Plagiarism Today
NOVEMBER 20, 2023
A recent routine by Australian comedian Randy Feltface took a look at plagiarism in stand-up comedy. Here's why he's not a plagiarist. The post Plagiarism in Pop Culture: Randy Feltface appeared first on Plagiarism Today.
JD Supra Law
NOVEMBER 20, 2023
INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer support, search engine optimization, market research, and inventory management. Now, AI-enabled technologies have become a regular fixture of many software-based services, such as technologies built on conventional machine learning or complex neural networks.
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Plagiarism Today
NOVEMBER 20, 2023
YouTube ContentID scammers ordered to pay restitution, art group sues insurance company in India and MPA releases new PSAs. The post 3 Count: Scammer Repayment appeared first on Plagiarism Today.
The IPKat
NOVEMBER 20, 2023
Lewis Hamilton is one of the most successful Formula 1 drivers of all time. Yet he does not seem to be famous enough to get his name registered as an EU trade mark. The Board of Appeal of EUIPO (‘BoA’) recently confirmed that his application for ‘LEWIS HAMILTON’ conflicts with the well-known watch maker’s trade mark ‘Hamilton’ (case R336/2022-1 ). Background On 14 July 2015, 44IP Limited (’44IP’), which manages the IP rights of Sir Lewis Carl Davidson Hamilton MBE, filed EU trade mark applicatio
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
NOVEMBER 20, 2023
As one of the leading niche blog platforms, Tumblr receives thousands of DMCA takedown requests every year. Many of these point to copyright-infringing material, but not all. Tumblr’s parent company Automattic is known to inspect all takedown notices carefully and has a track record of defending its users, whether abuse is intentional or not. To set an example, the company occasionally highlights the worst offenders in its “Hall of Shame.
Patently-O
NOVEMBER 20, 2023
By Chris Holman I enjoyed reading the recent article by Professors Rantanen and Datzov , and was not surprised by their conclusion that the courts are generally applying the Supreme Court’s patent eligibility precedent in a relatively predictable manner. I have not conducted such a systematic review of patent eligibility decisions, but over the years I have read quite a few of them, and for some time I have felt that I can usually predict which way the court will go in deciding these cases.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
NOVEMBER 20, 2023
The U.S. is one of the easiest jurisdictions in the world in which to do business and continues to be the world’s top destination for foreign direct investment. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more employer-friendly than in most other developed economies, and the legal system is well-developed and transparent.
Kluwer Copyright Blog
NOVEMBER 20, 2023
Many of us who have done a PhD, remember that time around the beginning of the second year when anxiety and insecurity start substituting the passion and enthusiasm. We all needed a safe space and a friendly encouraging forum to reassure us that having your own research project is a worthwhile endeavour. To help inspire junior IP researchers in this, the UCL Institute of Brand and Innovation Law ( IBIL ) invites applications from PhD students engaged in intellectual property research to present
JD Supra Law
NOVEMBER 20, 2023
The U.S. Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces. The new guidance is of particular importance to companies that rely on computer websites and applications to interface with their clients and customers.
IP Law 360
NOVEMBER 20, 2023
Apple has pushed back against rival startup Rivos' counterclaims that the tech giant forced its employees into illegal contracts that punished them for leaving the company in an ongoing trade secrets spat, telling a California court that the startup and its employees' allegations are "baseless" distractions from Rivos' misconduct.
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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
NOVEMBER 20, 2023
The listing of many types of patents in the FDA’s Orange Book (Approved Drug Products with Therapeutic Equivalence Evaluations) is fairly straightforward. Patents covering the approved drug product (active pharmaceutical ingredient) or its methods of use can be listed. However, other kinds of patents may require a more careful evaluation, especially in light of a recent policy statement issued by the FTC signaling plans “to scrutinize improper Orange Book listings to determine whether these.
SpicyIP
NOVEMBER 20, 2023
Image by jcomp on Freepik [ This post is authored by SpicyIP Fellow Yogesh Byadwal with inputs by Balaji Subramanian. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, Constitutional Law and Criminal Law. His previous posts can be accessed here. Views expressed here are those of the author’s alone. ] The Ministry of I&B, on Nov. 3, released a notification notifying nodal officers under Sec. 7(1B)(ii) Cinem
JD Supra Law
NOVEMBER 20, 2023
Case Name: Novartis Pharms. Corp. v. Alembic Pharms. Ltd., Civ. No. 22-1395-RGA, 2023 WL 6387975 (D. Del. Sept. 29, 2023) (Andrews, J.). Drug Product and Patent(s)-in-Suit: Entresto® (sacubitril/valsartan); U.S. Patent No. 11,096,918 (“the ’918 patent”).
Michael Geist
NOVEMBER 20, 2023
The much-anticipated Bill C-11 hearing opens this week at the CRTC. For the next three weeks, the Commission will hear from a wide range of stakeholders, including digital and legacy creators, Internet giants, telecom companies, and consumer groups. This hearing, which builds on an earlier consultation on registration requirements, will address issues that include mandated Internet streaming company contributions and discoverability requirements.
JD Supra Law
NOVEMBER 20, 2023
One may be surprised to learn that in 2020, according to a study on intangible assets undertaken by Ocean Tomo (Intangible Asset Market Value Study - Ocean Tomo), 90% of the value of S&P 500–listed companies was accounted for by intangible assets, such as rights, intellectual property (IP), data, goodwill and software, as opposed to actual physical objects.
SpicyIP
NOVEMBER 20, 2023
We’re pleased to inform you that Third World Network (TWN) is organizing a one-hour discussion (with Q&A) on “How Patent Monopolies on Biologics and Vaccines Work” on November 22. The discussion is free and open to all to attend. For further details, please see the announcement below: Webinar on “How Patent Monopolies on Biologics and Vaccines Work” Third World Network invites you to a one-hour discussion (with Q&A) on intellectual property monopolies on biologics
JD Supra Law
NOVEMBER 20, 2023
Brands know full well the cost of defending baseless trademark infringement allegations. Even suits that fail to pass the smell test can still lead to eye-watering fees. Winning an easy case on summary judgment still means discovery, document vendors, possibly experts, and complex briefing to analyze eight or more factors in a likelihood of confusion test.
Likelihood of Confusion
NOVEMBER 20, 2023
It’s a blog, and naturally we’re flattered to be linked. But boy, isn’t this a fairly scary prospect — IP law broken out by circuit? Come on, this supposed to. The post Sixth Circuit IP appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
NOVEMBER 20, 2023
A federal district court judge has thrown out most of the claims that a group of artists asserted against artificial intelligence (AI) platforms that they claim used their work without permission. The case is Andersen et al. v. Stability AI Ltd.
IP Watchdog
NOVEMBER 20, 2023
The U.S. Supreme Court today denied a petition that asked it to consider whether the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) “construction of petitioner’s patent claim was unforeseeable and unjustifiable under the circuit’s prior decisions,” thereby constituting a judicial taking of property in violation of the Fifth Amendment’s Takings Clause.
JD Supra Law
NOVEMBER 20, 2023
The rapid advancement of artificial intelligence (AI) is revolutionizing industries across the globe and transforming the way we live and work. As AI continues to grow in popularity, a fascinating trend is emerging in parallel: a rise in AI patent applications.
Corsearch
NOVEMBER 20, 2023
For pharmaceutical companies, name confusion is a critical risk to consumers and patients. And with name saturation increasing, the likelihood of confusion continues to grow. Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. As more and more names are registered, fewer are available for use.
JD Supra Law
NOVEMBER 20, 2023
In our PTAB Spotlight Series, attorneys will share their valuable insights on PTAB practice today, the challenges and opportunities clients face, and the trends practitioners should follow. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
LexBlog IP
NOVEMBER 20, 2023
In a copyright case with evidence of actual copying, the U.S. District Court for the Northern District of Georgia nevertheless dismissed copyright infringement claims on summary judgment, holding that allegedly copied features of software code were not protected under the Copyright Act. It also dismissed related misappropriation of trade secret claims, leaving breach of contract as the only potential recourse at trial for the allegedly copied code.
JD Supra Law
NOVEMBER 20, 2023
On November 15, 2023, Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal designated as precedential the Patent Trial and Appeal Board’s (PTAB) final written decision in Penumbra, Inc. v. RapidPulse, Inc. The decision, which issued in March 2023, held that the US Court of Appeals for the Federal Circuit’s framework in Dynamic Drinkware, LLC v.
Intepat
NOVEMBER 20, 2023
Innovation, born of human creativity and critical thinking, is a testament to the immense effort and knowledge invested by individuals in the creation of meaningful works. Intellectual property stands as a tribute to such endeavors, with copyright emerging as a unique category within this realm. Copyright, defined as the exclusive right granted to the creator for their intellectual labor, holds significance in the legal domain.
JD Supra Law
NOVEMBER 20, 2023
In almost every claim construction, the courts make their claim construction ruling largely based on the intrinsic evidence – the claims, specification and prosecution history. However, the Federal Circuit (CAFC) bucked this trend on November 7th, 2023, vacating an infringement judgment against Mylan in the Northern District of West Virginia. The CAFC remanded the case for the district court to consider extrinsic evidence in the form of chemistry textbooks to establish the meaning of the claim.
LexBlog IP
NOVEMBER 20, 2023
IPNews® – A dispute has broken out between two legal services companies over the AMERICAN DREAM trademark. The American Dream US Greencard Service GmbH has filed a Trademark Cancellation against the American Dream Law Office PLLC. While the American Dream Law Office owns a trademark registration, the American Dream US Greencard Service claims prior use.
JD Supra Law
NOVEMBER 20, 2023
In what was an otherwise run-of-the-mill affirmance of a decision by the Patent Trial and Appeal Board (PTAB) (albeit somewhat noteworthy in affirming the Board's determination that the challenged claims were not invalid), the Federal Circuit heard but deigned not to consider the question of whether claims to methods for achieving a therapeutic outcome needed to be supported by a showing of actual reduction to practice (i.e., that the method had been shown to be operative for the claimed result)
Indiana Intellectual Property Law
NOVEMBER 20, 2023
The U.S. Trademark Office issued the following 177 trademark registrations to persons and businesses in Indiana in October 2023 based on applications filed by Indiana trademark attorneys: Reg. Number Word Mark 7188397 KINGDOM ROOFING SYSTEMS 7184867 TRUE ESSENCE 7184446 TRUE ESSENCE 7202013 NATE & NATTY 7201936 CHERRY RUSH 7201492 TIMTUSK 7201412 BIG TINE PROTEIN PLUS 7200674 NDO NO DAYS OFF 7200673 NO DAYS OFF 7200456 7200396 K9 ANGELS THERAPY DOGS 7200170 ARTISTRY 7200143 AA 7200073 RECON
JD Supra Law
NOVEMBER 20, 2023
The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game. However, this does not mean the image of a character can never be eligible for trademark protection. Instead, registrants will need to carefully evaluate circumstances where trademark protection is applicable to a character associated with their product or services, as well as.
Biswajit Sarkar Copyright Blog
NOVEMBER 20, 2023
Introduction The Eurasian Economic Union is an economic union of states located in Central and Northern Asia and Eastern Europe. It was created in 2015. The cooperation of the Member States of the Eurasian Economic Community in the field of protection and enforcement of intellectual property rights is carried out in the following main directions: 1) Support for scientific and innovative development; 2) Improvement of the mechanisms of commercialization and use of intellectual property; 3) Creati
JD Supra Law
NOVEMBER 20, 2023
On October 6, 2023, the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) making changes to the Patent Trial and Appeal Board’s (“PTAB”) internal circulation and review of decisions. The purpose of the proposed rule is to “promote consistent, clear, and open decision-making processes while protecting judicial independence and increasing transparency of USPTO processes.”.
IP Watchdog
NOVEMBER 20, 2023
The Lanham Act provides for special remedies in cases of trademark infringement “involving” the use of a “counterfeit” mark. 15 U.S.C. § 1117(b), (c); 15 U.S.C. § 1127. Absent “extenuating circumstances,” if the use of a counterfeit mark is intentional and knowing, the Act requires entry of judgment of three times the amount of actual damages or profits found, as well as an award of attorney’s fees. 15 U.S.C. § 1117(b).
JD Supra Law
NOVEMBER 20, 2023
Thanksgiving is the start of the holiday season, a beloved time of the year where family and friends gather over delicious meals to share and create memories and to express love and gratitude. Thanksgiving also commences the annual Thanksgiving showdown, when silent (or not so silent) competitiveness emerges in the kitchen and beyond.
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