Plagiarism Today
AUGUST 30, 2023
When students who want to cheat can generate an essay on the spot, what will essay mills do to keep customers buying? The post What is Next for Essay Mills? appeared first on Plagiarism Today.
Intellectual Property Law Blog
AUGUST 30, 2023
This case is an appellate review of the district court’s findings regarding patent obviousness and priority date. Background Amgen produces and markets apremilast, a medication for the treatment of certain types of psoriasis and psoriatic arthritis, under the brand name Otezla. Amgen also owns three patents — the ’638, ’101, and ’541 patents — covering Otezla.
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Plagiarism Today
AUGUST 30, 2023
OpenAI moves to trip authors' lawsuit, Persona 3 to use Denuvo DRM and the US Copyright Office wants your thoughts on AI. The post 3 Count: AI Battles appeared first on Plagiarism Today.
Erik K Pelton
AUGUST 30, 2023
Erik shares key tips based on frequently asked questions our firm has received regarding TTAB hearings in this podcast. The post 4 Tips for a TTAB Hearing appeared first on Erik M Pelton & Associates, PLLC. Erik shares key tips based on frequently asked questions our firm has received regarding TTAB hearings in this podcast.
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?
JD Supra Law
AUGUST 30, 2023
The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v. Shira Perlmutter and The United States Copyright Office (1:22-cv-01564) (June 2, 2022).
The IPKat
AUGUST 30, 2023
Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. These cases have been on-going for approximately 35 cat-years or five human years. A summary judgment was previously denied - covered here. As such, the case proceeded to trial in April 2023 in a US Federal Court in Manhattan.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
AUGUST 30, 2023
The Film Independent and the International Documentary Association (IDA) sent a letter to the Senate Subcommittee on Intellectual Property Tuesday, asking the Subcommittee to ensure that any federal right of publicity it may be considering as an answer to problems raised by generative AI artificial intelligence (AI) include an express exemption for creative works.
TorrentFreak
AUGUST 30, 2023
If piracy had its own Olympics, Russian competitors would be among the favorites to bring home the gold, or so the stereotype dictates. Yet for the last 18 months, multiple threats to legalize piracy of Western movies have not only faltered, but have thus far reached no obvious conclusion. From former president Dimitry Medvedev who called for mass piracy out of spite, to reluctant cinema workers with no movies to screen but families to feed, the value of Hollywood’s movies was there for th
Technology & Marketing Law Blog
AUGUST 30, 2023
This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. [Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.” Just like we use the term “CLE” or “MCLE” in legal circles.
JD Supra Law
AUGUST 30, 2023
On August 18, 2023, the US District Court for the District of Columbia held that the US Copyright Office did not abuse its discretion in determining that works generated entirely by artificial intelligence (AI) systems are ineligible for US copyright protection.
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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.
IP Watchdog
AUGUST 30, 2023
It is time to set the record straight. For reasons I don’t understand, many inventors are just not being truthful about the provisions of patent reform bills now pending in Congress. In fact, some in the independent inventor community are attempting to rally support to kill the overwhelmingly pro-patent, pro-innovation, patent eligibility bill now pending.
Patently-O
AUGUST 30, 2023
by Dennis Crouch USC IP P’ship, L.P. v. Meta Platforms (Facebook) , 22-1397 (Fed. Cir. August 30, 2023) In a non-precedential opinion authored by Judge Pauline Newman, the Federal Circuit has affirmed USC IP Partnership’s asserted patent claims are all invalid. Back in 2020, USC IP sued Facebook for infringing its U.S. Patent No. 8,645,300. The arguably pro-patentee Judge Alan Albright served as the district court judge.
IP Watchdog
AUGUST 30, 2023
This week, 10 amici weighed in at the U.S. Court of Appeals for the Federal Circuit (CAFC) in a rare en banc review of the court’s January, 2023, decision in LKQ Corporation v. GM Global Technology Operations. That decision affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious.
JD Supra Law
AUGUST 30, 2023
The United States Patent and Trademark Office is reminding trademark applicants to beware of “spoofed” calls that impersonate the Office. Spoofing occurs when phone scammers attempt to fool recipients into providing personal identifying or payment information by falsely claiming to be an employee of the USPTO.
IP Law 360
AUGUST 30, 2023
Atlanta-based social club The Gathering Spot has won a trademark dispute with a Knoxville, Tennessee, business that was using the same name after a Tennessee federal judge found the business and its owner willfully infringed the plaintiff's trademarks and called their lack of participation in the suit "troubling.
JD Supra Law
AUGUST 30, 2023
This week’s Federal Circuit decision confirms that term-adjusted patents can be invalidated by earlier-expiring patents in the same patent family under the obviousness-type double patenting (ODP) doctrine. This ruling is significant for patent owners who obtain claims covering one aspect of their invention first, receive patent term adjustment (PTA) because of Patent Office delays with that first application, and then patent additional inventions disclosed in the original application in.
IP Law 360
AUGUST 30, 2023
A former baseball player, scout and coach who started a premier training program for young players called "Future Stars Series" has accused Sony of stealing the copyrighted name and using it for an MLB video game, according to a Texas federal lawsuit.
JD Supra Law
AUGUST 30, 2023
As a large pharmaceutical consumer market, China's position in the layout of pharmaceutical patents has been valued. Inventions such as medical use, drug crystalline form and the like, have been paid more attention in the patent layout as playing a great role in continuing the patent protection of the original drug.
Likelihood of Confusion
AUGUST 30, 2023
I contributed a chapter called “How Trademark Protection Intersects with the Athlete’s Right of Publicity” in a new book called In the Arena: A Sports Law Handbook. Its publication, in true bar. The post In the Arena: A Sports Law Handbook appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
AUGUST 30, 2023
The current employment market is placing incredible stress on businesses, many of which are struggling to find enough employees to simply cover shifts. Pay increases and higher recruiting costs, consequently, continue to rise. On top of these challenges, inflation and other market pressures have resulted in higher operating costs, compounding the impact to the bottom line.
LexBlog IP
AUGUST 30, 2023
Over a decade has passed since recreational cannabis began to see legalization at the state level. Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis.
JD Supra Law
AUGUST 30, 2023
On August 18, 2023, a federal District Court in the District of Columbia in Thaler v. Perlmutter, 22-cv-01564-BAH, definitively ruled that AI cannot be an author of a copyright under the U.S. Copyright Act, because “United States copyright law protects only works of human creation.” The court denied Dr. Stephen Thaler’s bid to overturn the U.S. Copyright Office’s repeated refusal to register artwork generated by his AI machine.
LexBlog IP
AUGUST 30, 2023
This case is an appellate review of the district court’s findings regarding patent obviousness and priority date. Background Amgen produces and markets apremilast, a medication for the treatment of certain types of psoriasis and psoriatic arthritis, under the brand name Otezla. Amgen also owns three patents — the ’638, ’101, and ’541 patents — covering Otezla.
JD Supra Law
AUGUST 30, 2023
On August 22, 2023, the Federal Circuit affirmed an IPR Final Written Decision holding claims to deuterated derivatives of ruxolitinib unpatentable as obvious and rejected the patentee’s argument that a skilled artisan would not have been motivated to modify the undisputed lead compound based on prior art teaching the general benefits of deuteration.
LexBlog IP
AUGUST 30, 2023
Introduction In this case before the Multi-member Court of First Instance of Thessaloniki, the plaintiff requested judicial protection of his recipes (i.e., dishes and seasonings) as works of IP. (1) He made this request on grounds including trademark law and unfair competition law. However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjo
JD Supra Law
AUGUST 30, 2023
Understanding the fundamentals of copyright is crucial to avoiding costly missteps. Join Bricker Graydon attorneys Jeff Knight and Kylie Stryffeler as they review copyright principles, limitations, and fair use in educational settings.
Biswajit Sarkar Copyright Blog
AUGUST 30, 2023
A trademark is an instrument using which a business can set itself apart from its competitors. Indicating the goods and services offered by the business, a trademark can be any word, phrase, logo, symbol, combination of colours etc. These, individually or as a medley with the other factors mentioned can institute a trademark for a business. However, it must be kept in mind that a trademark has to be a visual representation.
JD Supra Law
AUGUST 30, 2023
Kohler Co. v. Sweethome d/b/a Sweethome247.com, Case No. 2:23-cv-06889 (C.D. California, Aug. 22, 2023) - The Kohler Co. is pursuing design patent infringement claims for one of its many fixtures. The Wisconsin-based company says an importer is profiting from Kohler’s designs and has filed a patent infringement lawsuit to stop Sweethome from selling certain faucets.
Above the Fold
AUGUST 30, 2023
The Lanham Act requires the United States Patent and Trademark Office (“USPTO”) to collect the domicile information of all trademark applicants. This provides the evidence necessary to show the applicant is a real person or corporation domiciled in the United States or has authorized, licensed, U.S. representation. On August 30, 2023 , the USPTO issued a Bulletin containing an 8-page examination guide that clarifies the necessary steps attorneys and examiners will follow to evaluate the domicile
JD Supra Law
AUGUST 30, 2023
The Lanham Act requires the United States Patent and Trademark Office (“USPTO”) to collect the domicile information of all trademark applicants. This provides the evidence necessary to show the applicant is a real person or corporation domiciled in the United States or has authorized, licensed, U.S. representation.
The TTABlog
AUGUST 30, 2023
The USPTO has issued Examination Guide 3-23 (pdf here ) to provide further guidance regarding domicile addresses in trademark applications. The United States Patent and Trademark Office (USPTO) has issued an examination guide that clarifies the steps examining attorneys and post-registration examiners will follow to evaluate trademark applicants’ and owners’ domicile information.
The Trichordist
AUGUST 30, 2023
As we reported in a prior post about George Johnson’s grass roots effort to ask the Copyright Office to review that status of the compulsory license which… Read more "The Copyright Office Sends Modernized Regrets"
LexBlog IP
AUGUST 30, 2023
We previously discussed an amended complaint filed by artist James Concannon against LEGO alleging copyright and trade dress infringement.
The TTABlog
AUGUST 30, 2023
The Board dimissed another opposition brought by frequent TTAB litigant Monster Energy Company, finding Applicant SS Vape's mark ICE MONSTER and Design for "electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges," not confusingly similar to various "MONSTER" marks owned by Opposer for, inter alia, nutritional supplements in liquid form, energy drinks, and collateral merchandise.
IP Law 360
AUGUST 30, 2023
The president of a food equipment maker has urged the U.S. Supreme Court to review a Federal Circuit ruling that declined to add his name to a Hormel patent on preparing bacon.
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