Sat.Oct 01, 2022

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Proper Copyright Notice

Erik K Pelton

The following is an edited transcript of my video Proper Copyright Notice. While this podcast is predominantly about trademark issues, I do from time to time like to talk about other intellectual property issues, especially copyright issues. Today, I want to share what a proper copyright notice looks like, because I do get asked this quite frequently.

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Kat Von D, Think Before You Ink

IPilogue

Ariel Goldberg is a 1L JD Candidate at Osgoode Hall Law School. Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. Back on February 7, 2021, award-winning professional photographer Jeffrey B. Sedlik (“Sedlik”) filed a complaint in the U.

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DNS Providers as Piracy Fighters? Enforcement Groups Weigh Options

TorrentFreak

Given the extreme financial power and political leverage held by the world’s largest entertainment companies, most obstacles can be pushed aside or simply rolled over. But exceptions do exist. In the fight against piracy, not only do the smallest gains require an unusual effort but they’re increasingly dependent on the cooperation of third parties, usually those in the online tech sector.

Music 126
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IEEE Approves Pro-Patent Holder Policy Updates

IP Watchdog

On Friday afternoon, the IEEE Standards Association Board of Governors (IEEE SA BOG) announced they had taken action to update the Patent Policy for IEEE standards development. The updates, which will not go into effect until January 1, 2023, appear at first glance to be minimal, but will likely have an extraordinarily positive impact for patent owners.

Patent 124
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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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Toxic workplace behavior and employee burnout: Fix one, fix both

McKinsey Operations

Jerks at Work author Tessa West shares research and insights about the damaging effect of toxic behavior in the workplace and offers strategies for effectively coping with it.

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United States: USPTO Grants Registration of SCOTCH WHISKEY as Certification Mark

JD Supra Law

The United States Patent and Trademark Office (USPTO) has granted the application of the Scotch Whisky Association (SWA or Association) to register SCOTCH WHISKY as a certification mark for “whisky produced in Scotland according to specific standards.” Originally published in the INTA Bulletin, August 10, 2022. Please see full Document below for more information.

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[Audio] Machine Learning for Environments with Bad Actors

JD Supra Law

Machine learning is a powerful tool being used in countless industries and technologies. There are, however, “Bad Actors” who have attempted to exploit this technology in ways that aren’t ideal. Joining us is Birhanu Eshete, Assistant Professor of Computer Science at the University of Michigan-Dearborn. Birhanu is a researcher and educator with vast experience in trustworthy machine learning, cybercrime analysis, and cyber threat intelligence.

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WWE, Take-Two Must Pay $4K In First-Ever Tattoo IP Trial

IP Law 360

World Wrestling Entertainment Inc. and video game maker Take-Two Interactive Software Inc. must pay a tattoo artist nearly $4,000 after an Illinois federal jury Friday determined in a first-of-its-kind trial that the depiction of her tattoos on professional wrestler Randy Orton in a video game was not fair use of her copyrights.

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SawStop Holding LLC v. Vidal (Fed. Cir. 2022)

JD Supra Law

Earlier this month, the Federal Circuit affirmed the grant of summary judgment in favor of the U.S. Patent and Trademark Office by the U.S. District Court for the Eastern District of Virginia, finding that the USPTO did not err in its interpretations of 35 U.S.C. § 154(b)(1)(C)(iii) and did not violate the Administrative Procedure Act by refusing to award additional patent term adjustments for (C) delay for U.S.

Trademark 104
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The 5 Biggest Cases This Supreme Court Term

IP Law 360

The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch.

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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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Domain Name News: September 2022

JD Supra Law

This is the September edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover.

Editing 98
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How Well Do You Know Supreme Court History?

IP Law 360

As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10-question quiz about the court.

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Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part One of Three

JD Supra Law

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry.

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Keys To A 9-0 High Court Win: Practicality Over Perfection

IP Law 360

When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

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[Guest post] Archival Authenticity or Iconic Copies? Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim

The IPKat

The IPKat is delighted to host the contribution below by Katfriend Felicia Caponigri (IMT Alti Studi Lucca and Fashion by Felicia) on the IP implications of the recent and seemingly already iconic Dolce&Gabbana fashion show at the recent Milan Fashion Week. Here’s what Felicia writes: Archival Authenticity or Iconic Copies? Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion

Copying 97
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Patent case reassignments in Texas spark claims of ‘judge shopping’

IAM Magazine

Suits filed in Waco are moving between judges when they have dealt with the same plaintiffs and patents, swelling Albright’s docket following a random assignment order

Patent 98
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Suffolk University Law School IP Center, Fourth Annual Intellectual Property & Innovation Conference

43(B)log

Panel: Design Patents, moderated by Sarah Burstein, Suffolk University Law School, panelists include: Meredith Lowry, Partner, Wright Lindsey Jennings John Maltbie, Director of Intellectual Property, Civil Enforcement, Louis Vuitton Americas Darrell Motley, Shareholder, Banner Witcoff; Adjunct Professor of Law & Supervising Attorney for IP Clinic – Patents, Howard University School of Law Burstein: What role do design patents play in LV’s strategy?

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A three-part recipe for business growth in the consumer sector

McKinsey Operations

Matt Leeds, a partner at consumer-focused private-equity group L Catterton, details a trio of winning strategies for growth.

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No Signs Of Supreme Court's Conservatives Slowing Down

IP Law 360

Last Supreme Court term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests that this new supermajority has only just begun shifting the law to the right.

Law 75
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Tips for Avoiding Copyright Infringement

JD Supra Law

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen German software company Topalsson face a breach of contract claim from law firm CMS, Pfizer and BioNTech look for the cure to their patent woes in a claim against Moderna, and Alaska Airlines ready for departure in a commercial contracts claim against Virgin Aviation. Here, Law360 looks at these and other new claims in the U.K.

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The future of medtech sales is hybrid

McKinsey Operations

Top-performing medtech companies are using hybrid or end-to-end remote sales motions to better meet the needs of healthcare personnel and other stakeholders.

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5 Considerations In Preparing For EU's New Patent System

IP Law 360

With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

Patent 75
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Other Barks & Bites for Friday, September 30: CAFC Splits on Transfer Ruling; Chief Justice Roberts Stays CAFC Mandate in Gilenya Case; and TTAB Says No Mark Abandonment for Non-Use During Federal Sanctions Period

IP Watchdog

This week in Other Barks & Bites: Chief Justice Roberts of the U.S. Supreme Court signs an order staying the Federal Circuit’s mandate invalidating Novartis’ patent claims covering the MS treatment Gilenya; the U.S. Copyright Office issues a final rule simplifying remitter payment and deposit account requirements; the Federal Circuit denies a petition for mandamus relief to transfer a patent case out of Western Texas over Judge Lourie’s dissent regarding concerns over remote workers; the U.

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Law360's The Term: A New Normal For The Court?

IP Law 360

As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, the fallout from last term's Dobbs decision and its leaked draft is still reverberating. And while pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court.

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Patent Filings Roundup: Beer Bong Companies Clash; Crypto Company Sues Coinbase; Campaigns Spiral in Otherwise Quiet Week

IP Watchdog

District court and Patent Trial and Appeal Board (PTAB) filings were both down substantially this week, with 57 and 15, respectively, and 91 district court terminations. The drop-off of patent filings in the Western District of Texas has perhaps not been as pronounced as might be expected, though obviously most of those cases are being assigned to other judges there, or continuations of defendants being added to suits already within the Waco court’s jurisdiction.

Patent 59
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Remote Work and Patent Venue

Patently-O

by Dennis Crouch. In re Monolithic Power Systems, Inc., — F.4th — ( Fed. Cir. 2022 ). In a 2-1 decision, the Federal Circuit has denied Monolithic’s petition for writ of mandamus seeking to escape from Judge Albright W.D. Tex. courtroom for improper venue. Since MPS is a Delaware Corp., the only way venue is proper in W.D. Tex. is if it “has committed acts of infringement and has a regular and established place of business.” 28 U.S.C. § 1400(b).

Patent 65
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PTAB Statistics Through Eleven Months of FY2022

JD Supra Law

The institution rate for post-grant petitions in FY 2022 through the end of August 2022 (Oct. 1, 2021 through August 31, 2022) stands at 66% (706 instituted, 366 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a per-patent-challenged basis, rather than per-petition, the institution rate for FY 2022 so far is 69% (616 instituted, 271 denied).

Patent 57
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Author Talks: People, planet, profits, and …

McKinsey Operations

Simmons University President Lynn Perry Wooten refreshes the triple bottom line with a fourth pillar for leading through compounding crises.

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Inter Partes Review: Updated Guidance on Use of Applicant Admitted Prior Art

JD Supra Law

The U.S. Patent and Trademark Office issued updated guidance on acceptable uses of applicant admitted prior art (AAPA) in inter partes review (IPR) proceedings under 35 U.S.C. § 311.1 This guidance replaces the guidance previously issued on August 18, 2020.

Art 54
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Likelihood of peregrination – Minnesota CLE

Likelihood of Confusion

I’ve been ’round so long I don’t hardly even know what square is. I want to thank Minnesota CLE for having me on February 16, 2016. You can still watch it on video, The post Likelihood of peregrination – Minnesota CLE appeared first on LIKELIHOOD OF CONFUSION™.

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Judge Finds Wonderful Pistachios Packaging Not Distinctive

IP Law 360

A New York federal judge said Thursday the colors the company behind Wonderful Pistachios uses to package its nuts "are never inherently distinctive," dismissing without prejudice The Wonderful Co. LLC's trademark lawsuit.

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January 6 Committee Reports Arrive in Bookstores Soon

Velocity of Content

Several US trade book publishers have announced their publication plans for the official report of the United States House Select Committee on the January 6 Attack. Available in November, the editions include from Random House , with an introduction by Rep. Adam Schiff, and from Macmillan’s Celadon Books imprint, with a preface by New Yorker editor David Remnick.

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IEEE To Remove Injunction Limits In Essential Patent Policy

IP Law 360

The Institute of Electrical and Electronics Engineers on Friday announced that it will revise its policy on standard-essential patents to remove limits on the ability of patent owners to seek injunctions, rescinding provisions that had sparked years of legal and political wrangling.

Patent 52
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The Essential Purpose of the Short Form Copyright Assignment (Archive)

The IP Law Blog

In this archive episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo explain the importance of short-form copyright assignment agreements. Read more about this topic here. Listen to this episode here. .