The IPKat

MARCH 24, 2023

The Enlarged Board of Appeal (EBA) has released its written decision in G 2/21 on the question of post-published evidence. In G 2/21 , the EBA consciously avoids the rabbit hole of plausibility, dismissing it as a generic catch word that does not amount to a distinctive legal concept. For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.

Invention 130

Invention Patent Publishing Patent Law 130

U.S. Department of Commerce

MARCH 24, 2023

Women’s History Month: Impacting Innovation and Economic Growth March 24, 2023 KCPullen@doc.gov Fri, 03/24/2023 - 10:29 Investing in communities and workers By Brittany Sickler, Networks Program Manager, U.S. Economic Development Administration (EDA) Women’s History Month has always been an important time for me to consider the remarkable—and ordinary—stories in our country’s journey to equality.

Ownership 129

Ownership Technology Business Government 129

McKinsey Operations

MARCH 24, 2023

Resilience means understanding the criticality of a business process, the capability of the underlying technology, the business impact if the technology fails, and the organization’s risk tolerance.

Technology 115

Technology Business 115

TorrentFreak

MARCH 24, 2023

The InterPlanetary File System, more broadly known as IPFS , has been around for a few years now. While the name may sound a little alien to the public at large, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. A website using IPFS is served by a “swarm” of users in much the same way BitTorrent users share content with each other.

Copyright Infringement 113

Copyright Infringement Copyright Reporting 113

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.

Patent

JD Supra Law

MARCH 24, 2023

In the consumer brands industry, licensing makes the world go round. Licensing is critical in the consumer brand industry because many businesses make a large portion of their revenue from licensing their trademarked brands to others to use on their consumer products. However, what happens to a brand licensee if the trademark licensor that owns the brand files for bankruptcy?

Trademark 105

Trademark Licensing Branding Brands 105

TorrentFreak

MARCH 24, 2023

Italian consumers’ love for pirate IPTV services and the alleged damage suffered by broadcasters and the country’s world-famous clubs at the hands of those services, have been on a collision course for some time. Italy has operated an administrative pirate site-blocking program for years. It currently blocks around 3,200+ pirate domains, with telecoms regulator AGCOM sometimes issuing blocking instructions to ISPs within days of a rightsholder complaint.

Cinema 99

Cinema Law Copyright Copying 99

McKinsey Operations

MARCH 24, 2023

LA’s homelessness crisis is unlike any other. Solutions should be fact-based and mindful of diverse journeys of those experiencing homelessness—and businesses have a role in resolving the crisis.

Business 91

Business 91

JD Supra Law

MARCH 24, 2023

US Patent and Trademark Office (USPTO) Director Katherine K. Vidal recently designated as precedential a decision by the Patent Trial and Appeal Board (PTAB or Board) in IPR2020-01234, which granted rehearing and modified the final written decision. The decision interprets the language of the fifth paragraph of 35 U.S.C. § 112 to require that the Board consider separately the limitations of each claim incorporated by reference into a multiple dependent claim.

Patent 98

Patent Trademark Designs Design 98

The IPKat

MARCH 24, 2023

On Jan 11th, the General Court in T-346/21 – Hecht Pharma v EUIPO – upheld a decision that a trademark was not to be revoked as the proprietor had proved genuine use. In their ruling, the GC discussed what constitutes public and external use and the required nature and form to prove genuine use, and what counts as a “medicinal product” under Class 5 of the Nice Convention system of classification.

Trademark 84

Trademark Trademark Law Advertising Advertising 84

JD Supra Law

MARCH 24, 2023

The rapid rise of artificial intelligence (AI) and machine learning (ML) in biotechnology products and services is becoming a driver of the personalized medicine and health care sectors. While this integration can require special consideration during development of a patent portfolio, stakeholders across engineering, legal, and executive teams in both established companies and start-ups can leverage it to create valuable intellectual property (IP) assets in the marketplace.

Intellectual Property 98

Intellectual Property Invention IP Patent 98

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010. The Plaintiff is in the process of constructing the “Burj Noida” tower and owns several copyright registrations for BURJNOIDA, including for the shape of the planned building, as well as a trademark registration for.

Trademark 84

Trademark Copyright Infringement Registration Copyright 84

JD Supra Law

MARCH 24, 2023

Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the brand owner’s website—to compete with the brand owner, to attract attention to different offerings, or to disrupt their competitor’s business.

Trademark 98

Trademark Branding Brands Branding 98

IP Law 360

MARCH 24, 2023

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Bank of America is seeking to cancel a "Bitcoin Bank America" trademark registration owned by a cryptocurrency company owner who was charged for his alleged role in a fraud scheme connected to a COVID-19-era relief program — plus three other cases you need to know.

Trademark 75

Trademark Registration Branding Brands 75

JD Supra Law

MARCH 24, 2023

A great deal of news and public discussion has been fixated on the increasing popularity of generative AI — a category of artificial intelligence algorithms that can generate content (textual, visual, or audio) by “training” on vast quantities of preexisting data. Some generative AI models — including OpenAI’s ChatGPT and DALL-E models, as well as Midjourney and others — generate content in response to human-entered textual instructions, or prompts.

Copyright 98

Copyright 98

IP Law 360

MARCH 24, 2023

A Georgia federal judge rescinded Friday his same-day order for two Georgia wholesalers to permanently dissociate from the Top and Job brands of cigarette rolling papers and affiliated products, following a counterfeiting trial in which the companies were slapped with $2.3 million in damages.

Branding 75

Branding Brands Branding 75

JD Supra Law

MARCH 24, 2023

On Monday, March 27, 2023, at 10:00 a.m. EDT, the Supreme Court of the United States will hear oral arguments in Amgen Inc. v. Sanofi, No. 21-757. William H. Milliken, a director in Sterne Kessler’s Trial & Appellate Practice Group and co-chair of the firm's appellate practice, will be live tweeting color commentary from the firm’s account, @sternekessler.

Patent 97

Patent 97

IP Law 360

MARCH 24, 2023

Four foreign-owned e-commerce stores have agreed to stop using the trademarks of Harry Styles and selling a wide variety of counterfeit products bearing his name, including "any reproductions, counterfeit copies or colorable imitations," according to a consent judgment signed off by an Illinois federal judge.

Trademark 75

Trademark Copying 75

JD Supra Law

MARCH 24, 2023

The Supreme Court is set to hear oral arguments in Amgen, Inc. v. Sanofi (No. 21-757) on Monday, March 27, 2023. The highly contentious question before the high court focuses what an applicant must show to meet the enablement requirement of patent law.

Patent 97

Patent Patent Law Law 97

IP Law 360

MARCH 24, 2023

A Manhattan federal judge on Friday threw out a Miami rapper's suit accusing Childish Gambino of stealing the distinctive hook for his 2018 hit "This Is America," saying copyright for the allegedly infringed song was never registered and that there is no substantial similarity between the two songs' compositions.

Copyright 75

Copyright 75

JD Supra Law

MARCH 24, 2023

The European Patent Office and participating European Countries have established a Unified Patent Court and a European patent with unitary effect (also called a Unitary Patent) that will come into effect on June 1, 2023.

Patent 96

Patent 96

IP Law 360

MARCH 24, 2023

The lone patent case the U.S. Supreme Court has agreed to hear this term centers on how pharmaceutical companies claim antibodies in patents and the way that impacts competing cholesterol medications, meaning a decision will clearly have implications for attorneys in the life sciences area. But lawyers who focus on software and other sectors should be paying attention as well.

Patent 75

Patent 75

The IPKat

MARCH 24, 2023

Here’s what you missed since the last Never Too Late post. Book review Image by Pixabay Hayleigh Bosher reviewed the recently published ‘Guidebook to Intellectual Property (7th edition) authored by Sir Robin Jacob, Matthew Fisher and Lynne Chave. In the post a discount code was kindly provided for the IPKat Readers. Trademarks Marcel Pemsel commented on the recent Second Board of Appeal’s decisions relating to the trade marks METAVERSE FOOD (R2357/2022-2) and METAVERSE DRINK (R2356/2022-2), by h

Intellectual Property 65

Intellectual Property Trademark Patent Editing 65

IP Law 360

MARCH 24, 2023

Internet Archive does not have the right to scan physical books and lend them out like a public library without permission from some of the world's biggest publishers, a Manhattan federal judge ruled Friday, but the library organization has vowed to appeal the decision.

Publishing 75

Publishing 75

43(B)log

MARCH 24, 2023

Media Law Resource Center conference, Southwestern Law School Kevin Vick, Jassy Vick Carolan LLP (Moderator) Just a few panel notes since I’m not going to recap Rogers or MFGB v. Viacom. Evynne Grover, Vice President, Media Liability Claims Practice Leader, QBE North America: Rogers is incredibly important for clearance. It gives us confidence in insuring productions.

Trademark 64

Trademark Intellectual Property Law Intellectual Property Litigation 64

IP and Legal Filings

MARCH 24, 2023

Introduction In a significant judgement being M.M. Kariappa v. Advance Magazine Publisher’s Inc, the Karnataka High Court observed the importance of the consequences of a certain trademarked word and decided the validity of another organisation using it through the impact that the word created on the general public. It upheld the principle of how the alleged trademark infringement would pan out in the eyes of a reasonable individual of the context in question and questioned if it is expected of

Trademark 63

Trademark Publishing Law Business 63

IP Watchdog

MARCH 24, 2023

On March 22, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) sent a letter addressed to Senators Bernie Sanders (I-VT) and Bill Cassidy (R-LA), respectively the Chair and Ranking Member of the U.S. Senate Committee on Health, Education, Labor, and Pensions, regarding a Health Committee hearing held that same day on the pricing of Moderna’s COVID-19 vaccine.

Intellectual Property 60

Intellectual Property IP Patent Government 60

IPilogue

MARCH 24, 2023

Sally Yoon is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. Kevin Keller is General Counsel at Super, a Series B startup with business verticals in travel, fintech and commerce. Before Super, Keller worked at many notable technological companies, such as Facebook, Microsoft, Instacart and Amazon. He is a first-generation college graduate who obtained his Bachelor’s Degree in Electrical and Electronics Engineering from Brigham Young University and JD from New York Universit

Intellectual Property 59

Intellectual Property Trademark Law IP 59

McKinsey Operations

MARCH 24, 2023

New tech and emerging trends will enable consumers to move toward a more complete online car-buying experience.

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IP Watchdog

MARCH 24, 2023

This week in Other Barks & Bites: the U.S. Supreme Court heard oral arguments in two cases related to trademark law; the USPTO has delayed the planned Non-DOCX filing surcharge fee again; Moderna CEO faces Senate HELP Committee; the Indian Patent Office denies Johnson & Johnson a patent extension for a tuberculosis drug; and one of The Isley Brothers files a trademark lawsuit against his brother.

Trademark Law 56

Trademark Law Trademark Patent Law 56

The IPKat

MARCH 24, 2023

Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act). The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works. Some highlights of the Copyright Act 2022 include: Mere data explicitly excluded from copyright protection: Section 2(3) of the Act declares "mere data" as ineligible for c

Copyright 81

Copyright Moral Rights Fair Use Law 81

IP Law 360

MARCH 24, 2023

An Arizona federal judge has cleared medical manufacturer C.R. Bard of counterclaims including unjust enrichment in its $27 million contract breach suit against a licensee over surgical patents, but held that he can't yet determine whether the licensee violated a royalties provision.

IP 52

IP Patent Contracts 52

LexBlog IP

MARCH 24, 2023

The U.S. Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

IP 52

IP Registration Copyright Law 52

JD Supra Law

MARCH 24, 2023

Part I – The Hard Fought Battle By Brita - The Unfair Import Investigation For Brita Is A Success - Brita, an Ontario, Canada limited partnership, of the water filter fame won an important decision in International Trade against 5 of its competitors, or accused infringer Respondents – both domestic and foreign.

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LexBlog IP

MARCH 24, 2023

IPNews® – Meghan Markle and Prince Harry have been in the news frequently lately with their move the U.S., semi-split from the Royal family, and tell all show on Netflix. More recently, Ms. Markle has a trademark registration issue. She is attempting to register a trademark for Archetypes, but isn’t having much luck.

Trademark 52

Trademark Registration Intellectual Property 52

JD Supra Law

MARCH 24, 2023

The U.S. Copyright Office instituted an inquiry into a registration for a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog.

IP 52

IP Registration Copyright Law 52

The IP Law Blog

MARCH 24, 2023

The U.S. Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

IP 52

IP Copyright Registration Law 52