Olartemoure Blog

OCTOBER 27, 2023

On this World Audiovisual Heritage Day, we are reminded of the importance of emphasizing the critical role of safeguarding our audiovisual treasures. Today, we bring you a case that exemplifies the vital importance of legal protection and transparent agreements in preserving these cultural and historical assets. THE CASE: AALMUHAMMED V. LEE (NINTH CIRCUIT COURT OF APPEALS) Jefri Aalmuhammed was sought by “Malcom X” star Denzel Washington to make historical contributions to the award-winning film

Intellectual Property 104

Intellectual Property Litigation Contracts Copyright 104

IP Law 360

OCTOBER 27, 2023

BigLaw firm Lewis Brisbois has called on a Texas federal court to compel certain testimony from a lawyer accused of taking part in a conspiracy to infringe the firm's trademark, saying he improperly refused to answer various deposition questions based on attorney-client privilege.

Trademark 98

Trademark 98

Olartemoure Blog

OCTOBER 27, 2023

On this World Audiovisual Heritage Day, we are reminded of the importance of emphasizing the critical role of safeguarding our audiovisual treasures. Today, we bring you a case that exemplifies the vital importance of legal protection and transparent agreements in preserving these cultural and historical assets. THE CASE: AALMUHAMMED V. LEE (NINTH CIRCUIT COURT OF APPEALS) Jefri Aalmuhammed was sought by “Malcom X” star Denzel Washington to make historical contributions to the award-winning film

Intellectual Property 97

Intellectual Property Contracts Copyright Law 97

Nelligan Law

OCTOBER 27, 2023

Reading Time: 4 minutes IP plays a crucial role in preserving and inspiring Salem’s culture This Fall, our family loaded up the car and embarked on a journey to Salem, Massachusetts. Salem isn’t just a city with a rich history; it also radiates a creative energy that’s absolutely enchanting. Renowned for its bewitching tales and thriving arts scene, Salem is a perfect destination for a getaway.

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Intellectual Property Art IP Copyright Law 93

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

JD Supra Law

OCTOBER 27, 2023

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her consent to advertise subscriptions to a website. The case, Martinez v. ZoomInfo Technologies, Inc. (decided Sep. 21, 2023), posed interesting substantive and procedural issues concerning the interplay between one’s intellectual property rights and California’s anti-SLAPP law.

Law 84

Law Intellectual Property Advertising Advertising 84

U.S. Department of Commerce

OCTOBER 27, 2023

National Cybersecurity Month: Protecting Yourself Online October 27, 2023 KCPullen@doc.gov Fri, 10/27/2023 - 10:02 Cybersecurity By Ryan A. Higgins, Department of Commerce Chief Information Security Officer The 20 th anniversary of National Cybersecurity Awareness Month is an excellent reminder that not only are cyber threats still a serious issue, but they have also grown and become more sophisticated.

Technology 81

Technology 81

The IPKat

OCTOBER 27, 2023

In a recent decision ( R 872/2023-4 ), which is reassuring for rightsholders in 2D and 3D figurative marks, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative mark consisting of an image of a gummy bear met the minimum degree of distinctive character required for it to be protected as a trade mark in the EU.

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Registration Designs Design Intellectual Property 78

JD Supra Law

OCTOBER 27, 2023

LEGISLATION, REGULATIONS & STANDARDS - California Gov. Signs Food Additive Bill, Groups Urge FDA to Act - California Gov. Gavin Newsom signed a first-in-the-nation bill banning four food additives, prompting a food industry group to call on the U.S. Food and Drug Administration (FDA) to take action in response. By: Shook, Hardy & Bacon L.L.P.

Litigation 81

Litigation 81

IP Law 360

OCTOBER 27, 2023

The Federal Circuit on Friday refused Assa Abloy Global Solutions' request to block the transfer of its suit, which seeks a declaration that it doesn't infringe patents by Liberty Access Technologies Licensing, from Illinois to Texas, finding the Swedish conglomerate didn't present its main argument to the lower court.

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Licensing IP Technology Patent 74

JD Supra Law

OCTOBER 27, 2023

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this dispute on this episode of The Briefing.

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Advertiser: IPO

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Patent

The IPKat

OCTOBER 27, 2023

The implementation of the new sequence listing format ST.26 by the EPO raises added matter risks for applicants. The ST.26 standard came into force in July 2022 and applies to all new European applications filed after this date, including divisionals. The applicant may therefore be required to convert the ST.25 sequence listing of a parent application into a ST.26 sequence listing for a divisional.

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Patent Application Patent Patent Drafting Journalism 67

JD Supra Law

OCTOBER 27, 2023

On 18 October 2023, the President of the Court of First Instance of the UPC issued an order changing the procedural language from Dutch to English (the language of the patent at issue). The Court weighed the interests of both the patentee (advocating for proceedings in Dutch) and the defendant (which was the applicant of the application and claimed to have been disadvantaged using the Dutch language), and found that the use of the Dutch language was significantly detrimental to the defendant.

Patent 73

Patent 73

The TTABlog

OCTOBER 27, 2023

Frequent TTAB litigant Monster Energy survived Applicant Cheng Shin Rubber's summary judgment motion in this opposition to registration of the mark shown below left for “tires” and for “promoting sports competitions and events of others; promoting sports competitions for others; promotion of goods and services through sponsorship of sports events,” based on Monster's "Claw Icon" mark.

Social Media 67

Social Media Registration Advertising Advertising 67

JD Supra Law

OCTOBER 27, 2023

According to recent data, nearly 60% of employees are either using or about to use AI in the workplace. However, just over 20% of employers actually have policies around its use. Company leaders and boards are asking the imperative question of whether to implement AI policies within their organization. If they are, how loose or restrictive should they be?

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IP Law 360

OCTOBER 27, 2023

The automotive industry is urging the full Federal Circuit to keep the test for obviousness in design patents as is, saying in a series of amicus briefs that the law is predictable and stable.

Design Patent 72

Design Patent Designs Design Patent 72

JD Supra Law

OCTOBER 27, 2023

Senior Circuit Judge Bryson of the Federal Circuit, sitting by designation in the District of Delaware, recently granted-in-part and denied-in-part a Rule 12(c) motion for judgment based on patent eligibility under 35 U.S.C. § 101. The patents are directed to restricting access to computer files.

Patent 68

Patent Designs Design 68

The IP Law Blog

OCTOBER 27, 2023

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this dispute on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Law 62

Law Intellectual Property IP 62

JD Supra Law

OCTOBER 27, 2023

The latest briefing in Silverman v. OpenAI reads like that old REM song, “The End of the World as We Know It.” OpenAI has responded to the Plaintiffs’ claims that OpenAI’s popular platform ChatGPT has infringed their copyright with disaster-laden references to Michael Jordan and “the future of artificial intelligence.”.

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Copyright 65

IP Watchdog

OCTOBER 27, 2023

On October 26, a panel majority of the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a pair of final written decisions at the Patent Trial and Appeal Board (PTAB) invalidating patent claims owned by Monterey Research and covering improved static random access memory (SRAM) cell designs. Dissenting from the majority was Circuit Judge Timothy Dyk, who believed that both the Board and CAFC panel majority erred by concluding that claim amendments made during reexamination did not dif

Designs 59

Designs Design Design Patent Patent 59

JD Supra Law

OCTOBER 27, 2023

In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more.

Patent 65

Patent 65

43(B)log

OCTOBER 27, 2023

Here. Abstract This useful article about the effects of music on YouTube on consumption of the same music elsewhere should be understood for what it is: An empirical investigation of YouTube’s effects. It allows no conclusions about “safe harbors” both because YouTube was not relying on the safe harbor regime either before or after the relevant policy change and because, as YouTube’s lack of reliance shows, the safe harbor regime primarily protects thousands of websites that don’t behave like Yo

Music 59

Music Licensing Copyright Marketing 59

JD Supra Law

OCTOBER 27, 2023

18 8 In ABS Global, Inc. v. Cytonome/ST, LLC, No. 2022-1761, 2023 WL 6885009 (Fed. Cir. Oct. 19, 2023), the Federal Circuit issued a precedential reminder that the use of “a” or “an” means “one or more” in an open-ended claim unless the claims, the specification, or the prosecution history necessitates a departure of this long-held general rule. See, e.g., KCJ Corp. v.

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LexBlog IP

OCTOBER 27, 2023

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this dispute on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Intellectual Property 52

Intellectual Property 52

JD Supra Law

OCTOBER 27, 2023

With “spooky season” dominating October holiday talk, it’s easy to forget poor old National Apple Day or simply Apple Day, which took place last Saturday and is observed every October 21. According to Wikipedia, one can celebrate Apple Day in any number of ways, from “apple games in a garden to large village fairs with cookery demonstrations, games, apple identification, juice and cider, gardening advice, and the sale of many hundreds of apple varieties.”.

Trademark 65

Trademark Branding Brands Branding 65

IP Law 360

OCTOBER 27, 2023

Barnes & Thornburg LLP is expanding its intellectual property team with the hire of a Fish & Richardson PC attorney who has years of experience representing Fortune 100 companies and startups in court and in front of the Patent Trial and Appeal Board.

Intellectual Property 52

Intellectual Property IP Patent 52

JD Supra Law

OCTOBER 27, 2023

The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to IGT’s position, there was no interference estoppel.

Art 62

Art Patent 62

LexBlog IP

OCTOBER 27, 2023

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this dispute on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Intellectual Property 52

Intellectual Property 52

Olartemoure Blog

OCTOBER 27, 2023

The Bogota Chamber of Commerce has developed a Guide that enables SMEs to protect themselves against cyber-attacks. The Guide highlights that these types of organizations are also attracting cybercriminals, due to the lack of security measures. As such, companies are urged to take proactive measures to protect themselves against cyber-attacks by implementing basic security controls and educating employees.

Intellectual Property 52

Intellectual Property Business Privacy 52

Likelihood of Confusion

OCTOBER 27, 2023

Crack broadcasting consultant John Catlett, who sits with me on the advisory board of WPRB in Princeton and like me is an alumnus of the station (and who unlike me. The post New reporting requirements for webcasters appeared first on LIKELIHOOD OF CONFUSION™.

Reporting 52

Reporting 52

Olartemoure Blog

OCTOBER 27, 2023

“Dive into Excellence: The 2023 Japan Prize for Groundbreaking Development Research” Join the quest for innovative solutions and breakthrough insights with the 2023 Japan Prize for Outstanding Development Research, an exciting research grant competition hosted within the esteemed Global Development Award Competition (GDAC). This prestigious initiative is proudly managed by the World Bank and fueled by the generous support of the Ministry of Finance of the Government of Japan.

Intellectual Property 52

Intellectual Property Government 52

LexBlog IP

OCTOBER 27, 2023

Resilience issued its Midyear 2023 Claims Report , which is well worth the read. In addition to commenting on the impact of the MOVEit incident, some of the key findings include: Ransomware remains a leading cause of losses of insureds Ransom costs continue to increase, which may mean that threat actors are targeting larger targets Third-party vendors are being targeted and have taken over as the highest point of failure in claims Extortion by threatening to release exfiltrated data continues to

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Reporting Intellectual Property 52

Olartemoure Blog

OCTOBER 27, 2023

Last October 18, the DIAN (National Tax and Customs Directorate) issued Resolution No. 008742 which develops and establishes not only the terms but also the form and content for the registration of technology import contracts before the entity. Such contracts include -among others- technology licenses, trademarks or patents, as well as technical assistance or service contracts, or basic engineering contracts.

Contracts 52

Contracts Registration Technology Intellectual Property 52

IP Law 360

OCTOBER 27, 2023

For the third time in six years, the U.S. Supreme Court will examine whether certain restrictions to register trademarks violate applicants' freedom of speech, having already concluded that barring marks considered disparaging or immoral don't withstand First Amendment scrutiny.

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Registering Trademarks Trademark 52

Olartemoure Blog

OCTOBER 27, 2023

On October 18, 2023, the Office of Foreign Assets Control (OFAC) temporarily lifted certain trade sanctions in three sectors of the Venezuelan economy, which are oil, gas, gold, and financial. To elaborate, the authorization for the oil and gas sector is effective for six months and will expire on April 18 of the following year. During this period, it allows commercial transactions with the state-owned company (PDVSA).

Intellectual Property 52

Intellectual Property 52

Velocity of Content

OCTOBER 27, 2023

Scholastic announced this week the reversal of a recent decision to offer an optional package for diverse books at its school book fairs. In a letter shared with authors and illustrators, from Scholastic Trade Publishing president Ellie Berger apologized for the loss of trust and “the pain caused.” The proposed case of book titles, “Share Every Story, Celebrate Every Voice,” was enabling censorship, critics said.

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Social Media Publishing Reporting Copyright 52