Fri.Oct 08, 2021

Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

Intellectual Property Law Blog

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021.

Trademark: Uggs are generic in Australia, Can I import them without a license from UGG®?

Patently-O

by Dennis Crouch. In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia.

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Can Computer Systems Using Artificial Intelligence Patent their own Inventions?

JD Supra Law

Increasingly, companies are using artificial intelligence to invent new methods and products. But can a named inventor be a non-human machine under the law? . By: Cadwalader, Wickersham & Taft LLP

Customs and Border Protection and Trademarks protection at the border

Erik K Pelton

The following is an edited transcript of my video, Customs and Border Patrol Registration for Your Trademark.

VPN Hosting Company Settles Copyright Lawsuit by Blocking Pirate Sites

TorrentFreak

Hosting providers are generally seen as neutral intermediaries but some copyright holders believe that these companies should bear more responsibility. This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. courts as well.

Cloudflare Isn’t Liable for Providing Services to Alleged Infringers–Mon Cheri Bridals v. Cloudflare

Technology & Marketing Law Blog

The plaintiffs claim copyright ownership in wedding dress designs. They also claim that knockoff retailers are infringing those rights.

Examining the Relationship between IPR and Food Security

IP and Legal Filings

Food security: An overview. Essentially, food security refers to the social, physical and economic access to safe and nutritious food at all times which will ensure a positive nutritional impact on all people across the world.

More Trending

[Audio] The Briefing by the IP Law Blog: Naming Rights for LA Clippers Dome: FinTech Steps Intuit

JD Supra Law

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the naming rights agreement between the Los Angeles Clippers and Intuit whereby the Clippers agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. By: Weintraub Tobin

Pirate IPTV Lawsuit Could’ve Led to Millions in Damages, Judge Says $14,000

TorrentFreak

In August 2019, US broadcaster DISH Network and partner NagraStar were maintaining their momentum against unlicensed streaming services.

What’s in a Name? Patentability.

JD Supra Law

In In re SurgiSil LLP, [2020-1940] (October 4, 2021), the Federal Circuit reversed the Patent Trial and Appeal Board’s decision affirming an examiner’s rejection of SurgiSil’s design patent application No. 29/491,550 on an “ornamental design for a lip implant as shown and described.”.

NY can still seek disgorgement even if FTC can't

43(B)log

Federal Trade Comm’n v. Vyera Pharms., LLC, 2021 WL 4392481, No. 20cv00706 (DLC) (S.D.N.Y. 24, 2021) Featuring Martin Shkreli as a defendant!

It May Be “Simply the Best” that Tina Turner Sells Her Iconic Catalog to BMG

JD Supra Law

- Tina Turner signed the rights of her iconic music catalogue spanning 60 years, including her name, image and likeness to a German music company, BMG.

Music 63

non-toxic plausibly means nonharmful, but harmfulness still needs adequate pleading

43(B)log

Rivera v. Johnson & Son, Inc., 2021 WL 4392300, No. 20-CV-3588 (RA) (S.D.N.Y. 24, 2021) Plaintiffs alleged that S.C.

“God, it’s brutal out here!” Unpacking Olivia Rodrigo’s million-dollar royalty payouts

IPilogue

Photo by Sebastian Chia ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Olivia Rodrigo rose to stardom this year when her song Drivers License dominated pop music charts across the world.

Disney's Toy Story 4 daredevil not legally risky

43(B)log

K & K Prods., Walt Disney Studios Motion Pictures, No. 2:20-CV-1753 JCM (NJK) (D.

Bad Copyright Friend: When Can't Art Imitate Life?

IP Law 360

The New York Times Magazine's "Bad Art Friend" saga captured the imagination of the internet this week, detailing a juicy dispute in which a writer-turned-kidney donor accused a fellow author of cribbing details from her charitable journey for a fictionalized short story

Art 79

Judge Vyskocil Allows Amino Acid Case to Go Forward Despite “Group Pleading” and “Inconsistent Allegations” of Infringement

JD Supra Law

On September 27, 2021, U.S. District Court Judge Mary Kay Vyskocil held that plaintiffs Ajinomoto Co., and Ajinomoto Heartland Inc. had alleged plausible claims for relief for infringement under 35 U.S.C. §

52

Supply Chain Worries for Holiday Book Sales

Velocity of Content

In an online program presented by Publishers Weekly and Westchester Publishing Services , Tyrrell Mahoney, President of Chronicle Books , warned, “If your books are being printed overseas and they’re not already on a boat that is on the water now, then those books probably won’t make it into stores by the holidays.”.

CAFC Patent Cases - September 2021 #3

JD Supra Law

Precedential Federal Circuit Opinions IN RE: JUNIPER NETWORKS, INC. OPINION] (2021-160, September 2, 2021) (Lourie, Bryson, and Taranto) - Per curiam.

The only unmentionable trademark?

Likelihood of Confusion

We alluded to this story in an earlier post. Evidently Daman Wayans’s attempt to file a trademark application for the word “Nigga” continues to hit a brick wall. Forget “immoral. The post The only unmentionable trademark? appeared first on LIKELIHOOD OF CONFUSION™.

Digital Inclusion Week 2021: Supporting Digital Equity and Digital Empowerment

U.S. Department of Commerce

Digital Inclusion Week 2021: Supporting Digital Equity and Digital Empowerment. October 8, 2021. KCPullen@doc.gov. Fri, 10/08/2021 - 13:31. Minority business growth. In the 21 st century economy, broadband access and affordability isn’t a luxury – it’s essential to everyday life.

BREAKING: Mercer Review on UK patent attorney exams released

The IPKat

As trainee patent attorneys across the country begin their final days of preparation for the UK qualifying examinations, CIPA today released the long-awaited Mercer Review. The Review has been published in the latest version of the CIPA journal (CIPA login required).

W2 vs 1099-NEC: Which Does My Business Have to Issue?

Legal Zoom

Should you file W2s for employees or 1099-NEC forms for independent contractors? You might need to file both

Inventors, Disaster Scientists and Entrepreneurs: Commerce Home to Diverse-Range of Hispanic Pioneers

U.S. Department of Commerce

Inventors, Disaster Scientists and Entrepreneurs: Commerce Home to Diverse-Range of Hispanic Pioneers. October 8, 2021. KCPullen@doc.gov. Fri, 10/08/2021 - 09:30.

TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. No hints this time. Let's see how you do with them. Answer will be found in the first comment. In re JHO Intellectual Property Holdings LLC , Serial No.

Bad reviews as evidence of actual knowledge of defects

43(B)log

Partida v. Tristar Prods., 2021 WL 4352374, No. EDCV 20-436 JGB (KKx) (C.D. 5, 2021) This is a putative consumer class action about pans advertised as non-stick that allegedly weren’t (and also weren’t copper as advertised). It was allegedly false to advertise “Cerami-Tech Non-Stick Technology” so that “[n]othing sticks to the surface and cleanup is a breeze” and that the pans were “Chip-resistant, Heat resistant,” and didn’t require fats or oils to be nonstick.

[Video] The Briefing by the IP Law Blog: Naming Rights for LA Clippers Dome: FinTech Steps Intuit

JD Supra Law

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the naming rights agreement between the Los Angeles Clippers and Intuit whereby the Clippers agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. By: Weintraub Tobin

Does Your Business Need an Enrolled Agent or a CPA?

Legal Zoom

Learn how to choose the best tax professional for your company

Senator Tillis Letter to Ambassador Tai: TRIPS Waiver (Copyright)

IP Watchdog

Dear Ambassador Tai: I write you again today for the fourth time about the Biden Administration’s waiver of international obligations under the Trade-Related Aspects of Intellectual Property Rights, or TRIPS agreement.

Are multiple dependent claims allowed by the USPTO?

Patent Trademark Blog

What is a multiple dependent claim? A multiple dependent claim is a dependent claim that refers to more than one claim. The USPTO will not object to proper multiple dependent claims. Unfortunately, most specifications originating from foreign countries contain multiple dependent claims that would be improper under US patent rules. For foreign associates and applicants planning to file in the US, this is a helpful summary of what makes such claims proper or improper.

Metso Outotec Corporation v. the Registrar of Trade Marks

Selvam & Selvam Blog

Background. The Bombay High Court on October 6, 2021, set aside and quashed the decisions of the Senior Examiner of Trade Marks refusing the mark “SISUPER”. In Metso Outotec Corporation v. the Registrar of Trade Marks , appeals were preferred before the Bombay High Court from orders passed by the Registrar of Trade Marks in respect of trademark applications for the mark SISUPER and (the “SISUPER marks”) bearing application nos. 4433306 and 4435364 respectively (IR Nos. 1513304 and 1512932).

Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

LexBlog IP

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021.

Apple Seeks Win Or Retrial After $300M 4G LTE Verdict

IP Law 360

Apple asked a Texas federal judge Friday to toss a $300 million judgment for infringing Optis Wireless Technology's patents and order a new trial on the amount of damages awarded by the jury, or to find no damages are owed, arguing erroneous jury instructions contributed to the inflated amount

Slaughterhouse-Five: Myth-Busting with the Commissioner at NAD 2021

LexBlog IP

By Randal Shaheen and Matthew Renick. To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data economy writ large.

KC And The Sunshine Band Bassist Hits EMI With IP Suit

IP Law 360

Bass guitarist Richard Finch of the popular '70s disco group KC and the Sunshine Band sued Sony Music's EMI Longitude Music on Friday in California federal court, looking to claw back partial copyrights for nearly 100 songs that Finch co-wrote

Music 52

Federal Circuit Hints at Easier Service of Process on Foreign Defendants

IP Intelligence

In a recent decision , In re: OnePlus Technology (Shenzhen) Co., 21-165, Dkt.

IP 52

Teva Gets Bayer's Cancer Drug Patent Invalidated In UK

IP Law 360

A London judge on Friday invalidated a Bayer patent for a liver and kidney cancer drug, clearing the way for generic-drug maker Teva to release its own version of the product