Sat.May 18, 2024 - Fri.May 24, 2024

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3 Count: Bounce House

Plagiarism Today

Sony sues Marriott over social media posts, Beyonce and Big Freedia sued over samples and photographer sues over wallpaper photo. The post 3 Count: Bounce House appeared first on Plagiarism Today.

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25 Key Trademark Terms

Erik K Pelton

There are countless key trademark terms, and Erik shares 25 of the most important ones to know in this episode. Learn more at erikpelton.com/resources/ The post 25 Key Trademark Terms appeared first on Erik M Pelton & Associates, PLLC. There are countless key trademark terms, and Erik shares 25 of the most important ones to know in this episode.

Trademark 130
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We have a new treaty! Report on the conclusion of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge

The IPKat

The second and final week of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge has come to an end with the adoption of a new international legal instrument, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (available here ). This is the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.

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USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know

Patently-O

by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. The memo, signed by USPTO Director Kathi Vidal, aims to immediately align USPTO practices with the more flexible approach outlined by the Federal Circuit, which eli

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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The Continued Rise of ‘Parasitic Plagiarism Merchants’

Plagiarism Today

In Australia, a high-profile media lawyer was connected to AI-rewritten plagiarism. However, the problem isn't going away. The post The Continued Rise of ‘Parasitic Plagiarism Merchants’ appeared first on Plagiarism Today.

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Trademark Trial and Appeal Board (TTAB) Hearing Tips

Erik K Pelton

The following is an edited transcript of my video 4 Tips for a TTAB Hearing. TTAB hearings can be important tools in a trademark dispute or appeal at the USPTO. I’ve watched dozens of hearings, and participated in many myself. Here are my key tips: Know the rules of the Trademark Trial and Appeal Board (TTAB): the rules for evidence, for the case, and for the hearing.

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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. LKQ Corp. v. GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed. Cir. May 21, 2024) (en banc). The court held that the two-part test’s requirements that 1) the primary reference must be “basically the same” as the claimed design, and 2) any secondary references must be “so related”

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Where Did the Poor Man’s Copyright Myth Start?

Plagiarism Today

The myth of Poor Man's Copyright has been with us for decades. But where did the (bad) idea get its start? The post Where Did the Poor Man’s Copyright Myth Start? appeared first on Plagiarism Today.

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The First Biosimilar Disputes at the Unified Patent Court (UPC)

JD Supra Law

As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April.

Patent 115
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Changes to AI Patent Practice in View of the USPTO’s Recent Actions

IP Watchdog

The United States Patent and Trademark Office (USPTO, the Office or the Agency) has recently issued multiple guidance and proposed rules that potentially change the landscape of patent practice. On top of that, the USPTO has also proposed substantial terminal disclaimer fee increases that can induce early filing of terminal disclaimers. The Agency’s actions will significantly impact patenting artificial intelligence and it is important to understand the USPTO’s position from a holistic perspecti

Patent 113
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IPO Diversity in Innovation Toolkit

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.

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Infographic | All about wine

Olartemoure Blog

Let’s raise our glasses to the fascinating world of wine! Behind every bottle, there’s an intellectual property voyage. Today we travel through vineyards and vintages to celebrate National Wine Day. What’s in a Label? The bottle’s label includes the winery’s name and the Denomination of Origin, ensuring that the wine complies with specific geographical and quality conditions.

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3 Count: Her Not Her

Plagiarism Today

Scarlett Johansson threatens to sue OpenAI, Cox sues insurers over copyright payout, and NMPA seeks to end statutory licenses. The post 3 Count: Her Not Her appeared first on Plagiarism Today.

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Gavel to Gavel: Limits on copyright infringement not limited

JD Supra Law

Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year period.

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C4IP Urges Senate Judiciary to Ignore Common Myths About Drug Patents

IP Watchdog

On May 20, the Council for Innovation Promotion (C4IP) sent a letter addressed to the U.S. Senate Committee on the Judiciary one day before the committee held a hearing on competition and consumer pricing in the prescription drug market. C4IP’s letter pushes back against common myths about the impact of patents on drug prices, some of which were the focus of debate during the Judiciary Committee hearing this week, to better inform Congressional efforts on expanding access to medicines for Americ

Patent 104
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BREAKING: Full Fed. Circ. Throws Out 'Rigid' Tests For Design Patents

IP Law 360

The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.

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Restaurant Promotion Plagiarizes Pokémon Cards

Plagiarism Today

A Japanese council created a series of collectible cards to promote local cuisine. Then fans noticed the similarities to Pokémon. The post Restaurant Promotion Plagiarizes Pokémon Cards appeared first on Plagiarism Today.

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Danger Ahead? Graham and KSR Now Apply to Design Patents

JD Supra Law

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. v. Teleflex Inc. LKQ Corporation et al. v. GM Global Technology Operations, LLC, Case No. 2021-2348 (Fed.

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YouTube Ripper Seeks IP-Addresses of ‘Threatening’ & ‘DMCA-Abusing’ Competitors

TorrentFreak

Like many other stream-ripper services, YTMP3.nu had many of its search results removed from Google’s search engine. DMCA notices sent by legitimate music industry groups such as the BPI and RIAA contain claims that the site violates the DMCA’s anti-circumvention provision. However, the YouTube-ripping service also views itself as a victim of bogus takedown notices sent by one or more competitors.

IP 103
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Sens. Challenge Pharma Lobbyist Over Patent Abuse

IP Law 360

U.S. senators from both sides of the aisle took turns at a Tuesday hearing questioning the pharmaceutical industry's top lobbyist over whether patent abuse plays a role in maintaining the high price of prescription drugs.

Patent 105
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3 Count: Babybus Battle

Plagiarism Today

US Supreme Court declined to hear a discovery rule case, Babybus lost its bid for a new trial, and ACE seized thousands of domains. The post 3 Count: Babybus Battle appeared first on Plagiarism Today.

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LKQ v. GM: What In-House Counsel Needs to Know About This Change in Design Patent Law

JD Supra Law

On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. et al. v. GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. By: Wolf, Greenfield & Sacks, P.C.

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Hollywood Takes Down Animeflix, Vegamovies and Others With Broad Anti-Piracy Order

TorrentFreak

Pirate sites and services are a major problem for rightsholders and can be challenging to deal with. In India, however, recent court orders have proven to be quite effective. Indian courts have issued pirate site blocking orders for over a decade. In recent years, these have transformed into a powerful legal tool, allowing rightsholders to protect existing and future works with relative ease.

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Strategic Hiring Was The New Normal For BigLaw In 2023

IP Law 360

The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

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3 Count: Mechanical Litigation

Plagiarism Today

Spotify sued by Mechanical Licensing Collective, Internet Archive fails to get music lawsuit tossed and Sony Music opts out of AI training. The post 3 Count: Mechanical Litigation appeared first on Plagiarism Today.

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On the Stand With Doug Carsten

JD Supra Law

Doug Carsten is the co-head of McDermott’s life sciences industry practice and focuses on complex patent litigation disputes. In this Q&A, Doug shares what he enjoys most about being a trial lawyer, his go-to advice for junior lawyers and how “My Cousin Vinny” has played a pivotal role in his career.

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‘UFC Ripper’ Tool Can Download UFC Fight Pass Streams

TorrentFreak

The Ultimate Fighting Championship ( UFC ) has promoted mixed martial arts fights for three decades, turning the sport into a billion-dollar industry. At the same time, the company has been fighting a battle against online piracy. Pirated livestreams and downloads are frequently used to bypass the monthly subscription fee for UFC Fight Pass , something the company is clearly not happy with.

Music 95
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GM Cleared Of 'Inequitable Conduct' Accusations In Patent Row

IP Law 360

A federal judge in Chicago has ruled that General Motors's longtime legal rival there has failed to convince him that engineers working for the automaker showed "deceptive intent" when filing a design patent at the U.S. Patent and Trademark Office using the wrong name.

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When is it Too Late to File a Copyright Infringement Lawsuit?

Plagiarism Today

A recent pair of Supreme Court decisions have addressed when one can file a copyright lawsuit. So, how late is too late? The post When is it Too Late to File a Copyright Infringement Lawsuit? appeared first on Plagiarism Today.

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FAQs: Annual Franchise Tax Payments for Delaware Alternative Business Entities

Cogency Global

What this is : Each year, limited liability companies (LLCs), limited partnerships and general partnerships formed or registered in Delaware are required to pay an annual LLC/partnership tax of $300 by June 1, covering the prior calendar year of existence. ( Delaware corporations are subject to different requirements. ) What this means : Below are some answers to the most frequently asked questions we field about this annual LLC/partnership tax requirement, which should help you maintain the goo

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Police Piracy Blacklist: No Celebrations For IWL’s 10-Year Anniversary?

TorrentFreak

Launched to considerable fanfare late March 2014 , the ‘Infringing Website List’ (IWL) is operated by the Police Intellectual Property Crime Unit (PIPCU). The IWL is one of the tools available under the banner ‘Operation Creative’, a multi-agency anti-piracy initiative led by police and supported by major rightsholders in the film, TV, music, publishing, and live sports sectors.

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Biden's Judicial Impact And What's Left On The Wishlist

IP Law 360

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Filibuster of Bill S-210 Confirmed: Conservative MPs Put Privacy and Free Speech Online At Risk Over Release of Report

Michael Geist

Last week I posted on concerns that Conservative MPs were engaged in a prolonged filibuster at the committee study of Bill S-210, a bill the government has called “fundamentally flawed” since it contemplates measures that raise privacy concerns through mandated age verification technologies, website blocking, and extends far beyond pornography sites to include search and social media.

Privacy 87
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TikTok and Google Join Adobe-led Initiative that Makes Image and Content Changes Transparent

IP Close Up

Both TikTok and Google recently joined an initiative comprised of leading content publishers and generators designed to make changes to images and other content easily Continue reading

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Court Rejects Law Firm’s Bid to Directly Obtain BitTorrent Users’ Identities

TorrentFreak

In many countries around the world there are long-established, well-worn legal processes that allow rightsholders to obtain the personal details of suspected pirates. Requirements vary from region to region but when certain conditions are met, few courts deny genuine copyright holders the ability to enforce their rights under relevant law. One of the most fundamental requirements is that the entity making the claim has the necessary rights to do so, yet over the years there has been no shortage

Law 94
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Using A Children's Book Approach In Firm Marketing Content

IP Law 360

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.