Erik K Pelton
FEBRUARY 21, 2023
Registration of a trademark with the USPTO acts like both a smoke detector and a fire extinguisher. The registration works like a detector to help minimize the chances of an infringement situation, and it acts like an extinguisher to help extinguish infringements that arise quicker and easier. In short, there is no more powerful tool to protect a brand than trademark registration.
Technology & Marketing Law Blog
FEBRUARY 21, 2023
I’m going to crank this blog post out before I get swamped with press requests. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. Indeed, the justices didn’t really engage with the plaintiffs’ core arguments much after their initial dismantling, which I take as a sign of their lack of persuasiveness. For that reason, I have a little optimism that Google will win the votes– much more so than yesterday.
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TorrentFreak
FEBRUARY 21, 2023
‘Operation 404’ is an ongoing law enforcement initiative in Brazil that aims to disrupt the availability of pirated content online. Operation 404 took on pirate IPTV services in 2022, but earlier waves have targeted everything from regular websites to popular Android apps. According to a government announcement, authorities have just shut down “the two biggest digital anime pirate sites” in Brazil as part of Operation 404 offshoot, ‘Operation Anime’ Operation
McKinsey Operations
FEBRUARY 21, 2023
The small-and-midsize-business market has huge potential, but it’s also highly competitive and fragmented. Tech providers must understand the unique, evolving needs and preferences of small companies.
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
FEBRUARY 21, 2023
In the summer of 2021, game developer Bungie filed a complaint targeting three well-known cheat sellers; Elite Tech Boss, Lavicheats & VeteranCheats. The case against Elite Tech Boss has been the most eventful thus far. Within a few months, this resulted in a consent judgment where a key defendant agreed to pay $13.5 million in damages. That judgment didn’t settle the matter completely as Bungie still has other targets in its crosshairs.
IP Watchdog
FEBRUARY 21, 2023
On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Thus, it’s time to get one’s ducks in a row and to prepare for this new court system, which provides for a new pan European injunction in patent matters. In order to faciliate such preparation, we will be providing a series of five articles over the coming months until the system starts that will deal with the most important asp
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
FEBRUARY 21, 2023
Banner Witcoff attorney Mercedes Meyer likes to stand out, and she's harnessed that outspokenness for more than two decades to demand a place for women in intellectual property law.
JD Supra Law
FEBRUARY 21, 2023
Imagine you are a rising social media star. You create a video using a catchy phrase that immediately takes off. The phrase gains national, even global, attention and everyone begins using it. Now, let us say a company uses your image and your phrase without your consent to increase its relatability with the public. The company does not reach out to you to offer compensation, however, and when you reach out to them seeking some sort of acknowledgment, they state that you have no rights to your.
McKinsey Operations
FEBRUARY 21, 2023
In the two years since McKinsey first analyzed corporate pledges to fight racial injustice, companies have continued to pledge money—but how it’s being spent remains unclear.
JD Supra Law
FEBRUARY 21, 2023
As previously reported, Genentech and Tanvex reached an agreement in January 2022 to settle BPCIA litigation relating to Tanvex’s biosimilar of HERCEPTIN (trastuzumab). On February 9, the court entered an order dismissing all claims in the case.
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.
Velocity of Content
FEBRUARY 21, 2023
CCC is headed to London once again as a sponsor and participant in this year’s Researcher to Reader Conference. Researcher to Reader, an in-person event held on 21-22 February, the premier forum for discussion of the international scholarly content supply chain, looking at how the scholarly publishing community is bringing knowledge from the researcher to the reader.
JD Supra Law
FEBRUARY 21, 2023
On Wednesday, February 8, 2023, a Manhattan federal jury issued a verdict finding Mason Rothschild, creator of a collection of non-fungible tokens (NFTs) called “MetaBirkins,” liable for infringing and diluting Hermès International’s BIRKIN trademarks for its iconic Birkin handbag and for unlawfully cybersquatting on the MetaBirkins.com domain name.
The IPKat
FEBRUARY 21, 2023
Much of patent prosecution and opposition at the EPO is an advanced game of spot the difference. Subtle differences between the application as filed and the claimed subject matter can be fatal to a granted European patent. A recent decision from the Board of Appeal ( T 1303/18 ) confirmed the high bar of a "clear and unambiguous disclosure" of the claimed subject matter in the priority document is necessary for a valid priority claim.
McKinsey Operations
FEBRUARY 21, 2023
Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.
The Illusion of More
FEBRUARY 21, 2023
“Black history is American history.” There is more than one way to read (or use) that phrase. On its face, it affirms that no honest or thorough narrative about the United States can possibly exclude the Black story. But from there, one might say, as Morgan Freeman suggested in a 2005 interview with Mike Wallace, […] The post Black History Month in 2023 appeared first on The Illusion of More.
IP and Legal Filings
FEBRUARY 21, 2023
Introduction The Nuremberg Trials marked the end of the regime responsible for the Holocaust and the first time in history that the International Court sentenced people to imprisonment and death. The Second World War was initiated with the invasion of Poland by Germany. Eventually the latter attacked more than a dozen of countries throughout the continent.
McKinsey Operations
FEBRUARY 21, 2023
Environmental sustainability is the practice of ensuring responsible stewardship of our planet.
IP Law 360
FEBRUARY 21, 2023
A federal jury in Delaware has found that General Electric's old lighting business and a company it has since unloaded to private equity owe a combined $2 million to a Utah company that owns a patent covering a type of LED light issued to a dental diode laser inventor in 2002.
SpicyIP
FEBRUARY 21, 2023
Image by J D Frazer , accessed from here. Recently Ishant wrote on the Delhi High Court’s broad interpretation of the term “leaving with the registrar” under the Trademark Rules with regard to strict adherence to the timeline to file a document with the Registry. In a similar vein, the question of adhering to a prescribed timeline recently popped up before the IPD too.
IP Law 360
FEBRUARY 21, 2023
A musical production of the 1908 children's classic "Anne of Green Gables" on Tuesday urged a New York federal court to shut down another production's trademark claims, saying that, since the book is in the public domain, it would be equivalent to claiming ownership of Shakespeare's works.
Trading Secrets
FEBRUARY 21, 2023
On Wednesday, March 8 at 12 p.m. Pacific, Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes practice—is presenting the “What Does the FTC’s Crackdown on Non-Competes Mean for Trade Secrets?” webinar for the California Lawyers Association. The panel will discuss: The FTC’s recent non-compete enforcement activities and proposed rule banning non-competes The FTC’s discussion and treatment of trade secrets in its supporting rule materials Po
IP Law 360
FEBRUARY 21, 2023
A Winston & Strawn LLP attorney representing hip-hop moguls T.I. and Tameka "Tiny" Harris urged a California federal judge not to issue sanctions over her allegations about MGA Entertainment's counsel during an intellectual property mistrial, saying the white attorney's N-word use was observed by many to be "racist behavior.
McKinsey Operations
FEBRUARY 21, 2023
In an exceptionally challenging marketplace, a few distributors are outperforming others by wide margins. Here’s what they do differently.
IP Law 360
FEBRUARY 21, 2023
Bungie Inc. has scored a $4.4 million arbitration award in its quest to stop the distribution of "cheat code" software for Destiny 2, with the video game company urging a Seattle federal judge to affirm the award.
The TTABlog
FEBRUARY 21, 2023
Section 4 of the Trademark Act provides for registration of a collective membership mark, defined as a trademark or service mark adopted by a collective and used by members to indicate membership in the collective. Mission American Coalition sought to register the mark THE TABLE COALITION "to indicate membership in a group of church leaders, senior church members, ministers, independent evangelical preachers, and other evangelical principals to promote and support evangelistic activities.
LexBlog IP
FEBRUARY 21, 2023
The seminal Alice v. CLS Bank lawsuit provided an arsenal of invalidation weapons for patent defendants across the country. Alice was particularly relevant to software patents because it held a large swath of software patents to be invalid – particularly those that did no more than implement an abstract idea on a general purpose computer. The defense bar pounced on this new opportunity.
Michael Geist
FEBRUARY 21, 2023
Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs
LexBlog IP
FEBRUARY 21, 2023
We’ve all seen movie trailers that gets us excited to see the movie. And if you’re like me, you’ve seen a movie or two that doesn’t meet expectations because it was nothing like the trailer. In Woulfe v. Universal City Studios, LLC , the United States District Court for the Central District of California refused to dismiss Woulfe’s false advertising claims, finding that a deceptive movie trailer can form the basis of false advertising claims and that trailers are no
IP Watchdog
FEBRUARY 21, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday, February 17, ruled in a precedential opinion that a Nebraska district court abused its discretion in granting a preliminary injunction barring the owner of patents on holiday string lights from communicating to its customers that a competitor was infringing its patents. Lite-Netics, LLC sued Holiday Bright Lights (HBL) in the U.S.
LexBlog IP
FEBRUARY 21, 2023
In Minerva Surgical, Inc. v. Hologic, Inc., [2021-2246 ] (February 15, 2023), the Federal Circuit affirmed summary judgment that the asserted claims of U.S. Patent No. 9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § 102(b). The Federal Circuit first pointed out that the patented technology was “in public use” because, before the critical date, Minerva disclosed fifteen devices having the t
JD Supra Law
FEBRUARY 21, 2023
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022. And as the number of design applications filed around the world has continued to grow, so has design patent enforcement and litigation.
Likelihood of Confusion
FEBRUARY 21, 2023
Here’s a roundup of what other people are saying about the decision in Network Automation, Inc. v. Advanced System Concepts, Inc. involving keyword advertising using other folks’ trademarks (a form. The post Ninth Circuit. Keywords. Trademarks. Hike! appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
FEBRUARY 21, 2023
In LG Electronics Inc. v. Immervision, Inc., the Federal Circuit held that an obvious error in a prior art reference was not considered a teaching. The court explained that a person of ordinary skill in the art (POSITA) would have disregarded or corrected the apparent typographical or similar error in the prior art reference. The remainder of the prior art reference would continue to be considered a potentially relevant prior art disclosure.
Indiana Intellectual Property Law
FEBRUARY 21, 2023
Crowne Point, Indiana – The Plaintiff, Illinois Central Railroad (“IC”) filed suit against Defendant and former employee, Michael Belcher (“Belcher”) for Breach of Contract, Breach of Duty of Loyalty, Civil Conversion, Indiana Uniform Trade Secrets Act, Defend Trade Secrets Act, and Trespass to Chattels. Per the Plaintiff’s website, IC is headquartered in Chicago, Illinois, and has been in business for 148 years.
JD Supra Law
FEBRUARY 21, 2023
The seminal Alice v. CLS Bank lawsuit provided an arsenal of invalidation weapons for patent defendants across the country. Alice was particularly relevant to software patents because it held a large swath of software patents to be invalid – particularly those that did no more than implement an abstract idea on a general purpose computer.
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