Plagiarism Today
JULY 25, 2023
The state of North Carolina has repealed Blackbeard's law, which claimed copyright in certain works. However, the deeper issues remain. The post Scuttling Blackbeard’s Law appeared first on Plagiarism Today.
Erik K Pelton
JULY 25, 2023
In the kingdom of trademark protection, Taylor Swift is the reigning queen. Erik discusses Ms. Swift’s prolific portfolio of registered trademarks and savvy branding in this video. The post Taylor Swift’s Trademark Reputation appeared first on Erik M Pelton & Associates, PLLC. In the kingdom of trademark protection, Taylor Swift is the reigning queen.
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Plagiarism Today
JULY 25, 2023
BET wins in case over House Party, H&M sues SHEIN in Hong Kong and news publishers are joining forces against AI. The post 3 Count: House Partied appeared first on Plagiarism Today.
Intellectual Property Law Blog
JULY 25, 2023
This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi. During the meeting, Ragner showed documents detailing the manufacturing process of a collapsible hose and demonstrated a prototype of the hose.
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?
Erik K Pelton
JULY 25, 2023
The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO). Erik explains what the TTAB is, the types of cases it handles, and how it functions in this podcast. The post What Is the TTAB? appeared first on Erik M Pelton & Associates, PLLC. The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO).
Intellectual Property Law Blog
JULY 25, 2023
After considering comments from various stakeholders for nearly a year, on July 24, 2023, the USPTO issued the revised interim Director Review Process. Among other changes, the revised process now permits parties to request the Director Review on institution decisions in America Invents Act (AIA) proceedings. This is a significant expansion of the scope of director review, which allows petitioners who had no appeal options to an IPR denial to now have at least one avenue of review of an institut
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
JULY 25, 2023
We are pleased to inform you that the Chair on Intellectual Property Rights, National Law University, Delhi is inviting applications for the position of Research Assistant (Law). The last date to apply is August 05, 2023. For more detail please read the announcement below. Image from here Call for Applications – Research Assistant (Law) National Law University, Delhi (“University”) is seeking to engage, on a contractual basis, one full-time Research Assistant (Law) for Chair on Intel
IP Watchdog
JULY 25, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a precedential decision affirming a district court’s mixed ruling in a patent infringement case involving two patents owned by United Therapeutics on the pulmonary hypertension drug, Tyvaso. U.S. Patent 10,716,793 and U.S. Patent 9,593,066 cover methods of treating pulmonary hypertension and pharmaceutical compositions comprising treprostinil—Tyvaso is an inhaled solution formulation of treprostinil.
SpicyIP
JULY 25, 2023
We’re pleased to inform you that a free online course on intellectual property starting on July 31, 2023 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Associate Professor of Law, in charge of the SPRIHA IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Image from here Join SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi Title SWAYAM (Free) Online Course on ‘Intellectual Property’ About
TorrentFreak
JULY 25, 2023
In 2021, Sony Music obtained an injunction ordering DNS resolver Quad9 to block the popular pirate site Canna.to. The injunction , issued by the District Court of Hamburg, required the Swiss DNS resolver to block its users from accessing the site to prevent the distribution of pirated copies of Evanescence’s album “ The Bitter Truth “ Quad9 Appeals Site Blocking Injunction The Quad9 Foundation fiercely opposed the injunction.
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.
SpicyIP
JULY 25, 2023
While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”.
Nelligan Law
JULY 25, 2023
Reading Time: 2 minutes In the world of toys, few have captured the hearts of children and adults alike as effectively as Barbie. Created by the renowned toy company Mattel, Barbie has evolved from a simple fashion doll to a global cultural icon, and much of this success can be attributed to the power of its brand narrative. Now, with the highly anticipated Barbie movie that hit theaters on July 21, 2023, Mattel’s ability to harness the brand narrative is set to captivate audiences worldwi
The Illusion of More
JULY 25, 2023
In my last post, I discussed some of the allegations that “machine learning” (ML) with the use of copyrighted works constitutes mass infringement. Citing the class action lawsuits Andersen and Tremblay, I predicted that if the courts do not find that ML unavoidably violates the reproduction right (§106(1)), copyright law may not offer much relief […] The post AI Machine Learning: Remedies Other Than Copyright Law?
IP Law 360
JULY 25, 2023
Firms continue to face pressure to diversify their attorney workforce, and they are slowly but surely making progress, according to this year's Diversity Snapshot. Here's our data dive into minority representation at law firms in 2022.
IP and Legal Filings
JULY 25, 2023
Introduction The fashion industry plays the role of an important booster in the global economy, having a global economic impact of about 2.5 trillion US dollars and 75 million employees [1]. The industry has had phenomenal growth in recent years, with the manufacturing of apparel doubling between 2000 and 2014 [2]. Despite purchasing 60% more clothing in 2014 than in 2000, people only wore the clothes for half as long.
IP Law 360
JULY 25, 2023
Activision asked a California federal court Monday to find that its video using the popular "It's enough slices!" TikTok audio doesn't infringe the publicity rights of the YouTuber behind the sound, arguing that he "deliberately and knowingly" made the audio available for others and is trying to profit from its popularity.
Christopher Roser
JULY 25, 2023
This is the last post on my short series on continuously moving assembly lines, where I will look at some special situations unique to the continuously moving assembly line. These lines have some interesting features for covering fluctuations within the line, for processing time that needs no worker or machine, and on the distance between. Read more The post Continuously Moving Assembly Line—Special Situations first appeared on AllAboutLean.com.
IP Law 360
JULY 25, 2023
The Los Angeles designer accused of ripping off French fashion house Hermès with his collection of "MetaBirkin" non-fungible tokens told a New York federal judge that he plans to take multiple decisions in the case to the Second Circuit after the district court held that a jury fairly decided he had infringed Hermès trademarks.
Technology & Marketing Law Blog
JULY 25, 2023
Redbubble provides an online marketplace for print-on-demand items. Unlike other print-on-demand vendors, Redbubble outsources everything but the marketing and payment processing functions. Third-party user-merchants upload the images; third-party contract manufacturers and other vendors make and ship the ordered items. This Tom Sawyer approach to e-commerce may or may not deflect Redbubble’s legal liability, a question that is being actively litigated.
IP Law 360
JULY 25, 2023
Delaware's Court of Chancery spurred modifications in AMC Entertainment's proposed deal with stockholders last week, welcomed updates to the state's corporation laws and logged new suits from shareholders in tech companies, a metal producer, a biotech and an artificial intelligence outfit. In case you missed it, here's the latest from Delaware's Chancery Court.
Likelihood of Confusion
JULY 25, 2023
Joe Gratz shares none of McDonald’s McPain over its efforts to get “McJob” out of the dictionary. He’s right, of course. (UPDATE: Related thoughts.) Originally posted 2007-03-22 21:04:20. Republished by. The post Tough McNuggets appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
JULY 25, 2023
A copyright suit over the alleged unauthorized use of late artist Keith Haring's work by an underwear and loungewear brand and the subsequent counterclaims from the clothing company were voluntarily dismissed with prejudice Monday.
LexBlog IP
JULY 25, 2023
Understanding the Beneficial Ownership Information Reporting Rule by Josh Slovin The New Beneficial Ownership Reporting Rule: A Step towards Greater Transparency in US Businesses Privately-owned companies in the United States have long enjoyed a great degree of privacy about their internal affairs, particularly as to the identities of their owners. In less than a year, that will begin to change.
IP Law 360
JULY 25, 2023
A Dutch startup has gone to the European Union's recently created Unified Patent Court to bring what the company's lawyers say is the first infringement case brought at The Hague — accusing a Spanish rival of ripping off a type of biological fuel cell that was purportedly developed first by researchers at Wageningen University.
LexBlog IP
JULY 25, 2023
This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi. During the meeting, Ragner showed documents detailing the manufacturing process of a collapsible hose and demonstrated a prototype of the hose.
JD Supra Law
JULY 25, 2023
A frequent issue seen within patent litigation is whether serving a complaint satisfies the knowledge requirement for post-complaint indirect infringement. This issue affects the amount of, if any, damages a patent owner can obtain. Coupled with potential IPRs, it also complicates pre-litigation licensing strategies.
LexBlog IP
JULY 25, 2023
There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. As regards legislation, there is no statute in India that expressly recognises the publicity or personality rights of individuals; therefore, the aspect of inheritance of publicity rights of a deceased person is still not entirely settled.
IP Watchdog
JULY 25, 2023
Reports of the death of the movies at the hands of IP have been greatly exaggerated. Movie ticket sales are down and may never recover from pre-pandemic highs. The actors and writers strike will not help but the scarcity of new product might. The studios are racing to screen franchise movies that put people back into theater seats. IP rights associated with franchises - Spider-Man, Iron Man, the Avengers, Indiana Jones, Star Wars, Mission Impossible - are being blamed for turning the movies into
LexBlog IP
JULY 25, 2023
After considering comments from various stakeholders for nearly a year, on July 24, 2023, the USPTO issued the revised interim Director Review Process. Among other changes, the revised process now permits parties to request the Director Review on institution decisions in America Invents Act (AIA) proceedings. This is a significant expansion of the scope of director review, which allows petitioners who had no appeal options to an IPR denial to now have at least one avenue of review of an institut
BYU Copyright Blog
JULY 25, 2023
On July 10, 2023, James Messerschmidt (“Messerschmidt”), a photographer from Queens, New York, brought legal action against Zen City Academy (the “Academy”) in a Federal District Court in Texas. The case brings claims for copyright infringements under Title 17 of the U.S. Code, signaling a conflict over intellectual property rights and the unauthorized use of creative works.According to Messerschmidt's Complaint, the Academy, an online school specializing in English as a Second Language courses
LexBlog IP
JULY 25, 2023
Whether your focus is privacy, advertising or both, there is a good chance that you have bumped into some thorny issues involving the Children’s Online Privacy Protection Act (COPPA). In general, COPPA prohibits websites or apps from collecting “personal information” from children under the age of 13 without first obtaining verified parental consent (VPC).
JD Supra Law
JULY 25, 2023
The USPTO issued Revised Interim Guidelines today on the process for requesting Director Review of PTAB decisions. Since the U.S. Supreme Court’s decision in United States v. Arthrex, 141 S.Ct. 1970 (2021), which held that the Director must have discretion to review decisions rendered by the PTAB’s Administrative Patent Judge’s, the USPTO has issued several updates to its procedures for requesting Director Review.
Managing IP
JULY 25, 2023
The firm’s plan to recruit more lawyers from ‘lower’ socio-economic backgrounds is welcome, but details will be crucial
JD Supra Law
JULY 25, 2023
Every second of every day, social media and internet users repost or link to copyrighted content from other websites, or other posts. It may seem strange to even think about whether such use might be found to be other than fair. But viewed from the content owner’s perspective, that use seems much less than fair as platforms are profiting from our constant churn of copyrighted content without paying anything to the original creators of such content.
LexBlog IP
JULY 25, 2023
Preissuance (3rd party) Submission: How can one determine if a preissuance submission is timely? First, check Public PAIR to determine if a Notice of Allowance (NOA) has been issued in the application. If the NOA has been issued, you may not file a third-party submission. If the NOA has not been issued, determine if a first rejection has been issued by the examiner or if the application has been published for six months or longer.
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