The IPKat

DECEMBER 12, 2021

The new guidelines cover topics such as formality examination and procedures for trade mark applications, oppositions, declarations of invalidity, cancellations, classification of goods and services, examination of applications for change of trade mark ownership, trade mark renewal and other procedural issues. PATENTS Prof.

Blogging 115

Blogging IP Reporting Intellectual Property 115

Velocity of Content

MAY 31, 2022

Smart Citations allow users to see how a research paper has been cited by providing the context of the citation, the location where the citation appears, and a classification describing whether it provides supporting or contrasting evidence for the cited claim. Why does the Impact Factor of journals not consider the types of citations?

Journalism 105

Journalism Publishing Law Technology 105

Technology & Marketing Law Blog

DECEMBER 1, 2022

The only question here is whether federal courts are authorized to legally forbid one from doing so in these circumstances…I conclude they are not… Plaintiff’s claims are barred by sovereign immunity and for lack of a judicially cognizable cause of action. This cannot be the right outcome.

Social Media 107

Social Media Government Designs Design 107

43(B)log

NOVEMBER 9, 2023

The court first found that the Lanham Act claim was grounded in fraud and had to satisfy Rule 9(b). Challenged statement: “Jon Daily’s legacy will continue as [Sierra Health and Wellness] will keep all of their intensive outpatient program with the name Recovery Happens and his model of care.” So is the court!

False Advertising 64

False Advertising Advertising Advertising Copying 64

LexBlog IP

JANUARY 23, 2024

Post-Amgen Claiming Techniques in Focus Last year’s landmark decision in Amgen V. Sanofi emphasized that “the more a party claims, the broader the monopoly it demands, the more it must enable.” The USPTO is now committed to providing clarity on these topics in In re Xencor.

Invention 52

Invention Art Law Technology 52

IP and Legal Filings

APRIL 10, 2024

Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. Defamation aims to shield one’s good name from groundless claims hurting one’s dignity, reputation or social esteem.

Social Media 77

Social Media Journalism Television Law 77

Patently-O

AUGUST 5, 2022

In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. In the case, Thaler claims to own a computer named DABUS, and that DABUS conceived-of two patentable inventions. But, Thaler refused to claim credit as the inventor. By Dennis Crouch.

Invention 99

Invention Inventor Patent Law Patent 99

Technology & Marketing Law Blog

MARCH 29, 2022

” The plaintiff, Penny Quinteros (a/k/a TwoCents), claims she became addicted to the game. She also claims that she was harassed by in-game moderators who are “volunteers” but compensated with extra in-game privileges and currency. She sued pro se for a variety of claims. The court dismisses them all.

Contracts 112

Contracts Advertising Advertising Confidentiality 112

Intellectual Property Law Blog

MAY 2, 2023

Equal Employment Opportunity Commission (EEOC) released a joint statement on “Enforcement Efforts Against Discrimination and Bias in Automated Systems.” Equal Employment Opportunity Commission (EEOC) released a joint statement on “Enforcement Efforts Against Discrimination and Bias in Automated Systems.”

Government 237

Government Business Licensing Copyright 237

43(B)log

JUNE 21, 2023

She alleged that its statements about “regenerative farming”; its ESG commitments; and “preserving natural resources” were “false, deceptive, and misleading.” She brought the usual California statutory claims. Defendant brought a motion to strike under the anti-SLAPP law.

Law 72

Law Social Media Reporting Business 72

TorrentFreak

APRIL 30, 2023

But more fundamental than that, almost all campaigns and press releases relied on bare statements about malicious ads, malware, phishing, fraud, identity theft and banking trojans, accompanied by zero supporting evidence. .” At least in the early days, we tried to encourage those making the claims to back them up.

Privacy 130

Privacy Copyright Law Copyright Law 130

The IPKat

JANUARY 5, 2022

However, this comfortable assumption was recently put to the test in T 471/20 , in which the Board of Appeal considered whether an amendment summarising the prior art could be considered to change the scope of the claim, add matter and thereby invalidate the patent. a burger patty production line). a burger patty production line).

Art 113

Art Patent Application Patent Invention 113

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. It will be interesting to see whether the rates go up even further following this new guidance. John Deere. John Deere Co.,

Art 120

Art Invention Patent Application Patent 120

LexBlog IP

JUNE 5, 2023

We would very much like to focus heavily on celebrating, but things just feel a bit too complicated this year – particularly when it comes to the hot topics of Pride Month, LGBTQ issues and corporate support of the LGBTQ community. And, of course, then those companies are called out by others as fair-weather friends.

Marketing 52

Marketing Marketing Blogging Reporting 52

TorrentFreak

JANUARY 2, 2024

First published by national broadcaster KBS, the report claimed that after five years of tracking, major webtoon publisher Kakao Entertainment had “identified the operator of ‘M’, the world’s largest illegal comics and webtoon distribution site.” ” Big (Conflicting) Claims This claim piqued our interest.

Advertising 85

Advertising Advertising Reporting Publishing 85

43(B)log

DECEMBER 20, 2021

16, 2021) Some cases are a reminder that puffery is a doctrine that allows sellers to trick buyers, as long as the way they trick buyers is with statements that sound like they mean something, but aren’t really tangible if you stop and think about them. Young Living sells “essential oils and blends” through an MLM model. Therapeutic-Grade.”

Advertising 90

Advertising Advertising Blogging False Advertising 90

IPilogue

DECEMBER 8, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Ericsson Inc. Ericsson requests for a declaration that the license rate ($5 per handset or $2.5

Licensing 106

Licensing Patent Intellectual Property Law Litigation 106

TorrentFreak

OCTOBER 25, 2022

These piracy claims, sent to the ISP by anti-piracy outfit Rightscorp, sit at the center of this case. Copying isn’t the issue here; it’s the topic of the article that’s important. The problem lies with the labels’ claim that presenting them to the jury today would be problematic.

Music 124

Music Copying Business Blogging 124

Technology & Marketing Law Blog

NOVEMBER 6, 2023

Fortnite offers for purchase an emote called “ It’s Complicated ” that consists of 16 counts of choreography, of which Hanagami claims 4 counts are copied from his video. This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. The video got 36M views.

Copyright 76

Copyright Blogging Music Copying 76

LexBlog IP

JUNE 29, 2023

First, it only applies to claims made on labels. ” The second thing to keep in mind is that the MUSA Rule only applies to unqualified MUSA claims – such as claims that a product is made, built or created in the United States. .” origin claims.

Litigation 52

Litigation Intellectual Property 52

LexBlog IP

MAY 22, 2023

Clearly, the monthly nature of the meetings is questionable, but then again, there are only so many policy statements that an agency can issue. And for today’s meeting two items were on the agenda: a new policy statement on biometric information and some follow-up on the Health Breach Notification Rule.

Privacy 52

Privacy Technology Business Law 52

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

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. Another expert surveyed prescribers to opine on the extent to which a company’s advertising claim that it operates in full compliance with Section 503A is important to them.

False Advertising 71

False Advertising Advertising Advertising Government 71

LexBlog IP

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location. ”) was correct.

Invention 52

Invention Patent Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 15, 2024

“The District, perceiving a mismatch between these public statements and the widespread dissemination of vaccine misinformation on Facebook, is investigating Meta’s potential violations of the CPPA.” Facebook * Meta Platforms, Inc. District of Columbia , 2023 WL 5964764 (D.C. No, and it’s not even close. Six4Three v.

Social Media 64

Social Media Advertising Advertising Publishing 64

LexBlog IP

APRIL 12, 2023

The National Telecommunications and Information Administration (NTIA) has issued a Request for Comments (RFC) on Artificial Intelligence (“AI”) system accountability measures and policies to advance its efforts to ensure AI systems work as claimed and without causing harm. Check back for more updates.

Music 52

Music Technology Art Publishing 52

Technology & Marketing Law Blog

JUNE 14, 2022

For more on the topic of newspapers correcting their Section 230 coverage, see this post. Reporters are used to repeating government sources verbatim and then contextualizing those statements with other sources, but using that approach for their Section 230 coverage ensures the spread of politicians’ misinformation.

Reporting 117

Reporting Journalism Law Blogging 117

The TTABlog

NOVEMBER 29, 2022

Opposer OMS claimed likelihood of confusion with, and likely dilution of, its registered marks MIRACLE GRO and GRO-formatives for fertilized, soil, pots, and containers. When Habit filed it reply brief, OMS claimed the reply should be stricken as untimely. As a general proposition, okay, but that should not be an ironclad rule - ed. ]

Designs 82

Designs Design Registration Government 82

43(B)log

MARCH 25, 2024

The Family Smoking Prevention and Tobacco Control Act requires cigarette packages to include “color graphics depicting the negative health consequences of smoking to accompany the [updated] label statements.” R J Reynolds Tobacco Co. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

Technology & Marketing Law Blog

AUGUST 14, 2022

Still, given the possible dog whistles, I’m sure CNN’s lawyers will explore these social media statements in their depositions. endorsements: Jack did not make the statement, “We are every day people seeking truth.” Some members of Gen. Michael Flynn’s family sued CNN for implying that they are QAnon followers.

Law 112

Law Social Media Reporting Government 112

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

TorrentFreak

JULY 13, 2022

The rightsholders note that there is little evidence for this claim. Internet terminations are not the only topic of concern. Three years ago, several of the world’s largest music companies including Warner Bros and Sony Music sued Internet Provider Bright House Networks. The human rights angle is not completely novel.

Music 141

Music Contracts Copyright Infringement Copying 141

The IP Law Blog

JUNE 17, 2021

I wrote about a similar topic prior to Allegiant Air becoming the official sponsor of the Las Vegas stadium that the Raiders now call home. As a result, Starbucks will be required to file a statement of use once it has used the mark in connection with the relevant services. I’m experiencing déjà vu. They might.

Trademark 98

Trademark Branding Brands Branding 98

LexBlog IP

SEPTEMBER 16, 2022

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. A few points of the presentation jumped out at us.

Designs 52

Designs Design Reporting Business 52

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. The examiner rejected the application on 23 rd March 2020. The decision was appealed. The slogan applied for did not have such characteristics.

Trademark 132

Trademark Advertising Advertising Marketing 132

Technology & Marketing Law Blog

MAY 8, 2022

“Facebook and Twitter made contemporaneous statements that they took action because they concluded that Hart had violated company policy,” not because of any government directives. With respect to Facebook, it took action on Hart’s accounts months before any of the government statements that supposedly motivated them.

Social Media 95

Social Media Government Publishing Blogging 95

Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. Section 230 immunizes the negligence and strict liability claims against Craigslist. This is one of many FOSTA cases in process.

Blogging 103

Blogging Law Publishing Editing 103