Hugh Stephens Blog

AUGUST 18, 2023

The platform for exchange of ideas and expression provided by the internet is, as I think everyone today now knows, a two-edged sword. It can empower thinkers and promote freedom, but it can also provide a platform for anonymous spewers of hatred and misinformation in all its forms. The question of who is responsible for … Continue reading "Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?

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JD Supra Law

AUGUST 18, 2023

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in intellectual property law and any impact on the legal and business landscapes, potential challenges and opportunities, possible legislative reforms, and more.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Patent Business 98

IP Law 360

AUGUST 18, 2023

Federal Circuit Judge Pauline Newman and colleagues she claims launched an unconstitutional investigation against her told a D.C. federal judge Friday that mediation was "unsuccessful" and they should proceed with litigation.

Litigation 98

Litigation 98

JD Supra Law

AUGUST 18, 2023

Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving regulatory frameworks. Regulatory frameworks can complicate the already complex problem of innovation in software and can often run roughshod over the distinctions between software, artificial intelligence, machine learning, and deep learning.

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Patent 98

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

Velocity of Content

AUGUST 18, 2023

A federal court has approved a consent judgment in the long-running copyright infringement case filed by four publishers against the Internet Archive over its scanning and lending of library books. The consent judgment provides for a stipulated permanent injunction preventing the Internet Archive from offering unauthorized copies of the Plaintiffs’ books to the global public.

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Publishing Copyright Infringement Copying Copyright 92

SpicyIP

AUGUST 18, 2023

Image from here On August 16, the Delhi High Court passed an order in Sun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals which is sure to have caught the attention of trademark lawyers. The court refused to grant an interim injunction to the plaintiff despite finding that the defendant had infringed the plaintiff’s mark. The court reasoned this by holding that prima facie trademark registration seems invalid, questioning the veracity of the registration order by the Trademark Registry and

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Trademark Registration 98

JD Supra Law

AUGUST 18, 2023

Why should you rely on trade secrets when other forms of intellectual property protections are available? And exactly how much effort and money should a business expend for safeguarding those secrets? The other intellectual property branches of copyrights and patents afford authors and inventors exclusive rights to their creations. However, not all creations are best fit for publication as is required for both patent and copyright protection.

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Business Intellectual Property Inventor Publishing 95

SpicyIP

AUGUST 18, 2023

Image from here Those familiar with IP litigation in India would know the significance of obtaining an interim injunction since that “interim” period is often so long that it can end up having significant commercial value as well! And while there have been numerous instances where the courts have looked past their obligations to pass reasoned orders while granting interim relief, I recently came across an interesting order from the Delhi High Court where the court denied the relief which the pla

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Government Litigation Patent IP 94

TorrentFreak

AUGUST 18, 2023

In recent years, many people have canceled their expensive cable subscriptions, opting to use cheaper Internet TV instead. Those who choose the cheapest plans often end up at pirate services. These may work flawlessly for years, until they suddenly don’t. Fiscal Police Raid IPTV Service Last May, Dutch fiscal police (FIOD) landed a major success in the battle against this type of piracy by shutting down one of Europe’s largest IPTV operations.

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Reporting Business Copyright Law 78

Patently-O

AUGUST 18, 2023

By Dennis Crouch Thaler v. Perlmutter, No. 22-1564 (D.D.C. Aug. 18, 2023). A federal court has dealt a blow to the prospect of granting copyright protections to works created entirely by artificial intelligence systems. In their recent decision, Judge Howell ruled that because AI systems lack human authorship, their output is ineligible for copyright.

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Copyright Public Domain Copyright Law Ownership 76

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

IP Law 360

AUGUST 18, 2023

A Washington, D.C., federal judge on Friday shot down an artificial intelligence researcher's argument that the U.S. Copyright Office shouldn't have rejected his application for a computer-generated image, finding that only actual people can get copyrights.

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Copyright Art 75

LexBlog IP

AUGUST 18, 2023

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Marketing Marketing Trademark Intellectual Property 52

IP Law 360

AUGUST 18, 2023

A North Carolina singer-songwriter has filed a federal infringement suit alleging that Grammy-nominated rapper French Montana promised to pay for the use of her music in a song, but never ponied up.

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Music 75

Olartemoure Blog

AUGUST 18, 2023

Have you ever wondered why you can’t just use any photo you find online? On World Photography Day, let’s explore the world of intellectual property and photography rights to grasp why respecting creators’ work matters. Understanding Intellectual Property: Intellectual Property Safeguards creative works, forming the bedrock of copyrights, including photographs.

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Intellectual Property Social Media Fair Use Copyright Law 52

IP Law 360

AUGUST 18, 2023

A concert producer and a promoter must face a trademark infringement suit over their "Legacy Reunion of Earth, Wind & Fire Alumni" concerts after a Florida federal judge found Thursday there were enough ties to the Sunshine State to haul the two defendants into court there.

Trademark 75

Trademark 75

LexBlog IP

AUGUST 18, 2023

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

Marketing 52

Marketing Marketing Trademark Intellectual Property 52

IP Law 360

AUGUST 18, 2023

U.S. Patent and Trademark Office Director Kathi Vidal told a group of about 175 entrepreneurs and business owners gathered at the World of Barbie exhibit in Santa Monica, California, on Friday that the doll's success isn't just a story of American ingenuity, but also of the triumph of trademarks.

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Law IP Trademark Business 75

JD Supra Law

AUGUST 18, 2023

Ever wondered what the UK startup scene looks like compared to the US? Today we welcome Henry Humphreys, the managing partner of Humphreys Law, a London-based law firm specializing in technology, media, and startups. The episode delves into the differences between the UK and US startup scenes, highlighting London's emergence as a leading European hub for venture investment.

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Technology Law 52

IP Law 360

AUGUST 18, 2023

U.S. Circuit Judge Pauline Newman, who's fighting with her Federal Circuit colleagues to remain on the bench, on Friday penned an opinion on behalf of the appeals court affirming Patent Trial and Appeal Board decisions that invalidated patent claims challenged by streaming equipment manufacturer Roku.

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Patent 75

JD Supra Law

AUGUST 18, 2023

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing.

Marketing 52

Marketing Marketing Trademark 52

IP Law 360

AUGUST 18, 2023

The largest maritime museum in the United States can keep a collection of historic vessel diagrams donated by a naval architectural firm in 1989 and 2011, a federal judge has ruled, granting summary judgment in favor of the museum on all but one claim surrounding preservation techniques.

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The IP Law Blog

AUGUST 18, 2023

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

Marketing 52

Marketing Marketing Trademark Trademark Law 52

IP Law 360

AUGUST 18, 2023

Teva Pharmaceuticals should be allowed to protect its generic exclusivity for its version of a Bausch Health unit's blockbuster irritable bowel syndrome treatment, Xifaxan, by intervening in a competitor's suit, the generic-drug giant has told a D.C. federal court.

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LexBlog IP

AUGUST 18, 2023

On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it easier to enforce restrictive covenants has made it more difficult to enforce employee non-solicits. On June 13 2023, in North American Senior Benefits v.

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Confidentiality Law Business Intellectual Property 52

Olartemoure Blog

AUGUST 18, 2023

One of the most important financial conglomerates in Colombia has agreed to pay a fine of over USD$40 million to settle Foreign Corrupt Practices Act (“FCPA”) breaches with the United States Securities and Exchange Commission (“SEC”). The SEC sanctioned a bribery scheme where approximately $28 million in unauthorized payments were funneled to Colombian public officials, to secure contract extensions that would benefit to a subsidiary.

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Intellectual Property Settlement Contracts Business 52

IP Watchdog

AUGUST 18, 2023

Meta settles an AI trade secrets lawsuit launched by an AI startup; the U.S. Court of Appeals for the Federal Circuit (CAFC) upholds Patent Trial and Appeal Board’s (PTAB) invalidation of two cancer treatment patents; the United States Patent and Trademark Office (USPTO) announces plans to send welcome letters to newly filed patent and trademark applications; Record labels file copyright infringement against the Internet Archive, the New York Times is considering a copyright lawsuit against Open

Copyright Infringement 52

Copyright Infringement Copyright Trademark Patent 52

Olartemoure Blog

AUGUST 18, 2023

The conducts related to the protection of copyrights that are provided for in the Intellectual Property Law and the Industrial Property Law, will now be included in the catalog of crimes. These offenses will be incorporated into the Law on criminal liability of legal persons, which would imply that as long as they affect intellectual or industrial property through corporate activities, they will be offenses attributable to the organization.

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Intellectual Property Copyright Intellectual Property Law Law 52

JD Supra Law

AUGUST 18, 2023

A parent corporation is typically not held liable for the acts of a subsidiary. As such, disregarding the corporate form (i.e., by piercing the corporate veil) and holding the parent liable is an extraordinary remedy. That said, if a parent company exercises enough control over a subsidiary, however, courts may hold the parent liable.

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Business 52

Olartemoure Blog

AUGUST 18, 2023

On August 9, the Chilean Supreme Court granted an appeal against the company Emotiv Inc., regarding the collection and processing neuro-data carried out by such company through its Insight device. The decision, which is unprecedented worldwide, arises from a lawsuit brought against the company in April 2022, by former Chilean congressman Guido Girardi, in which he denounced the violations of constitutional rights and warranties, derived from the Chilean Constitution.

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Due Diligence Privacy Intellectual Property Marketing 52

JD Supra Law

AUGUST 18, 2023

One question we commonly hear from inventors is whether they have ownership rights to a patentable idea they conceived while working for a company. The answer can be quite tricky. “The general rule is that an individual owns the patent rights to the subject matter of which he is an inventor, even though he conceived it or reduced it to practice in the course of his employment.”.

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Invention Inventor Ownership Patent 52

Trading Secrets

AUGUST 18, 2023

On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it easier to enforce restrictive covenants has made it more difficult to enforce employee non-solicits. On June 13 2023, in North American Senior Benefits v.

Confidentiality 52

Confidentiality Law 52

JD Supra Law

AUGUST 18, 2023

The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC, and affirmed the trial court’s ruling that Instagram, a social media platform, could not face liability for secondary infringement under the “Server Test” because plaintiffs could not prove infringement of their copyrighted photographs since the third-party news platforms had.

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Social Media Copyright Copyright Infringement 52

Managing IP

AUGUST 18, 2023

Licences are crucial and some deals depend on buyers getting funding, say in-house and private practice sources

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Patent IP 52

JD Supra Law

AUGUST 18, 2023

Social media continues to grow at an extraordinary pace. Companies regularly introduce new social media platforms to the marketplace and seek new ways to utilize such platforms to advance their businesses. At the same time, the law has struggled to address novel issues stemming from social media—specifically as it pertains to intellectual-property ownership.

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Social Media Ownership Intellectual Property Business 52

Likelihood of Confusion

AUGUST 18, 2023

Microsoft appears therefore to be leaning completely on a German trademark as a part of its international trademark strategy for a new product. On the face of it, this course. The post Microsoft’s trademark master plan appeared first on LIKELIHOOD OF CONFUSION™.

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