TorrentFreak

JULY 7, 2023

Dozens of times each year, global anti-piracy coalition Alliance for Creativity and Entertainment files DMCA subpoena applications at a court in California. Once obtained, these are served on service providers, mostly Cloudflare, requesting personal information on pirate site operators. While the quality of supplied information varies, the number of applications suggests that the world’s largest entertainment companies do indeed obtain valuable intelligence from the process.

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Social Media Copyright Marketing Marketing 121

The Illusion of More

JULY 7, 2023

We all know the mantra that says it’s better to ask forgiveness than permission. According to Quote Investigator, the earliest published version of this sentiment appeared in 1846, but QI’s editors believe the notion is older than that and cannot be attributed to any one source. Whatever its derivation or contexts in which it has […] The post Get AI Wrong and There Will Be Nothing to Forgive appeared first on The Illusion of More.

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Publishing 111

IP Law 360

JULY 7, 2023

After opening up about his own criminal background and his unconventional path into the legal industry, intellectual property lawyer Keegan Caldwell is now helping incarcerated and formerly incarcerated people file patent applications.

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Intellectual Property Patent Application IP Patent 98

JD Supra Law

JULY 7, 2023

As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology and to understand how to obtain registration and enjoy the advantages within an increasingly competitive landscape.

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Intellectual Property Copyright Registration IP 98

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

SpicyIP

JULY 7, 2023

Image generated used Dall E [This post is a part of the IP History series and is authored by Shivam Kaushik. Shivam is a 2020 law graduate from Benaras Hindu University and is presently working as a law researcher at the Delhi High Court. The first post of the series on India and the Berne Convention can be accessed here and his previous posts can be accessed here.

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Copyright Copyright Law Law Publishing 98

The IPKat

JULY 7, 2023

In April, this Kat, taking advantage of her status QMUL Alumna, had the opportunity to attend the flagship event of the More Than Just a Game (MTJG) conference series. The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of London in 2015 to bring together creators, legal practitioners and researchers in the field of Interactive Entertainment.

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Reporting Music IP Intellectual Property 86

JD Supra Law

JULY 7, 2023

The Federal Trade Commission (FTC) has issued a Proposed Rule which, if implemented, would prohibit employers from entering into or attempting to enter into, “a non-compete clause with a worker; maintain with a worker a non-compete clause; or represent to a worker that the worker is subject to a non-compete clause where the employer has no good faith basis to believe that the worker is subject to an enforceable non-compete clause.”.

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IP Law 360

JULY 7, 2023

The Patent Trial and Appeal Board's decision in Unified Patents v. MemoryWeb was recently vacated in part by U.S. Patent and Trademark Office Director Kathi Vidal, which likely has implications for the disclosure of real parties in interest in future proceedings for both patent challengers and patent owners, says Derrick Carman at Robins Kaplan.

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Trademark Patent 75

IP Watchdog

JULY 7, 2023

On Wednesday, July 5, the United Kingdom Intellectual Property Office (UKIPO) released a summary of the responses it has received to its request for views on whether the country’s system for standard essential patents (SEP) is functioning properly. The goal of the request for comments and the subsequent report is to determine whether the UK government needs to make policy changes in this area.

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IP Law 360

JULY 7, 2023

The past week in London has seen HSBC and Credit Suisse sued by an asset management company accused of lying about being part of HSBC, Amgen hit rival pharmaceutical giant Janssen with a patent claim, and 40 businesses and individuals join the legal battle against law firm Metis Law for not warning them of an alleged Ponzi scheme. Here, Law360 looks at these and other new claims in the U.K.

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Litigation Business Law Patent 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

Above the Fold

JULY 7, 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. Abitron Austria GmbH, et al. v. Hetronic International, Inc.

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Trademark Law Trademark Law Business 64

IP Law 360

JULY 7, 2023

A California federal judge rejected chipmaker NXP's request to declare a mistrial Friday in Impinj's $18.9 million patent case after learning Impinj's counsel at Perkins Coie LLP encouraged the judge's clerk to join the firm once his clerkship ends, but said the attorney's conduct was "totally inappropriate" and should "never happen.

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Patent 74

JD Supra Law

JULY 7, 2023

Artificial Intelligence (AI) has become one of the most transformative technologies of the 21st Century. It is revolutionizing the way we create and protect intellectual property (IP), presenting both challenges and opportunities for IP professionals and content creators alike. As AI-generated creative works and AI-assisted inventions become increasingly prevalent, it is crucial for all stakeholders to understand the implications for the protection, enforcement, and monetization of IP rights and

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Intellectual Property Invention IP Technology 62

IP Law 360

JULY 7, 2023

The patent-holding arm of an Illinois company that makes car accessories says that a ruling the company lost at the Federal Circuit last month manages to conflict "with this court's opinion issued one day prior" in an unrelated dispute over a medical device company's catheter patents.

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Patent 74

43(B)log

JULY 7, 2023

Sihler v. Fulfillment Lab, Inc, No. 20cv1528-LL-DDL, 2023 WL 4335735 (S.D. Cal. Jun. 23, 2023) Common sense is a big part of advertising law, as implemented by the reasonable consumer. It can be hard to distinguish one case from another in its formal characteristics. Here, the view of a reasonable consumer is established by empirical evidence of deceptions and complaints, the court says—though is it really making a normative judgment?

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False Advertising Advertising Advertising Law 59

IP Law 360

JULY 7, 2023

Music label Lil' Joe Records told a Florida federal judge Friday that it should win in its suit against attempts by members of hip-hop group 2 Live Crew to claw back copyrights for dozens of the group's old songs, arguing that they gave up their rights in bankruptcy 28 years ago.

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Music Copyright 74

JD Supra Law

JULY 7, 2023

An invention is not patentable if it was described in, or obvious in view of, an earlier printed publication. See 35 U.S.C. 102(a)(1). This blog post addresses how to overcome an anticipation or obviousness rejection where an inventor is the author or otherwise the source of subject matter in the publication cited as prior art.

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IP Law 360

JULY 7, 2023

Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. District Court for the Southern District of New York denied Richard Prince’s request for summary judgment in two copyright infringement lawsuits brought against him, paving the way for a trial in Manhattan on the sco

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IP Law 360

JULY 7, 2023

Alternative rock radio station KMZK-FM has been playing songs without paying for the right to air the copyrighted music, even after being warned to stop, Sony and other music labels have alleged in Colorado federal court.

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Music Copyright 72

IP Watchdog

JULY 7, 2023

This week in Other Barks & Bites: The World Intellectual Property Organization (WIPO) begins a week-long meeting with 1,200 delegates from its 193 member states; the UK Court of Appeal rules Apple infringed on two SEPs from Optis; and Twitter accuses Meta of trade secrets theft over the launch of Threads.

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Intellectual Property IP 52

IP Law 360

JULY 7, 2023

A Manhattan federal judge declined Friday to force Hughes Hubbard & Reed LLP to allow retired intellectual property partner James Dabney continued access to firm email after a hearing in which Dabney said he used that email to bill a client separately.

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Intellectual Property IP 52

Olartemoure Blog

JULY 7, 2023

In a recent decision, Colombia’s Supreme Court has endorsed and upheld arbitration clauses in standard-form consumer contracts. Specifically, the Supreme Court held that arbitration does not violate consumer rights as it is an effective and efficient alternative dispute resolution mechanism that guarantees its users an expedited procedure before a specialized juror, free of charge if requested, and does not require a legal representative to file the claim.

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Contracts Intellectual Property Litigation Law 52

LexBlog IP

JULY 7, 2023

The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Blogging IP Law Trademark 52

Olartemoure Blog

JULY 7, 2023

INNpulsa announced the opening of a new call for beneficiaries for its innovation program. This initiative aims to promote the development of innovative projects that drive economic growth and strengthen the country’s competitiveness. The call is aimed at selecting 156 digital entrepreneurs who will be able to participate in technical assistance in the consolidation of their digital product and 53 digital companies to receive assistance in their technological growth.

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Intellectual Property Registration Technology 52

JD Supra Law

JULY 7, 2023

The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself.

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Fair Use 52

Olartemoure Blog

JULY 7, 2023

Each year, Colombia’s Superintendency of Companies (SC) requires companies under its jurisdiction to file two distinct corporate reports to evidence the implementation of their AML (Anti-Money Laundering) and anti-bribery compliance programs. These corporate reports are known as report 50 and report 52. The SC has recently expressed its intention to streamline these reporting duties by merging the two reports into a unified one, which would be known as corporate report 57.

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Reporting Intellectual Property 52

JD Supra Law

JULY 7, 2023

Can a party be held liable in the United States for trademark infringement based on use of a mark in other countries? In Abitron Austria GmbH et al. v. Hetronic Int’l, Inc., 600 U.S. __ (2023), the Supreme Court recently answered no, holding that liability for trademark infringement under the Lanham Act extends only to use of the mark in commerce in the United States.

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Trademark 52

Likelihood of Confusion

JULY 7, 2023

Slashdot: BigTimOBrien writes to mention the EFF is reporting that self-proclaimed cyberlawyer, Eric Menhart, has decided to trademark use of the term “cyberlaw” and is threatening other lawyers with legal. The post I’m a CYBERLAWYER, too! appeared first on LIKELIHOOD OF CONFUSION™.

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Reporting Trademark Branding Brands 52

JD Supra Law

JULY 7, 2023

On June 29th, the Supreme Court decided whether two provisions of the Lanham Act, specifically 15 U.S.C. § 1114(1)(a) and § 1125(a)(1) protect domestic trademark holders from extraterritorial infringement. The Supreme Court held that the above provisions are not extraterritorial in nature and that they extend only to claims where the claimed infringing use in commerce is domestic.

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Trademark 52

The IP Law Blog

JULY 7, 2023

The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Blogging Law IP Trademark 52

JD Supra Law

JULY 7, 2023

On June 29, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Abitron Austria GmbH v. Hetronic International Inc. However, the justices were divided 5-4 as to the precise reasoning and what facts courts should consider when determining whether the Lanham Act applies to allegedly infringing conduct with a foreign component.….

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LexBlog IP

JULY 7, 2023

It has been just over two years since Lina Khan was appointed FTC Chair, and a hallmark of her tenure on the consumer protection side has been the enormous amount of rulemaking initiated by the agency. For a while, the agency seemed to be announcing some new rulemaking nearly every month. Well, the new rule initiations seem to have slowed down a bit, and we thought it might be a good time to recap where things are with respect to the more significant rulemaking undertakings.

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Business Branding Brands Branding 52

JD Supra Law

JULY 7, 2023

In June, complainants filed four complainants with the Commission—Certain Portable Battery Jump Starters and Components Thereof (II), Inv. No. 337-TA-1359; Certain Semiconductor Devices and Products Containing the Same, Inv. No. 337-TA-1366; Certain Electronic Devices and Semiconductor Devices Having Wireless Communication Capabilities and Components Thereof, Dkt.

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LexBlog IP

JULY 7, 2023

In Seyfarth’s third installment in the 2023 Trade Secrets Webinar Series providing valuable insights into navigating this evolving landscape, Seyfarth attorneys covered a range of topics, including the latest technology threats, the importance of communication and training, revisiting confidentiality policies, alternative trade secret protections, and updating restrictive covenant agreements.

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Confidentiality Intellectual Property Technology Law 52