Our colleagues at Employment Law World recently blogged about a recent trade secrets decision from the Northern District of California, Apple v. Rivos. The case involved a common fact pattern: numerous employees were hired away from Apple by Rivos and Apple brought claims for trade secret misappropriation (among others). The court dismissed the claims against
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New Social Media Guidance for 2024 Olympians
The opportunity to compete at the Olympic Games represents one of the most honorable achievements of any athlete’s career. And while Olympians may have always been trailblazers in the world of sports, today’s competitors are more than just athletes – they are brand ambassadors, marketing representatives, and social media influencers. While an athlete’s ability to…
Japan’s New Draft Guidelines on AI and Copyright: Is It Really OK to Train AI Using Pirated Materials?
SPB’s Joe Grasser and Scott Warren recently examined the current state of Japan’s copyright laws as they relate to Artificial Intelligence (AI). Specifically, the article looks at how Japan has taken a very flexible approach to help “jump start” AI development in the country.
Given the potential impact that this law could have on AI…
The California Age-Appropriate Design Code Act Enjoined
On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”). The reason? The…
Don’t Fall for These Ubiquitous Trademark Scammers
Over the past several months, we have seen an increase in notices from alleged trademark firms. The emails are identical or substantially similar to the following:
Hi [recipient],
I hope this email finds you in good health.
I am writing to you on behalf of the legal department of [Trademark Firm].
We have received an…
Securing EU trademarks: because EUIPO publication ≠ enforceability
First, some context
Like any other intellectual property asset, EU trade marks can be and are often used as collateral in financial transactions. However, reconciling the EU trade mark regulation (the “EU TM Regulation”) with the applicable national laws on “rights in rem” is not always straightforward, especially when the EU trade mark owner is…
The USPTO Speaks on Obviousness – Do Patent Practitioners Have an Answer?
The United States Patent and Trademark Office (USPTO) recently published updated guidance emphasizing a very flexible approach to determining obviousness under 35 U.S.C. § 103, consistent with the U.S. Supreme Court’s opinion in KSR v. Teleflex. The guidelines are written for USPTO personnel but combined with the Manual of Patent Examining Procedure (MPEP), they…
Who Invented This? The Continuing Importance of Human Ingenuity in Patenting AI Related Inventions
Artificial Intelligence (AI) systems are becoming an increasingly important part of our lives and are affecting almost every industry. In compliance with section 5.2(c)(i) o the President’s October 30, 2023 Executive Order (EO) 14110, titled “Safe, Secure, And Trustworthy Development and Use of Artificial Intelligence (AI)”, the US Patent and Trademark Office (USPTO) has…
In TTAB Proceedings, Subpoenas Must be Issued by the Clerk of the Court
In Waterdrop Microdrink GmbH v. Qingdao Ecopure Filter Co., Ltd., the District Court for the Central District of California denied a motion to compel compliance with a subpoena relating to a Trademark Trial and Appeal Board (“TTAB”) proceeding, because the subpoena was never signed by the Clerk of the Court — despite the fact…
Navigating the Regulatory Maze: Understanding the ASA Ruling re. Supreme CBD
Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here.
In the ever-evolving landscape of advertising regulations, the recent decision by the UK’s Advertising Standards Authority (ASA) regarding social media posts by former footballers in relation to Supreme CBD’s…
Harmful gender stereotypes or a double standard? Calvin Klein and GIRLvsCANCER ads banned in the UK
The authors thank Zara Bhatti for her contributions to this post.
The UK’s Advertising Standards Authority (ASA) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. We commented at the time that these restrictions were likely to see a rise in number…
Why You May Have to Comply with California’s New Noncompete Laws – With a February 14 Deadline
While the enforcement of non-compete clauses (“noncompetes”) varies in jurisdictions across the country, California has a longstanding history of disfavoring them and championing a pro-employee-mobility work environment. Two laws were recently passed – Assembly Bill 1076 and Senate Bill 699 – expanding the scope of California’s prohibition on noncompetes and exposing companies to a heightened…
Global Brand Protection – How to Manage an Anti-Counterfeiting Program
For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth.
Trademark and registered design portfolio
It goes without saying: maintaining a comprehensive trademark portfolio is key. It is important for brand owners to register its core…
AI Art Registration Denied – The Copyright Review Board Tells Applicant To Gogh Home
Last Fall in this space, we discussed the U.S. Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. As detailed below,…
UK Supreme Court rules on AI and Patent Applications
In a much anticipated judgment, the UK Supreme Court delivered on 20 December 2023 its ruling in the case of Thaler v Comptroller-General of Patents, Designs and Trade Marks (Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) – The Supreme Court) on whether an artificial intelligence (AI) system can be named…
A Win for Skinny Labels: Insights for Enforcing Use Patents
Most drugs are covered by multiple patents, with initial patents directed broadly to the compound and later patents directed to increasingly narrower uses of the compound. This provides opportunities for the compound to be approved as a generic drug before expiration of all of the patents, based on a “skinny” label – i.e., a label…