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Intellectual Property News

  • Muhammad Ali Brand Targets G.O.A.T. Trademark Applicant
    <p>IPNews® – Muhammad Ali Enterprises has recently filed a trademark opposition against a company that filed a trademark application for G.O.A.T. Greatest of All Time. Muhammad Ali Enterprises is claiming that consumers will be confused between its use of similar trademarks. Complicating matters is that another company, GOAT USA Inc., also filed an opposition and is... <a href="https://www.intellectualpropertynews.com/trademark-news/muhammad-ali-brand-targets-g-o-a-t-trademark-applicant/">Continue Reading</a></p>
  • Dolphins Trademark Slogan in Danger From Margaritaville
    <p>IPNews® –  Jimmy Buffett’s company, Margaritaville Enterprises, LLC, has filed a request for an extension of time to Oppose a PHINS UP trademark application filed by the Miami Dolphins. This likely means that the companies are negotiating an agreement behind the scenes. Margaritaville owns multiple registrations for FINS UP, and likely wants the Dolphins to... <a href="https://www.intellectualpropertynews.com/trademark-news/dolphins-trademark-slogan-in-danger-from-margaritaville/">Continue Reading</a></p>
  • Copyright Office Joins War on AI Intellectual Property
    <p>IPNews® – With the use of AI proliferating daily, an increasing question is who owns works created by AI. The copyright office is on record as saying that works exclusively produced by AI are not copyrightable. However, a work partly created by AI and partly created by a person can be protected provide that there is... <a href="https://www.intellectualpropertynews.com/copyright-news/copyright-office-joins-war-on-ai-intellectual-property/">Continue Reading</a></p>

AG IP News
  • The 8th Medical Tourism World Summit, Conference and Expo will Be Launched in April 2023
    Special to AG-IP-News Agency  Under the Royal Patronage AMMAN – Under the patronage of His Majesty King Abdullah II ibn Al Hussein, the Eighth Medical Tourism World Summit and Expo will be launched in Jordan, in April 2024; organized by Talal Abu-Ghazaleh Global (TAG.Global) and Pioneers Road Company. The Summit will include several discussion and dialogue sessions, with the participation of elite Jordanian and international speakers to discuss the investment in the Jordanian healthcare sector, in addition to in-person meetings and visits to medical service providers from various Jordanian hospitals. It is worth mentioning that the Summit aims to provide the relevant stakeholders in the Jordanian healthcare sector with the latest developments related to their sector, as well as to review advanced and distinguished services offered on a regional and a global scale. HE Dr. Talal Abu-Ghazaleh, TAG.Global founder and chairman, stated that the medical care industry in Jordan has a promising future, pointing out that the Summit will shed light on the opportunities and challenges in this significant sector. He went on to reiterate the importance of the sector and its vital role in bolstering the Jordanian economy, in addition to its contribution to Jordan’s Gross National Product (GNP). Dr. Abu-Ghazaleh further pointed out that Jordan is well-known for its first-class healthcare services, in terms of the hospitals’ infrastructure, and highly qualified medical cadres, as well as the various medical specialties. That is in addition to the constant availability of medicines and medical supplies that match those in the developed countries. He pointed out that the Summit will highlight the enormous potential of the Jordanian healthcare industry, which is distinguished regionally and internationally. For his part, Pioneers Road CEO, Mr. Ayman Arikat, said that the Summit would pave the way for signing agreements and memorandums of understanding among all concerned parties. He further added that the Summit will be held in the presence of a host of decision-makers, those in charge of dispatching patients for treatment abroad, and several Arab and international medical-related insurance companies, in addition to ambassadors and health attachés in Jordan. On the sideline of the Summit, a specialized exhibition will be organized with the participation of various private and government hospitals, companies, and institutions related to the pharmaceutical industries, medical equipment, insurance companies, medical laboratories, banking, and media institutions from inside and outside Jordan. It should be noted that the organization of the Summit comes in this critical period in line with the directives of His Majesty the King, especially in light of the recent aggression on the Gaza Strip. This affirms Jordan's unwavering position in supporting the Palestinians in Gaza, by calling for an immediate ceasefire and ending the aggression, the protection of innocent civilians, and the provision of humanitarian relief and medical aid to alleviate their suffering.  
  • Public Consultation on Proposed Subsidiary Legislation under Copyright Ordinance Launched - GovHK
    BEIJING - The Government of the Hong Kong Special Administrative Region (GovHK) launched a two-month public consultation on the proposed subsidiary legislation under the Copyright Ordinance (Cap. 528) (Ordinance). The subsidiary legislation aims to specify libraries, museums and archives, and prescribe conditions for certain permitted acts for use of copyright works under the Ordinance, according to GovHK. With the Copyright (Amendment) Ordinance 2022 (Amendment Ordinance) coming into effect on May 1, 2023, the Ordinance in force provides strengthened copyright protection in the digital environment while maintaining a balance between copyright protection and reasonable use of copyright works. Among others, the Amendment Ordinance has introduced new and expanded permitted acts to facilitate reasonable daily operations of specified libraries, museums and archives conducive to research, private study as well as knowledge preservation and dissemination. The existing Copyright (Libraries) Regulations (Cap. 528B), which govern the relevant permitted acts under the Ordinance, are therefore in need of an update. A spokesman for the Commerce and Economic Development Bureau (CEDB) said, "The Government is committed to upholding a robust copyright regime which includes various permitted acts of reasonable use of copyright works by different sectors covering libraries, museums, archives, etc. To enable specified libraries, museums and archives to effectively utilise these permitted acts under the Ordinance while fulfilling their roles in cultural heritage preservation and conservation, it is essential to provide them with a set of clear and up-to-date statutory framework for compliance in appropriate circumstances." The spokesman added that the Government proposes enacting two pieces of new subsidiary legislation under section 46(1) of the Ordinance to replace the existing one. The proposed legislation seeks to specify the types and classes of libraries, museums and archives which are eligible to do the relevant permitted acts under the Ordinance, and prescribe the applicable conditions for each of these permitted acts.   The consultation document has been uploaded to the respective websites of the CEDB (www.cedb.gov.hk) and the Intellectual Property Department (www.ipd.gov.hk). Members of the public may submit their views by email (libreg_consultation@cedb.gov.hk), fax (2147 3065) or post (Division 3, Commerce and Economic Development Bureau at 23/F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong) on or before April 15, 2024.
  • ICANN for Beginners: Join the Policy and Advice Development Webinar
    LOS ANGELES - The Internet Corporation for Assigned Names and Numbers (ICANN) will be holding its third webinar in the ICANN for Beginners Virtual Program series in April 2024, a press release stated by ICANN. The webinar, "ICANN for Beginners: Policy and Advice Development," will introduce newcomers to policy and advice development at ICANN. Participants will learn how policy is created at ICANN, why this is important for a functioning Internet, and how they can contribute. The ICANN for Beginners Virtual Program comprises a series of interactive webinars held via Zoom and provides participants with an overview of the global Internet ecosystem. The program also shows newcomers how to join the global community and help shape Internet governance. Moderated by experienced ICANN staff members, the program aims to broaden participants' knowledge about and foster participation at ICANN. How to Participate Participating is easy, free, and open to all. No prior technical knowledge or experience is necessary. The "ICANN for Beginners: Policy and Advice Development" webinar will be offered on two dates. Simply register for the one that suits you best: • April 3, 2024 at 14:00 UTC. Register to attend • April 4, 2024 at 6:00 UTC. Register to attend Closing date to register: April 2, 2024. The webinars are in English only. Recordings will be posted on the Beginners Virtual Program website after the webinars.

IPWatchdog
  • Digging Into the USPTO’s AI Guidance: Adjusting Practices to Capture Human Contribution
    As artificial intelligence (AI) systems become increasingly sophisticated and play a greater role in our society, questions surrounding patentability and inventorship have come to the forefront of intellectual property discourse. This is particularly so in the wake of Thaler v. Vidal, 43 F. 4th 1207, 1213 (Fed. Cir. 2022), cert denied, 143 S. Ct. 1783 (2023), in which the Federal Circuit held that “only a natural person can be an inventor, so AI cannot be.” The U.S. Patent and Trademark Office (USPTO) recently issued guidance aimed at addressing these concerns.
  • Patent Filings Roundup: Entropic Patents Challenged at PTAB; Push Data Campaign Grows; MyPort Case Closes
    It was an average week all around with 31 new patent filings at the Patent Trial and Appeal Board (PTAB) – all inter partes reviews (IPRs) – and 67 new filings in district court. The bulk of this week’s new PTAB filings (a total of 19) were petitions challenging patents owned and asserted by Entropic Communications LLC [associated with SoftBank Group Corp.] (discussed further below). Other notable filings include petitions challenging patents held by Softex [associated with SoftBank Group Corp.], Dental Imaging Technologies [associated with Envista Holdings Corporation], Resonant Systems [d/b/a RevelHMI], Immersion Corp, and Dsm IP Assets BV [associated with DSM-Firmenich AG].
  • Rader’s Ruminations: The Most Striking (and Embarrassing) Legal Mistake in Modern Patent Law
    The most striking (and embarrassing) mistake of law in modern patent law history occurred in the case of eBay Inc. v. MercExchange, 347 U.S. 388 (2006). This mistake led to an alarmingly incorrect outcome and a monumental disruption of U.S. innovation policy.... The traditional and longstanding remedy for trespass on a patent property right is a permanent injunction. By making removal of an established infringer/trespasser optional in eBay, the Supreme Court vastly undercut and devalued every patent’s exclusive right. This erroneous outcome is a cataclysmic policy error, but that policy miscarriage is not itself the embarrassing error of law.

Law360
  • Ex-BigLaw Atty Refiles Defamation Case Against Influencer
    The $150 million defamation battle between former Greenberg Traurig LLP attorney Allan Kassenoff and the social media influencer he accuses of lying about his nightmarish divorce has entered a new phase as Kassenoff has filed a slimmed-down complaint after the previous one was dismissed for being "far longer than it needs to be."
  • Fed. Circ. Told Sonos Ruling Treads On Patent Owners' Rights
    A consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year from U.S. District Judge William Alsup that threw out a patent lawsuit from speaker maker Sonos for being too "sad," "ancient" and "wrong" to hold up in his court.
  • Mother Defeats Daughter's 'Que Sera, Sera' Royalties Suit
    A federal judge in Tennessee told the granddaughter of one of the Oscar-winning songwriters behind "Que Sera, Sera" on Wednesday that she should have simply said whatever will be, will be in a feud with her mother over splitting royalties that were already decided by a probate court over two decades ago.

Spicy IP News
  • Product-by-Process claim: DHC to the rescue
    The Delhi High Court (DHC) judgement in Vifor (International) Ltd. v. MSN Laboratories Pvt. Ltd.,explaining and allowing product-by-process claims as fundamentally concerned with the product in question, is of seminal importance for Indian Patent jurisprudence. In my opinion, the judgement, although verbose, brings much needed clarity on Patent-by-Process in India by locating it within the Act, laying out its scope and applicability and interaction with Process Patent u/s 48(b).  This judgement, decided by a Division Bench (DB) in an appeal against a […]
  • Legislative Oversight? Addressing the High Court Jurisdiction Vacuum Post-IPAB vis-a-vis Cancellation Petitions under the Trademark Act
    Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. Discussing this controversy along with his thoughts on the probable solution, we are pleased to bring to you this post by SpicyIP intern Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed […]
  • SpicyIP Weekly Review (February 12- February 18)
    Here is our recap of last week’s top IP developments. Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. Anything we are missing out on? Drop a comment below and let us know. This Weekly Review is authored by SpicyIP intern Kevin Preji. Kevin is a second-year […]

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