Plagiarism Today
JANUARY 18, 2024
The Copyright Claims Board is seeing a sharp rise in contested cases, here's four of the latest and most interesting to receive a response. The post 4 More Contested Cases Before the Copyright Claims Board appeared first on Plagiarism Today.
Intellectual Property Law Blog
JANUARY 18, 2024
In H. Lundbeck A/S, et al. v. Lupin Ltd., et al. , Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents.
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Plagiarism Today
JANUARY 18, 2024
Anthropic fires back at music publishers' lawsuit, Finland denies parody defense over racism and Ice Spice sued over In Ha Mood. The post 3 Count: Icy and Spicy appeared first on Plagiarism Today.
Erik K Pelton
JANUARY 18, 2024
The following is an edited transcript of my video Tips for Brainstorming New Business and Brand Names Brainstorming for new brand names is really the genesis of brand protection. The better the name you come up with at the outset, the easier it’s going to be to protect, and more likely you’ll have stronger protection. It’s not easy to come up with a bold, unique, and protectable name, but it is still possible, Begin with pieces of words and names.
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?
Dragons' Den
JANUARY 18, 2024
Episode 3 got off to a kicking start with entrepreneur and ex-football player Gary Neville joining the Den, the first ever Guest Dragon. While some entrepreneurs were top of the leaderboard, others just failed to make the cut. Seeds that heal Entrepreneur and mum, Giselle Boxer, entered the Den ready to take the Dragons on. Giselle asked for £50k and help with scaling-up her business Acu Seeds , in exchange for a 10% share in the business.
JD Supra Law
JANUARY 18, 2024
Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and videos that are virtually indistinguishable from real life. These so-called "deepfakes" can be used to misappropriate virtually anyone’s image and likeness for unlawful commercial gain, embarrassment, or other nefarious purposes.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JANUARY 18, 2024
With more than 14 million digital books in its archive, Z-Library is one of the largest shadow libraries on the Internet. Two of its alleged operators were arrested as part of a criminal crackdown by the United States, but the site seems largely unaffected. The Russian defendants are currently fighting an extradition battle. While their involvement with Z-Library is apparent to U.S. law enforcement, they don’t appear to be crucial to the operation, since Z-Library continues to thrive.
IP Law 360
JANUARY 18, 2024
The Patent Trial and Appeal Board has found that Tesla failed to prove that any of the claims it challenged in a Charge Fusion Technologies patent on electric vehicle charging were obvious.
Technology & Marketing Law Blog
JANUARY 18, 2024
My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. Then, in Liapes v. Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.
TorrentFreak
JANUARY 18, 2024
Last summer, UK broadcaster Sky obtained a High Court injunction that requires local ISPs to block pirate IPTV services illegally offering its content. Blocking injunctions aren’t new or unusual but since limited information is made available to the public, anyone interested in the mechanisms involved and whether blocking is working must find out for themselves.
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.
IP Law 360
JANUARY 18, 2024
Developers of generative artificial intelligence models are using vast datasets compiled by nonprofits to train large language models and text-to-art platforms, raising the question of whether AI companies can shield themselves from copyright liability because they did not compile or pay for the material.
JD Supra Law
JANUARY 18, 2024
In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions.
43(B)log
JANUARY 18, 2024
"Consumers used to watch ads; now, ads watch them." So says Christine Haight Farley in her intriguing new article. Christine Haight Farley, Trademarks in an Algorithmic World , 98 Wash. L. Rev. 1123 (2023). Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace.
JD Supra Law
JANUARY 18, 2024
As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things, high-profile court cases in 2023 have demonstrated the complexities of copyright infringement claims and fair use defenses in the real estate space.
The TTABlog
JANUARY 18, 2024
By my count, in 2023 the Board issued final decisions in 60 appeals from Section 2(e)(1) mere descriptiveness refusals or from disclaimer requirements based on mere descriptiveness. The Board affirmed 56 of the refusals and reversed four. That's an affirmance rate of about 93%. One of the affirmances was deemed precedential: for the mark DXPORTAL for the service of "providing an Internet website portal in the healthcare field to provide a patient and caregivers with the patient's drug prescripti
JD Supra Law
JANUARY 18, 2024
Yesterday, the Supreme Court heard oral arguments in two related cases that may have a significant impact on litigation against federal agencies – Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The Court’s ruling could decide the fate of Chevron deference, a cornerstone of American administrative law. A series of cases in recent years have signaled that the Court is likely ready to move away from Chevron deference.
U.S. Department of Commerce
JANUARY 18, 2024
PDC Launch January 18, 2024 ndo2@doc.gov Thu, 01/18/2024 - 13:36 Joining the Department of Commerce’s Office of the General Counsel affords lawyers and non-lawyers alike with a view into every corner of the Department’s operations. OGC offers its team the opportunity to become experts in specific areas of trade and commerce law but also affords staff the chance to develop skills outside of their areas of expertise.
JD Supra Law
JANUARY 18, 2024
Amendments to the Charter of French Language (Charter) scheduled to come into force on June 1, 2025 will have major implications on trademark owners doing business in Quebec, Canada. This doesn’t just impact Canadian companies, but also the many U.S. companies doing business in Canada. And, since most companies make labels and packaging well in advance of when those items circulate in public, they must start preparing to comply with the new rules now, long before the amendments take effect.
43(B)log
JANUARY 18, 2024
Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum June 3-4, 2024, Stanford Law School Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2024 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Stanford Law School on June 3-4, 2024. Twelve to twenty junior scholars (with one to seven years in teaching) will be chosen, through a double-blind selection process, to present their work at the Forum.
JD Supra Law
JANUARY 18, 2024
Last week, the NCAA announced its most significant Name, Image, and Likeness (NIL) enforcement action to date, imposing various penalties against Florida State University and an assistant football coach for impermissible recruiting activities involving a booster and NIL collective.
Cogency Global
JANUARY 18, 2024
What this is: An overview of the newly introduced Economic Crime and Corporate Transparency Act, 2023 (ECCTA), which enhances the regulatory framework against economic crimes and bolsters corporate transparency in the United Kingdom. What this means: ECCTA empowers Companies House with greater oversight of company information, enforces stricter identification measures for directors and significant persons and heightens accountability for larger organizations.
JD Supra Law
JANUARY 18, 2024
2023 was a notable year for technology (although not as perhaps anticipated at its beginning) and for IT lawyers as the technology spending for IT services and software in corporate America remained buoyant despite the downdraft of the Fed’s sharp interest rate increases against stubborn inflation injecting caution into markets and budgets, with many businesses shifting focus from greenfield investments in next-gen technologies to cost savings and revenue growth through operational efficiency.
IP Law 360
JANUARY 18, 2024
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.
JD Supra Law
JANUARY 18, 2024
In December, the United Kingdom (the “U.K.”) became the fourth jurisdiction to reach a final determination that a generative AI platform could not be named as an inventor on a patent. Like courts in the United States, Australia and Taiwan before it, the U.K. Supreme Court relied on statutory language to hold that “an inventor within the meaning of the 1977 [U.K.
IP Law 360
JANUARY 18, 2024
Samsung has reached a settlement in principle in a patent suit by MyPort Inc., which had accused the mobile electronics giant of selling Galaxy devices that copied MyPort software technology covering personal voice assistants, multimedia capture and location tagging, according to a notice submitted Thursday in Texas federal court.
JD Supra Law
JANUARY 18, 2024
?While total petition filings continued to decline in FY 2023, overall it was a dynamic year at the Patent Trial and Appeal Board. We saw proposals from both Capitol Hill and the United States Patent and Trademark Office that could have lasting effects on what practice before the PTAB looks like. The reforms proposed in the USPTO's Advance Notice of Proposed Rulemaking were a major focus this year, prompting ongoing discussion about their potential impacts in the post-grant space.
43(B)log
JANUARY 18, 2024
Clark v. Eddie Bauer LLC, 2024 WL 177755, No. 21-35334 (9 th Cir. Jan. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming. Clark appealed the dismissal of her putative class action complaint based on a “fake discount” theory, alleging that Eddie Bauer never sold the relevant items at the “normal” prices.
JD Supra Law
JANUARY 18, 2024
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decisions finding one set of challenged claims patentable and another set of challenged claims in the same patent unpatentable. The Court determined that the Board properly construed a disputed claim term and made factual findings regarding prior art that were supported by substantial evidence.
Patently-O
JANUARY 18, 2024
I believe that today was the first time that I’ve seen the Federal Circuit issue a no-opinion affirmance in a case that included three amicus briefs along with briefs from three parties. The case, New Vision Gaming v. LNW Gaming, 20-1400 (Fed. Cir. 2024). New Vision sued Bally Gaming and others in Nevada District Court, alleging infringement of two patents.
JD Supra Law
JANUARY 18, 2024
From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd (Hungry Jack’s) for its limited-edition Big Jack burger. Hungry Jack’s (better known as Burger King in some countries) and McD Asia Pacific LLC (McDonald’s) are both global fast food chains known for their burger and fry combination.
U.S. Department of Commerce
JANUARY 18, 2024
Professional Development Committee - 2024 Launch January 29, 2024 ndo2@doc.gov Thu, 01/18/2024 - 13:36 Joining the Department of Commerce’s Office of the General Counsel affords lawyers and non-lawyers alike with a view into every corner of the Department’s operations. OGC offers its team the opportunity to become experts in specific areas of trade and commerce law but also affords staff the chance to develop skills outside of their areas of expertise.
JD Supra Law
JANUARY 18, 2024
In the cutthroat arena of business, where ideas spark revolutions, the protection of intellectual property (IP) is not just a legal formality—it’s a survival strategy. Imagine a world where your groundbreaking ideas, painstakingly nurtured, are snatched and claimed by others. This isn’t just a hypothetical scenario; it’s a real threat that underscores the power of IP protection.
IIPRD
JANUARY 18, 2024
Introduction If we take a broader look at the Intellectual Property Laws, the primary objective of the legislation in framing these laws is to provide exclusive rights to the IP right holder as against the entire world. For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee. In other words, it provides a chance of monopoly to the Patentee as far as the use of their patented product is concerned.
IP Law 360
JANUARY 18, 2024
The full Ninth Circuit said Thursday that it will look at a panel's decision that ruled California's anti-SLAPP statute shields a Washington tech company from proposed class claims alleging it illegally profits off of Golden State residents' intellectual property and publicity rights.
IP Watchdog
JANUARY 18, 2024
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in CyWee Group Ltd. v. ZTE (USA), Inc. affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of CyWee’s 3D pointing device patent claims. In affirming the final written decision, the appellate court found that ZTE’s lack of adversarial nature in inter partes review (IPR) proceedings allowed LG Electronics, a joined party that was otherwise time-barred, to properly oppose CyWee’s motion to a
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