Michael Geist

JULY 5, 2023

Canadian Heritage Minister Pablo Rodriguez has scheduled a press conference for later today to answer questions on the legislative mess that is Bill C-18. With Meta and Google announcing that they will block news sharing and links on their platforms before the law takes effect, the Canadian media sector stands to lose millions of dollars with lost links, the cancellation of dozens of existing deals , and a bill that might not generate any new revenues.

Journalism 140

Journalism Social Media Government Business 140

TorrentFreak

JULY 5, 2023

Over the past several years, adult entertainment company Strike 3 Holdings has filed thousands of cases in U.S. federal courts. The company, known for its Blacked, Tushy, and Vixen brands, targets people whose Internet connections were allegedly used to download and share copyright-infringing content via BitTorrent. Track, Sue and Settle These efforts, often referred to as so-called ‘copyright-trolling’, are pretty straightforward.

Copyright 124

Copyright Settlement Copyright Infringement Business 124

IP Close Up

JULY 5, 2023

Advances in artificial intelligence have become a threat to performers whose vocal and visual likenesses can be readily created through AI algorithms.

Law 91

Law IP Technology Litigation 91

TorrentFreak

JULY 5, 2023

In a lawsuit, filed in the U.S. early January 2022, videogame giant Activision targeted German companies EngineOwning UG and CMN Holdings S.A, plus various individuals connected with their operation. Running along similar lines as several other lawsuits filed by competitor Bungie, Activision claimed that the defendants trafficked in circumvention devices, in violation of the DMCA.

Business 121

Business Law Litigation Reporting 121

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?

Technology

IP Law 360

JULY 5, 2023

For brand owners seeking to leverage their physical-world brands to expand into the virtual world and vice versa, understanding the current, uncertain trademark landscape and implementing practical licensing considerations is crucial, despite some recent big-name pullbacks from the metaverse, say attorneys at Sullivan & Cromwell.

Licensing 81

Licensing Trademark Branding Brands 81

43(B)log

JULY 5, 2023

Clark v. Eddie Bauer LLC, 371 Or. 177, P.3d -, SC S069438 (Jun. 29, 2023) Under Oregon’s Unlawful Trade Practices Act (UTPA), a person who suffers an “ascertainable loss of money or property” as a result of another person’s violation of the UTPA may maintain a private action against that person. The Ninth Circuit certified to the state supreme court the question whether a consumer can suffer an “ascertainable loss” under the UTPA when she buys items at an outlet store that have been advertised a

False Advertising 72

False Advertising Advertising Advertising Marketing 72

IP Watchdog

JULY 5, 2023

A UK judge in May determined in a non-public judgment that has been widely reported on that Apple should pay Optis a total of $56.43 million plus interest for a worldwide FRAND license to Optis’s portfolio of 4G standard essential patents (SEPs). In the most recent development in the overall case, Apple yesterday reportedly lost its appeal in one of the four technical trials pending between the parties, meaning it could still be liable for fees related to infringement in the range of $7 billion.

Reporting 64

Reporting Licensing Patent Patent Infringement 64

IP Law 360

JULY 5, 2023

Gambling technology company Scientific Games has once again asked an Illinois federal judge to toss an antitrust lawsuit claiming it used sham patent suits to corner the automatic card shuffling market, arguing that the manufacturer suing it hasn't offered sufficient evidence to support its claims.

Marketing 75

Marketing Marketing Technology Patent 75

IP Watchdog

JULY 5, 2023

The U.S. Court of Appeals for the Federal Circuit today issued a precedential opinion that said claim preclusion does not apply to allegations of induced infringement based on an earlier finding of direct infringement. The case involves U.S. Patent No. 8,206,987, owned by Inguran, LLC and directed to “a method for sorting bull sperm cells according to a specific DNA characteristic in order to preselect the gender of a domestic animal’s offspring,” according to the opinion.

Litigation 64

Litigation Business Patent Patent Infringement 64

IP Law 360

JULY 5, 2023

A California federal judge empaneled eight jurors, including a patent litigator's spouse who asked to be excused, before opening statements of an $18.9 million patent trial Wednesday, saying "I really do not have any sympathy for you patent litigators" and "if your spouses get called, they need to serve.

Patent 75

Patent Litigation IP 75

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

JULY 5, 2023

Confidential information is one of a business’ most prized and valuable assets. However, it is rarely something that can be locked in a safe, because employees often require access to it for the purposes of carrying out their duties.

Confidentiality 59

Confidentiality Business 59

IP Law 360

JULY 5, 2023

Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

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IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Trademarks are used to identify and protect a product’s or service’s words and graphic components.

Trademark 59

Trademark Registration Branding Brands 59

JD Supra Law

JULY 5, 2023

On June 29, 2023, the Supreme Court of the United States handed down its much-anticipated decision in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) regarding the extraterritorial reach of the Lanham Act, the comprehensive trademark statute in the United States.

Trademark 55

Trademark Trademark Law Business Law 55

Patently-O

JULY 5, 2023

by Dennis Crouch Inguran, LLC v. ABS Global, Inc., No. 22-1385 (Fed. Cir. July 5, 2023) The court’s decision here makes two important res judicata holdings that favor patent holders: (1) a final judgment as to claims of literal infringement do not preclude the patentee from later suing the same party for inducing infringement since “an induced infringement claim rests on evidence and elements beyond those required by direct infringement;” (2) res judicata cannot bar a patentee

Licensing 58

Licensing Litigation Patent Technology 58

JD Supra Law

JULY 5, 2023

Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the Arizona Revised Statutes.

Law 55

Law 55

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. Hetronic, an Oklahoma-based corporation, sells a wide range of radio remote controls in over forty-five countries, all of which are marked by their distinctive black-and-yellow trade dress.

Trademark 52

Trademark Marketing Marketing Contracts 52

JD Supra Law

JULY 5, 2023

The China National IP Administration (“CNIPA”) recently issued the "Specifications for Suspension of Trademark Review Cases" (“《评审案件中止情形规范》”, "Specifications"), in which it provides a set of rules for the suspension of trademark review cases, including review on refusal cases, review on opposition proceedings and invalidation proceedings. Such suspension is often of enormous practical and strategic importance, e.g. when a trademark review procedure is dependent on the outcome of the legal.

Trademark 52

Trademark IP 52

LexBlog IP

JULY 5, 2023

Part 2 in a Series on the FTC, Reviews and Endorsements A lot of ink has been spilled on many of the pending Federal Trade Commission (FTC) consumer protection rulemakings – commercial surveillance, subscription services and earnings claims, to name a few. But the rulemaking on reviews and testimonials has been a bit under the radar. We wrote about it last October in a post that discussed the junk fees rulemaking as well as the reviews rulemaking.

Social Media 52

Social Media Business Confidentiality Advertising 52

JD Supra Law

JULY 5, 2023

In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law should encourage artists to produce original work. With the majority siding with Sotomayor, the case, Andy Warhol Foundation for the Visual Arts v.

Fair Use 52

Fair Use Copyright Infringement Copyright Law Art 52

IP Law 360

JULY 5, 2023

Abbott Laboratories has asked a London court to nix two patents owned by rival Dexcom protecting technology core to its glucose monitoring systems, rekindling a long-running patent spat between the two rivals.

Patent 52

Patent Technology 52

JD Supra Law

JULY 5, 2023

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found “the one,” it is important to lock it down. Under Section 45 of the Lanham Act, obtaining trademark protection requires that a distinctive word, name, symbol, or device be used in commerce to distinguish one’s goods and/or services from another’s.

Service Mark 52

Service Mark Marketing Marketing Designs 52

Stock Legal Blog

JULY 5, 2023

Litigation. This broad topic may refer to a year-long lawsuit ending with a short bench trial or a multi-year lawsuit culminating in a lengthy million-dollar jury trial. A party engaged in litigation for the first time may be surprised by the expense and duration of a lawsuit, while even an experienced litigant may not expect some of the twists that arise during the case.

Litigation 52

Litigation Business 52

JD Supra Law

JULY 5, 2023

For the first time in over five years, the US Court of Appeals for the Federal Circuit will be hearing a patent case en banc. The Court has agreed to hear LKQ Corporation v. GM Global Technology Operations LLC, which questions the current standard of non-obviousness that is applied to design patents. LKQ used to act as a licensed repair part vendor for GM.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. The OSMR transposes the revised Audio-Visual Media Services Directive into Irish law, which requires Member States to ensure that VSPSs take appropriate measures to protect young people from harmful content and protect the general public from illegal cont

Designs 52

Designs Design Advertising Advertising 52

JD Supra Law

JULY 5, 2023

The startlingly fast developments in generative artificial intelligence technology over the last few years have caused numerous questions and issues to be raised about the protection and registrability of copyrighted works containing GAI material. This article was originally published in Law360's Expert Analysis section on June 30, 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Copyright 52

Copyright Registration Publishing Technology 52

IP Law 360

JULY 5, 2023

The Federal Circuit breathed new life into a patent suit lodged against bovine artificial insemination company ABS Global by rival STgenetics over a method for sorting sperm, ruling Wednesday that a judgment in prior litigation over the patent doesn't prevent a separate suit over induced infringement.

Patent 40

Patent Litigation 40

JD Supra Law

JULY 5, 2023

Generative AI, such as ChatGPT, which is rapidly developing and become more familiar, is now facing the question of whether AI's learning of copyrighted work violates the Copyright Act. This is a major issue not only in the U.S., but also in Japan.

Copyright 52

Copyright 52

IP Law 360

JULY 5, 2023

With Gilead and Teva facing trial on claims they bilked health plans and insurers out of $3.6 billion through a "pay-for-delay" scheme over two HIV drugs, the three law firms representing the pharmaceutical giants secured a total victory last week by putting on a united front, attacking the reliability of the plaintiffs' experts and even waiving some attorney-client privilege.

Law 40

Law 40

JD Supra Law

JULY 5, 2023

The NewSpace industry is seeing an increase in space launches and new entrants to the field. Technological advances are driving growth, including a steady pace of new innovations. Companies engaged in this progressive market need to protect the tech innovations that give them a competitive edge.

Marketing 52

Marketing Marketing Patent Technology 52

IP Law 360

JULY 5, 2023

Opening statements are scheduled for Thursday morning in Connecticut federal court in a civil dispute between law firm McCarter & English LLP and a former client that was ordered to pay more than $2.4 million in an underlying Kentucky trade secrets suit.

Law 40

Law 40

JD Supra Law

JULY 5, 2023

Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in counterfeit designer purses adds urgency for source transparency in trademarks. From London, senior associate Sarah Simpson and associate Teagan MillerMcCormack update us on how EU and UK regulatory authorities ramp up their enforcement of “greenwashing.

Branding 52

Branding Brands Branding Designs 52

IP Law 360

JULY 5, 2023

After nearly a weeklong trial and five and a half hours of deliberating Wednesday, a Texas federal jury hadn't yet come to a conclusion as to whether Phillips 66 infringed a Houston company's patents for a process used to refine marine fuel.

IP 40

IP Patent 40

JD Supra Law

JULY 5, 2023

The US Supreme Court unanimously overturned a $90 million verdict for trademark infringement under the Lanham Act, 97% of which was attributed to purely extraterritorial conduct. While the holding attempts to draw a bright-line rule focused on the location of the “use in commerce,” the concurrences call into question how the rule will operate when conduct occurs both in the United States and abroad.

Trademark 52

Trademark 52

IP Law 360

JULY 5, 2023

Minnesota's new law prohibiting pharmaceutical manufacturers from imposing "an excessive price increase" on generic or biosimilar drugs unconstitutionally regulates prices charged nationwide and will only serve to make it harder for patients to obtain affordable medicines, according to a federal lawsuit filed Wednesday by a generics manufacturers trade association.

Law 40

Law 40