Velocity of Content

MAY 31, 2022

Obviously, there are many reasons to cite a paper (CiTO lists dozens here ). Why does the Impact Factor of journals not consider the types of citations? In short, the conversation changes from “how many times has this article or researcher, or topic been cited” to how has it been cited. .

Journalism 105

Journalism Publishing Law Technology 105

Patently-O

FEBRUARY 27, 2024

Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. Thus, while KSR mandated a more flexible approach, the Graham factors still form the foundation of any obviousness analysis.

Art 120

Art Invention Patent Application Patent 120

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. See [13], [21].

Litigation 98

Litigation Patent Marketing Marketing 98

IIPRD

APRIL 2, 2024

Consequently, developing nations that significantly rely on reasonably priced generic versions may find it more difficult to obtain necessary medications. The topic of data exclusivity is controversial; some current agreements include it, while others—such as India’s position—prioritize access to reasonably priced medications.

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

Fair Use 103

Fair Use Copyright Law Copyright Law 103

The IPKat

FEBRUARY 23, 2023

Where it is difficult to determine the losses suffered by the right holder or the profits earned by the infringer, the amount shall be reasonably determined by reference to the multiple of the amount of the royalties for the patent license. In this Kat’s perception, this ruling is noteworthy for at least four reasons.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

TorrentFreak

AUGUST 6, 2023

Piracy is a complicated phenomenon but most consumer research surveys on the topic are relatively straightforward. Psychology research has shown that using certain filler questions to ‘cue’ or ‘prime’ people towards positive or negative behavior can impact their follow-up answers on unrelated topics.

Reporting 76

Reporting Marketing Marketing Copying 76

TorrentFreak

MARCH 2, 2023

The “repeat infringer” issue remains a hot topic in U.S. A summary of these irrelevancy factors is shown in the table below, which accompanied Reddit’s objection. This person, who wants to remain anonymous for obvious reasons, expects Reddit’s opposition to be succesful.

Privacy 124

Privacy Copyright Infringement Copying Copyright 124

43(B)log

MARCH 25, 2024

The district court reasoned that Zauderer did not apply because the imagery was fundamentally so “prone to ambiguous interpretation” that “it is unclear how a court would go about determining whether it[ ]. Moreover, the government may not demand a private party “undertake contextual analyses, weighing and balancing many factors.

Advertising 64

Advertising Advertising Social Media Government 64

The IPKat

AUGUST 4, 2021

231 [2018], Final, Administrative Division, Beijing, of the Higher People’s Court of Beijing Municipality): For the understanding of signs or their constituent elements, it is necessary to avoid placing non-general meanings on them based on external factors such as occasion and context, or through deduction or association, etc.

Intellectual Property 62

Intellectual Property IP Law Registration 62

TorrentFreak

JANUARY 15, 2024

After the miniseries was seen by millions earlier this month, private prosecutions – which allow alleged victims of crime to prosecute their own criminal cases – are now a topic of national debate. According to Trust Pilot reviews , it’s reasonable to conclude that some expectations were not met.

Copyright 84

Copyright Branding Brands Branding 84

43(B)log

SEPTEMBER 6, 2021

The district court excluded the plaintiff’s damages expert, finding that he didn’t apply a reliable methodology in assessing causation of damages because he discounted competing causal factors without an adequate basis and lacked the necessary expertise to make those judgments. The other partial dissent was on disgorgement.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 48

Art Business Patent Settlement 48

43(B)log

FEBRUARY 15, 2022

BoostLash WooLash (or wool ash, as I would have read it) Similarity: No reasonable consumer would mistake the term “woo” for the term “boost” in terms of “sight, sound, and meaning.” I’d be interested to know if there was any good writing on the topic of what constitutes an admissible statement about third party confusion.]

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

LexBlog IP

SEPTEMBER 9, 2022

.’’ Accordingly, this notice is meant to address the duty of disclosure and the duty of reasonable inquiry as it relates to the material submitted or received from other governmental agencies. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

Velocity of Content

AUGUST 9, 2022

The case is important for several reasons. Second, the Supreme Court will focus on the definition of “transformative,” which is part of all courts’ consideration of the first fair use factor (the nature and character of the use). What is “transformative” has been a hotly debated topic for years.

Fair Use 98

Fair Use Derivative Work Licensing Art 98

The IPKat

NOVEMBER 27, 2023

The decisive factor in determining whether the sign has distinctive character is the fact that the sign is not distinguishable from the appearance of the product ( C-26/17 ). The decision of the Board of Appeal The BoA overturned this refusal and found the contested position trade mark to be distinctive.

Television 73

Television Branding Brands Branding 73

Intellectual Property Law Blog

MAY 2, 2023

This Guidance covers some important topics. From the Guidance, it is reasonable to conclude that merely influencing the output is not enough. This is one of the reasons that some companies judiciously decide which GAI tools the company will approve for employee use. Rather, the human must “dictate or control” the output.

Government 237

Government Business Licensing Copyright 237

SpicyIP

JANUARY 20, 2024

While there are various factors affecting the issue of knowledge governance, understanding when IP became an academic discipline in India can be a useful point of inquiry. The reason is simple: IP Professor or IP Specialist initially meant those who practiced it, who were, anyway, very limited. See also here ). Conclusion If Any?

Government 112

Government IP Intellectual Property Reporting 112

LexBlog IP

JANUARY 31, 2023

But how does this factor into the world of intellectual property? The resulting photo became an overnight sensation, and for good reason! A computer program can also be protected as a trade secret if it derives value from not being generally known to others, and if the owner uses reasonable efforts to protect its secrecy.

IP 52

IP Copyright Law Copyright Intellectual Property 52

IP and Legal Filings

JULY 5, 2023

You should consider the following factors while determining which class your services or goods belong to: The aim and function of the products or services Whether or not the items contain any raw ingredients What actions are performed as part of the service, and What is the topic or activity of the services offered?

Trademark 59

Trademark Registration Branding Brands 59

43(B)log

FEBRUARY 16, 2024

The court there was deciding the extent of the Lanham Act’s extraterritorial application, but in the course of their reasoning, several opinions said things about standard trademark use, some of which were embarrassing but at least one majority holding of which has potentially broad implications especially in interaction with Jack Daniel’s.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

JANUARY 15, 2024

The act, which was passed to protect the rights of female employees and to ensure their physical and financial security during maternity, has been amended to take modern societal standards and economic factors into account. It also covered topics including job security and workplace discrimination against expectant workers.

Law 83

Law Government Publishing Business 83

LexBlog IP

AUGUST 28, 2023

For this reason, the Federal Circuit invalidated the claim based on a lack of sufficient enablement. discussing this aspect as part of a Wands factor analysis, of which consideration of “well-known” components is a part. This topic was recently previewed in Realtime Data v. ” See id. 2023 WL 4924814 (Fed.

Invention 52

Invention Patent Application Art Patent 52

IP and Legal Filings

AUGUST 4, 2022

The reason being its adoption by European Union and gradual inclusion in legislations across states. Dating back to the 19th century French practice, initially used for distinguishing genuine wine from counterfeit product of the same nature, Geographical Indications (‘GI’) are garnering international attention.

Artwork 79

Artwork Intellectual Property Intellectual Property Law Business 79

Kluwer Copyright Blog

FEBRUARY 28, 2023

A model that has proved to provide mostly reasonable outcomes, but at the same time appears as complex, labyrinthine and technical. Following the hyperlinking saga, such an approach could be justified on the basis of GS Media’s line of reasoning which established a heavier duty of care for professionals. 52 of the Opinion).

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

However, certain cases of usage of copyright work for various reasons are allowed. has laid down certain factors under section 107 of the Copyright Act 1976 while analyzing the fair use doctrine. This factor of the market value is inextricably linked to that of the factor of “purpose” of the copywriter work. Definition.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

The TTAB has also published a Trademark Trial and Appeal Board Manual of Procedure (the “TBMP”), which contains the rules related to pursuing trademark oppositions, cancellations and ex parte appeals at the TTAB, including on topics such as trial procedure, motions, and discovery. This discovery can be time-intensive and increase costs.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Kluwer Copyright Blog

JANUARY 26, 2023

The Commission was open to contributions and held public hearings (see the Brazilian Copyright Institution presentation and Annex ), some of which were specifically on the topic of TDM. When it comes to TDM, the new text is more precise, reasonable and functional, and reads as follows: Art.

Copyright 56

Copyright Intellectual Property IP Copyright Law 56

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

IP Whiteboard

APRIL 15, 2021

Since that time, Meghan and Harry have been very open about their frustration with the British media’s negative coverage of Meghan, which The Duke and Duchess of Sussex consider to be laced with racially-charged undertones (while we’re on the topic, some unsolicited advice for readers: the Oprah interview is must-see viewing).

Privacy 40

Privacy Copyright Publishing Law 40

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., 1] (On the topic of AI outputs and derivative works, see here.). In our analysis, we applied this test to AI musical outputs.

Music 67

Music Copyright Derivative Work Ownership 67

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

Copyright Lately

SEPTEMBER 26, 2022

While these comments appear to reflect an overly-simplistic analysis of the first fair use factor, the court will get a chance to revisit the defense in more detail. At the same time, he’ll assert that no separate licensing market exists for the depiction of an athlete’s tattoos in video games.

Fair Use 85

Fair Use Licensing Ownership Copying 85

Art Law Journal

AUGUST 10, 2022

Other ways to add a more personal touch to optimize your social media profile : create a mini-series on Instagram Stories or Reels to showcase the lead-up to your next big showcase; discuss a relevant art world topic that you’re passionate about or simply highlight your latest piece of work and tell the story behind it.

Social Media 52

Social Media Art Marketing Marketing 52