TorrentFreak

OCTOBER 15, 2021

In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. courts, collecting millions of dollars in settlements. Accused Subscriber Fight Back. Most Internet subscribers who’re accused of piracy don’t put up a fight but occasionally one does.

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Copyright Art Settlement Copying 138

Patently-O

OCTOBER 15, 2021

by Dennis Crouch. This decision suggests that the Federal Circuit is acceding to the Supreme Court’s approach giving broad discretion to the district courts in attorney fees cases rather than nit-picking individual elements of the totality-of-the-circumstances test. But, we’ll see. . Energy Heating, LLC v. Heat On-the-Fly, LLC ( Fed. Cir. 2021 ).

Litigation 130

Litigation Invention Patent Law 130

TorrentFreak

OCTOBER 15, 2021

With individuals and groups getting involved in the pirate IPTV market on a continuous basis, it may seem that stopping the illegal distribution of live TV channels, movies and TV shows is an impossible task doomed to failure. That may be the case, but copyright holders and broadcasters are certainly willing to try. Shutdowns, domain seizures, and other enforcement actions are reported almost every week, including civil lawsuits and criminal prosecutions in the US, EU and beyond.

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Reporting Advertising Advertising Television 131

The Illusion of More

OCTOBER 15, 2021

In March, Senators Durbin and Cassidy introduced the INFORM Consumers Act, legislation meant to provide us with greater transparency when shopping through large online marketplaces, which is to say Amazon. In a co-authored editorial in Roll Call, the senators state: It is well documented that third parties are selling massive amounts of counterfeit, stolen and […].

Intellectual Property Law 129

Intellectual Property Law Law Intellectual Property 129

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?

Technology

Intellectual Property Office Blog

OCTOBER 15, 2021

The IPO Business Engagement team frequently attends trade shows and business events across the UK to support sectors and advise on different aspects of intellectual property. IPO Digital Communications Officer, Oliver Downey, recently attended The Photography Show at the NEC Birmingham alongside the team, where copyright was centre stage. It was remarkable to see the incredible new technology on display and how intellectual property was being used to protect inventions and works.

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Artistic Work Intellectual Property Social Media Copying 111

IPilogue

OCTOBER 15, 2021

Ashley Moniz is the Managing Editor of the IPilogue and the Assistant Director of IP Osgoode. . On October 15, 2008, at the Four Seasons Hotel in Toronto, IP Osgoode was officially launched. Known as Osgoode Hall Law School’s Intellectual Property Law and Technology Program, Prof. Pina D’Agostino set out to create a program that would lead IP law discourse, foster a vibrant community whose members are welcome to share broad perspectives, and diversify the IP innovation ecosystem.

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IP Intellectual Property Law Intellectual Property Publishing 104

JD Supra Law

OCTOBER 15, 2021

Technical advancements, in both vehicle electrification and automation, are increasingly focused on software innovations, while the focus on hardware innovations appears to be somewhat diminished. Protecting intellectual property associated with software innovations can be a daunting and, sometimes, a confusing task. In fact, many owners of software intellectual property believe that software intellectual property is not patentable or not practically enforceable.

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Intellectual Property Technology Patent 98

IAM Magazine

OCTOBER 15, 2021

Though a short-term PR success, the company’s commitment risks looking hollow after its decision not to license know-how to new WHO Africa tech-transfer hub.

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Licensing Patent Technology Law 98

The IPKat

OCTOBER 15, 2021

Trade mark disputes with accompanying passing off claims are nothing new. But what happens when the public being considered is fairly niche and, as such, smaller than those that would arise in your ‘everyday’ trade mark cases? Well, such a case arose before the Intellectual Property Enterprise Court (IPEC) recently, in one of the most unique contexts to date.

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Business Social Media Registration Intellectual Property 83

Art Law Journal

OCTOBER 15, 2021

Don't know how to talk about your work when speaking to buyers? Here are 14 questions to help you identify your art! The post Identify Your Work appeared first on Art Business Journal.

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Journalism Art Business Branding 82

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.

Patent

IP Watchdog

OCTOBER 15, 2021

This week in Other Barks & Bites: the U.S. Copyright Office announces that it will study the current state of copyright protections for news content; the Ninth Circuit affirms the dismissal of copyright claims against The Weeknd over the 2016 release of “A Lonely Night”; the Sixth Circuit finds that laches are not available to Honeywell as an equitable defense against claims that its online sales of MAX-branded earplugs violates a 1995 consent decree; news reports indicate that negotiations

Copyright 81

Copyright IP Publishing Branding 81

IP Law 360

OCTOBER 15, 2021

Patent litigation by nonpracticing entities continues to climb this year, with a new report estimating that these suits are up almost 11% compared with the same period last year, driven in part by disputes over automotive and mobile device patents.

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Patent Litigation Reporting 75

IP Watchdog

OCTOBER 15, 2021

HP’s Patent Development Group is seeking a highly motivated patent attorney to join its legal team in either their Houston, TX or Vancouver, WA location. In this role, counsel will support the Patent Development Group's efforts to build and maintain a high-quality patent portfolio that furthers the goals of HP's dynamic business. More specifically, the successful candidate will be responsible for managing a patent portfolio, personally drafting and prosecuting strategic, high-quality patent appl

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Patent Patent Application Business Patent Prosecution 69

IP Law 360

OCTOBER 15, 2021

Two groups of professional models, including "Baywatch" actress Carmen Electra, have slapped two North Carolina strip clubs with publicity rights suits in federal court for illegally using their images, while the U.S. Supreme Court reviews a similar case.

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IP Watchdog

OCTOBER 15, 2021

On October 8, a motion was filed on behalf of K.Mizra LLC asking the Patent Trial and Appeal Board’s (PTAB’s) Precedential Opinion Panel (POP) to review a PTAB institution decision on the ground that Apple Inc. v. Fintiv (IPR2020-00019) Factor 2 should be modified. Instead of comparing the proximity of the district court’s trial date to the projected time to a PTAB final written decision (FWD), the timing should account for completion of Director Review based on the Supreme Court’s ruling in Art

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Patent Government IP 64

IP Law 360

OCTOBER 15, 2021

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, "Batman" and "Superman" comic book publisher DC Comics is being challenged over its request to register "The Flash" as a trademark — plus three other cases you need to know about.

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Branding Brands Branding Publishing 75

The TTABlog

OCTOBER 15, 2021

The TTAB (Tee-Tee-?-Bee) recently decided the appeals from the three Section 2(d) refusals described below. No hints today. How do you think they turned out? [Answer in first comment]. In re Quantgene Inc. , Serial No. 88720359 (October 12, 2021) [not precedential] (Opinion by Judge Robert H. Coggins) [Section 2(d) refusal of QUANTGENE for medical diagnostic testing for cancer and other diseases and disorders, in view of the registered mark QUANTIGEN for "consulting services in the fields of bio

Copyright 59

Copyright 59

IP Law 360

OCTOBER 15, 2021

In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

Copyright Law 74

Copyright Law Copyright Law 74

IP Tech Blog

OCTOBER 15, 2021

On October 12, 2021, the USPTO extended its program for after-final patent prosecution practice, AFCP 2.0, to September 30, 2022. The USPTO initiated the “pilot” program in 2013 , to speed up prosecution and to increase contact between Examiners and applicants. Although the USPTO has not issued statistics about the results of the program, applicants still invoke AFCP 2.0 with some frequency.

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Art Patent Prosecution Blogging IP 57

JD Supra Law

OCTOBER 15, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents.

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Design Patent Designs Design Art 56

Art Law Journal

OCTOBER 15, 2021

Imagine you are at a dinner party and you meet another guest who introduces themselves as a lover of art and an avid collector. After an introduction, the collector asks you “What you do?” You explain that you are an artist and they ask what you make. You do not have time to write an essay or turn this into your grad school thesis, you have a few minutes before the first course of dinner arrives.

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Art Marketing Marketing Branding 52

JD Supra Law

OCTOBER 15, 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.

Patent 56

Patent Designs Design 56

LexBlog IP

OCTOBER 15, 2021

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper, Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter. Watch this episode on the Weintraub YouTube, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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Trademark Blogging IP Law 52

JD Supra Law

OCTOBER 15, 2021

Second Circuit Holds that Movie Screenplay Author was Entitled to Termination Rights - The Second Circuit held recently that the screenwriter of the pop culture classic “Friday the 13th” did not write the Screenplay as a work made for hire, and, as the author of the work, could regain U.S. ownership rights to the work by terminating an earlier transfer of the U.S. copyright to the film’s production companies.

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Copyright Law Copyright Ownership Law 56

LexBlog IP

OCTOBER 15, 2021

Whether a court order is appealable is often the first issue analyzed by appellate attorneys. An interlocutory order is an order issued by a court while a case is pending. These orders are not a final disposition of the case, but some interlocutory orders may be appealed even while the litigation continues. California law generally holds that “[t]o qualify as appealable, the interlocutory order must be a final determination of a matter that is collateral—i.e., distinct and severable&

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Litigation Publishing Law Privacy 52

JD Supra Law

OCTOBER 15, 2021

In a recent precedential opinion, Beasley v. Howard, F.4th (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit determined, in an issue of first impression, that trademark cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) do not have claim preclusive effective in trademark infringement lawsuits in federal district court.

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Trademark 52

LexBlog IP

OCTOBER 15, 2021

On October 12, 2021, the USPTO extended its program for after-final patent prosecution practice, AFCP 2.0, to September 30, 2022. The USPTO initiated the “pilot” program in 2013 , to speed up prosecution and to increase contact between Examiners and applicants. Although the USPTO has not issued statistics about the results of the program, applicants still invoke AFCP 2.0 with some frequency.

Art 52

Art Patent Prosecution Patent Technology 52

JD Supra Law

OCTOBER 15, 2021

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper, Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter.

Blogging 52

Blogging IP Law Trademark 52

LexBlog IP

OCTOBER 15, 2021

By: Amy Mudge , Mike Ingram and Carolina Alonso. The Children’s Advertising Review Unit (CARU) recently held their “Kidvertising” workshop to discuss the revised CARU Advertising Guidelines , which are set to take effect on January 1, 2022. The workshop tackled several issues important to child advertising including diversity and inclusion, influencers, and in-app and in-game advertising.

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Advertising Advertising Designs Design 52

Likelihood of Confusion

OCTOBER 15, 2021

It rejects the stupid and unconstitutional argument that “commercial use” under the Lanham Act’s dilution provisions can be found where there is simply “diversion.” Originally posted 2013-07-10 14:26:04. Republished by Blog. The post The Ninth Circuit Comes Through appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Trademark Law Trademark Law 52

IP Law 360

OCTOBER 15, 2021

A London judge has sided with Royalty Pharma in its €23 million ($26.6 million) claim against Boehringer Ingelheim International GmbH, finding the patent licensing company did not change the basis on which it can collect royalties in bad faith.

Licensing 52

Licensing Patent 52

JD Supra Law

OCTOBER 15, 2021

According to the Ninth Circuit’s recent decision in Bell v. Wilmott Storage Services, LLC, de minimis use of allegedly infringing material is not an affirmative defense against a claim of copyright infringement. This holding is critical to be aware of, as the Court determined that the minimal viewership of an allegedly infringing work does not provide a basis for a de minimis use defense in a copyright infringement lawsuit.

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Copyright Infringement Copyright 52

IAM Magazine

OCTOBER 15, 2021

Saturday Opinion: Litigation is heating up, big antitrust questions remain unanswered and there’s more to the rising conflict than just wireless SEPs.

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Litigation IP Licensing Technology 52

JD Supra Law

OCTOBER 15, 2021

In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

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Copyright Copyright Infringement Copying 52

The TTABlog

OCTOBER 15, 2021

A number of trademark practitioners believe that the TTAB should be issuing more precedential decisions.The Board has recently made available a form for nominating a Board decision as precedential. (link here ). This submission form allows nomination of an issued decision of the Board for designation as precedential. A nomination may be anonymous. Please provide all required identifying information for any nominated decision, and set forth a brief description of the reasons for the requested des

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Designs Design Publishing Trademark 49