Fri.Dec 01, 2023

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IPKat Book of the Year Awards 2023

The IPKat

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community. But there can be only one winner (per category) of this prestigious prize, so vote wisely. As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geo

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The Generative AI Fair Use Defense Under Google Books

The Illusion of More

After the Supreme Court’s decision in AWF v. Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light. As discussed on this blog and elsewhere, caselaw has produced two frameworks for considering whether […] The post The Generative AI Fair Use Defense Under Google Books appeared first on The Illusion of More.

Fair Use 111
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PTAB Scratches Out Some Oil-Dri Kitty Litter Patent Claims

IP Law 360

Some of mineral company Oil-Dri Corp. of America's patent claims for "clumpable" cat litter were invalid as anticipated or obvious, the Patent Trial and Appeal Board has ruled.

Patent 105
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Bungie Wins Powerful Disclosure Order to Identify Anonymous Cheat Makers

TorrentFreak

Bungie’s interest in individuals linked to Destiny 2 cheat maker and distributor, Ring-1, became public in 2021. A lawsuit filed at a California court named four defendants as suspected operators with an additional 50 ‘Doe’ defendants to be unmasked as the case progressed. Six causes of action including copyright infringement, trafficking in circumvention devices contrary to the DMCA, trademark violations, and unfair competition, encouraged three defendants to settle with Bungi

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Former Clerks Say Justice O'Connor Still Worth Emulating

IP Law 360

BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

Law 98

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Writing Thriller Novels Makes Me A Better Lawyer

IP Law 360

Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

Privacy 98
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Patent Marking and e-Marking in Europe: Maximizing Benefits and Avoiding Pitfalls

JD Supra Law

In Short - The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays information on a product's IP rights on a dedicated website accessible through a QR code or a hyperlink. In U.S. patent infringement lawsuits, patent marking serves as evidence that the infringer was aware of the patent's existence, and failing to mark products may lead to.

Patent 78
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Justice O'Connor Shattered Barriers, Built Bridges

IP Law 360

A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

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Is it time to Franchise My Business – Part I?

JD Supra Law

You are an entrepreneur. You created, founded and currently operate a successful and vibrant business. Perhaps customers, family members, or friends are loyal fans of your brand and are approaching you with a request to start their own location. How do you know when it is time to start franchising your business concept?

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IPO Diversity in Innovation Toolkit

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.

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Chicago Atty Pushes Back On 7-Eleven Trademark Suit

IP Law 360

The Chicago attorney who runs a small intellectual property law practice called Seven Eleven Law Group made good on her promise this week to fight the trademark infringement allegations that convenience store giant 7-Eleven sued her for last month, rejecting the company's claims that her firm is creating consumer confusion and profiting from 7-Eleven's multinational brand.

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Navigating the Crossroads: Intellectual Property Protection and Traditional Knowledge

JD Supra Law

The intersection of traditional knowledge and intellectual property (IP) presents a challenging dichotomy for global legal systems. On one side lies the enormous economic potential inherent in traditional knowledge—a trove of insights, practices, and potential innovations nurtured over generations by indigenous communities. By: Brooks Kushman P.C.

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Spotify to cease operations in Uruguay over copyright laws

The IPKat

As has been reported in the music press, the well-known digital music service Spotify has announced that it will be imminently ceasing its operations in Uruguay due to certain amendments included in the country's copyright laws regarding the remuneration of performers. The law The law which Spotify refers to in its statement (which has been reproduced in full by Music Business Worldwide here ), is the 2023 Rendición de Cuentas bill (the Bill), which was voted through by Uruguay's parliament in O

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[Video] The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film

JD Supra Law

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time… in Hollywood’ over its portrayal of the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing.

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4 Decisions For Which Justice O'Connor Will Be Remembered

IP Law 360

Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

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MarkIt to Market® - Recent Updates on the NFL and Intellectual Property

JD Supra Law

With three games on Thanksgiving Day and another on Black Friday, the NFL was likely a predominant discussion point in many households this past holiday weekend. However, these discussions were probably focused on the actual games—or maybe the love story between Taylor Swift and Travis Kelce—and not the recent efforts by NFL teams to secure and promote their trademark rights.

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Other Barks and Bites for Friday, December 1: Senators Discuss AI and Intellectual Property; EU Report Finds 86 Million Fake Items Were Detained Last Year; USPTO Releases New China IP Rights Toolkit

IP Watchdog

This week in Other Barks and Bites: Senate AI Insight Forum meets to discuss the ramifications of AI technology on intellectual property rights; Chinese President Xi Jinping orders stronger IP protections for foreign companies operating in China; and an EUIPO report finds that EU countries detained 86 million fake items in 2022.

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Biden Administration Promotes Domestic Pharmaceutical Production to Reduce Drug Shortages

JD Supra Law

I'm not saying that anyone from the Biden administration was reading my blog post last week on drug shortages, and maybe it's just a coincidence that the White House announced new efforts to strengthen supply chains less than a week after my post!

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TTABlog Test: Are these Two Design Marks Confusable (for Rice)?

The TTABlog

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." Since the goods are identical, a lesser degree of similarity between the marks is needed to support the Section 2(d) claim, but are the marks close enough to cause source confusion?

Designs 67
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Duty of Candor Continues Before the PTAB or Does it?     

JD Supra Law

In an unprecedented PTAB decision involving Spectrum Solutions LLC (“Spectrum”) (Petitioner) and Longhorn Vaccines & Diagnostics (“Longhorn”) (Patent Owner), the Board found all five challenged patents invalid and imposed sanction against patent owner Longhorn for failure to meet the duty of candor and fair dealing. The board determined that Longhorn selectively disclosed testing results to support its claim construction and misled its technical expert with incomplete laboratory data, thereb

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Pirate Bay URL Disappears from Google Knowledge Panel in ‘Blocked’ Regions

TorrentFreak

Two years ago, Google started delisting the URLs of several popular pirate sites from its search results. This decision didn’t impact all users. Instead, Google voluntarily decided to remove URLs in countries where the sites are blocked by local Internet providers, typically following a court order. In the Netherlands, for example, The Pirate Bay and many of its mirrors and proxies were delisted by Google in response to a notice sent by local anti-piracy group BREIN.

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USPTO Kicks Off Semiconductor Technology Pilot Program to Expedite Semiconductor Manufacturing Applications

JD Supra Law

Today, the USPTO announced a new, no-cost, pilot program that accelerates the examination process for US patent applications related to semiconductor manufacturing. Starting Friday, December 1, 2023, applicants can file a petition to participate in the pilot program. Petitions that correspond to qualifying non-provisional utility patent applications, directed to “certain processes and apparatuses for manufacturing semiconductor devices,” will be advanced out of turn for examination (accorded.

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The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Tarantino Film

The IP Law Blog

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time… in Hollywood’ over a character portraying the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Patent Owners file Amicus Brief in Support of Cellect’s Rehearing Petition

JD Supra Law

Earlier this year in In re Cellect, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision regarding obvious-type double patenting (“ODP”). The Court held that when members of a patent family differ in their expiration dates solely due to patent term adjustment (“PTA”), the earlier-expiring family members may be used as the basis for an obvious-type double patenting attack on the later-expiring family members.

Patent 69
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Google Ends 2 Patent Cases In Western Texas

IP Law 360

Google lawyers managed to hash out their legal fights with two patent-licensing outfits represented by the same powerhouse Delaware patent law firm, over a year after U.S. District Judge Alan Albright of the Western District of Texas sent one of the lawsuits to the Northern District of California, but months after he decided to keep the second in Waco.

Patent 59
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A Comprehensive Guide on How to File Trademark Oppositions

Intepat

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. In such situations, the trademark opposition process becomes crucial, enabling applicants to effectively safeguard their intellectual property.

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DOD Owes Developer $13M For Unauthorized Software Copies

IP Law 360

A Court of Federal Claims judge has awarded a software developer $12.7 million for copyright infringement after finding that a U.S. Department of Defense contractor made unauthorized copies of the company's software and the DOD tried to cover up that copying.

Copying 59
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[Audio] (Podcast) The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film

JD Supra Law

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time… in Hollywood’ over its portrayal of the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing.

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The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Tarantino Film

LexBlog IP

The Supreme Court rejected a trademark infringement claim against the producers of the Quentin Tarantino film ‘Once Upon a Time. in Hollywood’ over its portrayal of the late actor Christopher Jones. Scott Hervey and Tara Sattler discuss this decision in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Nokia Gets ITC To Review HP, Amazon Imports Over Patents

IP Law 360

The U.S. International Trade Commission has agreed to review Nokia's allegations that HP and Amazon were wrongly importing products that infringed a variety of Nokia patents related to video technology.

Patent 52