Mon.May 02, 2022

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Meta Faces Class Action Lawsuit Over Counterfeit Ads

Plagiarism Today

On April 22, artist JL Cook filed a class action lawsuit against Facebook owner Meta , alleging that the company is failing to take adequate steps to prevent counterfeit ads from appearing on its site. Cook is an artist who sells sculptures of snakes on her site Snakearts.com. However, she claims that counterfeit sellers are stealing her images and creating ads for knock off works on Facebook using them.

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Does My Non-Profit Need Trademark Protection?

Erik K Pelton

The following is an edited transcript of my video Does My Non-Profit Need Trademark Protection? We have been blessed at EMP&A to work with dozens and dozens of nonprofits over the years, doing all kinds of great work. Some of them are in health and science fighting disease. Some of them are combating poverty and homelessness. Some of them are campaigning for equity and justice and many, many other topics as well.

Trademark 147
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3 Count: Notorious Markets 2022

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Government Publishes its Latest Copyright Watch Lists. First off today, Chris Cooke at Complete Music Update reports that the United States Trade Representative has released its annual list of “notorious markets” that identifies countries that, according to it, are failing to take adequate action to prevent copyright and other kinds of intellectual property infringement.

Marketing 173
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Russian Cinemas Are Showing Pirated Movies Downloaded From Torrents

TorrentFreak

As the horrors caused by Russia’s invasion of neighbor Ukraine continue, the geopolitical and financial implications are being felt throughout the world. Dozens of countries aligned with the defense of Ukraine have implemented unprecedented sanctions. From withering restrictions on Russia’s banking system to a simple refusal to do business, the desire is to restrict Putin’s ability to wage war.

Cinema 142
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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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Google General Counsel’s Clarion Call for U.S. Patent System Reform Should Not Be Heeded

IP Watchdog

On April 28, Google’s General Counsel Halimah DeLaine Prado authored a post published on Google’s official blog to voice concerns felt by one of the world’s richest corporations that the U.S. patent system is currently in a state of growing crisis. The post offers several suggestions, each sanctioned by Google, as to steps that can be taken in all three branches of the U.S. federal government to address patent quality, abusive litigation and forum shopping.

Inventor 128
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MakeMyTrip vs Booking.com – Looking at the Delhi High Court Injunction on Usage of Adwords

SpicyIP

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. Sangita is a 3rd year student at Gujarat National Law University and has previously written for us here and here. MakeMyTrip vs Booking.com – Looking at the Delhi High Court Injunction on Usage of Adwords.

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is there a difference between "clinically tested" and "clinically proven" to reasonable consumers?

43(B)log

Williams v. Reckitt Benckiser LLC, No. 20-23564-CIV-COOKE/GOODMAN, 2021 WL 8129371 (S.D. Fla. Dec. 15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. Courts often are skeptical about small differences in wording when plaintiffs challenge them as causing deception.

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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

The hiQ v. LinkedIn lawsuit started in 2017. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light of the Supreme Court’s Van Buren ruling. On remand, the Ninth Circuit again says that hiQ is entitled to injunctive relief, because LinkedIn’s claims under the CFAA don’t neutralize hiQ’s colorable tortious interference claims against LinkedIn.

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This Week in Washington IP: AI Applications in Cyberspace, Innovating Active Carbon Management Technologies, and INTA’s Annual Meeting Live+

IP Watchdog

This week in Washington IP news, Senate committees are planning to host hearings on the applications that artificial intelligence can have in cyberspace, both for good and bad actors, as well as legislative proposals that could force social media platforms to increase transparency regarding algorithms for targeted advertising and news feeds. During the first half of the week, the International Trademark Association hosts its first in-person Annual Meeting since the COVID-19 pandemic began, altho

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Modern World’s Dirty Uncle Sal: Suspension of IP Rights in Russia

IPilogue

Photo by Tina Hartung ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LL.M Candidate at Osgoode Hall Law School. As Andrew Masson recently discussed , Russia is now responding to sanctions by removing the protection of IP rights in its territory for owners from “unfriendly” countries. On March 08, 2022 , Russia released an executive order acknowledging the unfriendly actions of the United States of America and its allies, including Canada, the UK, and all EU states.

IP 106
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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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Columbia Univ. Wins $185M Patent Verdict Against Norton

IP Law 360

A Virginia federal jury on Monday awarded Columbia University $185 million in its long-running anti-malware patent lawsuit against NortonLifeLock Inc., after the presiding judge on Friday told the then-deadlocked panel to keep deliberating.

Patent 98
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Eight Patent Examination Annoyances and How to Respond to Them

JD Supra Law

Patent examiners have a hard job. They are given a relatively short amount of time in which they are supposed to thoroughly review a patent application, search for relevant prior art, and write a well-reasoned Office action. Given the challenges of doing so, each of these tasks -- reviewing, searching, and writing -- may not get the attention that it needs.

Patent 98
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Apple Says Chip Startup, Ex-Employees Stole Trade Secrets

IP Law 360

A chipmaker startup hired away dozens of Apple's former engineers and then instructed at least some of them to rip off key trade secrets for use at their new company, the tech giant said in a California federal court complaint Friday.

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Azurity Pharms., Inc. v. Alkem Labs., Ltd.

JD Supra Law

Case Name: Azurity Pharms., Inc. v. Alkem Labs., Ltd., No. 20-cv-1094, 2022 WL 605746 (D. Del. Jan. 31, 2022) (Goldberg, J.) Drug Product and Patent(s)-in-Suit: Firvanq® (vancomycin HCl); U.S. Patents Nos. 10,493,028 (“the ’028 patent”), 10,688,046 (“the ’046 patent”), and 10,959,948 (“the ’948 patent”).

Patent 98
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3 Key Green Technologies Transforming Industry

IP.com

As markets for green and sustainable solutions promote a more eco-friendly economy, they radically transform industries and create downstream opportunities for forward-thinking businesses. Check-in on the status of some of. The post 3 Key Green Technologies Transforming Industry appeared first on IP.com - IP Innovation and Analytics.

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Facebook Parent Meta Accused Of Ripping Off Infinity Logo

IP Law 360

Meta Platforms Inc.'s new infinity emblem rips off a Swiss computing foundation's logo and damages the nonprofit's reputation for protecting user privacy, according to a trademark infringement lawsuit filed in California federal court.

Privacy 97
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PMPRB releases 2020 Annual Report and April 2022 NEWSletter

JD Supra Law

On March 30, 2022, the Minister of Health tabled the 2020 Annual Report of the Patented Medicine Prices Review Board (PMPRB). The 2020 Annual Report outlines the PMPRB’s mandate, structure and regulatory activities and contains analyses of pharmaceutical sales and pricing trends and research and development (R&D) expenditures. According to the 2020 Annual Report.

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Quinn Emanuel Client Hit With $160K In Fees In IP Fight

IP Law 360

A China-based client of Quinn Emanuel Urquhart & Sullivan LLP was ordered to cough up over $160,000 in legal fees after its defense in a copyright case ran afoul of California's anti-SLAPP statute.

IP 97
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Avoiding the Creative Commons Photography Trap

JD Supra Law

Between February and April 2022, a professional photographer from Cologne, Germany, filed nine copyright infringement lawsuits in U.S. federal courts. What makes the cases unique is that in each one, the defendant had a Creative Commons license to use the image for commercial purposes free of charge. Knowing the potential traps associated with these licenses and how they can arise may help your company avoid being the next defendant.

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Employers Now Obligated to Disclose Electronic Surveillance in the Workplace

Nelligan Law

Reading Time: 3 minutes Bill 88, the Working for Workers Act, 2022 , received royal assent on April 11, 2022. One of the most interesting changes to the law is the creation of a new employment standard aimed at ensuring employees are informed of electronic surveillance in the workplace. Bill 88 creates a new Part XI.1 of the Employment Standards Act, 2000 with provisions dedicated to this issue.

Copying 83
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On Sale Bar – Sales require Consideration, not necessarily Money Payment

Patently-O

by Dennis Crouch. On Sale Bar : The Federal Circuit’s recent decision in Sunoco Partners v. U.S. Venture (Fed. Cir. 2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Was the agreement an “offer to sell” and was it excused by the “experimental use” exception.

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The Law Bytes Podcast, Episode 127: Lucie Guibault on Canada’s Approach to Copyright Term Extension

Michael Geist

Last week, the government took another step toward copyright term extension in Canada, inserting extension provisions within Finance Minister Chrystia Freeland’s Budget Implementation Act bill. Despite recommendations from its own copyright review, students, teachers, librarians, and copyright experts to include a registration requirement for the additional 20 years of protection, the government chose to extend term without including protection to mitigate against the harms.

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Food & Drug Law writing competition for students

43(B)log

FDLI is a nonprofit member organization that has been providing education, training, publications, and professional engagement opportunities since it was founded in 1949. Each year, our organization hosts the H. Thomas Austern Writing Competition for law students interested in areas of the law impacting FDA-regulated industries. The 2022 competition is now open.

Law 72
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Breaking down the top semiconductor patent assertion campaigns of 2022

IAM Magazine

Data from Docket Navigator reveals that four of the five top plaintiffs asserting chip IP assets this year in the US are NPEs.

IP 86
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Coca-Cola Atty Gets Stuck At Fed. Circ. In Indian Soda TM Suit

IP Law 360

A Federal Circuit panel on Monday seemed irritated at a lawyer for Coca-Cola who struggled to present key evidence in defense of its trademark win against a smaller rival, which was stopped from selling its drinks in the U.S. with names of Coke brands sold in India.

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Bioinformatics – Eligibility Challenges for Inventions at the Intersection Of Biology and Software: Part 2

JD Supra Law

(Part 2 of a 4 Part Series) - The application of innovative data driven approaches such as bioinformatics and artificial intelligence to the life science sector has brought about a change in way that biological inventions can be protected by patent laws. This 4 Part Series examines eligibility challenges of filing and prosecution data driven innovations and provides practical tips for addressing some of these challenges. .

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Baker McKenzie, Skadden Rep $300M Embracer Games Buy

IP Law 360

Guided by Baker McKenzie, Embracer Group AB said Monday it's buying a group of game studios and back-catalog of intellectual property for $300 million from Skadden-led Square Enix Holdings Co. Ltd.

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Chanel reseller can't get summary judgment on whether it talked too much about Chanel

43(B)log

Chanel, Inc. v. WGACA, LLC, 2022 WL 902931, No. 18 Civ. 2253 (LLS) (S.D.N.Y. Mar. 28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. The court dismissed the GBL claims and held WGACA liable for infringing Chanel’s marks as to eleven non-Chanel handbags sold as having been authorized for sale by one Chanel factory, and o

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Vans Can Halt Sales Of Tyga's 'Wavy Baby' Shoes In TM Row

IP Law 360

Vans Inc. has persuaded a New York federal judge to temporarily block a Brooklyn art collective from selling rap artist Tyga's "Wavy Baby" sneakers as the companies fight over whether the sneakers are a parody and are protected by free speech.

Art 75
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Texas Patent Litigation Monthly Wrap-Up: April 2022

Fish & Richardson Trademark & Copyright Thoughts

This post summarizes two recent Texas District Court opinions regarding venue under 28 U.S.C. § 1400 et seq. Zilker Cloud Technologies, LLC v. RingCentral, Inc., No. 3:21-CV-2807 (NDTX Apr. 12, 2022) (Karen Gren Scholer). Plaintiff Zilkr Cloud sued RingCentral in the Northern District of Texas (“NDTX”) for the alleged infringement of four patents relating to IP-enabled telephony services. [1] RingCentral moved to dismiss on the grounds that venue was improper.

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How Law Firms Can Employ More Veterans

IP Law 360

Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

Law 75
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Attorney Code of Conduct Passes ‘Health Check’ with Flying Colours

LexBlog IP

The Trans-Tasman IP Attorneys Board (TTIPAB) has published a report, and its response, on a Health Check of the Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys 2018 [PDF, 2.05MB]. The Report was prepared by Professor Andrew Christie, who was commissioned by the Board to conduct the review, commencing in July 2021. The ‘health check’ covers not only the Code of Conduct , which is a statutory instrument by which all registered patent and trade marks attorneys are boun

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150 Years of Books With PW

Velocity of Content

A century and a half ago, the Metropolitan Museum of Art first opened in New York City in February. In November, American suffragist Susan B. Anthony cast her vote for US President and was promptly arrested. English composer Ralph Vaughan Williams was born. And Mary Somerville, the first female member of the Royal Astronomical Society, died. Also in 1872, American publishers wishing to keep booksellers and librarians informed of forthcoming titles began a new periodical, soon known as the Publi

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How to smoothly obtain a pharmaceutical patent in China?

JD Supra Law

As a large pharmaceutical consumer market, China's position in the pharmaceutical patents has been valued. Patents such as medical use, drug crystalline form and the like have been paid more attention as they play a great role in continuing the patent protection of the original drug.

Patent 52
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Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law

LexBlog IP

This morning, the Supreme Court called for the views of the Solicitor General on the pending petition for writ of certiorari in Abitron Austria GmbH v. Hetronic International, Inc. In Abitron , the Court of Appeals for the Tenth Circuit allowed the plaintiff trademark owner to recover damages not only for the defendants’ sales of infringing products in the U.S., but also for the defendants’ infringing sales outside the U.S. to non-U.S. customers.