Plagiarism Today
SEPTEMBER 2, 2022
1A few weeks ago, we took a look at the first 100 cases filed with the Copyright Claims Board (CCB), the recently launched copyright small claims court in the United States. There, we noticed several patterns. The majority of cases were self-represented, a plurality of them involved photographic/visual works, and most dealt with infringements that were ongoing.
Erik K Pelton
SEPTEMBER 2, 2022
The following is an edited transcript of my video Brand Protection Cheat Sheet. I like to have visual aids when explaining topics, so I came up with the cheat sheet below for new brands to go through the basic steps for trademark protection and for building a bold brand. It’s six short, simple steps to ensure that a new brand will be on its way to having a strong foundation.
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TorrentFreak
SEPTEMBER 2, 2022
In 2017, Cloudflare CEO Matthew Prince decided to terminate the account of the controversial neo-Nazi site Daily Stormer. “I woke up this morning in a bad mood and decided to kick them off the Internet,” he wrote at the time. The company’s lawyers later explained that the move was meant as an “intellectual exercise” to start a conversation regarding censorship and free speech on the internet.
McKinsey Operations
SEPTEMBER 2, 2022
What does the future of work look like in Asia? How can leaders adapt to accommodate their employees’ wants and needs, attract new talent, and still ensure productivity?
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
SEPTEMBER 2, 2022
The decision whether to pirate content or pay for it is ultimately a personal choice influenced by any number of factors. From content availability to the ability to pay, from wanting content now or being forced to wait, the scales can easily tip one way or the other. By emphasizing the benefits of legal consumption and elevating public perception of risk, anti-piracy groups try to tip the scales in favor of rightsholders.
Olartemoure Blog
SEPTEMBER 2, 2022
09/01/22 – Privacy. Recently, two delegations of the Superintendence of Industry and Commerce (“SIC”) started investigating a parallel company for alleged violations to the Consumer Protection Regulation and the Personal Data Protection Regime. The infractions that the Consumer Protection Office is investigating are the following: the provision of misleading information to consumers; quality failures in the service; abusive clauses; not having PQRS attention mechanisms; an
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The Illusion of More
SEPTEMBER 2, 2022
Among the amici who filed briefs in Hachette v. Internet Archive is former law professor and library director Michelle Wu, who, as the brief states, “…is recognized by many as the originator of the legal theory underlying controlled digital lending (“CDL”) ….” With her brief, Wu seeks to defend CDL as a doctrine and asks […]. The post Brief in Defense of CDL Indicts Internet Archive and CDL appeared first on The Illusion of More.
JD Supra Law
SEPTEMBER 2, 2022
Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), designated precedential in 2017, sets forth seven factors to be considered before discretionarily denying subsequent IPR petitions challenging the same patent. The PTAB analyzed those factors and discretionarily denied petitions filed in Code 200, UAB, et al. v.
IP Law 360
SEPTEMBER 2, 2022
A Florida federal jury awarded a real estate investment company and media network more than $37.5 million on Thursday over claims that competitors undertook a campaign to smear it via web and email by using registered trademarks and engaging in a racketeering conspiracy.
JD Supra Law
SEPTEMBER 2, 2022
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013 newsletter for information as to what the Sunrise period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.
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.
IP Law 360
SEPTEMBER 2, 2022
Britain's highest court will hear a researcher's high-profile attempt to get an artificial intelligence listed as an inventor on a patent application as he pursues his global IP litigation campaign.
JD Supra Law
SEPTEMBER 2, 2022
On August 17, 2022, the Federal Court, per Justice Fothergill, dismissed AbbVie’s applications for judicial review of the Minister of Health’s decisions that (1) JAMP was not a “second person” and therefore it was not required to address the patents listed on the Patent Register and (2) notices of compliance (NOCs) could issue for JAMP’s SIMLANDI, a biosimilar of AbbVie’s HUMIRA (adalimumab): AbbVie v Canada (Health) and JAMP, 2022 FC 1209.
IP Law 360
SEPTEMBER 2, 2022
President Joe Biden is nominating a Montana law professor and former state solicitor to a vacancy on the Ninth Circuit and also tapping eight new district court nominees in six states, the White House announced Friday.
JD Supra Law
SEPTEMBER 2, 2022
There was a global semiconductor shortage throughout the COVID-19 pandemic that severely disrupted supply chains across many industries, highlighting, more than ever, that semiconductors are an essential component to contemporary life.
Michael Geist
SEPTEMBER 2, 2022
Earlier this week, Liberal MP Anthony Housefather called on all 338 Members of Parliament to say something about the need to combat anti-semitism and to express concern about the government’s funding of an anti-semite as part of its anti-hate program. At that point, there were few MPs who had spoken publicly, leaving the issue largely to Jewish MPs to express concern.
IP Law 360
SEPTEMBER 2, 2022
Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.
Likelihood of Confusion
SEPTEMBER 2, 2022
First published on June 27, 2013. The situation with attorneys’ fees in “exceptional cases” under the Lanham Act is, to put it mildly, not clear. I’ve written about it. The post Best of 2013: Lanham Act attorneys’ fees: Good to know appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
SEPTEMBER 2, 2022
The Patent Trial and Appeal Board's decision not to review a Skillz Platform gaming patent because it had been invalidated separately by a California federal judge has caught the eye of U.S. Patent and Trademark Office Director Kathi Vidal, who announced Friday that she'll be reviewing the decision.
The TTABlog
SEPTEMBER 2, 2022
The July-August 2022 issue of The Trademark Reporter [pdf here ], as described by Willard Knox, Editor-in-Chief, "offers readers a first for the TMR : an article co-authored by a neuroscientist and a brand lawyer on how neuroscience can make a unique contribution to understanding trademarks and how they function and perhaps provide practitioners with new tools for measuring trademark significance.
IP Law 360
SEPTEMBER 2, 2022
The past week in London has seen blockchain fintech blackfridge launch an intellectual property claim against rival crypto company Tether, Thames Valley Eggs crack open a competition claim against its former director, and Dechert’s former head of white-collar crime face fresh legal action after he lied about leaking clients’ confidential information.
McKinsey Operations
SEPTEMBER 2, 2022
Companies can identify green growth opportunities and move boldly to take advantage of them.
43(B)log
SEPTEMBER 2, 2022
Suski v. Marden-Kane, Inc., 2022 WL 3974259, No. 21-cv-04539-SK (N.D. Cal. Aug. 31, 2022) This is a lawsuit arising from Coinbase’s $1.2 million Dogecoin (DOGE) sweepstakes in June 2021. The court dismisses some of the claims despite rejecting arbitration and deeming the class waiver in the contest rules unconscionable. In essence, plaintiffs alleged that the sweepstakes was misleading about whether buying/trading was required to enter, and asserted claims based on California Penal Codes §§ 319
IP Watchdog
SEPTEMBER 2, 2022
On September 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Patent Trial and Appeal Board (PTAB) finding that the PTAB did not improperly place the burden of persuasion for proving unpatentability of proposed substitute claims raised sua sponte by the Board on Nike and that substantial evidence supports the PTAB’s obviousness analysis.
43(B)log
SEPTEMBER 2, 2022
With Mark Lemley, available here. It argues that strict scrutiny applies to right of publicity claims against noncommercial speech, and that it does not violate the right of publicity to advertise the existence of a work of information that involves no invasion of privacy, invasive data collection, or defamation. [link].
IP Law 360
SEPTEMBER 2, 2022
Benesch Friedlander Coplan & Aronoff has expanded its San Francisco office by adding a former Quinn Emanuel Urquhart & Sullivan LLP intellectual property litigator as a partner.
IAM Magazine
SEPTEMBER 2, 2022
P&G’s John M Lipchitz reflects on an employment discrimination case in Massachusetts involving his mother
LexBlog IP
SEPTEMBER 2, 2022
In Tris Pharma Inc. v. Actavis Laboratories FL, Inc. , No. 21-1495 (Fed. Cir. July 7, 2022) (non-precedential), the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the district court’s holding that Actavis failed to show that the challenged claims would have been obvious. Read more.
IP Law 360
SEPTEMBER 2, 2022
Vital Pharmaceuticals Inc. CEO Jack Owoc continued his pugnacious turn on the witness stand Friday in a California federal trial over false advertising claims brought by Monster Energy Co., verbally sparring with Monster's attorney while denying that "super creatine" in Vital's Bang energy drink is key to its meteoric success.
LexBlog IP
SEPTEMBER 2, 2022
The artworks stolen by the Nazis are the last prisoners of World War II. – Ronald Lauder, Woman in Gold. Ferdinand Bloch-Bauer was a wealthy sugar magnate in Vienna, Austria where his six Gustav Klimt paintings were housed. His wife, Adele Bloch-Bauer, was the subject of two of the paintings. On March 12, 1938, the Nazis invaded and claimed to annex Austria.
The IP Law Blog
SEPTEMBER 2, 2022
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an author’s copyright lawsuit against Fox and the producers of ‘Empire,’ alleging one of the show’s characters was inspired by her biography. Listen to this podcast episode here.
LexBlog IP
SEPTEMBER 2, 2022
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an author’s copyright lawsuit against Fox and the producers of ‘Empire,’ alleging one of the show’s characters was inspired by her biography. Listen to this podcast episode here.
BYU Copyright Blog
SEPTEMBER 2, 2022
We previously reported on this case in July 2021, May 2020, and November 2019. The case concerned a picture book embodying an elaborate mashup of Star Trek characters and tropes with illustrations and lyrical elements from the late Dr. Seuss's famous storybooks, particularly Oh, the Place You'll Go. Dr. Seuss Enterprises, L.P. ("Seuss"), the successor to the author's intellectual property interests, filed suit against ComicMix LLC, the creator of the mashup, for both copyright and trademark infr
LexBlog IP
SEPTEMBER 2, 2022
2022 continues to be the Year of the Review for consumer protection law enforcers. We have seen several cases already this year, and the latest suit has the added bonus of the Federal Trade Commission (FTC) teaming up with a bipartisan group of six states to sue one company and three individuals. The company of the day is Roomster , a platform that connects people with roommates or rental properties.
IP Law 360
SEPTEMBER 2, 2022
Western District of Texas' U.S. District Judge Alan Albright on Thursday appeared largely unimpressed by Intel's objections to discovery requests that followed the tech giant's efforts to transfer a patent lawsuit against it out of his court.
LexBlog IP
SEPTEMBER 2, 2022
“It’s all in your head but I own it anyway.” It’s a tough argument to make, let alone swallow, and, fortunately, it has been recently rejected by two federal courts in cases that follow an increasingly common fact pattern: an employee abides by their restrictive covenant but goes on to compete against their former employer after the covenant expires.
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