The TTABlog

JANUARY 24, 2022

The evidence included third-party bags sold prior to 2013, commentary regarding handbag designs, articles about fashion, the applicant's own acknowledgement that its design is a copy of a common design, Internet postings, and third-party handbags sold after the applicant's Ark bag was introduced but before it became popular. "The

Designs 52

Designs Design Registration Music 52

LexBlog IP

APRIL 13, 2023

The letters themselves are called Notice of Penalty Offense (Notice) letters, and since it has been awhile since we discussed the topic, we will provide a brief recap of the legal authority that the agency is invoking. Misrepresenting the level of substantiation that exists for a product.

Advertising 52

Advertising Advertising Litigation Marketing 52

TorrentFreak

APRIL 10, 2024

“It’s long past time to bring out laws in line with the rest of the world,” Rivkin said, a reference to the MPA’s substantial body of overseas work it now hopes to replicate back home. It substantially increases visits to legal sites. Site-blocking does not impact legitimate businesses or ordinary internet users.

Television 108

Television Business Reporting Law 108

TorrentFreak

APRIL 24, 2023

In mid-January, the European Commission (EC) issued a call for evidence to support a proposed “toolbox” of measures to combat live sports piracy. More Evidence Needed Over a period of several years, rightsholders have reported in fine detail the numerous challenges they face when it comes to tackling piracy of live sports.

Reporting 115

Reporting Advertising Advertising Law 115

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 49

Art Business Patent Settlement 49

43(B)log

JULY 20, 2023

As a fact witness, the government agreed that he could supply what he claims is “the scientific basis upon which he made the alleged misstatements” for the purpose of assessing whether he had sufficient substantiation for his claims. The evidence didn’t support the claim that the websites were used as educational references.

Government 52

Government Advertising Advertising Social Media 52

The IPKat

OCTOBER 25, 2021

As expected, the Board of Appeal in T 116/18 has now referred to the Enlarged Board of Appeal (EBA) questions on the use of post-filed evidence to establish plausibility for an invention. G2/21 will be closely watched by many, given the potential ramifications of the EBA's answer on the required evidence threshold for patent validity.

Invention 86

Invention Publishing Patent Application Art 86

Patently-O

MAY 31, 2023

The evidence shows women are less frequently credited as authors on articles and patents, a pattern echoing historical instances like Rosalind Franklin’s unacknowledged work on the DNA structure and Jennifer Doudna’s worries about diminished recognition in the CRISPR development.

Inventor 105

Inventor Invention Intellectual Property Business 105

Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

Social Media 64

Social Media Advertising Advertising Publishing 64

SpicyIP

MAY 16, 2023

Throughout the discussion, relevant legal principles have been substantiated upon including claim construction, infringement analysis, defences available et al. The concept of compulsory licensing and its applicability is explained in Indian context, as a selected topic, before the chapter concludes.

Patent 105

Patent Reporting Intellectual Property Law 105

The IPKat

AUGUST 4, 2021

The second aspect was whether there was evidence to prove that, under the current cultural cognition, the general public was likely to associate that sign with adverse influencing factors. Evidence of using the sign Seng submitted massive evidence of using the disputed sign during 2018 and 2019. 8) of the TML.

Intellectual Property 62

Intellectual Property IP Law Registration 62

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Patent Law 52

IP Tech Blog

JANUARY 23, 2023

These new rules were accompanied by substantial guidance on their implementation (“ ASA Guidance ”), which provided examples of these types of persons, characters and activities. Even when there was no evidence that a child had viewed Ladbrooks’ ad, the regulator still held there to have been a breach of the rules.

Advertising 62

Advertising Advertising Social Media Marketing 62

The IPKat

FEBRUARY 4, 2022

On the other hand, the CJEU’s decision emphasizes that there can be circumstances in which content aggregators may extract or re-utilise all or substantial parts of a database, without adversely affecting the database maker’s investment, which is a development likely not welcomed by database makers (for a similar take, see Toby Bond here ).

Cease and Desist 92

Cease and Desist Database Right Litigation Marketing 92

IPilogue

JULY 19, 2021

The plaintiffs’ expert evidence states that The Black Donnellys is actually “ almost two-thirds fiction ” and mistaken. In this case, the defendant’s fiction novel substantially copied the plaintiff’s work of historical non-fiction. They believe then that the books are copyright-protected material.

Copyright 112

Copyright Copying Law Publishing 112

The IPKat

MAY 8, 2022

To the contrary, it stated that it is for the applicant of a declaration of invalidity to prove the circumstances that substantiate a finding of bad faith. • These decisions were not based on any evidence or specified sources that proved the existence of such rights. The conclusion reached is the correct outcome.

Licensing 92

Licensing Related Rights Registration Publishing 92

LexBlog IP

JANUARY 23, 2023

These new rules were accompanied by substantial guidance on their implementation (“ ASA Guidance ”), which provided examples of these types of persons, characters and activities. Even when there was no evidence that a child had viewed Ladbrooks’ ad, the regulator still held there to have been a breach of the rules.

Advertising 52

Advertising Advertising Social Media Marketing 52

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). It involved absorbing and taking account of a very significant amount of evidence in what was a very hard fought case. His evidence was misleading”.

Editing 70

Editing Registration Branding Brands 70

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Just because an injury is small does not mean it is not “substantial.” Background.

Litigation 52

Litigation Advertising Advertising Reporting 52

The IPKat

JULY 30, 2023

However, suppose the advertising method used by the reseller can be seen as a common one in the second-hand industry, and there is no substantial evidence of serious damage to the brand’s reputation. Counterfeit goods Last but not least, a hot topic for second-hand fashion is the resale of counterfeit goods. 49,50, 75).

Branding 97

Branding Brands Branding Advertising 97

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. Judicial Review.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) Spielberg held that a work is not an infringing derivative work unless it’s “substantially similar” to a preexisting work. Only then has the former “incorporated” the latter.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

IP and Legal Filings

NOVEMBER 30, 2022

Trade in goods and services, investments, intellectual property, dispute resolution, e-commerce, small and medium-sized businesses, and economic cooperation are the main topics of discussion during the negotiations. Growing non-tariff barriers are a hindrance to regional trade and investment, according to recent evidence.

Intellectual Property 71

Intellectual Property Marketing Marketing IP 71

The IPKat

FEBRUARY 24, 2023

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. The need for this additional evidence is the plausibility requirement.

Invention 131

Invention Law Patent Publishing 131

Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. Also, I’m looking for future article topics! The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

Copyright 89

Copyright Fair Use Settlement Designs 89

43(B)log

FEBRUARY 24, 2021

Substantiation of “regular” price claims is also a big issue. Williams-Sonoma: $1 million penalty and prohibition on unqualified US origin claims without being able to substantiate them. Also home fragrance claimed to have “natural” ingredients—some ingredients were natural, but no evidence that all scent components were.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

FEBRUARY 17, 2022

Starting with the survey experts: Excluding survey evidence requires meeting a “heavy burden,” as long as a survey is “fairly prepared and its results directed to relevant issues.” properly go only to the weight of the evidence” and not to its admissibility. Each motion was granted in part and denied in part.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

The IPKat

MARCH 24, 2023

The Enlarged Board of Appeal (EBA) has released its written decision in G 2/21 on the question of post-published evidence. The Opponent argued that the synergistic effect of the compounds against the third moth species was not plausible from the application as filed, and so the post-published evidence should not be taken into account.

Invention 131

Invention Publishing Patent Art 131

The IPKat

DECEMBER 22, 2023

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Will this be G1/24?

Invention 110

Invention Inventor Patent Law 110

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

Technology & Marketing Law Blog

MAY 2, 2022

Contact me if you are willing to teach this topic to my Internet Law students, because today I have no clue how to help them understand the CFAA. I think many Internet Law experts were hoping that hiQ would answer the myriad questions left open by the Van Buren decision. Comments from Kieran McCarthy. 2021 WL 1531172 at 10 (N.D.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. The key question, therefore, is whether defendants gave such knowing and substantial assistance to ISIS that they culpably participated in the Reina attack. Twitter, Inc.

Social Media 137

Social Media Law Fair Use Blogging 137

LexBlog IP

AUGUST 4, 2021

There is no substantial difference between the provisions of Law 4481/2017 and the pre-existing collective management framework of Law 2121/1993 regarding these points. Therefore, all CMOs have the right – self-evidently – to receive equitable remuneration for works and artists that they represent. Emphasis added.).

Copyright 52

Copyright Related Rights Television Law 52

Technology & Marketing Law Blog

OCTOBER 16, 2023

Substantial State Interest As usual, the court credits the state’s interest in protecting children’s privacy and physical/psychological well-being. The court credits evidence that some businesses would toss kids overboard rather than do this. The court credits evidence that content targeting can help children in vulnerable populations.

Designs 78

Designs Design Privacy Business 78

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Shortly after hiring the employee, plaintiff alleged that his new employer developed products that were substantially similar to and competitive with plaintiff’s product using its trade secrets. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. Apple relied on data from Innography and Optis, from PA Consulting ([111] – [112], after abandoning all the evidence of a witness, Ms Dwyer).

Patent 78

Patent Litigation Marketing Marketing 78

TorrentFreak

JULY 13, 2022

Specifically, the ISP and music companies want to limit what evidence and arguments the other side can present to the jury. The rightsholders note that there is little evidence for this claim. Internet terminations are not the only topic of concern. The legal battle is set to conclude in a few weeks.

Music 144

Music Contracts Copyright Infringement Copying 144