Mon.Sep 30, 2024

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The Bitter Trademark Battle Over WordPress

Plagiarism Today

Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on. The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today.

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Google Wins Lawsuit Against Scammers Who ‘Weaponized’ DMCA Takedowns

TorrentFreak

The DMCA takedown process allows rightsholders to request the removal of infringing material from online platforms. It’s a powerful, widely-used tool that results in millions of URLs and links being taken down daily. While often justified, some DMCA takedown requests are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.

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3 Count: SESAC Dispute

Plagiarism Today

SESAC dispute with YouTube gets videos pulled, authors get to depose Mark Zuckerberg and Nelly bandmates sue. The post 3 Count: SESAC Dispute appeared first on Plagiarism Today.

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USPTO Issues Final Rule on Director Review Process, Scraps After Final Consideration Pilot

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) has finalized its rule formalizing the interim Director Review process the Office has been following for Patent Trial and Appeal Board (PTAB) decisions under the America Invents Act (AIA) since the Supreme Court’s Arthrex v. Smith & Nephew decision. In July 2021, the USPTO announced that it would be implementing an interim rule at the agency in response to the late June 2021 decision in Arthrex v.

Invention 105
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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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Do I have PTSD following an accident?

Nelligan Law

Reading Time: 2 minutes What is PTSD? PTSD is a psychological response to trauma that disrupts a person’s ability to function normally. It can be triggered by witnessing or experiencing a traumatic event, such as an accident. While not everyone who experiences trauma develops PTSD, for some, the emotional aftermath lingers, often for years. Common Signs of PTSD PTSD can manifest in various ways, and its symptoms often fall into the following four main categories: Intrusive Memories:

Law 101
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Siemens Will Pay $104M For Stealing GE, Mitsubishi Secrets

IP Law 360

Siemens Energy on Monday pled guilty to wire fraud and agreed to pay $104 million to put to rest federal prosecutors' case accusing the company of misappropriating the confidential information of General Electric and Mitsubishi, a plea deal that comes after multiple former Siemens executives pled guilty in related cases.

More Trending

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Medical Device Co. Wins $25M Verdict In Poaching Trial

IP Law 360

Medical device company Cynosure won a $25 million jury award following a weekslong trial in Massachusetts federal court on its claims that a rival business raided its sales and marketing talent and caused the employees to breach their noncompete and nonsolicitation agreements.

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Ukrainian IP Office registers works incorporating AI-generated content protected under new sui generis right

The IPKat

The Ukrainian IP Office recently announced that it has registered several works that, in addition to copyrightable content, also included artificial intelligence (AI) generated images protected under the new Ukrainian sui generis right for computer-generated subject-matter. The first registered work is a book with a collection of images titled “Easter cards”, where AI-generated images are included.

IP 83
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Consumers Who Don’t Read “Clickwraps” Are Still Bound By Them–Toth v. Everly Well

Technology & Marketing Law Blog

Raise your hand if this could describe you too: Joyce Toth clicked on a checkbox indicating that she read and accepted certain terms and conditions, which were contained in a linked “User Agreement.” Her representation was only half true. Toth, like countless consumers before her, did not read the terms and conditions that she ostensibly accepted.

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Gaming or Gambling?

IP and Legal Filings

Introduction India is a country where sports such as cricket, football are very famous among people and sports is also used as source of earning by many of them by the way of betting. Although sport betting and game fixing is banned in India the modern day fantasy gaming app allows the user to make teams and place bets with the help of these apps under the name of game of skill and because of this these apps are allowed to operate currently in India.

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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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New California Law Will Require AI Transparency and Disclosure Measures

JD Supra Law

On September 19, 2024, California Governor Gavin Newsom signed into law the California AI Transparency Act, which will require providers of generative artificial intelligence (AI) systems to: (a) make available an AI detection tool; (b) offer AI users the option to include a manifest disclosure that content is AI generated; (c) include a latent disclosure in AI-generated content; and (d) enter into a contract with licensees requiring them to maintain the AI system’s capability to include such a.

Law 75
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“All Right” for Who? Assessing the Jasleen Royal and T-Series Recent Copyright Controversy

SpicyIP

In light of the recent copyright dispute between singer Jasleen Royal and music label T-Series over the composition of the song “All Right”, we are pleased to bring to you this quick post by SpicyIP intern Mansi Bhatia. Mansi is a law student at Institute of Law, Nirma University. Jasleen Royal. Image from here. “All Right” for Who?

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MarkIt to Market® – September 2024: Expanding Horizons: Potential Expansion of IP Rights for High-THC Cannabis Varieties

JD Supra Law

In the United States, the intellectual property rights system for plants is multifaceted, encompassing utility patents, plant patents, trademarks, and Plant Variety Protection (PVP) Certificates. These mechanisms offer different types of protection and are not mutually exclusive. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Is it Time to Abolish the Federal Circuit? | IPWatchdog Unleashed

IP Watchdog

Over the last six months, only 6.3% of Federal Circuit actions have been precedential patent decisions. If so little of what the Federal Circuit is doing relates to patents, why do we need or want a “patent court”? Meanwhile, what decisions the Federal Circuit does issue are panel dependent and show not a care in the world about the court’s original mandate, which was to create a unified national patent law and recognize that at least some patents have to be valid and enforced.

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Intellectual Property Considerations For Startups – Types Of Intellectual Property

JD Supra Law

One of the key aspects of a successful start-up is the ability to leverage assets to raise capital for continued operation, growth, and expansion. Traditionally, the main assets of startups are innovations that require Intellectual Property protections, such as Patents, Trademarks, Copyrights, and/or Trade Secrets. Startups must comprehensively understand the types of intellectual property and fashion a forward-looking strategy to protect innovations utilizing intellectual property.

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EasyGroup given a hard time by English courts in trade mark infringement claims

The IPKat

In a recent decision ( [2024] EWHC 2282 (Ch) ) on trade mark revocation and infringement , the High Court of England & Wales (the Court) held that there was no likelihood of confusion between "easylife" marks, owned by the EasyGroup, and "easylive" marks. Background The Claimant, EasyGroup Ltd (EasyGroup), is part of the well-known "Easy" group of companies controlled by Sir Stelios Haji-Ioannou, the founder of easyJet.

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MarkIt to Market® – September 2024: Marijuana’s Potential Reclassification: What It Means for Brand Owners

JD Supra Law

There is a quite a lot of buzz around potential reclassification of marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). This reclassification, proposed by the DEA and backed by HHS, recognizes marijuana’s medical use and lower potential for abuse. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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The Law Bytes Podcast, Episode 214: Erin Millar on Trust in Media and the Implementation of the Online News Act

Michael Geist

Questions about trust in the media have escalated in Canada in recent months as with each error or questionable tweet, there is seemingly an inevitable chorus of concerns that raise doubts about the implications of government regulation and funding of the media. So where is the Online News Act at right now? What of the new collective designed to distribute the $100 million that Google agreed to pay in return for an exemption from mandated arbitration?

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Common Patent Litigation Defenses Insufficient To Justify Award Of Attorneys’ Fees

JD Supra Law

In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and remanded an award of attorneys’ fees to the defendants. Although the district court had determined the case was exceptional under 35 U.S.C. § 285 on the basis of six “red flags,” the Federal Circuit concluded that the red flags did not support an exceptional case finding and.

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TTABlog Quarterly Index: July - September 2024

The TTABlog

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. Section 2(a) - Deceptiveness: TTABlog Test: Is LEATHER MAN LTD & Design Deceptive for Belts Not Made of Leather?

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Creative License: The Sale and License-Back Structure Appeals to Investors and Brands in the United Kingdom - Katten Kattwalk | Issue 28

JD Supra Law

As challenging global market conditions linger, fashion brands and retailers in need of liquidity are exploring ways to extract cash from their brand portfolios without divesting entirely. In this article, we consider a popular approach in corporate transactions in the UK fashion industry.

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TTAB Posts October 2024 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three (III) oral hearings for the month of October 2024. As indicated below, two of the hearings will be held virtually and the third will be in-person at the USPTO's Madison East Building in Alexandria, Virginia. Briefs and other papers for each case may be found at TTABVUE via the links provided.

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California Enacts a Suite of New AI and Digital Replica Laws

JD Supra Law

On September 17, 2024, California Governor Gavin Newsom signed into law two key bills, AB 1836 and AB 2602, aimed at enhancing protections for performers, both deceased and living, in response to the increased adoption of generative artificial intelligence (AI).

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Plotagraph Seeks Supreme Court Review in Digital Animation Patent Eligibility Case

Patently-O

by Dennis Crouch On September 30, 2024, the Supreme Court held its long conference, and considered whether to grant certiorari in a number of pending patent cases, including the eligibility-focused petition in Eolas v. Amazon. As we await the outcome of that conference, I wanted to highlight another new elitibility petition. This one in Plotagraph v.

Patent 59
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JAMP seeks to bring abuse of dominance case re: STELARA

JD Supra Law

JAMP filed an application with the Competition Tribunal on July 26, 2024, seeking leave to bring an abuse of dominance case against Janssen relating to ustekinumab (Janssen’s STELARA).

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Checking in With Alice Part II: Takeaways and Predictions

IP Watchdog

As we learned in Part I of this article, district courts, the Federal Circuit and the U.S. Patent and Trademark Office (USPTO) routinely confront Alice issues in different ways and with different philosophies. As the volume of Alice jurisprudence grows, so too does our ability to understand important trends. Below we outline those trends that practitioners, particularly litigators, would be wise to pay close attention to.

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On the Stand With Kevin Meek

JD Supra Law

Kevin Meek litigates patent disputes in federal courts across the country, before the US International Trade Commission, and in post-grant proceedings before the US Patent and Trademark Office. He has led dozens of trials involving a wide variety of advanced technologies, including consumer products, complex software, and semiconductor and telecommunications applications.

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USPTO Hears Praise, Worry About Experimental Use Defense

IP Law 360

The U.S. Patent and Trademark Office's request for comment on whether legal precedent that experimental uses of patented inventions do not constitute infringement should be enshrined in a statute has drawn a variety of reactions, with both proponents and critics weighing in.

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Patent Poetry: Federal Circuit Vacates Ruling for Failing to Apply Presumption of Patent Validity

JD Supra Law

The Federal Circuit has vacated a District of Delaware ruling in a patent case which found that patent claims asserted by Astellas Pharma were invalid under 35 U.S.C. § 101 for being directed to an abstract idea. The Federal Circuit found that the district could had violated the presumption of validity that the court was supposed to apply under 35 U.S.C. § 282.

Patent 68
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Verizon Gets $847M Patent Verdict Set Aside, Wins New Trial

IP Law 360

Verizon Wireless and Ericsson will get another shot at convincing a Texas federal jury that they did not infringe intellectual property owned by a Dallas patent business, U.S. District Judge Rodney Gilstrap ruled Monday, setting aside a previous jury's $847 million verdict against the telecom giants.

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Recent Biosimilar Approvals By the FDA

JD Supra Law

Approval of Accord’s Trastuzumab Biosimilar: On September 18, 2024, Accord announced that the Food and Drug Administration (FDA) approved a 420 mg dosage of HERCESSI (trastuzumab-strf), a biosimilar to Genentech’s HERCEPTIN (trastuzumab), to treat HER2-overexpressing breast and gastric or gastroesophageal junction adenocarcinoma.

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Netflix Must Face Trimmed 'Baby Reindeer' Defamation Fight

IP Law 360

A California federal judge trimmed a Scottish lawyer's multimillion-dollar lawsuit alleging Netflix's popular stalker miniseries "Baby Reindeer" defamed her, tossing negligence and publicity claims but allowing the attorney's defamation and emotional distress allegations to proceed.

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Federal Circuit Rejects Timing Requirement for Expert Qualification Under Kyocera

JD Supra Law

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held that an expert must meet the definition of a “person of ordinary skill in the art” of the asserted patents in order to opine on infringement, among other issues. This new bright-line test and the underlying rationale, however, raised several new questions regarding expert admissibility.

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USPTO Locks In Director Review Rule, 3 Years After Arthrex

IP Law 360

U.S. Patent and Trademark Office Director Kathi Vidal issued a final rule Monday on the agency's process for having the director review certain Patent Trial and Appeal Board decisions, solidifying a mandate laid out by the U.S. Supreme Court three years ago.

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PTAB Issues First Post-LKQ Design Patent Decision

JD Supra Law

On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”), the PTAB applied the test pronounced by the Federal Circuit in LKQ Corp. v. GM Glob. Tech. Operations LLC, 102 F.4th 1280 (Fed.