Fri.Aug 12, 2022

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Building a Bold Brand Wheel: 8 Types of Bold Brand Names

Erik K Pelton

The following is an edited transcript of my video Building a Bold Brand Wheel: 8 Types of Bold Brand Names. I am always looking for ways to help take trademark and branding concepts and boil them down to a visual or a quote, or some way to help convey something that’s complex in a bit more digestible manner. And I have talked a lot about bold brand names, and how to build them, and the different types of literary tools that can be used to create bold brand names.

Branding 147
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Artificial Intelligence and Data Act (AIDA) signals more AI regulation to come

IPilogue

Aaron Dishy is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. The proposed Artificial Intelligence and Data Act (AIDA) would introduce greater regulation of the use and development of artificial intelligence (AI) in Canada’s private sector. On June 15 th , 2022, the Minister of Innovation, Science and Industry, François-Phillippe Champagne introduced Bill C-27 , or the Digital Charter Implementation Act, 2022.

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Microsoft Sues Activation Key & Token Sellers For Enabling Customers’ Piracy

TorrentFreak

Having spent billions on development and marketing over decades, companies like Microsoft dominate important sections of the software market. As a result, in some business and educational environments use of Microsoft software is effectively mandatory, leaving consumers with little room to consider alternatives or negotiate a discount. Pirate sites are always an option but many consumers feel that a genuine product bought at a discounted price is a safer and more honest option.

Copying 100
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AI Can’t Hold Patents Because They Require an “Inventor” to Be a “Natural Person”

JD Supra Law

A federal court ruled last week in Thaler v. Vidal (4th Cir. Aug. 5, 2022), that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming earlier rulings from the United States Patent and Trademark Office (USPTO) and the lower court in the Eastern District of Virginia.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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People and places: How and where to work next

McKinsey Operations

Selling, general, and administrative functions are integral to your organization’s success. What’s the best place for those people to work?

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Federal Circuit Confirms “Inventor” Must Be Human, Not AI

JD Supra Law

Key Points - On August 5, 2022, the Federal Circuit held in Thaler v. Vidal that the term “inventor” under the United States Patent Act must be a human being. This ruling precludes patent protection for inventions where the sole inventor is an AI system. Given the rapidly evolving world of AI, this ruling is likely to be the first of many decisions tasked with determining the role of AI within the larger universe of intellectual property.

More Trending

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CAFC Confirms That Artificial Intelligence Cannot Be an Inventor

JD Supra Law

About a year ago, we reported on a case out of the Eastern District of Virginia. Stephen Thaler had appealed a decision by the USPTO refusing to recognize an AI machine he created as a person. Judge Brinkema of the Eastern District ruled that only a “natural person” could be an inventor, based upon language from the US Patent Act, Title 35 US Code.

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The ten rules of growth

McKinsey Operations

Empirical research reveals what it takes to generate value-creating growth today.

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AI Systems May Invent, But Are They Inventors?

JD Supra Law

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? The Federal Circuit recently addressed this issue in Thaler v. Vidal.

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‘Pirating’ WOW! Subscribers Object to Having Their Identities Exposed to Filmmakers

TorrentFreak

WOW! is being sued by a group of movie companies including Millennium Media and Voltage Pictures. The filmmakers accuse the ISP of failing to disconnect the accounts of subscribers who were repeatedly flagged for sharing copyrighted material. They hold WOW! liable for these pirating activities, which could lead to millions of dollars in damages. The ISP challenged the claims and filed a motion to dismiss the case.

IP 80
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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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ITC setback for Sonos in its high stakes patent battle with Google

IAM Magazine

The search giant has also hit the smart-speaker innovator with a new round of US district court litigation

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5th Circ. Affirms Activision's Call Of Duty Win Over Booker T

IP Law 360

The Fifth Circuit on Friday affirmed a jury win for video game maker Activision Blizzard in a copyright suit over a Call of Duty character brought by professional wrestler Booker T, finding a Texas federal court had correctly excluded some of Booker T's exhibits from being admitted at trial.

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How climate action can help deliver EU energy security

McKinsey Operations

Governments can act now to accelerate the energy transition in Europe to both improve the continent’s long-term energy security and reduce emissions.

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Justices Urged To Clarify Fair Use Through Warhol Art IP Row

IP Law 360

The head of the American Bar Association's copyright division said Friday that the U.S. Supreme Court should establish a clear standard for fair use in a copyright battle over Andy Warhol artwork based on a photo of musician Prince, arguing it's a chance for the court to spell out what counts as a transformative work.

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OM Weekly Digest 08/12/22

Olartemoure Blog

08/12/22 – Corporate. New regulations by the Ministry of Finance made amendments regarding leasing agreements, thus facilitating small loans and promoting the use of digital agreements which streamline financial services such as insurance activity. According to the new regulations, leasing agreements may now be extended to intangible assets, not requiring the financial consumer to be physically present when opening small personal loans, plus banking satellite outlets will now be allowed

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Netflix Sued Over 3-Second Clip Of 'Tiger King' COVID Tattoo

IP Law 360

A Pennsylvania tattoo artist has accused Netflix of ripping off an image of her Joe Exotic tattoo in the second season of the true-crime blockbuster "Tiger King," saying the streaming giant used her pandemic practical joke without permission and has refused to compensate her for it.

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D.C. City Council Blinks, Rolls Back Non-Compete Ban

LexBlog IP

Having initially enacted a total ban on non-compete agreements that went so far as to ban prohibitions against moonlighting with competitors, the District of Columbia City Council has significantly changed the law’s scope. Details of the amended D.C. “ban,” including how the act permits non-compete agreements for “highly compensated employees,” are laid out the article, D.C.

Law 52
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11th Circ. Affirms Hospitality Tech Biz Win In Photo TM Fight

IP Law 360

The Eleventh Circuit on Friday backed a hospitality technology company's win in the Southern District of Florida, where it fended off allegations from a photographer that it improperly removed copyright-related metadata from his pictures before reproducing and distributing them to travel websites.

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[Audio] Podcast: The Briefing by the IP Law Blog - NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark Infringement Lawsuit filed by the clothing brand RHODE NYC against Hailey Bieber’s new skincare line Rhode.

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A Law Firm's Guide To Avoiding Client Conflicts

IP Law 360

With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

Law 75
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NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction

The IP Law Blog

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark Infringement Lawsuit filed by the clothing brand RHODE NYC against Hailey Bieber’s new skincare line RHODE. Listen to this podcast episode on the platform of your choice here.

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Brand Battles: Mariah Carey Faces 'Queen Of Christmas' Fight

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Mariah Carey's attempt to secure trademark rights on "Queen of Christmas" has been blocked by a yuletide contender who says the throne is "big enough" for more than one queen — plus three other cases you need to know about.

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NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction

LexBlog IP

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark Infringement Lawsuit filed by the clothing brand RHODE NYC against Hailey Bieber’s new skincare line RHODE. Listen to this podcast episode on the platform of your choice here.

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NY Comedy Venue Says Rival's Name Change Isn't Funny

IP Law 360

The Brooklyn Comedy Collective, a fixture in the New York comedy scene, filed a trademark infringement suit in New York federal court Friday against a nearby rival once known as "Old Man Hustle," accusing it of blatantly ripping off its trademark when it changed its name to "BKLYN Comedy Club.

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Amazon.com, Inc. sued for Copyright Infringement and Counterfeiting

Indiana Intellectual Property Law

Indianapolis, Indiana – Ifedoo Enigwe (“Enigwe”), of Philadelphia, Pennsylvania filed a complaint against Defendants, Amazon.com, Inc , and Author Solutions Inc. Delaware, A/K/A Authorhouse for copyright infringement and counterfeiting of his work Mixed Blessings. . According to the Complaint, Enigwe and the Defendants entered into a Settlement Agreement in or around January 2006 that “we [Authorhouse] will maintain the ‘live’ state of your book, Mixed Blessings, for one more year (from

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Peloton Can't Outrun False Ad Suit Related To Music IP Spat

IP Law 360

A New York federal judge denied Peloton's latest bid to escape a proposed class action accusing the stationary bike giant of falsely advertising an "ever-growing" library of online fitness classes when numerous classes were about to be removed due to music copyright concerns.

Music 74
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A Theory of Trademarks in the Blog Era

Likelihood of Confusion

(Edited to reflect the march of time.) On April 5th, as you were previously warned, I presented in New York City as part of a seminar on Advanced Trademark Issues. The post A Theory of Trademarks in the Blog Era appeared first on LIKELIHOOD OF CONFUSION™.

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Federal Circuit Rules Inventorship Must Be Natural Human Beings

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit recently confirmed in Thaler v. Vidalthat artificial intelligence (AI) agents cannot be listed as an inventor on a patent because the plain text of the Patent Act requires that inventors must be human beings. Patent law jurisprudence around the world has traditionally recognized only humans as inventors to patent applications, and this ruling likely concludes the American front of Stephen Thaler and the Artificial Intelligence Project’s.

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Other Barks & Bites for Friday, August 12: Canada to Add Resale Royalties to Copyright Law, Fifth Circuit Affirms Exclusion of Evidence in ‘Call of Duty’ Copyright Suit, and Ninth Circuit Rejects Trademark Appeal in Yoga Pants Case

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit again finds Minerva estopped from challenging the validity of patent claims after remand by the U.S. Supreme Court; the Ninth Circuit affirms a summary judgment ruling nixing trademark infringement claims against lululemon’s Align yoga pants; government officials in the EU and South Korea claim EV tax credit provisions in the Inflation Reduction Act flout international treaties; the Fifth Circuit affirms the exclusion of improper charact

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Big 5 CEOs Testify in Antitrust Case

Velocity of Content

Testimony continued for a second week in Washington, DC, in the Department of Justice suit to block Penguin Random House’s acquisition of rival Big Five publisher Simon & Schuster. On Monday, Macmillan CEO Don Weisberg testified , joining the ranks of other Big 5 CEOs who have sat in the witness chair, including Michael Pietsch of Hachette Book Group and Penguin Random House chief Markus Dohle before him.

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NAD Cleans Up ‘Doctor Recommended’ Claim for Baby Wipes

LexBlog IP

It is too early to tell if we have a baby wipes war developing to compete with the diapers wars, but we certainly have had lots of activity this year involving the disposable cleanup cloths. An earlier action focused on the adequacy of the substantiation of a claim that WaterWipes were the “#1 wipe against the causes of diaper rash.” Do not fear, gentle reader, we will not be delving into the science behind diaper rash today (although for the curious, the earlier decision and the mor

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For Sale or Not for Sale? Consider a Patent Application First

JD Supra Law

For sale, or not for sale- That is the question in Larry G. Junker v. Medical Components Inc. et al., case that started in the U.S. District Court for the Eastern District of Pennsylvania and which has now been appealed to the U.S. Supreme Court.

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Straight Talk from NAD: Recent Case Outlines when Comparative Claims Must Be Qualified 

LexBlog IP

Sometimes advertising lawyers can be real drama royals. But I do think the latest in the teeth-straightening wars at NAD (link to SmileDirect press release below) deserves some attention. I am not yet sure if this signals a new direction for NAD or if this case will be more limited to cases with comparative savings messages. But its recommendation goes beyond what I would have expected.

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[Video] Webinar | Post Grant for Practitioners: 2022 Mid-Year Review

JD Supra Law

In April 2022, Kathi Vidal assumed office as Director of the United States Patent and Trademark Office, ushering in a new era for the agency. With new guidance concerning Fintiv denials, an updated interim process for Director review, and the introduction of major reform legislation, 2022 is shaping up to be a busy year in the post-grant world. If you have missed some of these developments, now is a good time to catch up.

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An Analysis of the Status Quo of FDI And Its Regulatory Framework In India Through the RBI’s FED Master Direction No.11/2017-18 On Foreign Investment

IP and Legal Filings

The quarterly factsheet on foreign direct investment (FDI) on the website of Department for promotion of Industry and Internal Trade (DPIIT) shows that the amount of Foreign Direct Investment inflow for the period of October 2019 To March 2022 was $142.3 Billion, with Mauritius being the biggest contributor. [1] Also, a United Nations Conference on Trade and Development (UNCTAD) report from 2021 suggests that global FDI flows dropped by 35% to $1 trillion in 2020, from $1.5 trillion in 2019 due