ARTICLE
2 December 2023

[NEWSLETTER] Intellectual Property, Sports & Gaming (October 2023)

X Social Media LLC, a company facilitating connections between law firms and clients via social media, filed a lawsuit in a Florida federal court against X Corp...
Malaysia Media, Telecoms, IT, Entertainment

INTELLECTUAL PROPERTY

TRADEMARK

LEGAL MARKETING FIRM FILES TRADEMARK LAWSUIT AGAINST MUSK'S X CORP

X Social Media LLC, a company facilitating connections between law firms and clients via social media, filed a lawsuit in a Florida federal court against X Corp., previously known as Twitter Inc., alleging trademark infringement of the "X"trademark.

https://professionalwatches.com/rolex-milsub-trademark-registration-and-cancellation-rejected/

NESPRESSO AND PEET'S COFFEE RESOLVE TRADEMARK DISPUTE

Nespresso, the coffee pod giant, has reached an agreement to conclude its trademark dispute with Peet's Coffee, a US coffee chain, regarding the design of coffee pods. The lawsuit, filed in March 2022, accused Peet's Coffee of creating a false association with Nespresso by imitating the "cone-like" trade dress of Nespresso's pods. The Nestlé subsidiary also claimed that Peet's Coffee had caused consumer confusion by improperly promoting its pods as compatible with Nespresso machines. Since August 2023, both organisations have been working to finalise a settlement. They have now jointly requested the Manhattan federal court to dismiss the case with prejudice, preventing it from being refiled.

https://www.worldcoffeeportal.com/Latest/News/2023/October/Nespresso-ends-coffee-pod-trademark-disputewith-P

KANYE WEST, UNDER THE NAME YE , APPEARS TO BE INTERESTED IN TRADEMARKING THE TERM 'YEWS'

Kanye West, who now goes by the name Ye, appears to be seeking trademark rights for the term "YEWS" in multiple sectors. On October 2, twenty-six trademark applications were submitted to the US Patent and Trademark Office (PTO) in California. While Ye's name is not explicitly mentioned, the court documents identify Ox Paha Inc. as the applicant, a company located at the same address as the rapper's Los Angeles office.

https://news.bloomberglaw.com/ip-law/musks-x-corp-sued-over-trademark-by-legal-marketing-company

COUNTERFEIT BRANDED HANDBAGS VALUED AT RM33, 314 CONFISCATED IN KELANTAN

The Kelantan branch of the Domestic Trade and Cost of Living Ministry confiscated 829 counterfeit branded handbags, valued at approximately RM 33,314. This seizure, which occurred in two separate locations – Kota Bahru and Machang, was conducted in collaboration with representatives of registered trademark owners, as stated by the state director, Azman Ismail.

https://www.thestar.com.my/news/nation/2023/10/08/fake-branded-handbags-worth-rm33314-seized-inkelantan

PATENT

CERENCE INITIATES PATENT - INFRINGEMENT LAWSUIT AGAINST SAMSUNG ELECTRONICS

Cerence, a company specialising in automotive cognitive assistance solutions, has initiated a patentinfringement lawsuit against Samsung Electronics Co. and Samsung Electronics America. This legal action, filed in the US District Court for the Eastern District of Texas, pertains to specific Cerence technologies, which encompass voice recognition, handwriting recognition, and wake-up words.

https://www.globenewswire.com/newsrelease/2023/10/13/2760130/0/en/Cerence-FilesPatent-Infringement-Suit-Against-Samsung.html

LG INNOTEK SECURES THREE INTERNATIONAL ELECTRIC VEHICLE CHARGING PATENTS

On 19 October 2023, LG Innotek revealed that it had been granted three international standard essential patents related to electric vehicle (EV) charging. The company was selected as a licensor by a specialised standard patent licensing company, Via LA, which deals with EV charging technology. https://www.prnewswire.com/news-releases/lginnotek-stuns-the-world-with-groundbreaking-evcharging-technologies-301961408.html CERENCE INI T I A T E S P A T ENT - INFRING EMENT L AWS U I T A G A INS T S AMS UNG E L ECTRONICS Cerence, a company specialising in automotive cognitive assistance solutions, has initiated a patentinfringement lawsuit against Samsung Electronics Co. and Samsung Electronics America. This legal action, filed in the US District Court for the Eastern District of Texas, pertains to specific Cerence technologies, which encompass voice recognition, handwriting recognition, and wake-up words.

THE US SUPREME COURT REJECTS CAREDX' S PATENT LAWSUIT REGARDING ORGAN-REJECTION TESTS

The US Supreme Court rejected a lawsuit filed by CareDx (CDNA.O) concerning organ-rejection tests produced by Natera (NTRA.O) and Eurofins Viracor (EUFI.PA). The justices dismissed CareDx's appeal, which sought to challenge the lower court's decision that invalidated patents claimed by CareDx.

https://www.reuters.com/legal/us-supreme-court-rebuffs-caredx-patent-lawsuit-over-organ-rejection-tests-2023-10-02/

CALTECH HAS RESOLVED ITS HIGH- STAKES US PATENT DISPUTE WITH APPLE AND BROADCOM

The California Institute of Technology has come to a resolution to terminate a patent lawsuit against Apple and Broadcom concerning Wi-Fi chips. This decision was disclosed in a filing in a California federal court. Caltech, headquartered in Pasadena, had initiated the lawsuit against Apple and Broadcom back in 2016, contending that numerous Apple products, including iPhones, iPads, Apple Watches, and other devices using Broadcom chips, infringed upon its wireless communication patents. In the recent filing, Caltech stated that it would dismiss the billion-dollar case with prejudice, signifying that it cannot be brought to court again.

https://www.marketscreener.com/quote/stock/APPLE-INC-4849/news/Caltech-ends-high-stakes-US-patentfight-with-Apple-and-Broadcom-45052586/

COPYRIGHT

DISCORD SERVER "AI HUB" BECOMES UNAVAILABLE DUE TO COPYRIGHT INFRINGEMENT COMPLAINTS

The 'AI Hub' Discord server facilitated the sharing of AI tips, tricks, and models, including voice models of popular musicians. Concerns arose over potential copyright infringement as these models were trained using commercial music. The RIAA (Recording Industry Association of America) took legal action to obtain the identities of members who allegedly shared copyrighted content, leading to the server's shutdown.

https://torrentfreak.com/popular-ai-hub-discord-taken-down-following-copyright-complaints-231005/

THE ROLLING STONES EVADE A COPYRIGHT LAWSUIT TEMPORARILY REGARDING THEIR 2020 SONG "LIVING IN A GHOST TOWN"

A Louisiana federal judge has dismissed a copyright infringement lawsuit against Mick Jagger and Keith Richards of The Rolling Stones, ruling that the case was filed in the wrong court. The lawsuit, brought by songwriter Sergio Garcia Fernandez (Angelslang), alleged that Jagger and Richards copied elements from his songs in their 2020 single "Living in a Ghost Town".

https://www.billboard.com/business/legal/rolling-stones-song-theft-lawsuit-dismissed-judge-1235449440/

FAIR USE MAY NOT HELP ANTHROPIC AGAINST AI MUSIC LAWSUIT

Music publishers, including Universal Music Group, have filed a lawsuit against AI vendor, Anthropic, for allegedly distributing copyrighted lyrics within its generative AI model Claude 2. The publishers claim that Anthropic's AI model generates identical or near-identical copies of copyrighted lyrics, depriving them of control over their copyrighted works and the benefits of their creative endeavors.

https://www.techtarget.com/searchenterpriseai/news/366556341/Fair-use-may-not-help-Anthropic-againstAI-music-lawsuit

SPORTS

RECENT UPDATE ON THE ONGOING LEGAL BATTLE RELATED TO THE 2008 F1 CHAMPIONSHIP

Former Formula 1 driver, Felipe Massa, has called on Ferrari to support him in his legal battle against the FIA and FOM regarding the 2008 F1 World Championship. Massa lost the championship that year to Lewis Hamilton under controversial circumstances due to the Renault crashgate incident. While Ferrari hasn't officially joined the legal battle, Massa is determined to proceed with it.

https://www.sportskeeda.com/f1/news-i-don-t-really-see-ferrari-far-manipulation-felipe-massa-issues-latestupdate-2008-f1-championship-legal-battle

OPENVIEW WITHDRAWS ITS LEGAL CASE AGAINST DSTV'S SUPERSPORT

eMedia, the parent company of Openview, has withdrawn its High Court application against MultiChoice and SuperSport in a dispute over sub-licensing agreements for the Rugby and Cricket World Cups in South Africa. SuperSport had exclusive rights to broadcast these events, but MultiChoice had a sub-licensing agreement with the South African Broadcasting Corporation (SABC) to allow them to broadcast the games. However, these agreements explicitly blocked the SABC from airing the games on third-party platforms like Openview, leading to accusations of anti-competitive behavior.

https://mybroadband.co.za/news/broadcasting/511832-openview-drops-court-case-against-dstvssupersport.html

GAMING

FRANCE INTRODUCES A NEW LAW FOR CRYPTOCURRENCY-BASED GAMES

France has enacted the "Sorare law", marking a significant development in establishing the country's first dedicated regulatory framework for video games integrating NFTs (Non-Fungible Tokens) and cryptocurrencydriven monetisation methods. The Sorare law aims to strike a balance between promoting innovation in French gaming startups and safeguarding the interests of users.

https://www.cryptopolitan.com/france-new-law-for-crypto-games/

GAMING COMPANIES IDENTIFY "HIGHLY SKILLED HACKERS" AS A GROWING PIRACY THREAT

The Entertainment Software Association (ESA), a representative organisation for major gaming companies, has put together a catalogue of "Notorious Markets" linked to piracy and has submitted it to the Office of the US Trade Representative (USTR). This catalogue encompasses problematic websites and services that facilitate the illegal downloading of pirated games. Additionally, the report raises concerns about proficient crackers, repackers, the utilisation of cryptocurrency in piracy, and the dissemination of malware through pirated games.

https://torrentfreak.com/gaming-companies-flag-highly-skilled-hackers-as-emerging-piracy-threat-231023/

GTA 5 RP FIVEM SERVERS PROHIBIT THE USE OF REAL-WORLD CARS AND IMPORTED MAPS

FiveM, the popular GTA 5 RP server mod client recently acquired by Rockstar Games, has banned the use of realworld cars in all servers hosted on its platform. This decision is a result of the new Platform License Agreement implemented after Rockstar's acquisition. Players are now prohibited from importing maps of other games into FiveM RP servers, regardless of their source, and removing badges or branding from real-world car models will not be sufficient to avoid potential copyright claims.

https://www.sportskeeda.com/gta/news-gta-5-rp-fivem-servers-ban-real-world-cars-map-imports-followingacquisition-rockstar

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