Erik K Pelton
DECEMBER 18, 2024
Our top 25 (not just trademark) tips distilled from 25 years of building bold brandsincluding our own. The post 25 Top Tips from 25 Years appeared first on Erik M Pelton & Associates, PLLC. Our top 25 (not just trademark) tips distilled from 25 years of building bold brandsincluding our own.
JD Supra Law
DECEMBER 18, 2024
The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the Unified Patent Court Agreement ("UPCA") contains no provision on the doctrine of equivalents.
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IP and Legal Filings
DECEMBER 16, 2024
INTRODUCTION Trade dress protection is an important aspect of intellectual property, whereby the special visual aspect of products or packaging will identify the origin of products to consumers. The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces.
The IPKat
DECEMBER 19, 2024
The IPKat is thrilled to announce the launch of the 2024 Book of the Year Awards, continuing its cherished end-of-year tradition! Now in its seventh edition, the award allows the Kat community to choose their favourite books in the following six categories: Patents Copyright (including related rights and performers rights) Trade Marks (including Geographical Indications) Designs Best Foreign Language (Non English) Intellectual Property Book Intellectual Property (any book that covers more than o
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?
IP Watchdog
DECEMBER 20, 2024
Copyright law provided an arena for some of the most interesting legal battles in 2024. We review some highlights from 2024 below, as well as some cases to watch in 2025.
JD Supra Law
DECEMBER 17, 2024
The sun is officially setting on the United States Patent and Trademark Offices (USPTO) After Final Consideration Pilot Program 2.0 (AFCP 2.0)[1]. This program, which has been instrumental in facilitating patent prosecution efficiency, will officially conclude on Saturday, December 14, 2024.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Patently-O
DECEMBER 19, 2024
by Dennis Crouch The Senate Judiciary Committee’s Subcommittee on Intellectual Property recently held a new hearing focusing on the RESTORE Patent Rights Act, a deceptively simple one-sentence bill that could dramatically reshape patent enforcement in the United States. The hearing highlighted the stark divide between those who believe stronger injunctive relief is needed to protect patent rights and those who warn that presumptive injunctions could harm innovation.
IP Watchdog
DECEMBER 17, 2024
This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. As of December 9, the UPC has issued over 20 decisions on the merits, primarily involving infringement actions, and numerous decisions relating to provisional measures. The Court has granted injunctions in all cases where a patent has been found to be valid and infringed (including Standard Essential Patent (SEP) cases).
JD Supra Law
DECEMBER 17, 2024
The United States Patent and Trademark Office (USPTO) has withdrawn its controversial proposal to amend the rules on terminal disclaimers and double patenting. This decision marks a significant triumph for advocates of continuation patent strategies and the broader innovation ecosystem.
IP Law 360
DECEMBER 20, 2024
Ahead of a trial in February in Oregon federal court, Nike Inc. and Converse Inc. on Thursday blasted trade secret theft allegations involving an anti-counterfeiting system from Valmarc Corp., saying that Valmarc failed to protect its claimed secrets, that the technology at issue has been around for years and that the company's complaint is time-barred.
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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.
TorrentFreak
DECEMBER 18, 2024
According to an infamous anti-piracy PSA that just recently celebrated its 20th birthday, downloading a copy of a movie is the same as stealing a physical disc from a regular store, stealing a handbag, or even stealing a car. These claims remain factually incorrect but at the time the PSA was released, rightsholders needed to drive a simple message home.
Copyright Alliance
DECEMBER 17, 2024
As the fall season ends, the Mariah Carey defrosting process begins Christmas is here! Across the country excited families begin their Christmas light extravaganza. Whether it is Candy Cane […] The post Does Copyright Law Protect Christmas Light Displays? appeared first on Copyright Alliance.
JD Supra Law
DECEMBER 16, 2024
Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) is changing direct filing options for trademark applications, as well as increasing and adding new fees for a number of filings. Here are some of the more impactful changes.
Erik K Pelton
DECEMBER 19, 2024
The USPTO TEAS filing system will be retired on January 18, 2025, after more than 20 years! And with the new “Trademark Center” come new and increased filing fees. For much more on the new fees and new application form, see Changes to USPTO Trademark Fees: What You Need to Know The post Countdown clock to USPTO’s Retirement of TEAS and New Trademark Fees appeared first on Erik M Pelton & Associates, PLLC.
The TTABlog
DECEMBER 16, 2024
In a less than enlightening decision, the Board affirmed a refusal to register the proposed mark shown below as a service mark for "casinos" and "hotel, restaurant and bar services," finding that the mark "is not an inherently distinctive source identifier and therefore, fails to function as a service mark for Applicants services." According to the Board, it must consider the proposed mark in the abstract, unconnected to a building, and in that light the mark is merely a refinement of a "commonp
IP and Legal Filings
DECEMBER 20, 2024
Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. Across-the-board social media and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities.
JD Supra Law
DECEMBER 20, 2024
Scams related to U.S. trademark filings are becoming more common and sophisticated, making these scams increasingly difficult for trademark owners to identify.
Likelihood of Confusion
DECEMBER 17, 2024
Originally posted 2018-12-18 21:46:04. Republished by Blog Post PromoterEveryone knows that distinctiveness can be inherent or acquired, and that some kinds of trademarks — product-configuration trade dress, notably — can “never” be inherently distinctive. But not everyone knows that the same principle applies, though not (to my knowledge) utilizing the nomenclature of “acquired,” to trademark […] The post Strong to save appeared first on LIKELIHOOD OF C
IP Watchdog
DECEMBER 16, 2024
In 2024, there were several federal bills introduced and various studies and discussion about potential copyright-related regulations and legislation, but most remain pending or forthcoming. Proposed legislation related to artificial intelligence (AI) was the most prevalent and anticipated, and will be the focus of this article, with some reference to non-AI copyright-related rulemakings and legislation.
TorrentFreak
DECEMBER 20, 2024
There are plenty of options for copyright holders to frustrate pirate site operations, but attacking their domain names is particularly effective. In recent years, various entertainment industry groups have called on the domain name industry to help out on this front. The MPA previously signed landmark agreements with registries , enabling the movie industry group to act as a trusted notifier of pirate domains.
JD Supra Law
DECEMBER 20, 2024
On December 11, 2024, the French High Council for Literary and Artistic Property ("CSPLA") published a report on the implementation of the European regulation on artificial intelligence ("AI"), focusing on the transparency of data used for AI training and the respect of copyright and related rights. The report proposes guidelines and a template for the summary that AI model providers must make available to the public, as required by the regulation.
Copyright Lately
DECEMBER 15, 2024
As two social media influencers fight it out in court, a lawsuit over “sad beige” aesthetics sparks debate about creativity, commerce and copyright law. By now, youve no doubt heard about the copyright lawsuit shaping up to be 2024s version of Who Is the Bad Art Friend? : influencers Sydney Nicole Gifford and Alyssa Sheil are squaring off in court over who copied whose minimalist aesthetic on social media.
The IPKat
DECEMBER 19, 2024
Earlier this year, the Greek Council of State ( ) had the opportunity to consider the relationship between plant variety names and geographical indications (GIs). The decision was handed down on the 2nd of April 2024 (Case No. 428/2024), but has just been translated into English and published courtesy of GRUR International. A Kat thinking about olives on pizza for no apparent reason.
Patently-O
DECEMBER 19, 2024
by Dennis Crouch The Federal Circuit's December 19, 2024 decision in Altria (Philip Morris) v. R.J. Reynolds offers important guidance on patent damages methodology while potentially previewing issues soon to be addressed en banc in EcoFactor v. Google. The case centered on Reynolds' VUSE Alto e-cigarette product and its infringement of three Altria patents.
JD Supra Law
DECEMBER 19, 2024
A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her vibe, specifically her clean girl aesthetic characterized by neutral, beige, and cream color schemes, minimalist styling, and specific poses and outfits.
Intepat
DECEMBER 18, 2024
In 2024, Indian courts delivered several landmark judgments in the field of intellectual property (IP), addressing challenges that range from traditional trademark disputes to modern issues like copyright in AI training and digital piracy. These rulings not only clarified the application of existing laws but also emphasized the judiciarys proactive approach in adapting to evolving technological and business realities.
The IPKat
DECEMBER 15, 2024
Can the Spanish phrase MARICON PERDIDO, which roughly translates as hopeless faggot, be registered as a trade mark in relation to goods and services in the entertainment sector? Not according to the Grand Board of the European Union Intellectual Property Office (EUIPO), which held ( R 2307/2020G ) such an application to be contrary to accepted principles of morality' under Article 7(1)(f) EUTMR.
SpicyIP
DECEMBER 14, 2024
We are pleased to announce that NALSARs Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 15th Volume. The last date for submission of entries is March 31, 2025. For further details, please read their call and the guidelines below- Call for Papers: The Indian Journal of Intellectual Property Law (Vol.15) The Indian Journal of Intellectual Property Law (IJIPL) is the flagship intellectual property law journal of NALSAR University of Law, Hyderabad.
JD Supra Law
DECEMBER 19, 2024
Chinas ByteDance, the parent company of TikTok, is seeking USD1.1 million in damages from a former intern accused of sabotaging its artificial intelligence (AI) large language model training infrastructure.
Velocity of Content
DECEMBER 19, 2024
Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes. But in the brief time that followed, generative AI systems exploded into the public consciousness, and their interaction with copyrighted works likewise dominated copyright litigation.
The IPKat
DECEMBER 17, 2024
Earlier today, the UK Government launched a public consultation on copyright and Artificial Intelligence (AI), including unlicensed text and data mining (TDM) and computer-generated outputs. Katfriends Phil Sherrell and Toby Bond (both Bird & Bird) explain what this is all about. Here's what they say: NEWSFLASH - The UKs New Consultation on AI and Copyright: Purr-suing Balance?
IP and Legal Filings
DECEMBER 19, 2024
Challenges and Controversies Ambiguities in patenting software-related innovations Technological challenges: state of prior art and non-obviousness in virtual reality Ethical and societal impacts of patenting metaverse technologies The ethical and social implications of patenting metaverse technologies include data security, privacy, interoperability, monopolistic conduct, and access and innovation.
JD Supra Law
DECEMBER 19, 2024
Looking forward to the 2025 prediction season, a survey of the emerging AI-powered drug discovery landscape has been making the roundsand with good reason. The survey, summarized by Stanfords Chris Bradbury, is likely the most comprehensive public review of advancements in this rapidly evolving field to date.
Velocity of Content
DECEMBER 17, 2024
At the KMWorld 2024 conference , knowledge management (KM) professionals gathered to discuss the evolving landscape of managing and leveraging organizational knowledge. With advancements in artificial intelligence (AI) and the growing complexity of information governance, the event highlighted a central theme KM is no longer just about managing knowledge, its about enabling connection, innovation, and trust.
The IPKat
DECEMBER 20, 2024
Earlier this week, the IPKat announced the release of the long-awaited UK consultation on Artificial Intelligence (AI) and copyright. Now, we are pleased to host a further commentary by Angela Daly (University of Dundee). Heres what she writes: AI training data, copyright and the UK consultation* by Angela Daly This week, the UK Government released its latest consultation on AI and copyright , with a particular focus on inputs and outputs of AI models, as covered in this breaking IPKat post.
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