SpicyIP

MAY 1, 2022

The series is authored by Lokesh Vyas and myself in equal measure. For an introduction to this new IP Reveries series, please check the introduction post here. Class I brief – What’s in a name! In the last class, we essayed to examine the term IPR and saw how wide this umbrella opens. Given that the term “I.P.R.” Given that the term “I.P.R.”

IP 133

IP Intellectual Property Invention Law 133

The IPKat

MAY 3, 2022

Verstappen brought the case before the Dutch Supreme Court, where the Advocate General advised that a look-a-like could constitute an image, if the imitated person could be sufficiently recognized. The decision by the Dutch Supreme Court In its decision, the Dutch Supreme Court concurs with the Advocate General. International license.

Law 132

Law Advertising Advertising Art 132

Erik K Pelton

MAY 4, 2022

In this episode, we discuss what monitoring entails and why it is so valuable. The post The Benefits of Trademark Monitoring appeared first on Erik M Pelton & Associates, PLLC. Once you have an established and protected brand, there are significant benefits to monitoring for possible infringements and conflicts.

Trademark 113

Trademark Branding Brands Branding 113

SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. Sangita is a 3rd year student at Gujarat National Law University and has previously written for us here and here. 1- Booking.com B.V Defendant no.

Registering Trademarks 119

Registering Trademarks Trademark Advertising Advertising 119

IPilogue

MAY 4, 2022

Serena Nath is a 1L JD candidate at Osgoode Hall Law School. It used to be that occasionally we would hear in the news that some artist is suing some other artist for infringing their song. However, nowadays, it seems that many major artists are frequently being sued for copyright infringement. Where does this leave the music industry now?

Copyright Infringement 119

Copyright Infringement Music Copyright Copying 119

Patently-O

MAY 4, 2022

by Dennis Crouch. In a divided opinion, the Federal Circuit rejected a PTAB non-obviousness decision–holding that “generic industry skepticism” is irrelevant to the question of obviousness. Auris Health, Inc. Intuitive Surgical Operations, Inc. 2021-1732, — F.4th 4th —, 2022 WL 1275241 (Fed. 29, 2022). Teleflex Inc. ,

Art 126

Art Invention Patent Patent Infringement 126

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light of the Supreme Court’s Van Buren ruling. It also sidesteps the dispute regarding whether hiQ is still in business.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

TorrentFreak

MAY 2, 2022

Dozens of countries aligned with the defense of Ukraine have implemented unprecedented sanctions. From withering restrictions on Russia’s banking system to a simple refusal to do business, the desire is to restrict Putin’s ability to wage war. Where There’s The Will, There’s a Way. Who is Behind These Illegal Screenings?

Cinema 143

Cinema Social Media Business Copying 143

JD Supra Law

MAY 3, 2022

NFTs are attractive to individuals and businesses because they offer the ability to own something unique and genuine. It is unique because no other NFT is the same as another—they are not interchangeable. It is genuine because ownership of the NFT is tracked and stored on the blockchain, meaning. By: Oberheiden P.C.

Non-Fungible Tokens 102

Non-Fungible Tokens Ownership Business 102

43(B)log

MAY 2, 2022

Courts often are skeptical about small differences in wording when plaintiffs challenge them as causing deception. But when it comes to surveys or, here, approving settlements, matters can differ. This is despite the fact that the underlying complaint alleges that the products do not provide any actual tangible benefits.

Settlement 118

Settlement Advertising Advertising Marketing 118

IPilogue

MAY 6, 2022

Photo by Smorazanm ( Pixabay ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. Dua Lipa’s 2020 pop hit “Levitating” is facing copyright infringement lawsuits as of March 2022. For “Levitating,” the first complainant filed at the end of February 2022 in a Los Angeles federal court.

Music 118

Music Copyright Infringement Copying Public Domain 118

TorrentFreak

MAY 4, 2022

Music Companies sued RCN. Internet provider RCN is among the targeted providers. Three years ago, the company was sued by several major music industry companies including Arista Records, Sony Music Entertainment, Universal Music, and Warner Records. This countersuit initially failed. ” No Legal Obligation to Follow RCN’s Policy.

Music 112

Music Copyright Law Law Copying 112

Kluwer Copyright Blog

MAY 5, 2022

CEDRO considered that the activity carried out by GOOGLE DISCOVER was covered by this provision, and therefore claimed from it the amounts corresponding to the fair compensation (from the beginning of the provision of the GOOGLE DISCOVER service in December 2016 until October 2020), in a total amount of above 1 million Euro.

Intellectual Property Law 107

Intellectual Property Law Publishing Copyright Intellectual Property 107

Patently-O

MAY 4, 2022

Judges Moore, Newman, O’Malley, and Stoll are all more likely to favor the patentee while Judges Lourie, Hughes, Dyk, Prost, and Reyna relatively more likely to side with the patent challenger. Note that the differences between the judges are not huge–at most <10% difference. This is a very rough-cut of the data.

Patent 137

Patent 137

TorrentFreak

MAY 4, 2022

Building a community, meeting new friends, and doing something a little unusual can all yield rewards that money can’t buy. But the reality for most is that money doesn’t grow on trees and adulation from fans doesn’t pay website bills. AnimeKisa – An Impractical Success Story. AnimeKisa Removes Advertising.

Advertising 114

Advertising Advertising Branding Brands 114

Copyright Alliance

MAY 5, 2022

This weekend is Mother’s Day, and mothers around the nation will be bombarded with bouquets brimming with flowers of all shapes, colors, and sizes. It is part of that ideal […]. The post Are Flower Arrangements Copyrightable?? appeared first on Copyright Alliance.

Copyright 102

Copyright 102

Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used. What is covered in an AUP? Personal email/communications.

Social Media 97

Social Media Reporting Business Fair Use 97

IPilogue

MAY 2, 2022

Photo by Tina Hartung ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LL.M Candidate at Osgoode Hall Law School. As Andrew Masson recently discussed , Russia is now responding to sanctions by removing the protection of IP rights in its territory for owners from “unfriendly” countries. Suspension of Association with Russian Patent Offices.

IP 106

IP Trademark Patent Licensing 106

Technology & Marketing Law Blog

MAY 3, 2022

Third parties created ads featuring Hepp without her consent. From the complaint (Hepp is the upper right image; the photo was taken from security camera footage): Facebook ran some of the ads featuring Hepp’s image. On remand, the district court rejects Facebook’s motion to dismiss the publicity rights claims. Statutory Liability.

Advertising 102

Advertising Advertising Law Marketing 102

Technology & Marketing Law Blog

MAY 4, 2022

“Plaintiff contends that Pinterest has infringed the copyrights of 51 of his works by displaying these works in proximity to advertisements and by displaying and distributing them to users via notifications.” ” The court gives this screenshot as an example. You’ll see to its immediate right an advertisement (a promoted pin).

Advertising 94

Advertising Advertising Copyright Infringement Copyright 94

The IPKat

MAY 3, 2022

Is 2022 the year of the Metaverse? It would certainly seem so. By 'Metaverse', we mean an immersive and interactive online world (think Ready Player One ). This is to be distinguished from the internet as we currently know it. Could the Metaverse be the new ‘Wild West’ of trade marks, bringing with it problems of trade mark squatters?

Non-Fungible Tokens 100

Non-Fungible Tokens Branding Brands Branding 100

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Was the agreement an “offer to sell” and was it excused by the “experimental use” exception. Sunoco’s patents cover systems for blending butane into gasoline. Wells Elecs.,

Invention 82

Invention Contracts Licensing Inventor 82

TorrentFreak

MAY 1, 2022

Piracy is a complicated phenomenon and the reported effects on legal consumption are not always straightforward. The issue has been researched extensively with both positive and negative effects being reported, often varying based on the type of content studied. In addition, the effect is stronger during the second half of a season.

Journalism 104

Journalism Reporting Copying Publishing 104

IP Watchdog

MAY 4, 2022

Earlier this year, we discussed Amgen’s petition for Supreme Court review of the Federal Circuit’s affirmance invalidating several antibody patent claims based on a lack of enablement for genus claims. 20-380, January 19, 2021). However, on April 18, the Supreme Court invited the Solicitor General to file a brief expressing the views of the U.S.

Government 130

Government Patent Litigation IP 130

Patently-O

MAY 5, 2022

The Administrative Conference of the United States (ACUS) is an independent federal agency that’s charged with recommending improvements to administrative process and procedure. The position of Chairman is currently vacant, so the Vice-Chairman, Matthew Lee Wiener , is serving as Acting Chair. to enforce their patents. claims patent court; 3.

Patent 111

Patent Designs Design Patent Infringement 111

TorrentFreak

MAY 6, 2022

For many years, U.S. lawmakers have considered options to update the DMCA so it can more effectively deal with today’s online copyright issues. Many proposals have come and gone, without resulting in any significant update. That could be about to change. ” the Copyright Office asks. ” the list of questions continues.

Copyright 90

Copyright Copyright Infringement Publishing Designs 90

IPilogue

MAY 5, 2022

Photo by Gabriel Gurrola ( Unsplash ). Andrew Masson is an IPilogue writer and 1L JD candidate at Osgoode Hall Law School. After a four-year battle, Ed Sheeran has finally received vindication for copyright claims against his hit song “Shape of You”. The case started with one portion of “Shape of You” accused of plagiarism.

Plagiarism 73

Plagiarism Music Copying Copyright 73

The IP Law Blog

MAY 5, 2022

For example, professors and teachers have confronted the challenge of how to prevent students from cheating on exams. When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. David Berkovitz is an Assistant Professor at Chapman University in Orange, California. As part of that course, Prof.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

TorrentFreak

MAY 3, 2022

People being free to share and access ideas, knowledge and opinions with their peers is a universally accepted standard for the entire human race. The big problem is that the definition of ‘free’ differs widely and is often defined by the few, not the many. In online terms, true freedom is already under threat.

Government 92

Government IP Designs Design 92

The IPKat

MAY 1, 2022

EVENTS 5-6 May 2022 - 14:00 (WEST) | CIDP – “ International Conference – The legal challenges of the fourth industrial revolution – The European Union’s digital strategy ” CIDP is organizing a conference on the future of digital transformation and the European Union's Digital Strategy. All information and registration can be found here.

Intellectual Property 76

Intellectual Property Editing Intellectual Property Law Registration 76

Velocity of Content

MAY 3, 2022

Meeting the daily evolution of consumer trends and setting the pace with disruptive innovation is the perennial challenge for food and other consumer package goods (CPG) companies. What type of companies is this session for? All types, and not exclusively food and beverage. What roles is this session for ? This session is for everyone.

Blogging 75

Blogging Marketing Marketing Business 75

JD Supra Law

MAY 5, 2022

Social media is a great frontier to build and expand brand equity. Companies use it to create brand identities and even brand “personalities.”

Social Media 97

Social Media IP Branding Brands 97

Patently-O

MAY 6, 2022

If you have time, I would recommend attending the USPTO’s Virtual Instructor Led Training (vILT). The training is great background for patent prosecutors because it is typically identical to what is provided to patent examiners. The Office is working through a multi-part course on how it examines 35 U.S.C. § Rationale for combining prior art.

Art 57

Art Patent 57

43(B)log

MAY 2, 2022

FDLI is a nonprofit member organization that has been providing education, training, publications, and professional engagement opportunities since it was founded in 1949. Each year, our organization hosts the H. Thomas Austern Writing Competition for law students interested in areas of the law impacting FDA-regulated industries.

Law 72

Law Journalism Publishing 72

Patently-O

MAY 5, 2022

In particular, the statute required the inventor to provide “a written description of [the] invention, in such full, clear, and exact terms, as to enable any person skilled in the art or science to which it appertains, to make and construct the same.” ” 5 Stat. 117 (1836). What do you think?

Inventor 92

Inventor Invention Art Patent 92

IP Law 360

MAY 5, 2022

Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

Law 74

Law 74

Nelligan Law

MAY 2, 2022

Reading Time: 3 minutes Bill 88, the Working for Workers Act, 2022 , received royal assent on April 11, 2022. One of the most interesting changes to the law is the creation of a new employment standard aimed at ensuring employees are informed of electronic surveillance in the workplace. Bill 88 creates a new Part XI.1

Copying 79

Copying Blogging Law 79