Intellectual Property News

• DC Comics Seems to Think It Owns the Word “Super” for Superheroes
  <p>IPNews® – DC Comics has recently filed a trademark opposition to prevent registration of the SUPER BABIES trademark. Here is the one twist: DC Comics does not use that trademark. Instead, DC Comics is claiming that due to its use of many trademarks that use the word SUPER in relation to super heroes, consumers are still... <a href="https://www.intellectualpropertynews.com/trademark-news/dc-comics-seems-to-think-it-owns-the-word-super-for-superheroes/">Continue Reading</a></p>
• Musk Still Defends Twitter Trademark After Aggressive Rebrand
  <p>IPNews® – As we all know, the popular social networking site formerly called Twitter is now called X. Regardless, X apparently doesn’t want to completely give up all of its Twitter related trademarks. In fact, it appears that X is willing to litigate over any unauthorized use of its old trademarks. To continue reading, click: Musk Still... <a href="https://www.intellectualpropertynews.com/trademark-news/musk-still-defends-twitter-trademark-after-aggressive-rebrand/">Continue Reading</a></p>
• Facebook’s Meta Trademark Might Be in Danger
  <p>IPNews® – Meta is slowly but surely clearing obstacles in its effort to register its META trademark. The latest hurdle is Metaformers, Inc., a Virginia corporation that filed a trademark opposition against the META trademark application. Metaformers claims it’s been using the “Meta” trademark since at least 2001, and as such the META trademark application... <a href="https://www.intellectualpropertynews.com/trademark-news/facebooks-meta-trademark-might-be-in-danger/">Continue Reading</a></p>

• PHAP Joins IPOPHL in Anti-counterfeiting E-Commerce MoU and Promoting Healthcare Innovations
  TAGUIG - The Intellectual Property Office of the Philippines (IPOPHL) has partnered with the Pharmaceutical and Healthcare Association of the Philippines (PHAP) to better protect the public against counterfeit drugs and build a local environment that encourages more affordable, quality healthcare innovations, a press release stated by IPOPHL.  “By creating an environment that stimulates innovation through IP, we can ensure widespread access to quality and affordable medicines for our people even as we protect IP rights from possible infringement and the public against counterfeit drugs,” IPOPHL Director General Rowel S. Barba said last April 8 at the signing of the two memoranda of understanding with PHAP.  In one Memorandum of Understanding (MoU), PHAP expresses its commitment to be part of the E-Commerce Memorandum of Understanding to respond to the challenges posed by illicit activities online. “By establishing a code of practice and enhancing collaboration between signatories, we aim to create a safer online trading environment for all stakeholders, from notice and takedown procedures to proactive and preventive measures we are committed to upholding the principles of fairness and transparency in the digital domain,” PHAP Executive Director Teodoro Padilla said.  Barba noted that PHAP’s inclusion to the E-Commerce MOU expands the membership of the anti-counterfeiting campaign to 37. Since its creation in 2021, the Philippine E-Commerce MOU has been enabling collaboration between online platforms Lazada, Shopee, TikTok Shop and Zalora and brand owners to streamline ways in preventing and taking down online activities that infringe on the latter’s IP rights.  In a separate MOU, PHAP also vowed to collaborate closely with IPOPHL to navigate the IP system and the opportunities it provides in enabling greater collaboration among innovators and creating more access to medicines that respond to locally existing and emerging healthcare challenges.  Both parties will be working closely to draft the work plan to execute deliverables on schedule. The agreements lay down a framework for knowledge-sharing on areas and topics of mutual interest such as emerging schemes used to distribute counterfeit drugs in the market and rules on ethical collaboration among healthcare service and technology providers, as well as consultations on legislative measures such as the amendments to the IP Code of 1997 and the Pharmaceutical Innovation Bill, which are legislative measures that are vital to the goals of both IPOPHL and PHAP. The signatories will also be undertaking policy dialogue on areas that may strengthen the country’s IP regime for healthcare innovation and create joint anti-counterfeiting campaigns or other IP awareness activities. Department of Trade and Industry (DTI) Secretary Fred Pascual lauded the new partnership, emphasizing its support for a thriving pharmaceutical landscape in the Philippines. “The new commitments to balance IP protection and innovation will help uphold the highest standards of integrity and innovation in the country’s pharmaceutical healthcare industry,” said the DTI chief.
• USPTO Seeks to Formalize Enhanced and Streamlined Director Review Process through Rulemaking
  ALEXANDRIA - To advance the United States Patent and Trademark Office (USPTO) goal of ensuring fair, transparent, and efficient procedures throughout the Patent Trial and Appeal Board (PTAB), the Office announced a Notice of Proposed Rulemaking (NPRM) on the Director Review process for decisions in proceedings under the Leahy-Smith America Invents Act (AIA proceedings) at the PTAB, a press release stated by USPTO. Director Review has been an important way for parties to request the rehearing of certain PTAB decisions. Since its inception in 2021, the USPTO has worked with our stakeholders to refine the Director Review process, resulting in enhanced procedures that we are now seeking to formalize.  “The Director Review process has been an important mechanism for resolving splits in PTAB decisions, shedding additional light on guidance and rules, and upholding the integrity of the AIA procedures,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal. “Formalizing the Director Review process is part of our comprehensive efforts to work with stakeholders to reshape PTAB procedures and strengthen our processes with integrity, transparency and efficiency for the benefit our entire innovation ecosystem.”  The NPRM proposes guidance on the types of issues the Director will consider in Director Review, the timing and format of Director Review requests, as well as Director Review of decisions on the Director’s own initiative (“sua sponte”). The proposed rule further addresses the impact of Director Review on the underlying AIA proceeding, the timing for appeal to the U.S. Court of Appeals for the Federal Circuit, and the delegation of Director Review.  
• Over 70 National IP Protection Centers under Construction or in Operation in China - the State ...
  BEIJING - A total of 71 national intellectual property (IP) protection centers are under construction or in operation in China, according to the National Intellectual Property Administration (NIPA), the official website of the State Council of the People’s Republic of China stated.  They are distributed across 28 provinces, autonomous regions and municipalities, including the four municipalities. The NIPA recently approved the construction of a national IP protection center in southwest China's Chongqing Municipality. The new center will carry out rapid collaborative IP protection work for the new generation of information technology and biological industries. The approval for the new center in Chongqing has further improved the regional layout of the national IP protection centers, the NIPA said. After it is completed and put into operation, the center will help accelerate the concentration of innovation resources, promote industrial transformation and upgrading, optimize the business environment, and promote high-quality economic development.

• Other Barks & Bites for Friday, April 19: European Court Rejects Pablo Escobar Trademark; Federal Agencies Launch Anti-Competitive Healthcare Practices Portal; and Reddit Cracks Down on Copyright Infringement
  This week in Other Barks & Bites: HP sues a Chinese competitor for infringing on cloud computing patents; three federal agencies launch portal to report anti-competitive practices in the healthcare sector; and a European court rejects Pablo Escobar’s family to register the drug lord’s name as a trademark.
• Young Sheldon’s Inventorship Woes: Important Lessons for All Young Inventors
  As the hit sitcom Young Sheldon comes to an end next month, a look back at the series offers an opportunity for young inventors to learn about inventorship. The coming-of-age show centers around a boy genius, Sheldon, who has run the gamut of growing up in expedited fashion—experiencing high school, college dorm life, and even a first (failed) kiss (attempt), all before being eligible to drive. Another milestone in Sheldon’s life—his first inventorship dispute—shows that it doesn’t take a boy genius to become a young inventor.
• Thoughts on the USPTO’s NPRM: Not Bad But the Big Challenges Remain
  Times are changing at the Patent Trial and Appeal Board (PTAB)! Not only are there rumors that the Senate IP Subcommittee may be a matter of several weeks away from marking up the PREVAIL Act and voting it out of committee, but the United States Patent and Trademark Office (USPTO) has finally issued a Notice of Proposed Rulemaking (NPRM) relating to several changes to the Code of Federal Regulations as they pertain to patent challenges at the PTAB.

• Jane Street Denied TRO In Trade Theft Suit Against Millennium
  A New York federal judge on Friday refused Jane Street Group LLC's bid for an emergency order after the trading firm accused rival Millennium Management LLC and two former employees of stealing and misappropriating a confidential trading strategy.
• Nestle Strikes Deal Ending Gray-Market Drinks Trademark Row
  Nestle USA Inc. and two food distributors have asked a Texas federal judge to permanently dismiss their trademark infringement fight accusing the distributors of illegally selling so-called gray-market versions of Nescafe Clasico and Abuelita products, saying parties recently reached a settlement agreement.
• Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told
  As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.

• CGPDTM Invites Feedback on IP Administration in the Country
  In a welcome move, the office of Controller General of Patents, Designs and Trademarks (CGPDTM) has invited feedback on IP administration in the country by CGPDTM, and the Copyright and GI Registries. For this, the Office has released a 6 page questionnaire on April 15 and has kept April 22 11:59 PM as the deadline to share the responses to this questionnaire. The questionnaire specifies that the feedback will be kept confidential and only the aggregate data from the survey […]
• SpicyIP Weekly Review (8 April- 14 April)
  Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and […]
• Training GenAI: Infringement or Fair Use?
  Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. The authors are third year students at the Hidayatullah National Law University, Raipur. Training GenAI: Infringement or Fair Use? By Goutham Rajeev and Vedant Bharadwaj Singh A recent public response by OpenAI’s CTO (Chief Technical Officer) on the data sources used by them to train their new text-to-video AI engine […]

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