Plagiarism Today
OCTOBER 1, 2024
The US Patent and Trademark Office has canceled Marvel and DC's trademark registrations related to the term superhero. Here's what it means. The post The Death of the Superhero Trademark appeared first on Plagiarism Today.
Erik K Pelton
OCTOBER 8, 2024
Trademarks are everywhere, and Erik shares 25 reasons to love them in this episode. The post 25 Reasons I Love Trademarks appeared first on Erik M Pelton & Associates, PLLC. Trademarks are everywhere, and Erik shares 25 reasons to love them in this episode.
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Hugh Stephens Blog
OCTOBER 6, 2024
Image: Shutterstock.com (with AI Assist) Tempus fugit. Time flies, as we all know. It’s hard for me to believe that it was over 5 years ago that I wrote a couple of blogs on obituary piracy; (The Deadliest Aspects of Copyright and Obituary Piracy Punished: Has Infringement No Bounds?
JD Supra Law
OCTOBER 4, 2024
On September 28, 2024, California Governor Gavin Newson signed into law AB-2013, requiring developers of generative artificial intelligence (AI) models, under certain conditions, to make specific disclosures regarding those models by January 1, 2026. At a high level, the disclosure requirements are directed towards greater transparency regarding what data goes into generative AI systems, especially for developers making AI systems expected to be generally available to the public.
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?
The IPKat
OCTOBER 6, 2024
IPKat-approved Laion A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Arts. 3 and 4 of the DSM Directive (310 O 227/23). As reported on The IPKat and elsewhere , the Hamburg court ruled that LAION could rely on the exception found in Section 60d UrhG (TDM for scientific research purposes).
Copyright Lately
OCTOBER 6, 2024
A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. Ken Caillat , the Grammy Award-winning sound engineer and co-producer of Fleetwood Mac’s iconic Rumours album , claims the creators of Stereophonic didn’t exactly go their own way when crafting the hit play.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
OCTOBER 8, 2024
The following is an edited transcript of Chapter 15 of my book video Building a Bold Brand: Avoiding Generic Use In the last few years, more and more brands have added a generic product or category name after their brand name on packaging. The first brand to do this extensively was Kleenex®. Their packaging says “Kleenex brand tissues” to make it clear that Kleenex is not the name for all tissues and to help people avoid using the “Kleenex” name generically.
IPilogue
OCTOBER 1, 2024
By John Nyman Dr. Amanda Turnbull, Osgoode PhD (2024). (Giselle B Photography) Throughout her doctoral studies, Amanda Turnbull has grappled with the legal consequences of “machines doing things with words.” Her timely dissertation, Law, Language, and Authority: The Algorithmic Turn , completed in August 2024, offers a measured yet unflinching reflection on how artificial intelligence is transforming society and the law.
JD Supra Law
OCTOBER 7, 2024
I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on my floor as I read it cover to cover more times than I could count. Worlds collided, and it blew my mind that DC and Marvel could produce a team-up along these lines.
The IPKat
OCTOBER 1, 2024
Like many other celebrities (think of: Scarlett Johansson or Drake), The IPKat also has a characteristic appearance – not to say: objective beauty and appeal – worth protecting against the frequent third-party misappropriation attempts. Yet, the very protection of one’s own likeness and other personal features (for example: voice, silhouette, etc) may vary very significantly from jurisdiction to jurisdiction, with virtually no international or – to the exclusion of data protection / privacy aspe
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The Trichordist
OCTOBER 5, 2024
We’re pleased to announce the 4th annual Artist Rights Symposium on November 20, this year hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall.
Plagiarism Today
OCTOBER 9, 2024
Movie studios target anime piracy site, Taiwan composers battle over music score and author sues Bungie over Destiny 2 expansion. The post 3 Count: Settling the Score appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 2, 2024
On October 30, the nonpartisan think tank, Sunwater Institute, published a policy report on patent quality in the United States including suggestions for U.S. policymakers to better address errors in examining and adjudicating patents for validity. The policy report finds that the rate of erroneous patent grants in the United States is less than half the rate of erroneous patent abandonment, undercutting narratives that the nation’s economy faces major issues related to poor quality patents bei
IP Law 360
OCTOBER 1, 2024
The U.S. Patent and Trademark Office is more likely to reject patent applications with valid claims than approve applications with invalid claims, according to a new report commissioned by former USPTO directors and Federal Circuit judges who were concerned about an alleged "epidemic" of bad patents.
SpicyIP
OCTOBER 1, 2024
[A big thanks to Swaraj for his inputs on the post.] The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. Pre-grant oppositions (PGOs) are crucial in India’s patent system, allowing challenges to patents before they’re granted.
TorrentFreak
OCTOBER 4, 2024
The Motion Picture Association ( MPA ) has been a key player in the anti-piracy fight for decades and this position has only strengthened in recent years. As the driving force behind the Alliance for Creativity and Entertainment, the MPA finds itself at the center of an international enforcement apparatus. A few weeks ago, ACE helped to shut down Fmovies , the largest pirate streaming conglomerate.
IP Close Up
OCTOBER 1, 2024
The Center for Intellectual Property Understanding (CIPU) has announced that it is holding the 2025 IP Awareness Summit (IPAS 2025) on April 24th at Dolby Continue reading
JD Supra Law
OCTOBER 8, 2024
On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by email on defendants located in China. Slip Op. at 1.
IP Watchdog
OCTOBER 3, 2024
The U.S. Patent and Trademark Office (USPTO) on Wednesday, October 3, issued a final order terminating approximately 3,100 patent applications for intent to deceive the Office via fraudulent “S-signatures.” The USPTO said in a news alert yesterday that the “scale of this fraudulent action is a stark reminder for registered practitioners of their obligations under the USPTO Rules of Practice to take reasonable precautions to protect their credentials and alert the USPTO of any suspected fraud.
IP Law 360
OCTOBER 4, 2024
The rapidly expanding space tourism industry is raising a vast universe of potential intellectual property issues. Experts say most of the laws governing extraterrestrial IP are as unexplored as space itself.
SpicyIP
OCTOBER 4, 2024
Just a day after our update on the Lenacapavir patent oppositions ( here ), Gilead has signed “Royalty-Free Voluntary Licensing Agreements” (VLAs) ( pdf ) with generic manufacturers aimed at boosting HIV prevention in “high-incidence, resource-limited countries.” The focus is squarely on low- and middle-income countries (LMICs), as highlighted in Gilead’s official reports ( here ) and various media outlets ( here ).
TorrentFreak
OCTOBER 2, 2024
When a Nintendo lawsuit targeted the people behind the Yuzu emulator in February, leading to its shutdown just a few weeks later, dark clouds appeared over the future of Switch emulation. With momentum on its side and tacit acceptance of its core claims via settlement agreement with Yuzu, Nintendo targeted key software tools underpinning emulation of its copyrighted games.
Technology & Marketing Law Blog
OCTOBER 5, 2024
The EPA civilly sued eBay for third-party merchant listings of items that violate environmental laws. For example, the EPA identified over 300k aftermarket “defeat device” listings, 5k+ listings for products containing methylene chloride , and 23k listings for violative pesticides. eBay defeats the lawsuit. Is eBay the “Seller”?
IP and Legal Filings
OCTOBER 4, 2024
INTRODUCTION Medical negligence has turn out to be one of the solemn issues in India. It effects in death of the patient or complete/partial impairment or any other misery which has contrary effects on the patient’s health. It is really a serious distress for the complete nation that 10 people fall victim to medical negligence every minute and more than 11 people expire every hour in nation due to this medical error.
IP Watchdog
OCTOBER 1, 2024
On the final day of IPWatchdog LIVE 2024, Phil Johnson became the second recipient of the annual Pauline Newman Award, which is presented each year to recognize the unique achievements of one patent attorney over their career. The presentation was followed by a discussion with Johnson, Judge Paul Michel, IPWatchdog Founder and CEO Gene Quinn and Judge Newman, who recapped for attendees her ongoing battle to fight her suspension from the U.S.
IP Law 360
OCTOBER 3, 2024
Apportionment is the solution to the problem of inflated patent infringement damages, and courts should return to focusing on the smallest saleable unit as the starting point for apportionment analysis, say William Lee at WilmerHale and Mark Lemley at Stanford Law School.
Christopher Roser
OCTOBER 1, 2024
In my last post, I started to look at factors that affect the efficiency of your line, in particular the percentage of value-added time by the operators. For this I have a good data set with fifty-three different observations. One major factor was the speed of the line. Faster lines are not only easier to. Read more The post Effects on Efficiency—Group Size, Line, Location, Product first appeared on AllAboutLean.com.
TorrentFreak
OCTOBER 3, 2024
In recent years, the European Commission has proposed and adopted various legislative changes to help combat online piracy. They include the Copyright Directive which passed in 2019 and the Digital Services Act (DSA), which followed not long after. These measures have been spurred on by major copyright holders, who have long called for stricter enforcement of pirated content online.
JD Supra Law
OCTOBER 9, 2024
Join Troutman Pepper Partners Bill Belanger and Greg Len for an insightful discussion on the evolving landscape of intellectual property (IP) within the renewable energy sector. Discover the increasing trend of patent infringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations.
Technology & Marketing Law Blog
OCTOBER 1, 2024
It feels like we are getting a pixel ruling every day. I’ve ignored most of them. I’ve decided this one from 2 months ago is worth blogging, even at this date, given Judge Chhabria’s treatment of these claims. The court summarizes the context: In many pixel cases, the plaintiffs sue the owner of the web property they interacted with, alleging that the owner installed source code that caused their personal information to be transmitted to a third party.
IP Watchdog
OCTOBER 3, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential opinion on Thursday, October 3, that Section 43(a)(1)(B) of the Lanham Act does apply to a party’s false claims that it holds a patent on a product feature coupled with related advertisements that cause consumers to be misled about the “nature, characteristics, or qualities of its product.
IP Law 360
OCTOBER 3, 2024
A member of five different New York-area bands playing upward of 50 shows per year, Mintz partner Brad Scheller is used to trading in his suit and tie after hours for a punk rock T-shirt.
IP and Legal Filings
OCTOBER 3, 2024
Introduction Recently, the Wayanad tragedy in India has shaken the nation to its core. Two landslides struck Wayanad on July 30 after days of heavy rain in Kerala, resulting in 221 deaths and 206 missing, according to official reports. In its aftermath, the Central Government, on July 31, issued a draft notification to delineate around 57,000 square kilometres of Western Ghats as an ‘ Ecologically-Sensitive Zone’ (“ ESZ ”).
TorrentFreak
OCTOBER 3, 2024
When news broke in August that Telegram founder Pavel Durov had been arrested after his private plane touched down in France, speculation on the reasons behind that were in plentiful supply. After letting the rumor mill boil for a few days, French authorities said they had charged Durov with criminal offenses related to his role at Telegram and the platform’s “near-total absence” of cooperation with French authorities.
JD Supra Law
OCTOBER 7, 2024
The fight over the lucrative app market ropes another manufacturer into the fray. Nine months after persuading a jury that Google LLC had monopolized the markets for Android app distribution and in-app billing, Epic Games has filed a new antitrust suit against Google, this time adding Android manufacturer Samsung Electronics, for allegedly working with Google to maintain its monopoly in exchange for huge benefits flowing to Samsung (Epic Games, Inc. v.
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