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.

Trademark 98

Trademark Branding Brands Branding 98

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. Courts are not required to defer to the Patent Office determinations as to eligibility, because review under ¶ 101 is de novo. Sanderling failed to do so.

Invention 52

Invention Patent Intellectual Property 52

LexBlog IP

MARCH 19, 2024

As a result, the court ordered statutory damages of RMB 10,000 and the blocking of keywords on the defendant’s platform to prevent further generation of images that are substantially similar to Ultraman.

Copyright 52

Copyright Copyright Infringement Intellectual Property Copying 52

Trading Secrets

MARCH 24, 2022

Louisiana statutory code says so; case law says so; and now the Fifth Circuit has chimed in to add a little more food for thought on the subject. In other words, based on the language in Rouses , it appears that the Fifth Circuit (or at least this particular panel) would require an actual employment relationship to exist.

Business 59

Business Law 59

Velocity of Content

AUGUST 19, 2021

Back in my first post in this series, I referenced the newly-clarified registration requirements brought about by the Supreme Court decision in Fourth Estate vs Wall-Street.com; in the context of CASE, these requirements are being addressed by the Copyright Office through a revised expedited registration mechanism.

Copyright 105

Copyright Social Media Blogging Registration 105

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. Caltech , No.

Patent Law 125

Patent Law Law Patent Invention 125

Patently-O

NOVEMBER 6, 2022

The problem is that there isn’t just one antibody that meets this requirement – rather, it encompasses potentially millions of currently unknown antibodies. Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, 35 U.S.C. §

Invention 63

Invention Art Patent Law Intellectual Property 63

LexBlog IP

OCTOBER 27, 2022

Providers will also be required to install a notification mechanism allowing for notification of the presence of disinformation, misinformation or manipulative and inauthentic behaviour on their platform. Part 5 ( Regulation of Electoral Process Information, Online Electoral Information and Manipulative or Inauthentic Behaviour ).

Advertising 40

Advertising Advertising Confidentiality Technology 40

IPilogue

DECEMBER 3, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. The statutory provision has since been repealed but the subject matter prohibition survives as a common law doctrine. In Canada, methods of medical treatment are unpatentable subject matter.

Intellectual Property Law 106

Intellectual Property Law Patent Infringement Intellectual Property Law 106

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 73

Contracts Artistic Work Copyright Copyright Law 73

The IPKat

NOVEMBER 7, 2021

The discussion will cover topics such as the formation, practical operation, and the risks of LNGs, as well as some less restrictive alternatives to get the implementers involved in the formation of SEP royalties. The panels will be a Statutory General Assembly and an Online conference on international issues related to GIs, respectively.

Intellectual Property 78

Intellectual Property IP Registration Intellectual Property Law 78

Patently-O

FEBRUARY 24, 2022

The request, known as a CVSG, typically requires four of the nine Justices — the same number needed to grant certiorari. However, a statutory right is insufficient for Constitutional standing. Does the statutory “make and use” requirement require enablement to the “full scope of the claimed embodiments”?

Patent Law 95

Patent Law Law Patent Litigation 95

LexBlog IP

APRIL 29, 2022

Because of a partisan divide on his nomination, his vote was likely going to require a tie-breaking vote from Vice President Harris. The proposed rule would also have additional recordkeeping requirements. Being able to cancel such subscriptions easily has been a frequent FTC topic of late.

Business 52

Business Law Litigation Marketing 52

IPilogue

DECEMBER 10, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Drawing on Twin Books , they argued, “a publication of a work in the United States without the statutory notice of copyright fell into the public domain,” as per the U.S. Background. In 1949, C.W. It was published in the U.K.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

TorrentFreak

DECEMBER 13, 2022

Since Anton Piller orders and controversy are rarely far apart, the plaintiffs were required to pay a deposit of CAD$100,000 (US$73,100), recoverable once lawful execution of the Interim Order had been confirmed. Requesting information from Marshall on topics listed in the Interim Order. Plaintiffs Demand More.

Television 121

Television Reporting Copyright Infringement Law 121

LexBlog IP

FEBRUARY 28, 2023

The EPC does not provide a positive definition of “invention,” nor does it prescribe statutory categories (compared to e.g., 35 U.S.C. Software medical device inventions must meet both the statutory requirements of 35 U.S.C. § ” See id. CLS Bank International, 573 U.S.

Invention 52

Invention Intellectual Property Art Patent 52

Technology & Marketing Law Blog

NOVEMBER 29, 2021

Not only are covered platforms required to disseminate content they find objectionable, but they are also required to disseminate that objectionable content no differently than other, non-objectionable content on their websites and applications. The plaintiffs’ reply brief hammers down many of the worst. Candeub Report.

Social Media 112

Social Media Law Television Reporting 112

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Along with these rules, there are some other qualifying requirements.

Copyright 57

Copyright Blogging Intellectual Property Registration 57

Intepat

JUNE 19, 2023

Thus, it makes no sense to register your IP in order to avail statutory protection but then keep them locked away out of the public eye. Hence, below entails a discussion of the different methods of commercializing intellectual property along with a brief outline of some key decisions required to be taken when building strategy.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Tam and Brunetti, striking down various bars on registration. As in MGA v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. This method meets the requirements of copyright law but generates no money for rightsholders.

Copyright 129

Copyright Intellectual Property Business Licensing 129

Technology & Marketing Law Blog

AUGUST 2, 2022

It hurts the kids by depriving them of valuable social outlets and educational resources; it hurts adults by requiring age (and likely identity) verification to sort the kids from adults; and the age/identity verification hurts both kids and adults by exposing them to greater privacy and security risks. This bill does the same.

Social Media 85

Social Media Privacy Designs Design 85

IPilogue

JANUARY 14, 2022

Though still in its infancy, the College has been criticized for requiring agents to reside in Canada and its proposed mandatory liability insurance coverage , which may impose an additional fee on lawyer agents. In this case, the appellants argued that there is no statutory basis for overbreadth as a ground for invalidity.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

JULY 5, 2021

Topical Highlight. Equitable access to learning materials and textbooks for education, both online and offline, constitutes a basic requirement for the realisation of this goal. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. Golden Tobacco Ltd. June 29, 2021]. Other News.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Trading Secrets

DECEMBER 21, 2021

Employers should review their restrictive covenant agreements and consider whether they need to be amended for employees in jurisdictions with new restrictive covenant laws, especially new laws that now require income thresholds for the use of such agreements. Employee Termination & Data Repatriation in the Remote Work Environment.

Confidentiality 69

Confidentiality Law Contracts Business 69

IP Tech Blog

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. OpenAI’s ChatGPT and Google Bard are the most recent prominent Generative AI entries. 35 U.S.C. §

Inventor 57

Inventor Copying Blogging Patent Application 57

LexBlog IP

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. OpenAI’s ChatGPT and Google Bard are the most recent prominent Generative AI entries. § 120.

Inventor 52

Inventor Copying Blogging Patent Application 52

LexBlog IP

DECEMBER 21, 2021

Employers should review their restrictive covenant agreements and consider whether they need to be amended for employees in jurisdictions with new restrictive covenant laws, especially new laws that now require income thresholds for the use of such agreements. Employee Termination & Data Repatriation in the Remote Work Environment.

Confidentiality 52

Confidentiality Law Contracts Business 52

IP Tech Blog

JANUARY 4, 2023

Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. For more details on the topic of design and the metaverse in China see our previous blog post. For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] patent; and 3) that an industry with respect to articles protected by the patent exists or is in the process of being established. [3]

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

Kluwer Copyright Blog

MARCH 14, 2022

Lacking relevant solutions in international treaties and with the general topic still being debated in international fora , the UK is one of few national jurisdictions that have already provided for CGW protection. Coming to the more concrete legal points, the UKIPO sought opinions on resolving domestically the status of AI authorship.

IP 60

IP Public Domain Copyright Intellectual Property 60

IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. of Chapter III of Part I of the 2019 Patent Examination Guidelines requires the applicant of a design to submit at least one orthographic view of the display screen panel containing the GUI. Section 4.4.2 Reaction of Businesses to this Situation.

Design Patent 57

Design Patent Designs Design Patent 57

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., More is required to imply FDA approval.” Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. of Chapter III of Part I of the 2019 Patent Examination Guidelines requires the applicant of a design to submit at least one orthographic view of the display screen panel containing the GUI. Section 4.4.2 Reaction of Businesses to this Situation.

Design Patent 52

Design Patent Designs Design Patent 52

Technology & Marketing Law Blog

FEBRUARY 27, 2024

Now, with a little more time to complete its analysis, the court wrote a more thorough and refined opinion preliminarily enjoining Ohio’s law requiring parental consent for children’s usage of social media. This is a topic where anything could happen.] See also this piece on size-based statutory distinctions.]

Social Media 80

Social Media Law Contracts Publishing 80

IP and Legal Filings

FEBRUARY 12, 2023

It is a longstanding topic of debate in economic and legal circles: Hot to marry the innovative bride and the competition groom?” [i] The origin of this evident inherent problem [iv] is due to the allocation of statutory rights to IPR holders to primarily control access to the IP and to alter monopoly rents for the exclusive use of IPRs.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

Technology & Marketing Law Blog

OCTOBER 16, 2023

The AADC would require many businesses to sort their online visitors into adults and children–necessarily requiring age authentication–so that children can receive heightened statutory protections. It is and always has been about content censorship. their website). Age Authentication.

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Designs Design Privacy Business 78