TorrentFreak
JUNE 9, 2023
With an estimated 2.5 billion users overall and around 120 million users active daily, YouTube is an entertainment powerhouse and a globally-recognized brand. Premium products aside, YouTube is free to use. But with around a billion hours of content consumed every day, YouTube has to find ways to make that pay. The most visible cost to the user is advertising, lots and lots of advertising.
Michael Geist
JUNE 9, 2023
The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted. While Canadian Heritage was at pains to emphasize that the draft direction includes instructions that the “CRTC is directed not to impose regulatory requirements on online undertakings in
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Technology & Marketing Law Blog
JUNE 9, 2023
HK built an Instagram account impersonating a teacher. He “made one innocuous post on the account.” He unwisely shared the login credentials with two classmates, KL and LF. Those classmates made “incendiary posts” about other teachers (and tagged those teachers) and another student. “H.K. monitored the account and viewed the posts himself.
TorrentFreak
JUNE 9, 2023
Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” Historically, Internet providers rarely applied such a drastic measure, but under pressure from lawsuits, many ISPs are now acutely aware of their obligations. Music Companies sued RCN Internet provider RCN is one of the providers targeted by this legal campaign.
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?
The IPKat
JUNE 9, 2023
As our readers know, yesterday current and past Kats, Katfriends, and several Katreaders alike gathered at the London offices of Allen&Overy and online to celebrate the (first) 20 years of our beloved IP blog , which has always had – as its core mission – to bring IP news and fun to everyone. Well, yesterday was no exception, as the official photographs of the day also attest (the photographer is Neil Graveney).
IP Law 360
JUNE 9, 2023
Raines Feldman LLP has added a New York entertainment attorney from Eisner LLP as a partner at the firm, the latest addition as part of Raines Feldman's overall effort to bulk up the entertainment practice it launched in 2022.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
JUNE 9, 2023
Marvel has reached settlements with the estates and relatives of four late writers and artists, including well-known comic book artist Lawrence D. Lieber, resolving a dispute over the copyrights on iconic characters including Spider-Man, Iron Man and Black Widow.
Patently-O
JUNE 9, 2023
Apple Inc. v. Vidal (Supreme Court. 2023) Under former director Iancu, the USPTO created a set of guidelines allowing the PTAB to deny IPR institution even in situations where the challenger raises strong challenges. These discretionary denials are known as Fintiv guidelines based upon the precedential case of Apple Inc. v. Fintiv, Inc. , IPR2020-00019 (P.T.A.B. 2020).
IP Law 360
JUNE 9, 2023
Speaking Thursday at a San Francisco conference that explored the intersection of art and the law, OpenAI's deputy general counsel discussed the difficult legal questions around copyrighting artificial intelligence-generated art and said, "even though it's not legally necessary," OpenAI will soon prohibit users from creating works in the style of living artists.
Trading Secrets
JUNE 9, 2023
The Nevada legislature passed new legislation recently that essentially bans all non-compete clauses in physician contracts while severely limiting the instances in which a hospital or psychiatric hospital may employ a physician as an employee, rather than as a contractor. Assembly Bill 11 was introduced in February 2023 and had passed both the Senate and Assembly by May.
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
JUNE 9, 2023
Citing the company's "failure" to dutifully follow local meet-and-confer rules, a federal jurist in Connecticut on Friday handed additional losses to CM Systems LLC in a dispute over the alleged infringement of restaurant food safety technology patents.
Trading Secrets
JUNE 9, 2023
Seyfarth Shaw’s Trade Secrets group has secured a notable position as one of the best in the country, according to the esteemed Legal 500 United States 2023 edition. This recognition reaffirms Seyfarth’s commitment to excellence in the field of trade secrets law. Corporate counsel feedback has played a pivotal role in determining this ranking, with Seyfarth partners Michael Wexler , Robert Milligan , Kate Perrelli , and Dawn Mertineit earning a spot in the editorial’s “Leading Lawyers” category,
JD Supra Law
JUNE 9, 2023
The U.S. Supreme Court has unanimously rejected the Ninth Circuit’s opinion that a poop-themed dog toy should be protected as parody under the First Amendment. SCOTUS ruled today in Jack Daniel’s Properties Inc. v. VIP Products, Inc. that the right to free expression does not excuse “trademark law’s cardinal sin”—use of another’s trademark “as a trademark.”.
IP Watchdog
JUNE 9, 2023
This week in Other Barks & Bites: The U.S. Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. Court of Appeals for the Federal Circuit issues a precedential ruling on inventorship criteria; a biotech firm files lawsuits against Pfizer and Moderna alleging patent infringement; and Adobe releases an AI image generator that it believes will not infringe copyright.
JD Supra Law
JUNE 9, 2023
Recently, the U.S. Supreme Court ruled 7-2 against the Andy Warhol Foundation in a copyright dispute over a portrait of Prince that Warhol created using a photograph by another artist, Lynn Goldsmith. "The court's opinion will likely diminish – but not eliminate – the amount of borrowing or building on previous creative works by artists that takes place commercially.
IP Watchdog
JUNE 9, 2023
This week in Other Barks & Bites: The U.S. Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. Court of Appeals for the Federal Circuit issues a precedential ruling on inventorship criteria; a biotech firm files lawsuits against Pfizer and Moderna alleging patent infringement; and Adobe releases an AI image generator that it believes will not infringe copyright.
JD Supra Law
JUNE 9, 2023
The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. In People.ai, Inc. v. Clari Inc. (Fed. Cir. 2023) U.S. App. LEXIS 8294, the court invalidated seven patents owned by People.ai.
IP Watchdog
JUNE 9, 2023
The World Intellectual Property Organization (WIPO) is seeking a Legal Officer in the Legislative, Policy and Technology Advice Section of the Patent and Technology Law Division, Patents and Technology Sector. This full-time position is located in Geneva.
JD Supra Law
JUNE 9, 2023
On June 8, 2023, the United States Supreme Court clarified an important unanswered question about the line between the First Amendment’s freedom of speech and trademark owners’ rights under the Lanham Act. In a unanimous, 9-0 decision in the closely watched case Jack Daniel’s Properties, Inc. v. VIP Products, LLC, the Supreme Court revived a lawsuit for trademark infringement and dilution filed by the owner of the world-famous Jack Daniel’s brand of whiskey.
IP Watchdog
JUNE 9, 2023
Brooks is a growing, fast-paced technology leader of automation solutions which support the dynamic and expanding semiconductor and automations markets. At Brooks, new ideas, technologies and ways of thinking are driving our future. Our customer-focused culture encourages employees to embrace innovation and collaborate with one another to achieve new heights.
JD Supra Law
JUNE 9, 2023
As we have previously reported, Regeneron’s BPCIA case against Mylan regarding Mylan’s proposed aflibercept biosimilar is proceeding on an expedited schedule, with a two-week trial scheduled to begin on June 12, 2023, in the Northern District of West Virginia.
IP Watchdog
JUNE 9, 2023
This week in Other Barks & Bites: The U.S. Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. Court of Appeals for the Federal Circuit issues a precedential ruling on inventorship criteria; a biotech firm files lawsuits against Pfizer and Moderna alleging patent infringement; and Adobe releases an AI image generator that it believes will not infringe copyright.
JD Supra Law
JUNE 9, 2023
On June 8, 2023, the U.S. Supreme Court decided Jack Daniel’s Properties, Inc. v. VIP Products LLC, No. 22-148, holding that (1) when an accused trademark infringer uses another’s trademark to designate the source of its own goods, the accused infringer does not receive special First Amendment protection from infringement claims, and (2) the use of a trademark for parody purposes does not bar a dilution claim under the Lanham Act’s “noncommercial use” exclusion.
LexBlog IP
JUNE 9, 2023
The Supreme Court issued its ruling yesterday in a trademark lawsuit between Jack Daniel’s and the seller of a dog toy resembling a bottle of Jack Daniel’s famous whiskey. In a unanimous decision, the Court reversed the Ninth Circuit and held that the “Bad Spaniels” dog toy was subject to the usual likelihood of confusion analysis applicable to most trademark infringement disputes and not the so-called Rogers test, a threshold test derived from the First Amendment to prot
JD Supra Law
JUNE 9, 2023
What do a squeak toy, whiskey, and dog poop have in common? If you are silently thinking to yourself “absolutely nothing,” it may surprise you to hear that the U.S. Supreme Court has spent months considering this question. On June 8, 2023, in a long-awaited win for trademark owners, SCOTUS ruled that a lower court erred when it issued a decision finding that a dog toy that parodies a famous liquor bottle, was covered by First Amendment free speech protections.
LexBlog IP
JUNE 9, 2023
The United States Supreme Court issued its decision in a years-long dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a humorous dog toy which is intended to mimic the label of a Jack Daniel’s whisky bottle. Jack Daniel’s Properties, Inc. v. VIP Products LLC , 599 U.S. _ (2023). The Court’s opinion focused on use of a mark as a source-identifier and highlighted the importance of the consumer’s interest in knowing the source of a product.
JD Supra Law
JUNE 9, 2023
On May 15, 2023, the Supreme Court of the United States denied Teva Pharmaceuticals USA, Inc.’s (“Teva”) petition for certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline, LLC, ending a nearly nine-year court battle regarding skinny-labeling and induced infringement.
IP Law 360
JUNE 9, 2023
California telecom company Viasat Inc. says an attorney's recent move from Shearman & Sterling LLP to Gibson Dunn & Crutcher LLP bars Gibson Dunn from representing the telecom's opponent , digital storage company Western Digital Technologies, in a Texas federal court patent dispute.
JD Supra Law
JUNE 9, 2023
Your patent is finally filed in the United States Patent and Trademark Office (or the office of your local country). Then you remember your attorney saying something about patents being jurisdictional, whatever that means….
Olartemoure Blog
JUNE 9, 2023
In a significant verdict, the 1st Civil Court of Valdivia has ruled in favor of the Chilean dairy industry, delivering a strong blow to The Not Company. The court found the company guilty of unfair competition, as it had been exploiting the reputation of others, misleading consumers, and disseminating incorrect or false information about its products.
JD Supra Law
JUNE 9, 2023
The party is on in Lynchburg, Tennessee this weekend. In a unanimous decision authored by Justice Kagan, the Supreme Court held that the threshold First Amendment protections afforded by the “Rogers Test” do not apply where an alleged infringer uses a mark as a designation of source for the infringer’s own goods.
Olartemoure Blog
JUNE 9, 2023
IDBLab, a prominent member of the Inter-American Development Bank Group, proudly commemorates its 30th anniversary as a key driver of innovation for Latin America’s development. To mark this milestone, the highly anticipated BIDLab Forum will take place in Bogotá, Colombia on June 13th and 14th. The BIDLab Forum will feature a distinguished guest, Sean O’Sullivan, the managing general partner of SOSV, the world’s leading early-stage investment fund for deep tech ventures.
JD Supra Law
JUNE 9, 2023
For some types of inventions, such as new and nonobvious pharmaceutical compositions, securing a patent from the federal government is only half the battle. In addition to obtaining patent rights, pharmaceuticals and other compositions that might be consumed by humans are required to undergo a review process conducted by the Federal Food and Drug Administration (FDA).
Olartemoure Blog
JUNE 9, 2023
The Bill 139 of 2021 which aims to regulate the formality of companies providing cryptocurrencies services, their compliance with personal data protection laws, and other reporting obligations to authorities, has introduced new provisions regarding the risk of money laundering. It is expected that this law will apply to all companies formally recognized as providers of cryptocurrencies services, unlike the SAGRILAFT case which currently applies only to select companies in the sector based on inc
JD Supra Law
JUNE 9, 2023
The Supreme Court unanimously sided with Jack Daniel’s in the much-anticipated trademark case pitting trademark protection against parodic products. However, SCOTUS did not reach a final conclusion on whether VIP Products’ Bad Spaniels dog toy will live to see another day as a parody of the Jack Daniel’s whiskey bottle.
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