Erik K Pelton
JUNE 13, 2023
The following is an edited transcript of my video Anatomy of an Appeal to the TT A B. Every year, a few hundred refusals from the Patent and Trademark Office on trademark applications end up getting appealed to the Trademark Trial and Appeal Board (TTAB). It’s a small percentage of the overall number of applications and of the overall number of refusals.
IP Watchdog
JUNE 13, 2023
Taco Bell is on the short list as one of my guilty (or not-so-guilty) pleasures. So, when the popular restaurant chain filed a cancellation action against the TACO TUESDAY trademark, I knew I had to write a piece about it. On May 16, 2023, Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY, which was registered by Spicy Seasonings, LLC in 1989 for “restaurant services.
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Plagiarism Today
JUNE 15, 2023
Music publishers filed a $250 million lawsuit against Twitter. But despite the large numbers, the case is actually fairly mundane. The post Why Twitter is Being Sued for $250 Million appeared first on Plagiarism Today.
Hugh Stephens Blog
JUNE 11, 2023
Roughly a month after the CRTC charged out the gate by launching public consultations on the regulations it will issue to implement Bill C-11, the Online Streaming Act, (Implementing Canada’s Online Streaming Act: The CRTC is Fast Out of the Gate), the government has finally issued the promised Policy Directive that is to guide these … Continue reading "Implementing the Online Streaming Act: Government Policy Directive to CRTC is Missing Key Elements"
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?
Erik K Pelton
JUNE 12, 2023
On Friday, the USPTO sent out a notice to many trademark owners who’s email address were “recently identified a data security incident that impacted domicile information in certain trademark filings between February 2020 and March 2023.” This incident is quite concerning, as the USPTO has maintained for several years that the applicant email address (when an application is filed using an attorney) would be hidden from all publicly accessible records.
Intellectual Property Law Blog
JUNE 16, 2023
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 2 On Your Tennessee Carpet” does not receive special First Amendment treatment where the accused infringer used the trademarks at issue to designate
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JUNE 12, 2023
For several decades, The Scene has been a key source for pirated content that’s made available on the Internet. Technically, release groups operate in a closed ecosystem, but the reality is different. The vast majority of the files published on private Scene servers eventually find their way to public pirate sites. The secretive nature of The Scene has been a major challenge for law enforcement but in the summer of 2020, the US Department of Justice made a major breakthrough.
IP Watchdog
JUNE 13, 2023
Today, the International Trademark Association (INTA) published an amicus brief filed with the Court of Justice of the European Union (CJEU) in a case that should have major implications for the effects of Brexit on EU trademark law. INTA’s brief asks the CJEU to reverse a lower court’s decision and rule that the EU Intellectual Property Office (EUIPO) was correct in determining that UK trademark law can no longer provide a legal interest to sustain an opposition to an EU trademark application f
Patently-O
JUNE 13, 2023
The U.S. Patent and Trademark Office (USPTO) has announced a call for nominations for membership in its esteemed Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). These committees were established under the Patent and Trademark Office Efficiency Act in 1999 with the task of advising the Secretary of Commerce and the Under Secretary of Commerce for Intellectual Property on patent and trademark operations, including agency management, goals, performance, b
Plagiarism Today
JUNE 13, 2023
As companies look to make use of AI-generated content, they're also finding ways to mitigate the legal risks that come with it. The post Mitigating Copyright Dangers of Using AI Content appeared first on Plagiarism Today.
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TorrentFreak
JUNE 13, 2023
Strike 3 Holdings has been a familiar name in U.S. federal courts for a while now. Last year, the adult entertainment company filed a record-breaking number of lawsuits against alleged BitTorrent pirates. The company is keeping up this pace in 2023, averaging dozens of lawsuits per week. Most of these are never mentioned in the press and a large number are settled behind closed doors.
JD Supra Law
JUNE 16, 2023
The Federal Trade Commission (FTC) announced the INFORM Act will take effect on June 27. Businesses with an online presence should understand what the new law means and how to prepare to avoid penalties. See Gibney’s prior update for more details on the Act requirements.
IP Watchdog
JUNE 15, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision Wednesday that the Patent Trial and Appeal Board (PTAB) was correct to affirm a United States Patent and Trademark Office (USPTO) examiner’s finding that the claims of U.S. Patent Application 15/131,442 were obvious in view of the prior art. The patent application was filed by John Couvaras and covers a method of reducing high blood pressure.
Plagiarism Today
JUNE 14, 2023
Judge tosses banana art case, Tokyo court rules against blogger in subtitle battle and Comcast forced to identify suspected pirate. The post 3 Count: Banana Problems appeared first on Plagiarism Today.
TorrentFreak
JUNE 15, 2023
Faced with extradition to the United States to face copyright infringement, racketeering, and money laundering charges, last year Mathias Ortmann and Bram van der Kolk made a big decision. In May 2022, the former Megaupload executives revealed that they had signed a deal to avoid extradition and would be charged with crimes in New Zealand instead. One month later, the men pleaded guilty to a raft of crimes, safe in the knowledge that any sentence would be served in New Zealand, not in a U.S. pri
Kluwer Copyright Blog
JUNE 11, 2023
On 20 April 2023 in the joined cases Blue Air ( C-775/21) and SNTFC (C-826/21) the CJEU pronounced once again on the infringement of the right of communication to the public, making a further contribution to the already rich case law in this field. This time the questions related to the existence (or not) of a communication to the public by persons who have installed equipment that can be used for the broadcasting of copyright protected works.
IP Watchdog
JUNE 12, 2023
Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S. utility or plant patent that would be otherwise unattainable.
Plagiarism Today
JUNE 15, 2023
Twitter hit with massive lawsuit over music, Senate bill targets AI protections, and 2 Megaupload employees sentenced. The post 3 Count: Mega Prison Sentence appeared first on Plagiarism Today.
TorrentFreak
JUNE 14, 2023
Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the ‘Destiny 2’ cheating software. AimJunkies denied the claims and argued that cheating isn’t against the law.
IP Tech Blog
JUNE 13, 2023
Reasoning that the form of a copyright registration does not really matter, the Ninth Circuit recently affirmed a district court’s ruling that real estate photography provider VHT was entitled to statutory damages for 2,700 photos infringed by Zillow even though VHT had registered all of the works at issue as part of a single database. Zillow argued that VHT should be held to its registration, i.e., that the infringement was of a single work for which VHT could obtain a single statutory damage a
IP Watchdog
JUNE 12, 2023
Parus Holdings, Inc. was unsuccessful today in its bid to the U.S. Court of Appeals for the Federal Circuit (CAFC) to reverse two Patent Trial and Appeal Board (PTAB) decisions invalidating its patent claims for voice recognition technology. The CAFC in part said in a precedential decision authored by Judge Lourie that since Parus violated the U.S. Patent and Trademark Office’s (USPTO’s) regulation against arguments incorporated by reference, the PTAB did not have to consider evidence related to
Plagiarism Today
JUNE 13, 2023
YouTube settles case with composer, Marvel resolves copyright termination dispute, and Distrokid sued over handling of DMCA notices. The post 3 Count: Settling Down appeared first on Plagiarism Today.
TorrentFreak
JUNE 16, 2023
Legal video streaming services such as Amazon, Disney, and Netflix are booming. At the same time, there’s a flourishing dark market of pirate streaming tools. These unauthorized alternatives increasingly use slick designs and easy-to-use apps to appeal to a broad audience. And unlike the legal options, they offer all popular titles under the same roof, without charging a penny.
JD Supra Law
JUNE 14, 2023
On June 8, 2023, the Supreme Court of the United States issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC, a trademark case concerning the First Amendment parody defense. In a unanimous opinion authored by Justice Kagan, the court sided with Jack Daniel’s Properties, ruling that the First Amendment did not protect the “Bad Spaniels” dog chew toy that mimicked the iconic Jack Daniel’s liquor bottle (see side-by-side comparison below).
Kluwer Copyright Blog
JUNE 14, 2023
Attributed to Daniele da Volterra, Public domain, via Wikimedia Commons On 20 April 2023, the Italian Civil Court of first instance of Florence (Tribunale civile di Firenze) issued a decision that held unlawful the reproduction by lenticular technique of the image of Michelangelo’s David and its juxtaposition with the image of a male model on the cover of GQ magazine.
Copyright Alliance
JUNE 15, 2023
A year has flown by since the launch of operations of the small-claims copyright tribunal, the Copyright Claims Board (CCB), by the U.S. Copyright Office on June 16, 2022. The […] The post Significant Observations as the CCB Turns One appeared first on Copyright Alliance.
TorrentFreak
JUNE 15, 2023
Under U.S. law, online service providers need to respond to takedown notices and implement a meaningful policy to terminate the accounts of repeat infringers. Many of the large social media platforms stick to these rules, but according to a lawsuit filed this week by several prominent music companies, Twitter is not among them. ‘Breeding Mass Copyright Infringement’ Universal Music, Sony Music, EMI and others filed a complaint at a federal court in Nashville, Tennessee, accusing Twit
IP Watchdog
JUNE 15, 2023
The U.S. Supreme Court today delivered a ruling that flows from a trade secrets theft case, holding that “the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district.” The underlying case involves a software engineer, Timothy Smith, who stole trade secrets from StrikeLines, a company that uses proprietary technology to identify private, artificial reefs that individuals construct to attract fish and then sells t
The Trichordist
JUNE 14, 2023
If you’re like us, you have an office pool on who will win the eagerly anticipated release of the MLC’s 2022 tax return! “Winning” in this case… Read more "Win Your Office Pool on MLC Salary Raises!
JD Supra Law
JUNE 13, 2023
Establishing a successful clothing company presents numerous unique challenges and legal intricacies. To achieve lasting success, it is crucial to find the right balance between business, legal, and creative considerations. Here are some major considerations that shape the foundation of a thriving fashion business.
TorrentFreak
JUNE 10, 2023
The success of OpenAI’s ChatGPT inspired Microsoft to add more AI features to its Bing search engine. The idea is that this will allow users to receive more elaborate answers compared to an ordinary list of links. Whether this strategy will pay off has yet to be seen, but in our tests, something else stood out. People are not the only ones asking questions.
Velocity of Content
JUNE 13, 2023
Scientists in any discipline need to play the role of a data scientist in the process of their research, according to an information professional at a science advocacy nonprofit with whom I spoke recently. When she was hired, one of her initial remits was to build out the subscriptions licensing portfolio and to look at external information as more of a strategic resource.
SpicyIP
JUNE 12, 2023
Last week saw a bunch of interesting IP developments. The Bombay High passed two important orders related to the assignment of copyright, Calcutta High Court passed a first-of-its-kind order on the Plant Varieties Act, granting an interim injunction to the plaintiff. Read on below for an update on these as well as other developments and discussions that took place on the blog in the last week.
JD Supra Law
JUNE 12, 2023
NS Brands Ltd. (NatureSweet) recently filed its third lawsuit against Mastronardi Product Ltd. and Mastronardi Product USA Inc. (Angel Sweet) in just over 10 years, alleging unfair competition and trademark and trade dress infringement of its CHERUBS tomatoes packaging under federal and state law.
TorrentFreak
JUNE 12, 2023
According to the original complaint filed July 2, 2020, this was a case about “copyright piracy” and how YouTube, the largest video-sharing website in the world, plays host to huge numbers of videos infringing on the rights of copyright holders. It was a case about how YouTube facilitates and induces a “hotbed of copyright infringement” through its development and implementation of a copyright enforcement system called Content ID, a system that protects powerful copyright
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