Plagiarism Today

JANUARY 30, 2024

Internet Archive hits back in music label lawsuit, German police seize billions worth of bitcoin and Nightshade gets 250K downloads. The post 3 Count: 78 RPMs appeared first on Plagiarism Today.

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Plagiarism Music Copyright 207

JD Supra Law

JANUARY 30, 2024

Wayfarers Chapel, a Rancho Palos Verdes church, sued Malibu wedding chapel Calamigos Ranch on trademark and trade dress infringement grounds, as well as unfair competition. Interestingly, Wayfarers Chapel alleged in their complaint dated January 25, 2023 that the defendants copied the “distinctive architectural trade dress of the chapel itself.”.

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Copying Trademark 122

Plagiarism Today

JANUARY 30, 2024

In Norway, one prominent minster has resigned and another is fighting for their position following a pair of predictable plagiarism scandals. The post The Norway Plagiarism Scandal appeared first on Plagiarism Today.

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Plagiarism Government 167

SpicyIP

JANUARY 30, 2024

Image from here Butter chicken is one of the most famous Indian dishes available all over India and outside. This culinary delight is now the subject of an intellectual property rights dispute before the Delhi High Court. The INR 2 crore (USD 240,000) squabble is between the Gujrals, founders of the restaurant chain Moti Mahal (and Moti Mahal Deluxe), and the grandson of another one of the founders – Daryaganj.

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False Advertising Social Media Inventor Advertising 116

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

IP Watchdog

JANUARY 30, 2024

In a pending case, the Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement at the United States International Trade Commission (ITC). In ruling, the court will likely resolve a long-running dispute between individual commissioners regarding how to apply the so-called “mere importer” test when determining whether the domestic industry requirement is met.

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Inventor Patent Infringement Patent Litigation 105

SpicyIP

JANUARY 30, 2024

Image from here [ This post has been co-authored with SpicyIP Intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. His previous post can be accessed here. ] On August 2, 2023, the extremely problematic Jan Vishwas Act, 2023 was passed by the Parliament. As highlighted by Aparajita, here and here , the amendments introduced by the Jan Vishwas Act, 2023 dilute the obligation to submit the working statement and introduc

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Patent Invention Blogging Government 111

SpicyIP

JANUARY 30, 2024

The Delhi High Court granted ex parte permanent injunction against the defendant entities which were misusing Tata’s “Croma” for fraudulent practices. Facts Infiniti Retail Limited, a wholly owned subsidiary of Tata Sons, is the registered owner of “Croma”. The retail chain “Croma”, which was launched in 2006, offers a wide range of retail products ranging from electronic products to kitchen appliances.

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Due Diligence Advertising Advertising Trademark 105

TorrentFreak

JANUARY 30, 2024

Over the past decade and a half, hundreds of thousands of alleged BitTorrent pirates were taken to court for sharing mostly video content without permission from rightsholders. While this activity is still ongoing, at least to a degree, not all courts have welcomed this type of lawsuit. On several occasions, courts dismissed piracy claims after ruling that “an IP address is not a person” In 2014, for example, Florida federal court Judge Ursula Ungaro dismissed a lawsuit ruling that I

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IP Copyright Copyright Infringement Copying 100

SpicyIP

JANUARY 30, 2024

Image from here The office of the Controller General (CGPDTM) has announced that it will be organizing a “physical” meeting in its Mumbai office on February 1, to listen to the grievances of stakeholders regarding the TMR portal and other issues concerning the processing of trademark applications. The notice for this meeting was passed on January 29 i.e. just 2 days before the proposed meeting and it does not state if the meeting can be attended virtually.

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Trademark Designs Design IP 103

JD Supra Law

JANUARY 30, 2024

The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for sustainability in retail, and merger and acquisition (M&A) activity transformed the luxury fashion sector.

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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 IPKat

JANUARY 30, 2024

On 1st January every year we celebrate the array of works entering the public domain, as their copyright term expires. This year, entering the public domain [generally speaking] are copyright protected works created by people who died in 1953, for countries with a copyright term of life plus 70 years (e.g., UK, most of EU and South America); works by people who died in 1973, for countries with a term of life plus 50 years (e.g., New Zealand, and most of Africa and Asia); as well as films and boo

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Public Domain Copyright Publishing Designs 78

Christopher Roser

JANUARY 30, 2024

I am in the lucky position of seeing a lot of different shop floors through my work. This requires me to quickly understand what is going on on the shop floor and to estimate how well the shop floor is managed. What my hosts tell me and what I see unfortunately does not always match. Read more The post Different Aspects of Seeing a Shop Floor—Introduction first appeared on AllAboutLean.com.

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The IPKat

JANUARY 30, 2024

Some jurisdictions have a doctrine of international exhaustion while in others, like the EU, the exclusive trade mark rights are only exhausted if the goods are placed on the market in the EEA (including the EU, Iceland, Liechtenstein and Norway). In (supra-)national exhaustion regimes, an important question is who bears the burden of proof that the goods are exhausted.

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Marketing Marketing Art Branding 76

JD Supra Law

JANUARY 30, 2024

Listen to a clip from Episode 1 of our new podcast, the Ad Law Tool Kit Show. In this episode, partners Melissa Steinman and Erin Maus talk to host Len Gordon about product safety and recalls. Check out the episode.

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Law 75

Technology & Marketing Law Blog

JANUARY 30, 2024

This is an IP enforcement action against a print-on-demand service called Printify. Printify facilitates interactions between merchants who create new items to sell (using storefronts like Etsy, Shopify, or eBay) and third-party printers/manufacturers. Printify doesn’t process consumer purchases for its merchants (except in its “Pop-Up Shops” offering) and doesn’t display its brand on any manufactured items.

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Publishing Trademark Designs Design 75

JD Supra Law

JANUARY 30, 2024

On December 23, 2023, the Federal Court of Appeal (FCA) held that it was an abuse of process for Apotex to raise invalidity in defending actions under the Patented Medicines (Notice of Compliance) Regulations (Regulations) after unsuccessfully asserting only non-infringement in a 2021 action involving the same parties and the same patent: Janssen Inc v Apotex Inc, 2023 FCA 253.

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Patent 75

The IPKat

JANUARY 30, 2024

The protection of works of applied art by intellectual property is a divisive issue. This subject has recently been the subject of some important clarifications [ IPKat here , here or here ]. This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. This ruling was an opportunity for the court to reiterate that a garment can be protected by copyright and design law.

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Designs Design Art Intellectual Property 73

JD Supra Law

JANUARY 30, 2024

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Extensions of time available in Oppositions and section 45 (non-use cancellation) proceedings were significantly reduced. Additionally, many trademark fees increased by 20-35%.

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Trademark Law Trademark Law Advertising 75

IP Close Up

JANUARY 30, 2024

Since China became worldwide leader in patent applications in 2011, overtaking Japan, the number of its applications have soared.

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Patent Application Patent Licensing Intellectual Property 83

JD Supra Law

JANUARY 30, 2024

Although it's not often that I read a decision by the U.S. Court of Federal Claims, it appears that Vanda may be opening a new front in the brand/generic battle by surviving a motion to dismiss in a case it brought under the Fifth Amendment takings clause relating to FDA sharing certain information with generic applicants regarding dissolution rate and other specifications for two of Vanda's products, Hetlioz (tasimelteon) and Fanapt (iloperidone).

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Branding Brands Branding 73

The IPKat

JANUARY 30, 2024

In a new evocation case ( RG n° 21/16284 ), the Paris Court of Appeal has found that packaging of frozen food with such word elements as “Sud-Ouest”, “cooked with duck fat” and a duck picture are infringing the protected geographical indication (PGI) “Canard à foie gras du Sud-Ouest” (Duck with foie gras from the South West). Background As its name indicates, “Canard à foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy)” is a French PGI for duck from the South-West of Fra

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Art Branding Brands Branding 62

JD Supra Law

JANUARY 30, 2024

In early 2023, we issued a client alert reminding clients that they had until March 3, 2023 to file objections to the Center for Investigative Reporting’s Freedom of Information Act (FOIA) request that was submitted to the Department of Labor (DOL) and seeks EEO-1 Type 2 report data from federal contractors and first-tier subcontractors who submitted the information to the DOL as part of the Affirmative Action Program.

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Reporting 73

IP Law 360

JANUARY 30, 2024

The Centers for Disease Control and Prevention's repeated citation of research for HIV prevention treatments in its patent applications was key to the U.S. Court of Federal Claims concluding the government violated contracts with research partner Gilead, according to an opinion unsealed Tuesday.

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Contracts Patent Application Patent Government 59

JD Supra Law

JANUARY 30, 2024

Case Name: H. Lundbeck A/S v. Lupin Ltd., 87 F.4th 1361, 2023 WL 8462010 (Fed. Cir. Dec. 7, 2023) (Circuit Judges Dyk, Prost, and Hughes presiding; Opinion by Dyk, J.) - Drug Product and Patent(s)-in-Suit: Trintellix® (vortioxetine); U.S. Patents Nos. 9,278,096 (“the ’096 patent”), 9,125,910 (“the ’910 patent”), and 9,101,626 (“the ’626 patent”).

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Patent 70

IP Watchdog

JANUARY 30, 2024

Last week, biopharmaceutical company Liquidia Technologies filed a petition for writ of certiorari with the U.S. Supreme Court to appeal a Federal Circuit ruling that affirmed induced infringement findings against Liquidia following the patent at issue being invalidated at the Patent Trial and Appeal Board (PTAB). In the petition, Liquidia argues that two previous Supreme Court rulings lead to a result contrary to the Federal Circuit’s determination that the invalidation of patent claims at the

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Litigation Technology Patent Patent Infringement 59

JD Supra Law

JANUARY 30, 2024

Zap filed an IPR petition alleging obviousness of a patent owned by Elekta. The petition relied on a combination of two references. The Board found a reason to combine the references and ultimately found obviousness of the challenged claims. Elekta appealed, arguing that the Board’s analysis of motivation to combine was unsupported by substantial evidence and that it failed to make any findings related to reasonable expectation of success.

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Editing IP Patent 70

43(B)log

JANUARY 30, 2024

Bush v. Rust-Oleum Corp., 2024 WL 308263, No. 20-cv-03268-LB (N.D. Cal. Jan. 26, 2024) Bush alleged that Rust-Oleum falsely labeled of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly.” Rust-Oleum sought summary judgment on the California consumer protection claims based on the argument that likely deception was refuted by disclaimers on the labels themselves and testimony from the plaintiff and his expert toxicologist.

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Law False Advertising Advertising Advertising 59

JD Supra Law

JANUARY 30, 2024

Major technology paradigm shifts are typically followed by a wave of patent application filings. If you don’t believe that, a quick patent search will validate this for your technology of choice. What you’ll also find is that there can be a significant lag between when the technology enters the mainstream and when related patent applications actually publish.

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Patent Patent Application Technology Publishing 70

Barry Sookman

JANUARY 30, 2024

I had the pleasure of participating in a webinar hosted by DIGITAL earlier today along with John Weigelt of Microsoft and moderated by Jenn Mielgu of DIGITAL. The topic was Unravelling the complex tapestry of AI: what’s keeping organizations up at night? My talk focused on regulatory developments in Canada, the EU, and the United States and how it impacts organizations.

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Contracts Copyright 57

JD Supra Law

JANUARY 30, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Travis Kelce’s Trademark Era? Taylor Swift is arguably one of the most valuable and trademarked musicians in history: she reportedly holds more than 100 trademarks.

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Trademark IP Reporting Patent 68

LexBlog IP

JANUARY 30, 2024

On February 5, 2024, the USPTO will retire the Electronic Patent Assignment System (EPAS) and the Electronic Trademark Assignment System (ETAS). The new Assignment Center will fully replace EPAS and ETAS for processing all patent and trademark reassignment requests. The website location to search for patent and trademark assignments will not change.

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Trademark Patent Intellectual Property 52

JD Supra Law

JANUARY 30, 2024

Despite the U.S. Court of Appeals for the Federal Circuit's en banc Phillips v. AWH Corp. decision in 2005 that purported to establish the definitive standard for claim construction, two disparate lines of claim construction case law have emerged in Federal Circuit panel decisions. One line approaches claim construction as a contextual, holistic exercise that considers a variety of types of evidence with few hard-and-fast rules.

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Law 68

IP Law 360

JANUARY 30, 2024

A former Comfort Inn location operator has agreed to pay lodging franchisor Choice Hotels $400,000 to settle claims in Ohio federal court that the operator continued to use the Choice Hotel's marks and signage after their franchise agreement was scrapped.

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JD Supra Law

JANUARY 30, 2024

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending applications for registration to utilize a simplified and streamlined procedure for obtaining trademark protection in many foreign jurisdictions.

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Registering Trademarks Registration Trademark 68

IP Law 360

JANUARY 30, 2024

The First Circuit has backed a lower court jury's finding in favor of a doctor accused of fraud for not obtaining the proper consent from a patient who received an experimental therapy, rejecting an argument that the lower court didn't include evidence involving a patent.

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Patent 52