Intellectual Property

PTAB Issues Precedential GoPro Decision That Even Service Of “Deficient” Complaint Starts IPR Time Clock

By Bryan D. Beel on August 23, 2019

Today, the PTAB’s Precedential Opinion Panel issued a precedential decision holding that even a deficient pleading triggers the one-year IPR filing period. GoPro, Inc. v. 360Heros, Inc., IPR2018-01754 (PTAB Aug. 23, 2019) (Paper 38). …

Essential Patent Blog

Ninth Circuit Stays Judge Koh’s Injuncton in the FTC v. DOJ Competition Brawl (FTC v. Qualcomm)

By David Long on August 23, 2019

Today, the Ninth Circuit issues an Order that stays Judge Koh’s injunction entered in the FTC v. Qualcomm case in order to maintain the status quo so that the Ninth Circuit can decide whether Judge Koh’s “order and injunction represent a trailblazing application of the antitrust laws, or instead an improper excursion beyond the outer limits of the Sherman Act”, which is not decided by this Order but “is a matter for another day.” We…

The Brand Protection Blog

Appoint your Canadian Trademark Agent for Peace of Mind for Madrid applications

By Mihaela Dumitrean on August 23, 2019

On June 17, 2019 Canada acceded to the Madrid Protocol. Foreign applicants can now file a single International trademark application with the International Bureau of World Intellectual Property Organization (WIPO) and request trademark protection in Canada. Generally, the Canadian Intellectual Property Office (CIPO) will issue a Courtesy Letter advising the applicant’s representative before the International Bureau of WIPO that in Canada the applicant must be represented by a person that resides in Canada and listed as a registered trademark agent in…

Law of the Level

Celebrity Entertainer Sues Over Video Game Avatar

By Robert Hough on August 22, 2019

As real-world celebrities continue to expand the reach of their persona into the digital realm, the potential benefit for advertisers, game developers and esports event promoters is exceedingly high. But with increased opportunity comes increased risk. A New York Supreme Court recently addressed this risk when it construed the State’s right of publicity statute[1] in a dispute over an NBA 2K18 video game avatar. In Champion v. Take Two Interactive Software, Inc., celebrity…

Intellectual Property Law Blog

Celebrity Entertainer Sues Over Video Game Avatar

By Robert Hough on August 22, 2019

Trading Secrets

Webinar Recap! Enforcement of Non-Competes: Increasing Difficulty Depending on State

By Kristine Argentine, Eric Barton & Katelyn Miller on August 22, 2019

In Seyfarth’s fourth installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Kristine Argentine, Eric Barton, and Katelyn Miller focused on the enforcement of non-competes and how the difficulty of enforcement of these restrictive covenants vary by state, especially based on recent legislation in various states. As a conclusion to this webinar, we compiled a summary of takeaways: While restrictive covenants are an important piece of many employment agreements in order to protect…

Trade Secrets Trends

S.D.N.Y. Holds the 2016 DNC WikiLeaks Dump Did Not Violate The Defend Trade Secrets Act

By Kimberley Johnson & Astor Heaven on August 22, 2019

On July 30th, 2019, the District Court for the Southern District of New York held that a news outlet’s publication of the Democratic National Convention’s (DNC) allegedly stolen trade secrets did not violate the Defend Trade Secrets Act, 18 U.S.C. § 1831, et seq. (“DTSA”). In April 2018, the DNC filed suit against the Defendants, alleging that the Russian Federation’s military intelligence agency unlawfully hacked into the DNC’s computers and conspired with WikiLeaks to publicly…

The IP Law Blog

Supreme Court Ruling In Pirate Ship Copyright Case Could Sink State Immunity

By Scott Hervey on August 22, 2019

The Supreme Court is set to hear the case of Allen v. Cooper which addresses the constitutionality of the Copyright Remedy Clarification Act (“CRCA”). The purpose of the CRCA is to abrogate sovereign immunity enjoyed by States and State actors under the Eleventh Amendment for claims of copyright infringement. The CRCA provides as follows: Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting…

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

By Craig Cupid on August 22, 2019

Protection From Additional Liabilities Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. Copyright holders may pursue secondary liabilities such as vicarious, contributory or induced infringement. Secondary liabilities are sought when the user who posted the infringing materials is not available or cannot be found. To find a company vicariously liable, the copyright holder must prove 1) the defendant directly benefited financially from…

The Traklight Blog

The Future is Deepfakes. Can Copyright Save Us? (Probably Not.)

By mwillee@traklight.com Mike Willee on August 22, 2019

The idea of the future as equal parts wonder and nightmare is an old one. It’s all over our science-fiction, in particular the notion that the same advances that push us forward could serve as the seeds of our own destruction. Robots built to serve humanity ultimately enslave us, and technology binds us and restricts us in the name of transparency and security, civic-minded ideas masking an authoritarian agenda at its heart. Grim stuff, I…

Intellectual Property

PTAB Issues Precedential GoPro Decision That Even Service Of “Deficient” Complaint Starts IPR Time Clock

Ninth Circuit Stays Judge Koh’s Injuncton in the FTC v. DOJ Competition Brawl (FTC v. Qualcomm)

Appoint your Canadian Trademark Agent for Peace of Mind for Madrid applications

Celebrity Entertainer Sues Over Video Game Avatar

Celebrity Entertainer Sues Over Video Game Avatar

Webinar Recap! Enforcement of Non-Competes: Increasing Difficulty Depending on State

S.D.N.Y. Holds the 2016 DNC WikiLeaks Dump Did Not Violate The Defend Trade Secrets Act

Supreme Court Ruling In Pirate Ship Copyright Case Could Sink State Immunity

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

The Future is Deepfakes. Can Copyright Save Us? (Probably Not.)

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