUARY 6, 2023

False advertising cases focusing on fake/undisclosed affiliate review sites accused Regal Assets of misconduct. As the Daily Beast reports , Regal's founder, and a whole lot of customer investments, have now disappeared.

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False Advertising Advertising Advertising Reporting 59

WIPO Magazine

FEBRUARY 6, 2023

International agreement on IP, genetic resources and associated traditional knowledge finally in sight with decision to hold a diplomatic conference by 2024. Next steps and the high-level policy conundrum negotiators need to unravel.

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IP 52

JD Supra Law

FEBRUARY 6, 2023

I recently read an article saying that Thomas Blug, the founder of guitar amplifier maker BluGuitar, accused Blackstar Amplification of “stealing” Blug’s amplifier design. In short, Mr. Blug noted that his product was named the BluGuitar Amp1, while Blackstar’s product was named the Blackstar Amped 1. Both products are pedal-style guitar amplifiers.

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Law Designs Design 52

LexBlog IP

FEBRUARY 6, 2023

The FTC’s proposed ban on noncompete agreements (and other “ de facto ” noncompetes such as overly broad nondisclosure agreements) relies in large part on the research done by University of Maryland’s Robert H. Smith School of Business Professor Evan Starr — one of the leading scholars in the field. Join Ben , Russell and me as we talk with Professor Starr about the strengths and weakness of his research, any key insights that he has into other research in the field

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Business Intellectual Property 52