Plagiarism Today
OCTOBER 23, 2023
Axanar creator Alec Peters is facing fresh legal peril as CBS and Paramount seek to enforce a $300,000 arbitration judgement against him. The post Axanar Creator Faces New Legal Threat appeared first on Plagiarism Today.
Erik K Pelton
OCTOBER 23, 2023
The following is an edited transcript of our video Should You Register Your Logo in Black & White or Color? Generally, registering a logo in black and white provides more protection because it offers broader rights and flexibility to use the colors you choose in the logo, as long as the underlying logo remains the same that you applied for. However, there are times that registering in color provides better benefits.
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Plagiarism Today
OCTOBER 23, 2023
Bad Bunny seeks to have reggaeton lawsuit pared down, Indonesia arrested alleged pirate site operator and more! The post 3 Count: Good Bunny appeared first on Plagiarism Today.
Michael Geist
OCTOBER 23, 2023
The government has yet to release its final regulations for the Online News Act , but recent comments from News Media Canada seemed to suggest that it is hoping to find common ground with Google , stating that it supports the company’s proposed amendments to Bill C-18 draft regulations. While that may be a long shot – I posted that Google’s call for legislative changes signals that it has arrived at the conclusion that regulations alone cannot fix the foundational flaws in the law –
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 & Marketing Law Blog
OCTOBER 23, 2023
The High Tech Law Institute invites you to participate in the 21st annual Works-in-Progress Intellectual Property Colloquium (WIPIP), which will be held February 2-3, 2024, at Santa Clara University School of Law, in Santa Clara, California. This is an in-person event, not virtual or hybrid. If you aren’t already familiar with WIPIP, the colloquium provides IP scholars with a forum to present their academic works-in-progress and receive early feedback from their peers.
JD Supra Law
OCTOBER 23, 2023
Employee communication methods have undergone a dramatic makeover during the past five years — indeed, it sometimes seems, from month to month. Slack, a collaboration tool for workplaces, has been among the forces upending the established communication order, offering an organized alternative to email. And its reach is significant: The company, which launched to the public in February 2014, now reportedly has more than 20 million active daily users.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Likelihood of Confusion
OCTOBER 23, 2023
In July of 2011 I wrote about the case of Aron Swartz, arrested at the time for stealing more than 4 million articles from JSTOR, an online archive and journal. The post The making of a martyr? appeared first on LIKELIHOOD OF CONFUSION™.
TorrentFreak
OCTOBER 23, 2023
While the continued proliferation of cheap albeit illegal pirate IPTV subscriptions is a problem for Sky, the broadcaster’s engagement with governments suggests that allocation of public crime-fighting resources would make things more manageable. A public/private partnership featuring Sky and police forces across England has seen significant resources deployed to tackle various players in the IPTV ecosystem.
IP and Legal Filings
OCTOBER 23, 2023
Introduction: India has experienced a meteoric rise in recent years in both online marketplaces and e-commerce. E-commerce platforms have produced new kinds of purchasing experiences for customers by combining the forces of technology, competitive price offerings, exciting deals, and quick delivery. As a result, the number of online marketplaces created domestically or internationally has significantly increased in India.
The IPKat
OCTOBER 23, 2023
Birkenstock’s sole pattern is quite well-known and has been the subject of several decision in the EU. As has been reported here , Birkenstock’s pattern mark was considered to lack distinctiveness as an EU and Benelux trade mark. Now, the German Patent Court confirmed that a position mark showing the Birkenstock pattern also lacks distinctiveness (case no. 28 W (pat) 24/18 ).
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.
JD Supra Law
OCTOBER 23, 2023
On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the EPO. Per the Board of Appeal, there is a rebuttable presumption that an Applicant claiming priority is entitled to claim that priority.
Technology & Marketing Law Blog
OCTOBER 23, 2023
You may have heard of this legislative drafting trick before. The legislature passes a law that’s likely unconstitutional, but the law doesn’t provide for enforcement by any state actors. Instead, the law creates a “bounty” system that rewards bounty hunters for privately enforcing the law. It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent.
JD Supra Law
OCTOBER 23, 2023
You can’t seem to turn on the TV, listen to the radio, or open a newspaper these days without hearing about the merits and potential risks of AI—and the federal government is paying attention.
IP Law 360
OCTOBER 23, 2023
A California jury has found that Netflix owes competitor GoTV Streaming LLC $2.5 million for infringing one of GoTV's wireless technology patents with its television and movie streaming platform.
JD Supra Law
OCTOBER 23, 2023
On October 25, join our colleagues at IPH and Dr. Francis Gurry online to learn about key issues and global trends relating to trade secrets and IP. Available evidence suggests that trade secrets have grown in importance over the past two decades. The greater importance attached to trade secrets results from the volume of valuable business and technical information generated by the use of IT, the reliance on partners in supply chains and other forms of international collaboration, the increased.
IP Law 360
OCTOBER 23, 2023
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
JD Supra Law
OCTOBER 23, 2023
The blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States. This blog post concentrates on protecting marks outside of the United States.
IP Law 360
OCTOBER 23, 2023
Intel and a patent licensing company that won a $2.18 billion verdict from a jury in Waco, Texas, have continued duking it out in the weeks following oral arguments at the Federal Circuit, with Intel telling the judges on Monday that the newest defense of that number "contradicts" something in the licensing company's earlier defense.
JD Supra Law
OCTOBER 23, 2023
In speaking at this past week’s #shifthappens Conference, I had the pleasure of discussing both the potential and pitfalls posed by generative AI with fellow panelists David Pryor Jr., Alex Tuzhilin, Julia Glidden and Gerry Petrella. Our wide-ranging discussion covered how regulators can address the privacy, security and transparency concerns that underlie this transformative technology.
IP Law 360
OCTOBER 23, 2023
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
JD Supra Law
OCTOBER 23, 2023
The Federal Circuit has affirmed a decision by the Patent Trial and Appeal Board (PTAB or Board) finding that a combination of prior art references requires only an implicit indication of a reasonable expectation of success. The case is Elekta Ltd. v. Zap Surgical Systems.
IP Watchdog
OCTOBER 23, 2023
This week in Washington IP news, a House subcommittee holds a hearing on advances in deepfake technology. Elsewhere, the Peterson Institute hosts the launch of an OECD report that looks at how governments can spur growth in the green economy, and the USPTO holds a three-day event for newcomers to the patent application process.
JD Supra Law
OCTOBER 23, 2023
Cryptocurrencies continue to make headlines, most recently for their dramatic changes in price. But these headlines obscure the continued progress in using blockchains for technologies such as payments, information security, and collaborative databases. In these areas and others, innovators continue to realize the transformative potential of blockchains and distributed ledger technologies.
IP Watchdog
OCTOBER 23, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued two opinions today on appeals from a total of six inter partes review (IPR) decisions, affirming two of the decisions and dismissing the remaining four as moot. In the first decision, the CAFC affirmed the Patent Trial and Appeal Board’s (PTAB’s) finding in IPR2018-00874 that certain claims of Team Worldwide Corporation’s U.S.
JD Supra Law
OCTOBER 23, 2023
Case Name: Bristol-Myers Squibb Co. v. Nanocopoeia, LLC, No. 22-cv-1283, 2023 WL 2867945 (D. Minn. Apr. 10, 2023) (Menendez, J.). Drug Product and Patent(s)-in-Suit: Sprycel® (dasatinib); U.S. Patents Nos. 7,491,725 (“the ’725 patent”) and 8,680,103 (“the ’103 patent”).
IP Watchdog
OCTOBER 23, 2023
Last week, the U.S. Copyright Office issued a notice of proposed rulemaking (NRPM) in the Federal Register as part of the triennial rulemaking process for exceptions to 17 U.S.C. § 1201’s prohibition against circumventing technological protection measures (TPMs) controlling digital access to copyrighted works. This proceeding is the ninth triennial Section 1201 rulemaking since passage of the Digital Millennium Copyright Act (DMCA) in 1998, and it starts with the Copyright Office intending to re
JD Supra Law
OCTOBER 23, 2023
On 16 October 2023, the UPC Court of Appeal issued its first ever decision and addressed two interesting procedural issues resulting from the situation where a Statement of claim is served without the documents it refers to (i.e. “annexes”).
The TTABlog
OCTOBER 23, 2023
The latest issue of the American Bar Association's Landslide Magazine includes an article by Wolf Greenfield's own Kira-Khanh McCarthy: " The Curtain Falls on the RAPUNZEL Opposition: Law Professor Is Not Entitled to a Statutory Cause of Action." You will recall that Law Professor Rebecca Curtin filed an opposition to registration of the mark RAPUNZEL for dolls.
JD Supra Law
OCTOBER 23, 2023
We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that defendant Mizrahi could not defeat Hudson’s claims even if all facts were taken according to Mizrahi’s accounts—that Mizrahi willfully infringed Hudson’s copyrights and trademarks and violated various state laws.
LexBlog IP
OCTOBER 23, 2023
Introduction Property rights and the protection of personal belongings are essential aspects of any society governed by the rule of law. In the UAE, specific laws and regulations are in place to safeguard property.
JD Supra Law
OCTOBER 23, 2023
The Western District of Texas recently denied a defendant’s motion to stay pending inter partes review based in part on the defendant’s status as a non-party in the IPR proceedings. In doing so, the district court focused on how the defendant’s inability to participate in the IPRs limited the scope of estoppel, and therefore diminished any potential simplification of issues.
LexBlog IP
OCTOBER 23, 2023
The U.S. Court of Appeals for the Seventh Circuit delivered an early victory to Grubhub Inc. and Takeaway.com Central Core V.B. (“Grubhub”) by denying Relish Labs LLC’s and The Kroger Co.’s (“Home Chef”) request for a preliminary injunction against Grubhub’s alleged trademark infringement. Although Home Chef convinced a magistrate judge it was likely to succeed on the merits, the district court disagreed and rejected the magistrate’s recommendation
JD Supra Law
OCTOBER 23, 2023
In Great Concepts, LLC v. Chutter, Inc.,1 the Federal Circuit reversed and remanded the Trademark Trial and Appeal Board’s (“Board”) decision cancelling registration of Great Concepts’ trademark due to the filing of a fraudulent declaration by a former Great Concepts attorney.
IP Law 360
OCTOBER 23, 2023
A Virginia federal judge's justifications for holding Quinn Emanuel attorneys in contempt and nearly tripling an infringement verdict Columbia University won against Norton have been unsealed, outlining years of "abhorrent litigation conduct," and putting Latham & Watkins attorneys in the crosshairs.
JD Supra Law
OCTOBER 23, 2023
The District of Delaware recently held that evidence addressing a lack of non-infringing alternatives from the perspective of the market as a whole, as opposed to customer-by-customer, may suffice when the market includes only two players—the patentee and the accused infringer.
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