Erik K Pelton
NOVEMBER 26, 2024
How does the Supplemental Register differ from the Principal Register? Erik explains the key elements in this episode. The post What is the Supplemental Register? appeared first on Erik M Pelton & Associates, PLLC.
Hugh Stephens Blog
NOVEMBER 25, 2024
Image: Shutterstock (with AI assist) It was inevitable.
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TorrentFreak
NOVEMBER 25, 2024
In May, the Paris Judicial Court ordered Google, Cloudflare, and Cisco to block access to several pirate websites by poisoning their DNS. The order, issued under Article L.333-10 of the French Sports Code, compelled the tech giants to prevent users from accessing unauthorized streams of Champions League and Premier League matches. Applicant Canal+ argued that the alternative DNS resolvers allowed people to bypass the “regular” blocking measures implemented by internet providers.
SpicyIP
NOVEMBER 26, 2024
The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here , here , here , here , here , here , here , here and here ).
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?
Patently-O
NOVEMBER 29, 2024
by Dennis Crouch The USPTO utility patent grant rate data reveals an interesting narrative of policy shifts and administrative changes over the past fifteen years. The graph shows a clear upward trajectory from a notable low point around December 2009, when the grant rate bottomed out near 50%, to recent levels hovering around 75-80%. This dramatic shift beginning in 2010 coincided with Director David Kappos taking the helm at the USPTO, marking a decisive break from the more restrictive patent
The IPKat
NOVEMBER 26, 2024
The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks. Incidentally, the referral was also discussed during last month's IPKat webinar on image rights. Here is what Nedim writes: [Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s he
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
NOVEMBER 26, 2024
Trade secrets are the lifeblood of any business. Across industries and states, companies safeguard a wealth of critical information that provides a competitive edge. Perhaps the most famous example is Coca-Cola’s secret formula — often imitated, never replicated. This closely guarded recipe has given the company a significant market advantage over competitors in the soda industry for decades.
Traverse Legal Blog
NOVEMBER 25, 2024
Copyright Infringement Definition: Copyright infringement occurs when a copyrighted work owned by someone else is copied, reproduced or mimicked, distributed, performed, publicly displayed, or made into a derivative work without the express or implied permission of the copyright owner, thereby infringing certain exclusive rights granted to the copyright holder.
IP Watchdog
NOVEMBER 26, 2024
On November 13, 2024, after almost 17 months of anticipation, the UK's Supreme Court finally handed down its decision in SkyKick (Appellants) v. Sky (Respondents). What began as a (relatively) simple claim by Sky for trademark infringement of various SKY trademarks (the "SKY Marks") by SkyKick, ultimately resulted in four High Court judgments, a referral to the CJEU, a Court of Appeal ruling and ended in a significant Supreme Court decision.
TorrentFreak
NOVEMBER 29, 2024
The European Union Intellectual Property Office ( EUIPO ) regularly conducts studies to see how piracy develops over time. These studies help the public to understand local piracy trends and can be used as input for future policy decisions. This week, EUIPO released another in-depth piracy report titled “Online Copyright Infringement in the European Union.” The research is part of a recurring series which has tracked European piracy rates since 2017.
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.
JD Supra Law
NOVEMBER 26, 2024
The Unified Patent Court ("UPC") and the unitary patent—which came into force in June 2023—were created at the request of European industry in order to benefit from a single title (the unitary patent) covering the territory of several European Union Member States (18 states to date), and a unified jurisdiction (the UPC) competent to sanction infringement and to check legal validity in all these territories.
IP.com
NOVEMBER 25, 2024
Press Release: 11/24/2024 IP.com is thrilled to announce the launch of InnovationQ, the next-generation interface for its industry-leading Prior Art Database. InnovationQ is powered by Semantic Gist®, IP.com’s proprietary AI technology, setting a new standard in intellectual property management with fast, accurate, and contextually relevant prior art searches.
Likelihood of Confusion
NOVEMBER 24, 2024
Originally posted 2021-04-13 10:40:33. Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less. So unsurprisingly, trademark lawyers are all over this tweet: By “confusion,” of course, I mean the word as used in the phrase […] The post Just what we choose it to mean appeared first on LIKELIHOOD OF CONFUSION™.
TorrentFreak
NOVEMBER 28, 2024
Founded over a decade ago, Dramacool became a go-to destination for pirated copies of Asian dramas and related content. The site was originally started by a group of ‘students’ who wanted to share their passion for this entertainment niche. But what started as a hobby, eventually became a multi-site streaming operation with tens of millions of users.
JD Supra Law
NOVEMBER 26, 2024
California’s AB 2013, the “Generative Artificial Intelligence Training Data Transparency Act,” is poised to reshape the landscape for developers of Generative AI (GenAI) systems. Signed into law on September 28, 2024, it sets forth comprehensive requirements for transparency in AI training datasets, reflecting growing public demand for accountability in artificial intelligence.
The IPKat
NOVEMBER 23, 2024
Katy Perry has earned a pyrrhic victory in Australia this week. In its judgment delivered on Friday 22 November, the Federal Court of Australia partially allowed the appeal in Taylor v Killer Queen, LLC (No 5) [2024] FCAFC 149 , finding that the American entertainer (but not her associated company) was able to rely on the own name defence to infringement and should succeed in her action to cancel the KATIE PERRY trade mark registration.
IP and Legal Filings
NOVEMBER 27, 2024
Introduction In the most normal of instances, a trade mark is registered either in the form of a word mark i.e. the name of the product/brand or as a device mark i.e. the logo of the product/brand. This is the usual manifestation of a trade mark, when registered in India. However, in some rare instances there are some other peculiar forms of trade mark registrations as well.
TorrentFreak
NOVEMBER 27, 2024
In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.
JD Supra Law
NOVEMBER 27, 2024
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir. Upholds Injunction in OpenAI v. Open AI - The U.S. Court of Appeals for the Ninth Circuit recently upheld a preliminary injunction against Open Artificial Intelligence, Inc.
The IPKat
NOVEMBER 25, 2024
Never too late to get back on track! Join this Kat to catch up on what you may have missed. Trade marks Jocelyn Bosse reported on a recent decision of the Federal Court of Australia concerning the honest concurrent use of a trade mark. The court was asked to decide whether the American artist Katy Perry was liable for trade mark infringement and whether the trade mark “KATIE PERRY” registration should be cancelled.
Nelligan Law
NOVEMBER 23, 2024
Reading Time: 2 minutes Ridesharing services like Uber have become a vital part of daily transportation in Ontario, but what happens if you’re involved in an Uber accident as a passenger? Navigating the aftermath of an accident can be confusing, especially when multiple parties are involved. Here’s a guide on what to do if your Uber driver gets into a car accident and how to protect your rights.
TorrentFreak
NOVEMBER 24, 2024
As the RIAA sued thousands of students for music piracy, Hollywood knew that faster internet connections would soon make movies a similarly easy target. For downloaders in the early 2000s, faster connections couldn’t come soon enough. In the meantime, ads promising faster downloads began appearing everywhere. Some offered magical ‘internet booster’ software that in reality did little or nothing to improve speeds.
JD Supra Law
NOVEMBER 27, 2024
While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect their innovations – or fend off others doing the same. In this article from the New York Law Journal, Baker Botts’ co-head of the AI practice group Rich Harper breaks down how traditional trade secret laws could apply to rapidly advancing AI tech.
The IPKat
NOVEMBER 24, 2024
Nearly a decade after it was concluded, the Arusha Protocol for the Protection of New Varieties of Plants entered into force today, one year after the ratification of its fourth member state. This Protocol was made under the framework of the African Regional Intellectual Property Organization (ARIPO) and was adopted in Arusha, Tanzania, on the 6th of July 2015.
IP Watchdog
NOVEMBER 25, 2024
The U.S. Supreme Court today invited the Solicitor General (SG) to weigh in on a case about internet service provider (ISP) liability for infringement and denied another petition for certiorari asking the Court to clarify U.S. patent eligibility law. The latter petition also asked the Court to consider whether Judge Pauline Newman’s effective removal from the U.S.
TorrentFreak
NOVEMBER 26, 2024
In 2019, Internet provider Cox Communications lost its legal battle against a group of dozens of record labels, including Sony and Universal. Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. This case is one of many. Other ISPs have been accused of being similarly lax in their stance against alleged piracy.
JD Supra Law
NOVEMBER 27, 2024
A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals, Inc. (CyDex) filed a breach of contract action against Bexson Biomedical, Inc. (Bexson) on August 28, 2024, seeking a judgment that it co-owns Bexson’s recent patent and related applications, and specific performance assigning such ownership rights to CyDex.
Kluwer Copyright Blog
NOVEMBER 25, 2024
Allegations against Marvel and one of its top writers fail for the second time. Action-adventure characters from the Captain America and Spider-Man franchises were not unlawfully copied from the self-published comic book series of a relatively unknown author, the U.S. Court of Appeals for the Eleventh Circuit has held. The court, in affirming an Atlanta court’s decision to dismiss the author’s pro se complaint, puts an apparent end—at least for now—to the author’s quixotic effort to collect a bi
IP Watchdog
NOVEMBER 27, 2024
This week in Other Barks & Bites: OpenAI files a response letter denying it deleted evidence in its copyright dispute with The New York Times; Google and the Department of Justice make their final arguments in online ad monopoly case; music economist Will Page releases report claiming music copyright industry is in a boom time.
TorrentFreak
NOVEMBER 27, 2024
In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.
JD Supra Law
NOVEMBER 27, 2024
This Thanksgiving, we’re diving into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From Turducken trademarks to creative cookbooks, we’re discussing the legal side of your favorite holiday dishes. Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler for all the tasty legal details.
SpicyIP
NOVEMBER 25, 2024
Here is our recap of last week’s top IP developments including summary of the posts on Madras High Court’s order in Sakata Seed Corporation v. The Controller of Patents and Designs, India’s first AI Copyright litigation involving OpenAI, and the rejection of an RTI Application concerning IPRS’ compliance with the Copyright Act. This and a lot more in this week’s SpicyIP Weekly Review.
Indiana Intellectual Property Law
NOVEMBER 29, 2024
Hiker Industries, LLC (“Hiker”) has filed a lawsuit against Hyk Outdoors LLC (“Hyk”), alleging trademark infringement and unfair competition under both federal and state laws. The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks. Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability.
IP Watchdog
NOVEMBER 25, 2024
On November 21, 2024, Cody Allen Easterday filed a Petition for Rehearing En Banc in Cody Allen Easterday v. Tyson Fresh Meats Inc., No. 23-3836, (link here). Easterday’s case involves a timely and important issue regarding his name, photograph, and likeness rights (commonly referred to as name, image, and likeness “NIL” rights). Specifically, the Panel (at the Ninth Circuit) erred in barring Easterday from presenting NIL claims involving trespass on his rights as recently as six months before
JD Supra Law
NOVEMBER 27, 2024
The Nittany Lions are used to winning on the football field, but last week they also snagged a decisive victory in the courtroom. On November 19, a Pennsylvania jury determined that online retailer, Vintage Brand (“Vintage”), its manufacturer and distributor, Sportswear Inc. d/b/a Prep Sportswear (“Sportswear”), and their owner, Chad Hartvigson, had infringed Penn State’s retro trademarks.
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