Plagiarism Today
DECEMBER 7, 2023
AAP calls out tech companies' AI arguments, New Zealand town accused of copyright grab and the Grinch is stealing something else. The post 3 Count: Merry Grinchmas appeared first on Plagiarism Today.
Intellectual Property Law Blog
DECEMBER 7, 2023
In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC , which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker.
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Plagiarism Today
DECEMBER 7, 2023
Now that the fallout from hbomberguy's YouTube plagiarism video is settling, what can the victims do against their plagiarists? The post What Can YouTube Plagiarism Victims Do? appeared first on Plagiarism Today.
Patently-O
DECEMBER 7, 2023
by Dennis Crouch H. Lundbeck A/S v. Lupin Ltd. , Nos. 2022-1194, 2022-1208, 2022-1246 (Fed. Cir. Dec. 7, 2023) (Opinion by Judge Dyk, joined by Judges Prost and Hughes). The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H.
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?
TorrentFreak
DECEMBER 7, 2023
Similar to other user-generated content platforms, X allows people to freely share content online. This includes text but images, videos, and music are regularly posted as well. In some cases, content is uploaded without first obtaining permission from rightsholders. Over the years, various parties have called out Twitter/X over alleged copyright infringement.
The IP Law Blog
DECEMBER 7, 2023
On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Likelihood of Confusion
DECEMBER 7, 2023
From Variety and really, all over your Internets: The VidAngel filtering service will remain shut down, following a ruling Thursday from a three-judge panel upholding an injunction against the service. VidAngel was forced. The post Video self-censoring services: VidAngel deleted appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
DECEMBER 7, 2023
The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November 2023.
Kluwer Copyright Blog
DECEMBER 7, 2023
Image by Kalpesh Ajugia from Pixabay00 THJ Systems Limited & Anor v Daniel Sheridan & Anor [2023] EWCA Civ 1354 concerned many issues but the one of most interesting was the correct legal test to consider whether a copyright work is original. One would think this has been well rehearsed in numerous cases already, but the Court of Appeal decision demonstrates the English courts are still applying pre-Brexit CJEU law given at this point that law remains effective.
JD Supra Law
DECEMBER 7, 2023
In the ten years since the Supreme Court ruled in Federal Trade Commission v. Actavis that reverse payment settlements—or settlements where a patent holder pays an accused patent infringer cash or other consideration to end the patent litigation—may be subject to antitrust scrutiny if they are "large and unjustified," lower courts have been in search of an administrable pleading standard for these claims.
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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 Watchdog
DECEMBER 7, 2023
The National Institute of Standards & Technology (NIST) and the Department of Commerce today published a draft version of a Federal Register Notice seeking comments on a proposed framework for deciding whether and when to exercise march-in rights under the Bayh-Dole Act that would significantly broaden the criteria for compulsory licensing of patented technology developed with federal funding.
JD Supra Law
DECEMBER 7, 2023
Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only humans can invent new and useful devices that receive patent protection.
The IPKat
DECEMBER 7, 2023
This is a review of Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We'll Win Them Back , by Rebecca Giblin and Cory Doctorow. What is chokepoint capitalism? Giblin and Doctorow explain: “Anticompetitive flywheels vary by industry, each chokepoint capitalist seeks to do the same thing: lock in users, lock in suppliers, make markets hostile to new entrants, and, ultimately, use the lack of choice to force workers and suppliers to accept unsustainably lo
JD Supra Law
DECEMBER 7, 2023
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
Copyright Alliance
DECEMBER 7, 2023
On December 1, 2023, the world lost legal trailblazer and former Supreme Court Justice Sandra Day O’Connor, who was the first female Justice to serve on the nation’s highest court. […] The post Sandra Day O’Connor’s Copyright Legacy appeared first on Copyright Alliance.
JD Supra Law
DECEMBER 7, 2023
The U.S. Court of Federal Claims (COFC) recently unsealed its decision on damages for copyright infringement by the U.S. Department of Defense (DOD) in 4DD Holdings, Inc. v. United States (Case No. 15-945C). The Court awarded 4DD nearly $12 million for DOD’s creation of tens of thousands of infringing copies of 4DD’s commercial computer software, including actual damages in the nature of license and convenience fees for additional copies of the software plus additional compensation for the.
The TTABlog
DECEMBER 7, 2023
The CAFC affirmed the TTAB's decision [ TTABlogged here ] granting a motion for judgment on the pleadings (FRCP 12(c)) on the ground that Applicant Grands Domaines' word-and-design mark shown below, for "wines made from grapes from Côtes de Provence in accordance with adapted standards," is not confusingly similar to Opposer Jackson Family Farms' common law mark VERITÉ for wine and its registered mark VERITÉ for "alcoholic beverages except beers.
JD Supra Law
DECEMBER 7, 2023
Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application? The answer depends on whether the applicant qualifies for small entity status and, in particular, micro-entity status every time a fee is paid.
IP Law 360
DECEMBER 7, 2023
Comics giant Marvel has settled its copyright dispute with the estate of the legendary Marvel artist Steve Ditko, who died in 2018, resolving the last remaining action in its dispute with a group of writers and artists and their estates over the copyrights on several popular Marvel characters and stories, according to a notice filed Wednesday.
JD Supra Law
DECEMBER 7, 2023
The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 Fed. Reg. 78644 (Nov. 16, 2023).).
SpicyIP
DECEMBER 7, 2023
We’re pleased to inform you that Third World Network (TWN) is organizing a one-hour discussion (with Q&A) on improving the drug regulatory system to create better access to biologics and vaccines on December 08. For further details, please see the announcement below: Webinar: Improving Drug Regulation for Greater Access to Biologics and Vaccines Third World Network invites you to a one-hour discussion (with Q&A) on how we can improve the drug regulatory system to create better access to
JD Supra Law
DECEMBER 7, 2023
Imagine excitedly filing a patent application, waiting years for the case to be examined, and then finding your application rejected on grounds that it is obvious or anticipated by your own previously published work. This is a common situation, but it may be avoided with careful planning.
Corsearch
DECEMBER 7, 2023
As a space inundated with trademark complexities, regulatory issues, a saturated marketplace, intense counterfeiting issues, and much more, the pharmaceutical industry represents perhaps the most complex area of trademark law. It is a marketplace long in need of innovative and technological solutions to various interlinked issues that arise with increasing frequency.
JD Supra Law
DECEMBER 7, 2023
The jury, in a case in the U.S. District Court for the Western District of Michigan, found that Opti-Luxx, Inc. (“Opti-Luxx”) willfully infringed two of Smartrend’s patents by importing and selling Opti-Luxx’s Direct Mount, LED Destination School Bus Signs in the United States. By: Brooks Kushman P.C.
43(B)log
DECEMBER 7, 2023
Chris Sprigman and I just submitted this brief. The focus of the argument is the associational interests of Discord's users, who want and need assistance from centralized content moderation in order to support their communities.
JD Supra Law
DECEMBER 7, 2023
This client alert provides an update on case law following the Supreme Court’s decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC.
IP Watchdog
DECEMBER 7, 2023
On December 6, the U.S. Patent and Trademark Office (USPTO) announced the new membership of its public advisory boards providing oversight of the patent and trademark operations of the agency. The announcement comes about a week after the USPTO’s Patent Public Advisory Committee (PPAC) publicly released its most recent annual report summarizing the agency’s patent operations with recommendations to end user fee diversion and publicize data from America Invents Act (AIA) trials at the Patent Tria
JD Supra Law
DECEMBER 7, 2023
Kilpatrick’s Chris Bussert, a senior counsel with more than 30 years of experience in helping clients protect and defend their most important assets and brands, recently wrote the article “The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020: Have All Issues Been Resolved?” for The Franchise Law Journal.
43(B)log
DECEMBER 7, 2023
Urban Dollz LLC v. Lashify, Inc., 2023 WL 8292459, No. CV 23-1427-GW-AFMx (C.D. Cal. Oct. 17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument.
JD Supra Law
DECEMBER 7, 2023
The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings. This new rule does not impact those already registered to practice any patent matters before the USPTO.
Patently-O
DECEMBER 7, 2023
by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress. Trendily Furniture, LLC v. Jason Scott Collection, Inc. , 21-16978 (Supreme Court 2023).
JD Supra Law
DECEMBER 7, 2023
In a decision on motion in an appeal from the Trademark Trial & Appeal Board, the US Court of Appeals for the Federal Circuit admonished the Board on remand to “furnish a reasoned explanation” when departing from its “established practice” on the issue of waiver. Universal Life Church Monastery v. American Marriage Ministries, Case No. 22-1744 (Fed.
LexBlog IP
DECEMBER 7, 2023
Between 2011 and 2018, a series of disputes took place about the copyright status of selfies taken by Celebes crested macaques using equipment belonging to the British nature photographer David Slater … these are known as the Monkey Selfie Copyright Disputes. In 2021, an AI machine generated the first published legal review article. Might monkeys & machines one day successfully make IP claims?
IP Law 360
DECEMBER 7, 2023
Law professors and practicing attorneys speaking at the Berkeley-Stanford Advanced Patent Law Institute on Thursday agreed artificial intelligence is becoming an increasingly important tool in the industry and quickly replacing work typically done by early-career attorneys, while cautioning that law firms must disclose their use of the technology to clients and courts.
LexBlog IP
DECEMBER 7, 2023
In an article published on December 7, 2023, Harness IP Principal Chris K. Miller provides guidance to legal departments that are responsible for maintaining a global patent portfolio. Summarized in five tips for in-house counsel, Miller looks at ways to maximize patent filings to save time and money. It begins with “universal” patent application disclosures. “Patents are tied to specific national jurisdictions and their rules, so prepare a ‘universal’ application t
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