Thu.Jun 06, 2024

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Adobe’s Terms of Service Debacle

Plagiarism Today

Adobe users are in revolt over changes to the company's terms of service. But how bad are they should users be worried? The post Adobe’s Terms of Service Debacle appeared first on Plagiarism Today.

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Ted Lasso Trademark Lessons

Erik K Pelton

The following is an edited transcript of my video 5 Trademark Lessons from Ted Lasso. I loved the showed Ted Lasso, with its great story lines, acting, and cheerful presence. Here are five trademark lessons we can apply from the show: If you’ve seen Ted Lasso, you’ve seen the Believe poster in the locker room. Believe is important for the trademark process because trademarks are both an art and a science, so you have to have some belief when you’re building a brand that youR

Trademark 130
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3 Count: Alright, Alright, Alright

Plagiarism Today

Travis Scott hits back in sampling lawsuit, Pakistani singer has hit song taken down, and Louis Vuitton pressed over Romanian design. The post 3 Count: Alright, Alright, Alright appeared first on Plagiarism Today.

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Publishing Companies Say Google is Liable for Promoting Pirated Textbooks

IP Watchdog

Several major educational publishing companies, including Macmillan, Elsevier and McGraw Hill, have sued Google in a New York district court alleging contributory and vicarious copyright infringement, trademark infringement and violations of New York’s General Business Law. The companies claim that Google’s search engine is facilitating infringement by promoting pirate sites that sell heavily discounted versions of educational textbooks.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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I Don’t Get You, Babe - The Curious Copyright Case of Sonny & Cher & Mary

JD Supra Law

The 1970s were the heyday of the now-extinct television genre known as the variety show: a weekly extravaganza headlined by a well-known entertainer, generally accompanied by a supporting cast of singers, dancers and comedians, and featuring a weekly guest star to liven things up. Among the longest lasting of these weekly spectacles was The Sonny & Cher Comedy Hour, which premiered in 1971 and featured the eponymous 1960s singing duo.

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Mishandled Disclosures: A Greek Tragedy in IP Law

Patently-O

by Dennis Crouch Neuropublic S.A., a Greek technology company, has filed a federal lawsuit against the law firm Ladas & Parry LLP, with several claims stemming from the firm’s alleged mishandling of Neuropublic’s confidential invention disclosure — sending it out to a third party (“PatentManiac”) for a preliminary novelty search which then (again allegedly) further leaked the disclosure.

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Creator Spotlight with Artist, Author, & Doctor Grisell Vargas

Copyright Alliance

This week we’d like to introduce Artist, Author, & award-winning physician, Grisell Vargas. Grisell is the author of three pain management books and has been published in over 60 medical […] The post Creator Spotlight with Artist, Author, & Doctor Grisell Vargas appeared first on Copyright Alliance.

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Who Really Owns Your Patent?  You or Your Bank?

JD Supra Law

Intell. Tech LLC v. Zebra Techs. Corp., No. 2022-2207 (Fed. Cir. May 1, 2024) On May 1, the Federal Circuit reversed a district court’s dismissal of Intellectual Tech’s (“IT’s”) patent infringement claims against Zebra Technologies (“Zebra”) for lack of constitutional standing. The Federal Circuit found that even though IT defaulted on a loan, which gave their bank rights to the patents used as loan security, IT still had standing to sue, and the default did not automatically strip IT of its.

Patent 110
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AI-Generated Soundalikes Pose Right Of Publicity Issues

IP Law 360

Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.

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NYS Assembly Led Down the Primrose Path on eBooks Again

The Illusion of More

In December 2021, New York Governor Hochul recognized that she must veto a bill that would have prescribed the manner in which publishers may provide eBooks to public libraries. It isn’t necessary to rehash the details of that legislation—I wrote several posts about eBook bills—but only to restate the reason for the veto: the law […] The post NYS Assembly Led Down the Primrose Path on eBooks Again appeared first on The Illusion of More.

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IPO Diversity in Innovation Toolkit

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.

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Garage Address Not Enough To Keep IP Suit In Texas, Biz Says

IP Law 360

A Chicago-based business software review platform has argued it can't be forced to face a patent infringement suit in Texas because a patent-holding company claimed it has a location in Austin, saying a "quick Google search" would have revealed the address is a parking garage.

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Organized Crime Unit Arrest Suspected Sky TV Pirate – What About His Users?

TorrentFreak

Rightsholders and their anti-piracy partners have faced an uphill struggle trying to convince the UK public that streaming copyrighted content from illicit sources is illegal. News of legal ‘gray areas’ and other perceived loopholes in the law travel fast, but in the case of unlicensed streaming, the idea that no laws were being broken had solid support.

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'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say

IP Law 360

BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect.

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Book Review: Cross-Border Trade Secret Disputes in the European Union - Jurisdiction and Applicable Law

The IPKat

This is a review of “ Cross-Border Trade Secret Disputes in the European Union - Jurisdiction and Applicable Law ” by Lydia Lundstedt (Stockholm University) a publication that is part of the Elgar Monographs in Private International Law. The aim of this book is to address the opaque relations between EU rules on Private International Law and the EU Trade Secrets Directive in the context of transnational enforcement of trade secrets, ultimately proposing solutions that align with the directive's

Law 85
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Why Jurors Balk At 'I Don't Recall' — And How To Respond

IP Law 360

Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

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Senate Policy Roadmap Steers Generative AI Toward Transparency

JD Supra Law

In May 2024, the Bipartisan Senate AI Working Group released a roadmap to guide artificial intelligence (AI) policy in several sectors of the US economy, including intellectual property (IP).

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In 13-Year Trademark Fight, Chicago Judge Says No More

IP Law 360

A Chicago federal judge brought to a close a trademark fight between two vaping companies surrounding the phrase "21st Century Smoking" that has stretched on for over a decade and led to millions of dollars in sanctions over thousands of deleted emails and long-hidden documents.

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Interference Analysis Is a Two-Way Street

JD Supra Law

On appeal from an interference proceeding, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision that found the claims of the senior party’s patent were not invalid as time-barred under 35 U.S.C. § 135(b)(1). The Federal Circuit concluded that the “two-way test” requires looking to see if either set of pre-critical and post-critical date claims contains a material limitation not found in the other and not just looking to see if the post-critical date

Patent 71
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USPTO Rejects Apple's Bids To Reexamine Masimo Patents

IP Law 360

Apple has failed to convince examiners at the U.S. Patent and Trademark Office that there are any new reasons to cancel claims in a pair of patents cited in a U.S. International Trade Commission ruling that blocks the tech giant from importing Apple Watches with a blood oxygen sensor.

Patent 75
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Cancer Drugs: Deals and Licensing for Antibody-Drug Conjugates

JD Supra Law

Antibody-drug conjugates (ADCs) are a promising class of cancer treatments with an accelerating number of U.S. Food and Drug Administration (FDA) approvals and rapidly growing market size, as discussed in previous articles in this series. This article discusses issues relating to deals and licensing for ADCs/Antibody therapeutics.

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Romania Becomes 18th EU State To Join UPC

IP Law 360

European officials said Wednesday that Romania has joined Europe's unitary patent system after ratifying the agreement just ahead of its first anniversary.

Patent 69
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California Federal Court Holds X’s Claims Against Scraper Preempted By Federal Law

JD Supra Law

On May 9, 2024, in X Corp. v. Bright Data Ltd., the U.S. District Court for the Northern District of California dismissed X’s claims alleging that Bright Data’s access to X’s systems, and scraping and selling of publicly available data from X’s platform, violated its Terms of Service and other policies. Bright Data’s business involves various data scraping products and services, such as scraping data on behalf of its customers, selling tools that enable customer to scrape data, and providing IP.

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Infographic | Mapping Innovation

Olartemoure Blog

In the recently published WIPO report on “Making Innovation Policy Work for Development”, there was a section with graphic representation on the distribution of capabilities in different countries from 2001 to 2020, focusing on the diversification of capabilities in science, technology and production. China experienced extraordinary growth in technological capabilities, going from 16% to 94% in technological specialization between 2001-2004 and 2017-2020. china 16% to 94% in technological specia

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Trade Mark Information Leaflet

JD Supra Law

A trade mark is a sign which can distinguish your goods and services from those of another company. Trade marks can be words or logos or a combination of the two. The sign needs to be able to be represented graphically.

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Beware Of Trademark Scammers Leveraging USPTO Data

IP Law 360

Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.

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Federal Circuit Applies WesternGeco Framework to Expert’s Effort to Seek Royalties Flowing from Customers Overseas

JD Supra Law

In 2010, Trading Technologies International, Inc. (“TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. 6,766,304; 6,772,132; 7,676,411; and 7,813,996 — were related and directed to graphical user interfaces used by commodity traders. TT alleged that IBG’s software, TWS BookTrader, which is used by traders to buy and sell on exchanges, infringed its patents.

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Father’s Day Gear Guide

Patently-O

Father’s Day is Coming Up! Here is the List for 2024: TheraGun : I use mine almost every day before working out to help with sore muscles and some tendonitis. Free Fly SPF Hoodie : Super comfortable and looks great along with sun blocking for my northern European skin. iRobot Roomba : This is great because I feel like I’m cleaning just by pushing start.

Patent 59
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Patents, Native People, and Traditional Communities: World Intellectual Property Organization (WIPO) Signs Historic Treaty

JD Supra Law

Following more than two decades of negotiation, WIPO member states have inked the first-of-its-kind international treaty addressing the connection between “Intellectual Property, Genetic Resources, and Associated Traditional Knowledge,” a treaty that includes specific provisions addressing property rights of native peoples and local communities.

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UK, US Team Up On Standard-Essential Patents

IP Law 360

The U.S. Patent and Trademark Office and U.K. Intellectual Property Office each announced a five-year agreement Thursday to collaborate on policy for standard-essential patents.

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Federal Circuit Revamps Obviousness Test for Design Patents

JD Supra Law

In its recent en banc decision issued in LQK v. GM Global, the Federal Circuit overruled the Rosen-Durling test for design patent obviousness, jettisoning decades-old precedent and loosely outlining a design patent obviousness test that aligns with the standard for utility patents. In doing so, the court has lowered the bar for design patent obviousness and opened the door for more prior art rejections by the USPTO.

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AI Co. UiPath's $70M Award Over Chinese Code Theft OK'd

IP Law 360

A New York federal judge has affirmed an unopposed $70 million arbitration award in favor of U.S. artificial intelligence software and robotic process automation company UiPath against a China-based competitor over allegedly stolen source code.

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Reliably Determining Reasonable Royalty Rates From Lump-Sum Licenses

JD Supra Law

Summary: License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over Google’s smart thermostat products.

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Judge OKs $42M Stent IP Verdict, Discards Willfulness Finding

IP Law 360

A Delaware federal judge has said Boston Scientific was not entitled to a new trial in a case where it was told to pay $42 million for stent systems patent infringement, but threw out a finding of willful infringement.

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WIPO Publishes Madrid Yearly Review 2024: A WBD Summary

JD Supra Law

The World Intellectual Property Organization (WIPO) recently published its annual Madrid Yearly Review, offering a comprehensive overview of the facts, figures, and analyses of the international registration of marks.

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Getty Images Removed From Barry Sanders Statue Suit

IP Law 360

The number of defendants in the copyright fight over a photo used to create the statue of legendary running back Barry Sanders has continued to dwindle, after the photographer dismissed Getty Images Inc. from the suit while he continues to pursue claims against the Detroit Lions and others.