Hugh Stephens Blog
NOVEMBER 9, 2021
This seems to be the prevailing view these days amongst the large digital social media and search platforms when the results of algorithmic selections they have programmed turn out to yield undesirable results.
Erik K Pelton
NOVEMBER 9, 2021
There is a lot of confusion about the benefits of using a copyright notice, and when and how to properly use the copyright symbol and notice. In this episode, Erik clarifies the how, when, and why to use copyright notice. For more on the visual, see [link]. The post How to Use Proper Copyright Notice appeared first on Erik M Pelton & Associates, PLLC.
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The IPKat
NOVEMBER 9, 2021
While some countries have already adopted the DSM Directive into their own laws (last week it was the turn of Spain and Italy: see here and here ), many are still working full force on implementing it, despite that the deadline has already passed. As to Sweden, a government inquiry was initiated last year and completed earlier this autumn. Only last month did the relevant Committee complete the inquiry; a memorandum has now been sent for consultation to relevant governmental agencies, organizati
IP Watchdog
NOVEMBER 9, 2021
Blockchain’s history begins in 1991, when Stuart Haber and W. Scott Stornetta published a paper describing a cryptographically secured chain of blocks. It took another 18 years before a developer who called himself Satoshi Nakamoto released a white paper that established the model for a blockchain and then, a year later, implemented the first blockchain as a public ledger for transactions using bitcoin.
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?
The IPKat
NOVEMBER 9, 2021
A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Katfriend Emily Nuttall-Wood (Deloitte Legal) has sent this report: Conference report: ‘The Fashion Marketplace: Law and Policy’ by Emily Nuttall-Wood Having found the insights shared at Fashion Law London’s last event on sustainability in fashion immensely useful (see previous post here ), there was some determination on my part to attend the latest event on 22 October,
TorrentFreak
NOVEMBER 9, 2021
The entertainment industry’s battle against pirate sites is frequently described as a cat-and-mouse game. The site operators are often anonymous or located in exotic countries, completely ignoring any and all legal threats. Take The Pirate Bay, for example. While the site’s founders were convicted over a decade ago , the site continues to thrive.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
NOVEMBER 9, 2021
Last week we reported that a San Francisco law firm acting for Japanese publisher Shueisha had filed an ex parte application at a California district court. The application, which sought discovery of information for use in a foreign proceeding ( 28 U.S. Code § 1782 ), targeted a number of websites believed to act as file-hosting repositories for pirated manga works.
Copyright Alliance
NOVEMBER 9, 2021
With hundreds of millions of blog posts uploaded to the internet every year, it’s inevitable that some will violate copyright laws. But bloggers can greatly reduce instances of infringement through […]. The post How to Legally Use Images, Videos, and Other Content in Blog Posts appeared first on Copyright Alliance.
IP Watchdog
NOVEMBER 9, 2021
A judge has affirmed the ability of the UK courts to settle FRAND terms of a patent license covering foreign patents, despite the defendants challenging the court’s jurisdiction. But in his judgment, published on November 4 20201, His Honour Judge Hacon noted that the current framework for settling a global license between owners of standard essential patents (SEPs) and implementers “is plainly not satisfactory.
JD Supra Law
NOVEMBER 9, 2021
What do fast food, art, and sports have in common? In recent years, companies in each of these industries have embraced a technology known as non-fungible tokens, or NFTs.
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 Watchdog
NOVEMBER 9, 2021
tandard Setting Organizations (SSOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come. Those disclosing patented technologies to an SSO during the development of a standard commit to offering a license at a FRAND (which stands for Fair, Reasonable and Non-Discriminatory) rate to the extent the patent is essential, as expl
IPilogue
NOVEMBER 9, 2021
Photo by CHUTTERSNAP ( Unsplash ). Emily Chow is an?IPilogue?Writer and a 1L JD Candidate at Osgoode Hall Law School.? . . I wouldn’t consider myself to have a “green thumb” or have been born with plant parent instincts. Rather, it’s taken various (unsuccessful) experiments with succulents, cacti, annual and perennial flowers, and lush tropical plants to learn how to not lovingly flood them with water, despite my best intentions.
SpicyIP
NOVEMBER 9, 2021
We’re pleased to inform you that Department for the Promotion of Industry and Internal Trade (DPIIT) IPR Chair, GNLU and Microsoft Chair on IPR Law and Policy Research are jointly organizing a Panel Discussion on ‘3D Printing and Intellectual Property: Prospects and Challenges ‘ on 13th November, 2021. Panel Discussion on 3D Printing and Intellectual Property: Prospects and Challenges.
JD Supra Law
NOVEMBER 9, 2021
No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that the “final assembler” theory of direct infringement does not apply to defendants who neither manufacture nor install components to complete a claimed….
IP Law 360
NOVEMBER 9, 2021
The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board's rejection of a patent application from Google on targeted advertising technology that automatically detects users who are interested in trends based on images shared on social media.
JD Supra Law
NOVEMBER 9, 2021
Last week saw recently confirmed Judge Cunningham sitting for her first oral arguments (alongside her former boss, Judge Dyk). But we’ll have to wait a bit longer for her first authored opinion. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.
IP Law 360
NOVEMBER 9, 2021
In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.
JD Supra Law
NOVEMBER 9, 2021
CELGENE CORP. v. MYLAN PHARM. et al. Before Prost, Chen, and Hughes. Appeal from the District of New Jersey. Summary: In Hatch-Waxman litigation: (1) infringement occurs where the ANDA is submitted and not where the patentee received notice of the ANDA submission; (2) the presence of an affiliated entity or employees in the district is….
IP Law 360
NOVEMBER 9, 2021
Former Chief Copyright Royalty Judge Suzanne Barnett has temporarily reassumed her position leading the Copyright Royalty Board while the agency looks for a new chief judge, the Library of Congress said Monday.
Velocity of Content
NOVEMBER 9, 2021
Tomorrow at noon CET, CCC’s Executive Director, International Relations Michael Healy will moderate, “UN Sustainable Development Goals: The Way Ahead for Publishing and the Content Industries,” the second of three 60 minutes symposia programmed under the overall theme Copyright & Collective Licensing: New Demands in the New Decade as part of the IFRRO International Conference.
IAM Magazine
NOVEMBER 9, 2021
A decision handed down last Friday against Celgene elaborates on the rules set out in the landmark Valeant case and makes life tough for pharma patent owners.
The IPKat
NOVEMBER 9, 2021
With apologies to Hamlet--when is a mark a pattern mark? Kat friend Jan Jacobi reports on recent cases on this challenging issue involving efforts by Birkenstock to register such a mark. To be a pattern mark: EUIPO v. Birkenstock Birkenstock is the proprietor of a national German mark (see below). Birkenstock tried to extend this mark (via an IR) as a EUTM for several classes of goods, including in Class 25 (shoes and clothing).
IP Close Up
NOVEMBER 9, 2021
In the highly competitive world of gaming, more augmented reality patents have published but not yet issued than in other key areas. Streamed gaming and Continue reading.
Patently-O
NOVEMBER 9, 2021
In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). One of the least cited is the 1976 case of Dann v. Johnston , 425 U.S. 219, 225 (1976). The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” Id. But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” Johnston was
The TTABlog
NOVEMBER 9, 2021
The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. No hints this time. Let's see how you do with them. Answer will be found in the first comment. In re Esther Yang , Serial Nos. 88708065 and 88708080 (November 1, 2021) [not precedential] (Opinion by Judge Jyll Taylor). [Mere descriptiveness refusals of HOT KARATE and HOT SELF DEFENSE for physical fitness instruction and training services.
IP Law 360
NOVEMBER 9, 2021
Walt Disney Parks and Resorts US infringed a consulting company's patent for an amusement park ride to develop its popular Star Wars: Rise of the Resistance ride in Disney World and Disneyland, according to a lawsuit filed in Florida federal court on Tuesday.
Managing IP
NOVEMBER 9, 2021
Counsel say they're immensely pleased the former Delaware chief judge has been picked, partly because he’ll bring trial court experience to the appeals venue
IP Law 360
NOVEMBER 9, 2021
Apple's challenge to a Samsung unit's digital camera patent that it's been accused of infringing has missed the mark with the Patent Trial and Appeal Board, which upheld all 38 claims at issue across two inter partes reviews.
Fish & Richardson Trademark & Copyright Thoughts
NOVEMBER 9, 2021
Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. What can you do? One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. A TTAB opposition is a specialized proceeding where the TTAB determines whether your opponent’s trademark application violates your trademark rights.
IP Law 360
NOVEMBER 9, 2021
Showing a mix of documentary evidence — including some alleged forgeries — attorneys for deceased computer programmer Dave Kleiman laid out Tuesday how they contend self-professed bitcoin inventor Craig Wright fraudulently maneuvered to usurp billions of dollars' worth of the cryptocurrency from the estate.
43(B)log
NOVEMBER 9, 2021
Ranalli v. Etsy.com, 2021 WL 5166568, No. 21-88 (W.D. Pa. Nov. 5, 2021) Ranalli brought this putative class action for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) and the Pennsylvania Fair Credit Extension Uniformity Act (PFCEU), and unjust enrichment, fraud, and misappropriation/conversion based on Etsy’s collection of amounts equal to and purporting to be Pennsylvania sales tax on the sale of protective face masks, when they were not subject to Pe
IP Law 360
NOVEMBER 9, 2021
The creator of the iconic "Big Piano" made famous by the 1988 movie "Big," starring Tom Hanks, said in a lawsuit filed Tuesday in Pennsylvania federal court that the current owner of New York City's FAO Schwarz toy store has been selling an unauthorized knockoff version of the piano mat.
JD Supra Law
NOVEMBER 9, 2021
In the case, Atari had alleged that Redbubble failed to adequately police its marketplace to remove artist uploads that counterfeited or infringed upon Atari’s trademarks in its logo and other iconic images. As part of its defense, Redbubble presented evidence that Atari had only complained to Redbubble once (in 2011) before bringing suit in 2018, and that when the lawsuit was filed, Redbubble took quick action to remove potentially infringing designs from its site.
IP Law 360
NOVEMBER 9, 2021
A Delaware federal judge has ruled that Dish Network and SiriusXM can collect attorney fees after beating video playback patent litigation, agreeing with a magistrate judge's finding that the cases were "exceptional.
JD Supra Law
NOVEMBER 9, 2021
As NCAA institutions, athletes, and other stakeholders continue to adjust to the new normal of name, image, and likeness deals for college athletes, a new trend is emerging: donor and alumni led third party organizations focused on helping athletes grow their brands and connect with potential NIL partners.
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