Mon.Jul 08, 2024

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Why YouTube’s Erase Song Feature Could Be a Game Changer

Plagiarism Today

YouTube has updated its erase song feature. Soon, users can surgically remove a copyright-claimed song. Here's why it's a big deal. The post Why YouTube’s Erase Song Feature Could Be a Game Changer appeared first on Plagiarism Today.

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The USPTO’s Trademark Trial and Appeal Board, Explained

Erik K Pelton

The following is an edited transcript of my video What is the TTAB? The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office made up of more than 20 administrative judges who primarily decide two types of cases: appeals of final refusals (ex parte appeals) or inter partes cases, which are generally oppositions to pending applications or cancellations of existing registrations.

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3 Count: Enough Miami

Plagiarism Today

School shooter's writing will not be released due to copyright, Cardi B sued over Enough (Miami), and YouTube rolled out a Content ID upgrade. The post 3 Count: Enough Miami appeared first on Plagiarism Today.

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Z-Library Admins “Escape House Arrest” After Judge Approves U.S. Extradition

TorrentFreak

On November 4, 2022, the United States Department of Justice and the FBI began seizing Z-Library’s domains as part of a major operation to shut down the infamous ‘shadow library’ platform. A criminal investigation had identified two Russian nationals, Anton Napolsky and Valeriia Ermakova, as the alleged operators of the site. On October 21, 2022, at the U.S.

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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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Cellect: Unveiling the Potential Impact on Patent Term Adjustment

Patently-O

by Dennis Crouch Many have been thinking of the potentially large impact of Cellect v. Vidal , which is now pending before the Supreme Court. This week I uncovered striking data that a very large number of patents have been impacted. Some background : Many patentees divide their patents into multiple filings all based on the same original priority application.

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Anna’s Archive Faces Millions in Damages and a Permanent Injunction

TorrentFreak

Anna’s Archive is a meta-search engine for shadow libraries that allows users to find pirated books and other related sources. The site launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. criminal crackdown, to ensure continued availability of ‘free’ books and articles to the broader public. Late last year, Anna’s Archive expanded its offering by making information from OCLC’s proprietary WorldCat database available online.

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My brand of humor – No. 2 – Jim Gaffigan

Likelihood of Confusion

Originally posted 2017-11-27 11:10:41. Republished by Blog Post PromoterThe first installment of this new feature excerpted Gary Gulman’s assault on soft-brand drinks. Jim Gaffigan’s assault on consumer brands is pretty unrelenting too, and — the purpose of this feature — makes me wonder what the folks in brand management do when bits such as these […] The post My brand of humor – No. 2 – Jim Gaffigan appeared first on LIKELIHOOD OF CONFUSION™.

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Patent Holder Drops VoIP Suits Against Capital One, Fidelity

IP Law 360

A small company that owns a voice recognition technology patent has agreed to drop its lawsuits in Texas federal court against Capital One and Fidelity.

Patent 98
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[Video] No Password Required: MITRE Engage Lead, Innovator in Cyber Deception, and Dance Community Builder

JD Supra Law

Maretta Morovitz is the Engage Lead at MITRE, where she simplifies the planning of adversary engagement for cyber defenders. Maretta likens her cyber defense work to the movie Home Alone, setting a series of traps for the cyber adversary akin to those of Kevin McCallister. Maretta began her career at MITRE with an internship, where she met her mentor, Dr.

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The Biggest Patent Rulings Of 2024: A Midyear Report

IP Law 360

The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.

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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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Global Growth In GenAI Patenting Activity

JD Supra Law

Between 2014-2023, China has filed more patent applications (38,000) covering Generative AI (GenAI) technology than another other country, six times more than second place United States, as reported by the World Intellectual Property Organization (WIPO) Generative Artificial Intelligence Patent Landscape Report (“Report”). GenAI, or Generative AI, creates content including text, images, music or software code, powering a range of industrial and consumer products, including chatbots such as.

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federal preemption for airlines doesn't extend to Delta's "carbon neutral" ads

43(B)log

Berrin v. Delta Air Lines, Inc., 2024 WL 3304815, No. 2:23-cv-04150-MEMF-MRW (D.C. Cal. Mar. 28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, confusingly enough), though that wasn’t the end of the inquiry. Since March 2020, Delta has repeatedly touted itself as “the world’s first carbon-neutral airline.

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The Rise of GenAI in Personalized Medicine and Beyond

JD Supra Law

GenAI, or Generative AI, has seen a surge in patenting activity with China leading the way in filing patent applications for this technology. The landscape analysis by WIPO reveals Tencent, Ping An Insurance Group, and Baidu as the top filers of GenAI patents, with Chinese organizations dominating the scene. (World Intellectual Property Organization (WIPO) (2024).

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UPC Issues Injunction in Bold First Decision on the Merits

IP Watchdog

Thirteen months after it opened for business, Europe’s Unified Patent Court (UPC) has issued its first decision on the merits. On July 3, 2024, the Düsseldorf Local Division released its decision in Franz Kaldewei v Bette UPC_CFI_7/2023, issuing cross-border injunctive relief and a provisional award of damages enjoining the defendant from continuing infringement.

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A Dive Into Intellectual Property Liability for E-Commerce Platforms

JD Supra Law

Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition have contributed to this trend, as many retailers have also expanded their online presence to meet the growing demand for virtual shopping experiences.

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June 2024 Roundup of Copyright News

Copyright Alliance

In June, Congress was busy with copyright hearings and other activities, and many courts remained busy with many copyright cases on their dockets. Here is a quick snapshot of some […] The post June 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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EV Trade Secret Litigation Continues to Boom with Tesla Suing it Supplier Over EV Battery Technology Theft

JD Supra Law

The rise in trade secrets litigation in the electric vehicle (“EV”) sector continues with Tesla filing another lawsuit: this time against its own equipment supplier. On June 14, 2024, Tesla filed a complaint in the Northern District of California against Matthews International Corp. for trade secret misappropriation, along with breach of contract and unfair business practices.

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USPTO Furthers Fight Against Smartflash In FOIA Case

IP Law 360

The U.S. Patent and Trademark Office has again said that it shouldn't have to turn over documents an inventor is seeking about Patent Trial and Appeal Board reviews of his patents, saying that doing so would harm its ability to respond to public information requests.

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Fed. Circ. Offers Guidance on Right to Repair in Patent Law

JD Supra Law

For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale repairs, rather than going to a less expensive independent repair company. Originally published in Law360 on April 5, 2024.

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Family Adoptions in Ontario

Nelligan Law

Reading Time: 2 minutes Types of Adoptions In Ontario, there are four types of adoptions: International adoption: Adoption of a child who lives outside of Canada (this includes a relative). Public adoption : Adoption of a child who is in the permanent care of the Children’s Aid Society. Private domestic adoption: Adoption of a child using a private adoption agency or an individual licensed by the government.

Law 59
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[Video] 3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages

JD Supra Law

Kilpatrick’s Ted Mayle and Kevin Bell recently presented “What Corporate Counsel Need to Know About Patent Damages” at the ACC Colorado In House Counsel Forum. With reports of nine-figure jury awards in patent cases being almost commonplace, corporate counsel need a comprehensive understanding of patent damages to effectively navigate intellectual property disputes and protect their company’s interests.

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SpicyIP Weekly Review (July 1-July 7)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the DHC’s direction to frame a code of conduct for Patent and Trademark Agents, MHC’s decision on prior arts, and the settlement between Dabur and Dhruv Rathee of their trademark and copyright dispute. This and much more in last week’s SpicyIP weekly review.

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Federal Circuit Upends Obviousness Test for Design Patents, Leaving Uncertainty and Potential Opportunity

JD Supra Law

On May 21, 2024, the Federal Circuit upended decades of precedent regarding design patents in its decision LKQ Corporation v. GM Global Technology Operations LLC. Sitting en banc, a panel of Federal Circuit judges overturned the Rosen-Durling standard for obviousness for design patents in favor of a more “flexible” approach utilized in utility patent decisions.

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The Law Bytes Podcast, Episode 208: Will Page on Why the CRTC’s Bill C-11 Ruling is Discriminatory and May Ultimately Hurt the Canadian Music Market

Michael Geist

The recent CRTC Bill C-11 decision mandating that streaming services pay 5 percent of their revenues has left seemingly everyone unhappy and has sparked multiple legal challenges. While much of the focus has been on video streaming, music was a core part of Bill C-11 and the implications for music streaming services may be the most pronounced. Will Page is the perfect person to unpack these issues.

Music 56
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Time May Not Be on Your Side: Judge Ho Allows the Addition of New Parties Discovered During Stay

JD Supra Law

Defendants in patent cases should be wary of the possibility that a plaintiff will attempt to add new defendants after a stay for inter partes review is lifted. In a pending case involving patents directed to “space partitions,” Judge Ho (S.D.N.Y.) permitted Plaintiff Molo Design, Ltd. to do just that. Judge Ho reasoned that Defendant Chanel, Inc. would not be unduly prejudiced if two French companies identified during the stay as having worked with Chanel were added as defendants.

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Department of Commerce Calls for Nominations for the 2024 Sustainability, Energy, and Environmental (SEE) Ambassadors Program

U.S. Department of Commerce

Department of Commerce Calls for Nominations for the 2024 Sustainability, Energy, and Environmental (SEE) Ambassadors Program July 8, 2024 KCPullen@doc.gov Mon, 07/08/2024 - 09:10 The Department of Commerce is calling for nominations for the 2024 Sustainability, Energy, and Environmental (SEE) Ambassadors program. The SEE Ambassadors program recognizes individual Departmental employees for outstanding performance in implementing exceptional projects and/or programs helping the Department meet s

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District Court Injects Six Errors into Four-Factor Preliminary Injunction Test 

JD Supra Law

Insulet Corp. v. EOFlow, Co. Ltd., 2024-1137 (Fed. Cir. June 17, 2024) - The Court of Appeals for the Federal Circuit (“CAFC”) recently reversed the U.S. District Court for the District of Massachusetts (“District Court”)’s grant of a preliminary injunction against EOFlow, a medical device manufacturer that makes insulin pump patches.

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Biotech Slaps Intellia With IP Suit Over $100M Regeneron Deal

IP Law 360

Biotechnology company BlueAllele Corp. sued Intellia Therapeutics Inc. in Delaware federal court Monday, claiming the rival has infringed on three of its patents related to gene editing and using its invented technology to reap over $100 million under a deal with another biotech, Regeneron Pharmaceuticals Inc.

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179 Trademark Registrations Issued to Indiana Entities in June 2024

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 179 trademark registrations to persons and businesses in Indiana in June 2024 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 7404836 MN 7409773 FINANCIAL SERVICES BUILT FOR HARDWORKING PEOPLE 7430759 INDIANA ANESTHESIA SOLUTIONS 7417920 ADDICTIVELY TOXIC 7417161 THANK YOU FOR BEING SUCH AN IMPORTANT PIECE OF MY STORY 7422200 WEBSTONE 7415835 CONNECT MINI 7422132 PRO PAL 741

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NBC Settles IP Suit Over Documentary Of Landscaping Co.

IP Law 360

NBC has reached a deal in a copyright infringement suit in New York federal court brought by the owners of a video showing Rudy Giuliani claiming voter fraud in the 2020 presidential election, which was originally posted on YouTube before some of it appeared in a half-hour NBC documentary about how the press conference affected Four Seasons Total Landscaping.

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Department of Commerce Calls for Nominations for the 2024 Sustainability, Energy, and Environmental (SEE) Ambassadors Program

U.S. Department of Commerce

Department of Commerce Calls for Nominations for the 2024 Sustainability, Energy, and Environmental (SEE) Ambassadors Program July 8, 2024 KCPullen@doc.gov Mon, 07/08/2024 - 09:10 The Department of Commerce is calling for nominations for the 2024 Sustainability, Energy, and Environmental (SEE) Ambassadors program. The SEE Ambassadors program recognizes individual Departmental employees for outstanding performance in implementing exceptional projects and/or programs helping the Department meet s

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5th Circ. Unstrings Gibson's Win In Guitar Design TM Fight

IP Law 360

Gibson must retry its case alleging a rival guitar maker sold counterfeit instruments that infringed its trademark on the Flying V guitar and other iconic models, the Fifth Circuit ruled Monday, saying the district court improperly excluded evidence.

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Precedential No. 14: TTAB Affirms Two Expungement Decisions Based on Nonuse of SMARTLOCK for Evaporative Air Coolers

The TTABlog

In this appeal from final refusals issued in two expungement proceedings, the Board affirmed the USPTO Director's decision to cancel registrations for the mark SMARTLOCK , in standard character and design form, for "Components for air conditioning and cooling systems, namely, evaporative air coolers." The Board found that Registrant Locus Link USA never used the mark in connection with "evaporative air coolers," and rejected Locus Link's interpretation of the identification of goods.

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Biotech Co. Alleges Arbitrator Conflict In Patent Award Fight

IP Law 360

Pennsylvania-based biotechnology company Renmatix Inc. is urging the Delaware Court of Chancery to nix an arbitral award favoring Finnish company UPM-Kymmene Corp. in a long-running patent dispute, pointing to an allegedly undisclosed conflict of interest involving the Finnish company's counsel at DLA Piper.

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plausible critiques of "clinically proven" suffice to plead false advertising

43(B)log

Noriega v. Abbott Laboratories, F.Supp.3d -, 2024 WL 402925, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Feb. 2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” The packaging claim also contains an asterisk directing a consumer to a statement on the labeling that reads, in smaller font: “Studied in children at risk of malnutrition.