Intellectual Property News

• True Crime Trademarks: Can Lizzie Borden® Axe Competitors?
  <p>IPNews® – U.S. Ghost Adventures has filed a trademark lawsuit against Miss Lizzie’s Coffee over use of the term Lizzie. Lizzie Bordon was accused of a terrible crime in the 1800’s. The parties to the lawsuit are both attempting to profit from the tragedy. To continue reading, click: True Crime Trademarks: Can Lizzie Borden® Axe Competitors? <a href="https://www.intellectualpropertynews.com/trademark-news/true-crime-trademarks-can-lizzie-borden-axe-competitors/">Continue Reading</a></p>
• Metaverse Trademark Dispute Erupts Over Digital Beauty Pageant
  <p>IPNews® – Katie King (aka Miss Metaverse) recently filed a trademark opposition against the Miss Metaverse trademark application filed by Flo Inc. While Flo Inc. has only recently started using the trademark, Ms. King claims to have used it for years. Although she has only recently filed her own trademark application, she may have common law rights. To... <a href="https://www.intellectualpropertynews.com/trademark-news/metaverse-trademark-dispute-erupts-over-digital-beauty-pageant/">Continue Reading</a></p>
• COVID Trademark Fight Erupts Between Pharma Companies
  <p>IPNews® – Moderna has recently taken issue with a trademark application filed for COVID MVAX filed by a competitor. The COVID MVAX trademark application was filed by GlaxoSmithKline. Moderna is taking the position that the trademark will limit its ability to adequately describe its own Covid vaccine. To continue reading, click: COVID Trademark Fight Erupts Between Pharma... <a href="https://www.intellectualpropertynews.com/trademark-news/covid-trademark-fight-erupts-between-pharma-companies/">Continue Reading</a></p>

• Global Innovation Index 2023: Switzerland, Sweden and the US lead the Global Innovation Ranking
  GENEVA - Switzerland, Sweden, the United States, the United Kingdom and Singapore are the world’s most innovative economies in 2023, according to WIPO’s Global Innovation Index (GII), as a group of middle-income economies have emerged over the past decade as the fastest climbers of the ranking, a press release stated by the World Intellectual Property Organization (WIPO). The GII 2023 uses 80 indicators to track global innovation trends in 130-plus economies, guiding policy makers and business leaders in stimulating human ingenuity. This year, the report’s findings are unveiled against a background of slow economic recovery from the COVID-19 pandemic, high interest rates and geopolitical conflict. The 2023 edition identifies an increasingly uncertain outlook for the venture capital (VC) that helps transform human ingenuity into new products and services, with the global value of VC funding marking a significant plunge last year. In the annual ranking, China – the only middle-income economy in the GII top 30 – ranks 12th followed by Japan in the 13th position. Israel (14th) is back among the GII top 15, gaining two steps. Finland (6th) is on an upward trend along with Denmark (9th), Sweden (2nd) and the Baltic economies (Estonia 16th, Lithuania 34th and Latvia 37th). In the past 10 years, Indonesia (61st) joins China, Türkiye (39th), India (40th), Viet Nam (46th), the Philippines (56th), and the Islamic Republic of Iran (62nd) in the group of middle-income economies to have climbed the GII rankings fastest. In the last four years, and since the pandemic started, Mauritius (57th), Indonesia, Saudi Arabia, Brazil and Pakistan have risen the most in rank (in order of rank progression). A total of 21 economies outperformed on innovation as expected relative to their level of development, the majority located in Sub-Saharan Africa and South East Asia, East Asia, and Oceania. India, the Republic of Moldova and Viet Nam are each innovation over performers for 13 years in a row. Indonesia, Pakistan and Uzbekistan maintain their over performer status for a second year and Brazil for a third consecutive year. “A group of emerging economies are consistently climbing the GII ranks, showing how a focus on the innovation ecosystem can make a difference. Globally, despite a downturn in venture capital funding, the GII 2023 should reassure us that innovative activity currently continues to run strong but that innovative activity should continue to shift from quantity to quality. With the GII, policymakers across the world continue to have a rich and trusted source of data and information to craft pro-innovation policies to unleash the innovative potential of their people.” - WIPO Director General Daren Tang. A special excerpt from the GII shows that the world’s five biggest science and technology (S&T) clusters are now located in East Asia, with China emerging as the country with the greatest number of clusters as Tokyo-Yokohama leads as the biggest S&T cluster. Among the GII’s key findings: • Scientific publications, research and development (R&D), the number of venture capital (VC) deals (but not their value) and patents continued to increase to higher than ever levels. However, growth rates were lower than the exceptional increases seen in 2021. • In 2022, spending by corporations representing the largest investors in R&D reached USD 1.1 trillion in 2022 – a historic high. They increased their R&D spend by around 7.4 percent in 2022, down from 15 percent growth in 2021. • Mirroring the recent surge of artificial intelligence, the ICT hardware sectors saw graphic card and chipmakers in the lead with the most notable R&D growth in 2022. Other sectors which cut back R&D spending during the pandemic, such as automobiles and travel and leisure, invested strongly again in 2022. • According to preliminary data, global government R&D budgets are estimated to have increased in real terms in 2022. Significant increases took place in Japan and the Republic of Korea, and smaller ones in Germany, making up for cuts in other economies. • Reflecting a deteriorating climate for risk finance, the total value of VC investments declined sharply by close to 40 percent in 2022, albeit from unusually high levels in 2021. Africa was the only region not to see a decline in 2022. • The VC outlook for 2023 and 2024 is uncertain, with high interest rates likely to continue to impact the financing of innovation. • Indicators in the fields of information technology, health and energy continue to show progress – the Digital Age and Deep Science innovation waves PDF, GII 2022 At a glance outlined in GII 2022 are well underway. • Overall, technology adoption is developing positively even though penetration for some technologies, such as electric vehicles and cancer treatment, remains low. Global rankings: 1.    Switzerland (Number 1 in 2022) 2.    Sweden (3) 3.    United States of America (2) 4.    United Kingdom (4) 5.    Singapore (7) 6.    Finland (9) 7.    Netherlands (5) 8.    Germany (8) 9.    Denmark (10) 10.    Republic of Korea (6) 11.    France (12) 12.    China (11) 13.    Japan (13) 14.    Israel (16) 15.    Canada (15) 16.    Estonia (18) 17.    Hong Kong, China (14) 18.    Austria (17) 19.    Norway (22) 20.    Iceland (20) Global leaders in innovation in 2023 – Regional Breakdown Northern America The United States (3rd) scores the best in the world in 13 of the 80 GII 2023 innovation indicators. It holds the number one spot globally in various critical indicators, including global corporate R&D investors, VC received, university quality, combined valuation of unicorn companies and the value of corporate intangible asset intensity. Canada (15th) remains firmly positioned among the top 15 global innovators. The country leads in indicators including VC recipients (at first place), impact of its scientific publications (H-Index, 4) and software spending (5). Europe Europe hosts the greatest number of innovation leaders among the top 25 – 16 in total, one more than in 2022. Out of 39 European economies covered, 19 move up the rankings this year (seven more than last year), namely Sweden (2nd), Finland (6th), Denmark (9th), France (11th), Estonia (16th), Norway (19th), Ireland (22nd), Belgium (23rd), Italy (26th), Portugal (30th), Lithuania (34th), Latvia (37th), Greece (42nd), Slovakia (45th), Romania (47th), Serbia (53rd), North Macedonia (54th), Ukraine (55th) and Albania (83rd). Among economies improving their performance, France excels in intangible assets (at third place), global brands (4), industrial designs (8) and global corporate R&D investors (9). Belgium performs well in R&D expenditure (6), researchers (8) and university-industry R&D collaboration (9). Serbia approaches the top 50 with a strong performance in foreign direct investment (FDI) inflows (11) and labor productivity growth (14). South East Asia, East Asia, and Oceania Six South East Asia, East Asia and Oceania (SEAO) economies are world innovation leaders, namely Singapore (5th), the Republic of Korea (10th), China (12th), Japan (13th), Hong Kong, China (17th) and Australia (24th). Eight economies within the SEAO region improve their rankings this year, with Indonesia (61st, up from 75th) making the greatest advance. Indonesia excels in ICT-related indicators and ranks among the top 10 globally for university-industry R&D collaboration (5), state of cluster development (5), entrepreneurship policies and culture (5) and finance for startups and scaleups (8). Indonesia has made marked improvements in innovation outputs, notably in knowledge creation and online creativity. Mongolia (68th), Brunei Darussalam (87th) and the Lao People’s Democratic Republic (110th) also move up the rankings. Central and Southern Asia In Central and Southern Asia, India (40th) is the best-ranked innovation economy in this region. The Islamic Republic of Iran (62nd), Kazakhstan (81st, and a newcomer in the regional top three), and Uzbekistan (82nd) get close to the top 80. India maintains its 40th position overall and takes the helm in the lower middle-income group. It holds the record for overperforming on innovation for the 13th consecutive year. India holds top rankings in key indicators including ICT services exports (at place 5), VC received (6), graduates in science and engineering (11) and global corporate R&D investors (13). The Islamic Republic of Iran secures the 2nd position within the region. It claims the top spot globally in trademarks (at first place), performs well in intangible assets (13), and is in the top 15 worldwide in graduates in science and engineering (3), market capitalization (5) and industrial designs (11). Kazakhstan emerges as a newcomer in the regional top three and is one of only two economies that go up the rankings in the region, together with Nepal (108th). Pakistan and Uzbekistan overperform on innovation for the second consecutive year, while Pakistan also positions itself among the economies that have shown the most significant ascent in the GII over the past four years. Northern Africa and Western Asia Israel (14th), Cyprus (28th), the United Arab Emirates (32nd) and Türkiye lead in the innovation rankings for this region. Israel gained two ranks. It leads the world in nine innovation indicators, including R&D expenditure, university-industry R&D collaboration, the cumulative value of its unicorn companies, WIPO Patent Cooperation Treaty (PCT) patent applications and ICT services exports. The United Arab Emirates stabilizes close to the top 30 and ranks in the top five for its entrepreneurship policies and culture, policies for doing business, the number of researchers in businesses, and R&D financed by the private sector. Türkiye remains firmly placed among the group of middle-income economies within the GII top 65, and has climbed fastest in the ranks over the last decade. It ranks in the top five for its industry diversification, and excels notably in intangible assets, industrial designs and trademark filings.   Joining the top 50 ranks are Saudi Arabia (48th) and Qatar (50th). Saudi Arabia performs well in ICT access (7), ICT use (10) and policies for doing business (16). Additionally, it excels in global corporate R&D investors (16) and global brand value (18). The economies of Bahrain (67th), Oman (69th), Jordan (71st) and Egypt (86th) also experience significant improvements in their innovation rankings. Bahrain and Oman both enter the top 70, while Oman secures a spot among the top 10 worldwide in graduates in science and engineering (2) and government funding per pupil (9). Georgia (65th) and Armenia (72nd) also make notable improvements. Latin America and the Caribbean In Latin America and the Caribbean, Brazil breaks into the top 50 economies in 2023. Following a steady ascent in recent years, it surpasses Chile (52nd) for the first time, securing its position as the most innovative economy in the region. Mexico (58th) follows, holding the third regional position. Brazil climbs up five ranks this year, firmly establishing itself among the group of economies that have shown the most remarkable improvement in the GII over the past four years. Brazil excels in indicators including government’s online service (at place 14) and e-participation (11), both in the top 15 worldwide; the valuation of its 16 unicorn companies (22), representing 1.9 percent of its GDP in 2023; and intangible assets (31), ranking well worldwide for its trademarks (13), and its global brands value (39). Jamaica (78th) also overperforms on innovation for its level of development. In addition to Brazil, Uruguay (63rd) and El Salvador (95th) are the only other countries in the region that have improved their positions this year. Uruguay takes the lead in the top 10 for policies for doing business (4), ICT services imports (5), exports (7), and operational stability for businesses (10). El Salvador stands out with notable rankings in firms offering formal training (15) and trademarks (20). Sub-Saharan Africa In Sub-Saharan Africa, Mauritius (57th) leads the region, followed by South Africa (59th) making a stride by entering the top 60. Botswana (85th), Cabo Verde (91st) and Senegal (93rd) follow. Nine economies in the region improve their innovation rankings. South Africa, Senegal, Rwanda (103rd, and leading the low-income group), Nigeria (109th), Togo (114th) and Mauritania (127th) are among the economies that have shown notable progress. Mauritius leads worldwide in amount of relative VC invested (at place 1) and secures a spot among the top five in VC received (5). South Africa leads the region in knowledge and technology outputs, thanks to its good performance in software spending (28), patents by origin (34), PCT patent applications (40) and valuation of its unicorn companies (37). Botswana leads in business sophistication and performs well in loans from microfinance institutions (12). Senegal takes the lead for the valuation of its unicorns and it performs well in gross capital formation (8), loans from microfinance institutions (10), FDI inflows (13) and VC received (19). Rwanda, Madagascar (107th), South Africa, Senegal and Burundi (130th) stand out for overperforming on innovation relative to their level of economic development, with Rwanda excelling for 11 years.
• European Commission re-imposes ?376.36 Million Fine on Intel for Anticompetitive Practices in the ...
  BRUSSELS - The European Commission announced in a press release that it has re-imposed a fine of around €376.36 million on Intel for a previously established abuse of dominant position in the market for computer chips called x86 central processing units (‘CPUs'). Intel engaged in a series of anticompetitive practices aimed at excluding competitors from the relevant market in breach of EU antitrust rules. The decision re-imposing a fine In 2009, the Commission fined Intel €1.06 billion after finding that Intel abused its dominant position in the market for x86 CPUs. The Commission decision was based on findings that Intel had engaged in two specific forms of illegal practices by: (i) giving wholly or partially hidden rebates to computer manufacturers on condition that they bought all, or almost all, their x86 CPUs from Intel (so-called ‘conditional rebates'); and (ii) paying computer manufacturers to halt or delay the launch of specific products containing competitors' x86 CPUs and to limit the sales channels available to these products (so-called 'naked restrictions'). In 2022, the General Court partially annulled the 2009 Commission's decision, in particular the Commission's finding related to Intel's conditional rebates practice. At the same time, the General Court confirmed that Intel's naked restrictions amounted to an abuse of dominant market position under EU competition rules. The General Court also annulled the fine imposed on Intel in its entirety after concluding that it could not establish the amount of the fine relating only to the naked restrictions. Following this judgment, the Commission is today adopting a new decision imposing a fine on Intel only for the naked restrictions. These restrictions took place between November 2002 and December 2006 and consisted in payments made by Intel to three computer manufacturers (i.e., HP, Acer and Lenovo) to halt or delay the launch of specific products containing competitors' x86 CPUs and to limit the sales channels available to these products. Naked restrictions constitute a serious infringement of Article 102 Treaty on the Functioning of the European Union (‘TFEU') and the Commission has therefore decided to re-impose a fine of around €376.36 million on Intel. The lower fine imposed by today's decision reflects the narrower scope of the infringement compared to the 2009 Commission decision. This decision is without prejudice to the Commission's pending appeal against the General Court's annulment of its 2009 finding of an infringement as regards Intel's conditional rebates. Background Article 102 of the TFEU and Article 54 of the European Economic Area Agreement prohibit the abuse of a dominant position. On July 26, 2007, the Commission opened proceedings and adopted a Statement of Objections against Intel. On July 17, 2008, the Commission sent a supplementary Statement of Objections and subsequently a letter outlining additional factual elements relevant to the final decision. On May 13, 2009, the Commission fined Intel €1.06 billion for abusing its dominant position in the market for x86 CPUs. In 2014, the General Court dismissed Intel's appeal against the 2009 Commission's decision (T-286/09). In 2017, following an appeal by Intel, the Court of Justice of the European Union (‘Court of Justice') annulled the 2014 General Court's judgment and referred the matter back to the General Court (C-413/14 P). In its judgment, the Court of Justice further clarified the conditions to establish when conditional rebates may amount to an infringement of EU competition rules. At the same time, it asked the General Court to review whether the conditional rebates were capable of restricting competition in view of certain economic evidence Intel had relied on before the General Court in 2014. In 2022, the General Court ruled again on the matter and annulled the part of the 2009 Commission's decision concerning the conditional rebates, but confirmed the unlawfulness of Intel's naked restrictions (T-286/09 RENV). The General Court also annulled the fine imposed on Intel in its entirety after concluding that it could not establish the amount of the fine relating only to the naked restrictions. The Commission has appealed the part of the 2022 judgment of the General Court concerning the conditional rebates before the Court of Justice (C-240/22 P). The appeal is pending.
• Join Us in Shaping ICANN's FY26-30 Strategic Plan
  LOS ANGELES - As part of the Internet Corporation for Assigned Names and Numbers - ICANN's ongoing commitment to transparency, inclusivity, and strategic planning, the ICANN planning team is excited to invite you to participate in an essential phase of ICANN's strategic development process. Your insights and perspectives are invaluable as we work together to shape ICANN's future for fiscal years 2026 – 2030, a press release stated by ICANN. What: FY26 – 30 Strategic Planning Brainstorming Session: Strategic Planning Environmental Scan When: October 5, 15:00 –18:00 UTC Where: Virtual. Please register here: https://icann.zoom.us/meeting/register/tJMtde2grzkvGtSXa7PslFesgR48r6lvRXQ3#/registration During this session, ICANN will conduct an environmental scan and identify strengths, weaknesses, opportunities, and threats that will inform its strategic planning efforts. Your active participation is crucial to ensuring that we all have a comprehensive understanding of what the future holds for ICANN. This is your opportunity to contribute to the continued success and resilience of ICANN. By sharing your thoughts, ideas, and concerns, you will play an integral role in shaping ICANN's strategic direction for the next five years and beyond. Please take a moment to register for the Community Brainstorming Session. ICANN encourages you to mark your calendars and save the date. For questions, please reach out to the planning team via email: planning@icann.org. The team looks forward to your participation in this collaborative and forward-looking session.

• IP VIPS Send Letter to Congress Countering Calls for Government Price Controls on Drugs
  Twenty-five intellectual property luminaries sent a letter today to several members of Congress asking them to beware of misleading and inaccurate assertions by “activists and academics” that government price controls on drugs will lead to lower costs for consumers. The letter was sent to Senators Bernie Sanders (I-VT) and Bill Cassidy (R-LA), Chairman and Ranking Member, respectively, of the Senate Committee on Health, Education, Labor & Pensions; and Representatives Jason Smith (R-MO) and Richard Neal (D-MA), Chairman and Ranking Member, respectively, of the House Committee on Ways and Means.
• United States Slips Back to Third Place in WIPO’s Global Innovation Index 2023
  On September 27, the World Intellectual Property Organization (WIPO) released the Global Innovation Index (GII) 2023, providing a snapshot of the relative performance of innovation economies across the world. While this year’s Index reflects mostly positive news about the state of global innovation, a slight drop in the United States’ overall ranking should encourage policymakers to advance efforts that would address issues with the country’s innovation engine.
• Meeting Marvels: The Value and Necessity of Invention Disclosure Meetings
  The single best tool available to increase patent value and decrease patent costs is not directed to application drafting or patent prosecution or law firm selection. Instead, it occurs much earlier in the process. The best tool is meeting with inventors. When I was outside counsel and I received a new application to draft, the very first thing I did was set up a meeting with the inventors. As in-house counsel, when I receive a new invention submission, I do the same. It does not matter if the invention is simple, non-enabling, or incomplete. It does not matter if the inventor is familiar, experienced, or knowledgeable. It does not matter if we meet in person, by phone, or by video. For every invention, we meet.

• Del. Judge Trims Patent Suit Against Zendrive
  A Delaware federal judge has trimmed a patent suit from Massachusetts company Cambridge Mobile Telematics, agreeing that the claims are too abstract to warrant patent protection.
• ​​​​​​​Sarah Silverman Says OpenAI Can't 'Unilaterally Rewrite' Law
  Comedian and author Sarah Silverman and three others urged a California federal judge Thursday to keep intact proposed class claims alleging OpenAI ripped off their copyrights, arguing that the Copyright Act serves the public interest by granting rights to authors and OpenAI is trying to "unilaterally rewrite U.S. copyright law in its favor."
• Apple Gets PTAB To Invalidate 2 Biometric Security Patents
  Apple has persuaded the Patent Trial and Appeal Board to invalidate claims of two biometric security patents-at-issue in an infringement suit over the tech giant's Touch ID and Face ID features, which was transferred from Texas to California by a Federal Circuit order.

• Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising
  Last month we had a detailed post by Aditya Gupta on the DHC Division Bench order in Google v. DRS, explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Taking the discussion on the order forward, we are pleased to bring to you a guest post by Nivrati Gupta on its probable impact. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute …<p class="read-more"> <a class="ast-button" href="https://spicyip.com/2023/09/not-everyones-cup-of-use-the-changing-dynamics-of-trademark-use-and-infringement-in-internet-advertising.html"> <span class="screen-reader-text">Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising</span> Read More »</a></p>
• SpicyIP Tidbit: GII 2023 – India retains its 40th rank
  The Global Innovation Index (GII) rates 132 economies based on their capacity for innovation using 80 indicators to track global innovation trends. The GII 2023 rankings that were published by WIPO yesterday saw Switzerland topping the list for the 13th time, followed by Sweden and the USA. India, on the other hand, has retained the 40th rank out of 132 economies, making it one of the only five middle-income economies to be ranked amongst the top 40 economies. It has …<p class="read-more"> <a class="ast-button" href="https://spicyip.com/2023/09/spicyip-tidbit-gii-2023-india-retains-its-40th-rank.html"> <span class="screen-reader-text">SpicyIP Tidbit: GII 2023 – India retains its 40th rank</span> Read More »</a></p>
• The Conundrum of Naked Licensing
  We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. The Conundrum of Naked Licensing Naman Keswani The basic function of a trademark is not only to distinguish between the goods or services of one proprietor from those of others but also to ensure …<p class="read-more"> <a class="ast-button" href="https://spicyip.com/2023/09/the-conundrum-of-naked-licensing.html"> <span class="screen-reader-text">The Conundrum of Naked Licensing</span> Read More »</a></p>

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