Erik K Pelton
AUGUST 19, 2021
A “brand” is the sum total of a number of things that go to the heart of a business’ relationship with its customers and within the marketplace of competitors: For more about Building a Bold Brand , see my book ! The post What is a brand made of? appeared first on Erik M Pelton & Associates, PLLC.
Plagiarism Today
AUGUST 19, 2021
Over the past 18 months, there has been a major rash of school superintendents being caught committing plagiarism. It started in February 2020 when the now-former Katy Independent School District Lance Hindt was accused of having plagiarized his dissertation. After that, in January 2021, now-former Rochester Public School District superintendent Michael Muñoz faced multiple allegations of plagiarism related to his job.
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TorrentFreak
AUGUST 19, 2021
Last June, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive for copyright infringement , describing its ‘Open Library’ as operating like a pirate site. The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards.
Plagiarism Today
AUGUST 19, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Disney’s Profits From ‘Deadpool,’ ‘Guardians of the Galaxy’ at Risk in Upcoming Trial. First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that a judge has denied a summary judgment motion made by Disney, setting the stage for a potential trial over whether the company violated copyright with the special effects in several of its movies.
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
AUGUST 19, 2021
With dozens of millions of subscribers, Charter is one of the largest Internet providers in the United States. Most people use their Internet connections for legitimate activities. However, similar to other ISPs, there are pirating subscribers as well. These pirates are causing quite a bit of trouble for Charter. The company is involved in two lawsuits where prominent music outfits accuse it of failing to disconnect repeat copyright infringers.
IP Watchdog
AUGUST 19, 2021
On August 11, the U.S. Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark Office (USPTO) trademark registration process. Since 2015, the USPTO has seen a rapid uptick in potentially fraudulent trademark applications, and a previous audit in 2012 found that more than 50% of audited trademark maintenance filings contained goods/services not in use in commerce.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
AUGUST 19, 2021
Classmates offers paywalled access to yearbook info. Classmates allows free searches, and the “search results provide a free preview of the services and products with a photo and name of an individual to entice the user to purchase Classmates’ services and products.” One of the individuals, Knapke, initiated a class action against Classmates for the ads.
IPilogue
AUGUST 19, 2021
Photo by Ryunosuke Kikuno (Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . From the thrilling gold-medal finish of the women’s soccer team to Andre De Grasse becoming the first sprinter to bring home gold since 1996, there was no shortage of exciting moments for Canadians at Tokyo 2020. Penny Oleksiak made history as the country’s most decorated Olympian of all time.
Velocity of Content
AUGUST 19, 2021
The Upcoming Impact – Perhaps – of the CASE Act. In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.
IPilogue
AUGUST 19, 2021
We are pleased to announce the call for IPilogue Writers for the 2021/22 academic year! If you are passionate about writing and interested in building your presence or being published in IP law, this is a great opportunity for you. IPilogue Writers (10 to 15 positions available). IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.
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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
AUGUST 19, 2021
Weekly patent filings have settled into a roughly 60-complaint, 30-petition trend this year, and this week was no different; the district courts saw a handful of new LLCs sharing the same Delaware address, a slew of additions to existing campaigns, and another Acacia campaign launched - Atlas Global Technologies LLC. The Hilco entities, Rothschild entities, and DynaIP have all added a number of new defendants.
JD Supra Law
AUGUST 19, 2021
The Federal Circuit issued three decisions on Monday relating to Eli Lilly & Co's. challenge in separate inter partes review proceedings on obviousness grounds of nine patents licensed by Teva Pharmaceuticals Int'l, with disparate results. The patents were related to humanized monoclonal antibodies immunologically specific for calcitonin gene-related peptide (CGRP), for treatment of "all forms of vascular headache, including migraines"; each party marketed a product for this purpose (Teva's.
The IP Law Blog
AUGUST 19, 2021
How many of the lawyers out there liked hypotheticals in law school? I did not, but this case prompted me to write one! So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns four patents. A new company is formed, Company B, a Texas LLC. Company B has the same corporate address in North Carolina and the same five shareholders as Company A.
IP Law 360
AUGUST 19, 2021
A North Carolina federal judge shot down a constitutional challenge Thursday to a state law that criminalizes patent licensing demand letters sent in bad faith, rejecting a licensing company's arguments that the law violates the rights to free speech and equal protection.
JD Supra Law
AUGUST 19, 2021
Addressing the nuanced nature of trade secret protection of patented products, the US Court of Appeals for the Seventh Circuit affirmed a district court’s trade secret protection determination, finding that the asserted trade secrets were not publicly disclosed and had been adequately protected. Life Spine, Inc. v. Aegis Spine, Inc., Case No. 21-1649 (7th Cir.
The IPKat
AUGUST 19, 2021
Earlier this year, The IPKat reported on the judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) in VG Bild-Kunst , C-392/19 , an important case concerning contractual restrictions to linking under EU copyright law (on that occasion, I also updated my linking table: see here ). The CJEU explicitly ruled – for the first time – that linking to a copyright work lawfully published on a third-party website may be restricted through contract and not solely through techni
IP Watchdog
AUGUST 19, 2021
On August 18, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Hyatt v. Hirshfeld (Hyatt II), the latest in a line of court rulings regarding a series of much maligned patent applications filed by prolific inventor Gil Hyatt with the U.S. Patent and Trademark Office (USPTO) in the 1990s. While the Federal Circuit’s most recent decision, which denied the USPTO’s request to shift expert witness fees even while the appellate court vacated attorney’s fees awarded t
The IPKat
AUGUST 19, 2021
In a recent decision , the General Court considered that ‘PANTA RHEI’ was confusingly similar to the earlier EU trade mark ‘PANTA RHEI’. In particular, the General Court found that, on account of the identity of the two signs and despite the low degree of similarity between the goods, the Applicant’s mark was still capable of giving rise to a likelihood of confusion on part of the relevant public.
IP Law 360
AUGUST 19, 2021
Fabric company Desire LLC wants the U.S. Supreme Court to take its challenge to a Ninth Circuit finding that it shouldn't have been allowed to win multiple statutory infringement verdicts against a group of businesses accused of selling knockoffs to Burlington Coat Factory and other retailers.
JD Supra Law
AUGUST 19, 2021
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
IP Law 360
AUGUST 19, 2021
A recent Fifth Circuit ruling in Rollins v. Home Depot, denying a motion to amend summary judgment after the plaintiff’s lawyer missed a case notification email, aligns with precedent holding that simple errors can sabotage a case and even implicate ethics rules — but certain best practices can help avoid dire mistakes, say Amy Richardson and Charles Loeser at Harris Wiltshire.
The IPKat
AUGUST 19, 2021
Patents SpicyIP discussed the Indian’s Parliament Standing Committee’s recommendations concerning AI and patent protection. These recommendations are part of a Report of the Standing Committee, which recommended revising Indian’s IPR legislation to ‘extract benefits from AI’. The Report accordingly recommends amending Indian patent law, to make AI-generated works and AI solutions patentable.
43(B)log
AUGUST 19, 2021
Wilco Trading LLC v. Shabat, 2021 WL 1146634, No. 8:20-cv-579-TPB-JSS (M.D. Fla. Mar. 8, 2021) (R&R) Wilco is an online reseller, primarily on Amazon. It allegedly sold authentic beauty products made or branded by defendant EL Sales, which nonetheless filed complaints on Amazon claiming that Wilco was selling counterfeit products, and also posted a warning on the webpage for the product warning against purchasing “counterfeits” and telling consumers only to buy from the authorized account.
JD Supra Law
AUGUST 19, 2021
The US Court of Appeals for the Federal Circuit vacated a final written decision of the Patent Trial & Appeal Board (Board) based on its finding that the Board erred in its ultimate claim construction by relying on extrinsic evidence that was inconsistent with the intrinsic evidence. Seabed Geosolutions (US) Inc. v. Magseis FF LLC, Case No. 20-1237 (Fed.
Fish & Richardson Trademark & Copyright Thoughts
AUGUST 19, 2021
Best Lawyers recently announced that 92 Fish & Richardson lawyers were selected for inclusion in The Best Lawyers in America © 2022. The guide includes 61 Fish attorneys in its list of “Best Lawyers in America,” and a further 31 attorneys in its list of “Ones to Watch,” which honors up-and-coming attorneys in their first 10 years of practice. In addition, six Fish attorneys were named “Lawyer of the Year,” further recognizing their talent and reputation for excellence.
LexBlog IP
AUGUST 19, 2021
In Hyatt v. Hirshfeld , [2020-2321, 2020-2323, 2020-2324, 2020-2325] (August 18, 2021), the Federal Circuit affirmed the district court’s denial of an award of the USPTO’s expert witness fees in defending a civil action under 35 USC § 145 brought by patent applicant Hyatt. In a prior appeal the Federal Circuit held that 35 USC § 145 does not entitle the USPTO to recover its attorneys fees.
Likelihood of Confusion
AUGUST 19, 2021
Defamation and reputation management are issues of intense interest at LIKELIHOOD OF CONFUSION®. Obviously cultural context means a lot when considering these two related topics. Here Daniel Solove reviews Professor. The post “The Victorian compromise” appeared first on LIKELIHOOD OF CONFUSION™.
LexBlog IP
AUGUST 19, 2021
In Campbell Soup Company v. Gamon Plus, Inc. , [2020-2344, 2021-1019] (August 19, 2021), the Federal Circuit reversed the PTAB determination that U.S. Design Patent Nos. D612,646 and D621,645 would not have been obvious. The ’646 and ’645 patents, which each claim “[t]he ornamental design for a gravity feed dispenser display, as shown and described.
Likelihood of Confusion
AUGUST 19, 2021
The IMPACT® blog reports a settlement in the Second Life dispute. Originally posted 2010-03-28 10:00:14. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
AUGUST 19, 2021
In the latest development relating to patent eligibility of content-based identifier patents, the US Court of Appeals for the Federal Circuit affirmed decisions finding patent claims ineligible under 35 U.S.C. § 101. PersonalWeb Techs. LLC v. Google LLC, YouTube, LLC, Case No. 20-1543 (Fed. Cir. Aug. 12, 2021) (Prost, J.) (consolidating PersonalWeb Techs.
LexBlog IP
AUGUST 19, 2021
By: Benjamin Suslavich. In a split 5-4 decision in Arthrex Inc. v. Smith & Nephew, Inc , the Supreme Court determined that the structure of Administrative Patent Judge (“APJs”) appointments—or lack thereof—was unconstitutional and took it upon itself to restructure the Patent Office’s chain of command. This case is another example of the Court striving to preserve the inter partes review (IPR) system, which allows anyone to file a petition requesting that the Pa
JD Supra Law
AUGUST 19, 2021
Starting in July of this year, China initiated a patent registration platform that bears some similarity to the generic drug framework under the Hatch-Waxman Act in the U.S. The purpose of this alert is to describe this new Patent Linkage System in China and to compare it to the corresponding generic drug framework in the U.S.
LexBlog IP
AUGUST 19, 2021
How many of the lawyers out there liked hypotheticals in law school? I did not, but this case prompted me to write one! So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns four patents. A new company is formed, Company B, a Texas LLC. Company B has the same corporate address in North Carolina and the same five shareholders as Company A.
JD Supra Law
AUGUST 19, 2021
A trade secret is any information used in one’s business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the United States, the enactment of the Defend Trade Secrets Act (“DTSA”) in 2016 has made trade secrets an increasingly attractive form of intellectual property for businesses hoping to protect their innovations.
LexBlog IP
AUGUST 19, 2021
Michael Cassidy has been included by his peers in the Health Care Law category in The Best Lawyers in America 2022. Best Lawyers is the oldest and most respected peer review publication in the legal profession. Best Lawyers is widely regarded within the legal profession as a signal honor, confirmed upon lawyers by their peers.
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