Plagiarism Today
JULY 10, 2023
Sarah Silverman and other authors sue Meta and OpenAI, film companies seek Redditor identities and how piracy hurts boxing PPVs. The post 3 Count: Artificial Comedians appeared first on Plagiarism Today.
IP Watchdog
JULY 10, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision finding the Patent Trial and Appeal Board (PTAB) erred in too narrowly confining its motivation-to-combine inquiry and improperly limiting its definition of the relevant art to hold that Axonics, Inc. had failed to prove Medtronic, Inc.’s patent claims obvious.
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Plagiarism Today
JULY 10, 2023
Twitter responded to the launch of Meta's Threads with legal threats. Here's a look at what they may be planning to sue for. The post What Could Twitter Sue Treads (Meta) For? appeared first on Plagiarism Today.
Velocity of Content
JULY 10, 2023
Science publications are typically written by scientists and for scientists, yet the audience for science is far wider, especially any reporting on medical breakthroughs in treatments of serious diseases. While plain-language summaries of articles and abstracts are increasingly available, the story is more complicated than plain. In June, ISO, the International Organization for Standardization , based in Geneva, issued principles and guidelines for plain language.
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?
IP Watchdog
JULY 10, 2023
This week in Washington IP news, the Senate IP subcommittee will hear about the potential impact of AI on copyright law. Elsewhere, the House Judiciary Committee plans to grill FTC Chair Linda Khan and the House Space Committee will talk about how the U.S. can maintain its leadership position in the commercial space industry.
Art Law Journal
JULY 10, 2023
Unlock the secrets to identifying copyright free images with our expert guide. Learn how to navigate complex legal landscapes and unearth a wealth of artistic inspiration, ensuring your creative projects stay within the law.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JULY 10, 2023
The Signal Association (Stowarzyszenie Sygnał) is Poland’s leading audiovisual sector anti-piracy group. Among the group’s stated objectives are protecting film and musical works from piracy and promoting intellectual property standards found in Europe and the United States. Many Signal members are well known outside Poland, with the majority also members of other anti-piracy groups, including the Alliance for Creativity and Entertainment (ACE) and the Audiovisual Anti-Piracy Allianc
IP Law 360
JULY 10, 2023
Two of Aretha Franklin's sons vying for control of the late singer's estate on Monday tried to convince a Michigan state jury that a 2014 handwritten document favoring them is the Queen of Soul's last wishes, even if the document was found under a couch cushion.
Michael Geist
JULY 10, 2023
Canadian Heritage Minister Pablo Rodriguez has insisted for months that Bill C-18, the Online News Act, is a market-based approach that would leave it to the Internet platforms and Canadian media outlets to negotiate deals based on the principle of mandated payments for links. Faced with the prospect of Meta and Google’s recent announcements that they would block news links in order to comply with the legislation, it would appear that the government has caved on the bill as it searches for a fac
IP Law 360
JULY 10, 2023
Game developer Valve Corp. has sued a patent owner and a West Coast law firm in Washington federal court over alleged bad-faith patent assertion, seeking a declaration that the developer is already a licensee to the cloud technology at issue.
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.
43(B)log
JULY 10, 2023
Via an eagle-eyed correspondent: J&J’s bankrupt subsidiary LTL is suing the expert witnesses for the mesothelioma victims in the underlying tort litigation for injurious falsehood, fraud, and Lanham Act violations for disparaging J&J’s Baby Powder as causing mesothelioma. They allege that the experts' published articles were part of a commercial advertising scheme to get hired as expert witnesses, which is. not super consistent with existing caselaw.
IP Law 360
JULY 10, 2023
Federal Circuit Judge Pauline Newman has sued her colleagues in D.C. district court, alleging they're illegally trying to push her off the bench. Here's what you need to know about the D.C. judge overseeing the dispute and the legal and medical experts who are involved.
The TTABlog
JULY 10, 2023
By my count, the TTAB has affirmed about 88% of the Section 2(d) refusals it has reviewed on appeal this year. How do you think these latest three appeals came out? Results will be found in the first comment. Samjen of Tampa, Inc. , Serial No. 90501168 (June 29, 2023) [not precedential] (Opinion by Judge Christen M. English). [Refusal to register BLACK BELT for “advisory services relating to building construction” and “construction project management services,” in view of the registered mark BLA
Barry Sookman
JULY 10, 2023
Every now and then a case provides a teaching moment. The recent case, Sunsource v. University of Windsor , 2022 ONSC 6047, is such a case. Sunsource involved a dispute over a failed R&D agreement between Sunsource and University of Windsor. It provides a good refresher on important contract issues including the interpretation of agreements, contractual integration clauses, principles governing recovery of damages including remoteness principles, and disclaimer or exclusions of liability cla
Michael Geist
JULY 10, 2023
Canada’s Access to Information system is now widely viewed as a failure, marked by extensive delays and processes that can be difficult to navigate. While the reforms continue to lag within government, the Globe and Mail has undertaken a remarkable project that does the work governments should be doing. Secret Canada is part giant ATIP database, part investigative series in the Globe in Mail on freedom to information.
LexBlog IP
JULY 10, 2023
The Federal Trade Commission (FTC) is proposing changes to the Hart-Scott-Rodino, or HSR, filing rules for mergers and acquisitions. Brett Beter, a partner in the Corporate Practice Group was recently interviewed by the Greater Baton Rouge Business Report about the FTC’s proposed rule changes to merger and acquisition rules. Read more about this proposed change and the implications on certain mergers and acquisitions.
JD Supra Law
JULY 10, 2023
On June 29, 2023, the U.S. Supreme Court clarified the geographic limits for U.S. trademark enforcement. Just as with enforcement of registered copyrights and issued patents, the Supreme Court ruled that a trademark owner may not enforce against infringement of its trademark rights under the Lanham Act by filing suit in the United States if the infringement occurred beyond the U.S., absent infringing use in domestic commerce.
LexBlog IP
JULY 10, 2023
On June 29, 2023, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc., limited the extraterritorial reach of the Lanham Act. The majority opinion was written by Justice Alito and joined by Justices Thomas, Gorsuch, Jackson, and Kavanaugh. Justice Jackson wrote a separate concurring opinion. Four Justices – Sotomayor, Roberts, Kagan, and Barrett – concurred in the judgment but disagreed with the scope of the limits on extraterritoriality.
JD Supra Law
JULY 10, 2023
A federal court jury in Delaware has awarded $15.1 million in damages to a company that claimed Google infringed two of its audio programming patents. The patents at issue are US Patent Nos. 6,199,076 and 7,509,178. The first patent is for an “Audio program player including a dynamic program selection controller” and the second is for an “Audio program distribution and playback system.”.
IP Law 360
JULY 10, 2023
The proposed revision of EU laws governing the protection of designs would bring an alignment with technological advancements, and in preserving the importance of design rights as a tool for protecting creativity and innovation, would result in much- needed change, say Robert Mallin and Sander Vogt at Crowell & Moring.
JD Supra Law
JULY 10, 2023
On June 8, 2023, the U.S. Supreme Court clarified two intellectual property issues in deciding Jack Daniel's Properties, Inc. v. VIP Products LLC: 1. When an alleged infringer uses a trademark as a designation of source for the infringer’s own goods, the Rogers test does not apply; and 2. The Lanham Act’s exclusion from dilution liability for “[a]ny noncommercial use of a mark,” §1125(c)(3)(C), does not shield parody, criticism, or commentary when an alleged diluter uses a mark as a.
Selvam & Selvam Blog
JULY 10, 2023
Kamdhenu Limited filed an appeal against a decision of the Registrar of Trademarks, who had dismissed their application to have their trademark ‘KAMDHENU’ included in the “List of Well-Known Trademarks.” The Registrar’s rejection was the absence of an affidavit along with the supporting evidence to establish the well-known status.
JD Supra Law
JULY 10, 2023
This post is the third in a three-part series examining the use of artificial intelligence (AI) in Human Resources. In Part I, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In Part II, we explored legal conflicts that have occurred, statutes about which companies should keep apprised and how to mitigate the legal risks of using AI in human resources.
43(B)log
JULY 10, 2023
Good cafe name: A handbag that probably requires some explanation to today's students: [link]
JD Supra Law
JULY 10, 2023
There have been many newsworthy rulings coming out of the Supreme Court in the last two weeks, so it is understandable if you missed this one. On Thursday, June 29, 2023, the U.S. Supreme Court ruled the Tenth Circuit wrongly upheld a $96 million jury verdict, limiting the international reach of U.S. Trademark law.
LexBlog IP
JULY 10, 2023
Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. Coke vs. Pepsi; Burger King vs. McDonald’s; Bud Lite vs. Miller Lite. The list could go on and on. If you are a major consumer brand, chances are you have thought about how to create your own consumer identity by comparison to or distinction from your competition.
JD Supra Law
JULY 10, 2023
Introduction: Artificial Intelligence (AI) has emerged as a transformative force across many industries, revolutionizing the way we live, work, and interact. As AI technologies continue to evolve, the question of intellectual property protection becomes increasingly significant. Patents play a crucial role in safeguarding AI inventions and encouraging innovation in this rapidly advancing field.
IP Law 360
JULY 10, 2023
A dietary supplement company founder battling McCarter & English LLP over a $2 million legal bill admitted to a Connecticut federal jury Monday that he didn't thoroughly read the firm's invoices, but also refuted the firm's claim that he was verbally informed about the rate hikes at the heart of his counterclaim.
JD Supra Law
JULY 10, 2023
Last week, the Federal Circuit decided to consider, en banc, whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness. The framework for determining whether a design patent is obvious traces back to two decisions from the eighties and nineties.
IP Law 360
JULY 10, 2023
Amazon should be awarded $425,000 in its trademark infringement lawsuit against a company that allegedly scammed customers out of hundreds of dollars by purporting to offer technology support for Ring devices and Prime account activation, a California federal judge recommended Friday.
JD Supra Law
JULY 10, 2023
The year is 2045. From my vantage point aboard the bustling International Space Station II (ISS II), I can see the imposing silhouette of the commercial spacecraft “Pioneer” etched against the vastness of space. It is a product of Terranova Space Industries (TSI), a leader in interstellar technology. The Pioneer, equipped with a cutting-edge asteroid mining module, has become the subject of the first major intellectual property dispute in outer space.
Garrigues Blog
JULY 10, 2023
The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. Let’s take a look. The registration of a trademark grants the exclusive right to use a particular sign to identify a good or a service in the market and prevent others from using it without the appropriate authorization.
JD Supra Law
JULY 10, 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.
IP Law 360
JULY 10, 2023
Medical device company Medtronic has urged the Federal Circuit to rethink decisions refusing to revive its challenge to various catheter patents from a smaller rival, saying a three-judge panel of the appellate court got a trio of decisions wrong.
JD Supra Law
JULY 10, 2023
On Wednesday, Meta-owned Instagram officially launched “Threads,” an application for sharing text updates and joining public conversations aimed to rival Elon Musk’s, Twitter. Threads quickly became one of the fastest-downloaded apps, amassing thirty-million users within hours of its initial launch. ChatGPT was downloaded one-million times within its first five days.
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