Wed.Sep 07, 2022

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Pickleball: A Boom in Trademark Filings

Erik K Pelton

The game of pickleball has become the fastest growing sport in the US and trademark filings at the USPTO are a proof of that. Businesses recognize that the trademark records of the USPTO really are a microcosm of the overall economy and a great source of research and knowledge. Find out more in this episode. The post Pickleball: A Boom in Trademark Filings appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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Reducing food loss: What grocery retailers and manufacturers can do

McKinsey Operations

An estimated $600 billion worth of food is lost during or just after harvest. Can manufacturers and grocers do anything about it? Definitely—and it will be good for business, people, and the planet.

Business 145
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Trending Sources

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Verizon Must Disconnect Pirates & Block Pirate Sites, New Lawsuit Demands

TorrentFreak

Efforts to hold internet service providers in the United States accountable for the piracy activities of their subscribers are gaining momentum. In 2019, Cox Communications was ordered to pay a billion dollars in damages to record labels. The decision is being appealed by Cox, but it set the stage for similar lawsuits, including a new complaint reported just yesterday targeting AT&T.

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The future of payments in Africa

McKinsey Operations

Innovations, entrepreneurs, and capital are reshaping Africa’s fast-growing electronic-payments landscape with solutions for consumers and businesses alike.

Business 137
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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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$0.50 Per Month Pirate IPTV Packages Hit By beIN Emergency Injunction

TorrentFreak

As the battle against pirate IPTV services continues, beIN Media Group today announced early success in new legal action. The sports broadcaster says that after filing an application for an emergency injunction in Tunisia, local electronics retailer MyTek is no longer allowed to sell IPTV products carrying pirated beIN channels. The injunction is temporary, pending a full hearing on the merits of the case.

Branding 116
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This Week in Washington IP: Oversight of the U.S. Copyright Office, Public/Private Collaboration for Quantum Computing Innovation, and Technology for Reducing Food Waste

IP Watchdog

This week in Washington IP news, the Senate IP Subcommittee hosts a hearing Wednesday afternoon to provide oversight of the U.S. Copyright Office, focusing on modernization efforts and technology updates. Elsewhere, the Center for Strategic & International Studies hosts events on encouraging public and private collaboration for improving developments in quantum computing technology, as well as technological developments in the agricultural and food production industries that can mitigate wa

More Trending

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Petitioner Pushes Back on Texas AG’s Arguments in Plea to High Court to Review Copyright Takings Case Against Texas A&M

IP Watchdog

The petitioner in a case challenging the U.S. Court of Appeals for the Fifth Circuit’s ruling that affirmed a Texas court’s dismissal of copyright claims over Texas A&M’s unauthorized reproduction of portions of his manuscript filed a reply brief Monday, arguing that the opposition provides “no escape hatch… for states’ particularly egregious intellectual property violations.

Copyright 106
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Jack Daniel's Seeks Supreme Court Review of Ninth Circuit's "Bad Spaniels" Ruling.

The TTABlog

The Petition for Writ of Certiorari filed by Jack Daniel's in the "Bad Spaniels" case is worth a read. [pdf here ]. The Appendix may be found here. A response is due on or before September 16, 2022. Jack Daniel's states the "questions presented" as follow: QUESTIONS PRESENTED Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of famous companies such as petitioner Jack Daniel’s Properties, Inc.

Trademark 138
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USPTO News Briefs - September 2022

JD Supra Law

USPTO Launches Webpage on PTE Applications and Patent Terms Extended under 35 U.S.C. § 156 - In a Patent Alert email distributed to stakeholders last week, the U.S. Patent and Trademark Office announced the launch of a new webpage providing information regarding applications for patent term extension (PTE) that have been filed within the past five years and patent terms that have been extended under 35 U.S.C. § 156.

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11th Circ. Undoes $1.4M Win In Rap Song Copyright Suit

IP Law 360

The Eleventh Circuit has reversed a lower court's decision to grant a $1.4 million default award to rapper Rackboy Cam in his copyright suit alleging a musician and producer lifted his song to create the chart-topping hit "Everyday We Lit," determining Wednesday that one of the defendants was not properly served with the amended complaint.

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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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Virtual goods and NFTs – IP protection of digital assets in gaming, social media and the metaverse

JD Supra Law

Digital assets and NFTs being all the rage, the European Union Intellectual Property Office (EUIPO) is increasingly receiving trademark applications covering virtual goods and NFTs, the regulatory classification of which is one of the many new questions posed in the digital age where reality is increasingly mirrored by, and interwoven with, virtual reality.

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Game Developer Lodges IP Suit Over Mafia-Themed NFTs

IP Law 360

A Korean online role-playing game maker went to a federal court in Seattle on Wednesday with accusations that a Romanian developer it hired decided to repurpose the idea of a mafia video game universe to generate related nonfungible tokens that have already sold for over $3 million.

IP 98
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FDA Approves Lucentis® Interchangeable Biosimilar

JD Supra Law

On August 2nd, Coherus Biosciences announced FDA approval for its Cimerli™ (ranibizumab-eqrn) product, as an interchangeable biosimilar to Genentech/Roche's Lucentis® (ranibizumab). This biologic drug is a vascular endothelial growth factor (VEGF) inhibitor having five approved indications for Lucentis.

98
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An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC)

Technology & Marketing Law Blog

I did a media interview regarding AB 2273 that I thought was worth sharing here. For more on the bill, see my prior coverage: Op-ed. Explainer. Deep dive. Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? Not much. The UK’s regulatory environment differs dramatically from the US. Two key differences.

Designs 91
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Is It Ever Too Late To Be Rule 36’d?

JD Supra Law

Those that regularly practice before the Court know about Rule 36s. We’ve written about them before. It’s a one-line per curiam decision that generally comes a few days after oral argument.

97
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Investing in—and with—Black consumers in financial services

McKinsey Operations

Financial-services companies—specifically in banking and insurance—have an opportunity to address equity and gain commercial benefits by better serving Black consumers.

99
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Jill Lewis on CTV’s Ask the Expert: Aggressive customers and workplace safety

Nelligan Law

Reading Time: < 1 minute. Between pandemic shutdowns and staff shortages, some service employees are encountering more frustrated patrons than ever before. What are employee rights when it comes to dealing with aggressive customers, particularly if they feel unsafe in an interaction? Watch as Jill Lewis joins CTV’s Ask the Expert to answer viewer questions about employee rights and employer responsibilities when it comes to aggressive customers in the workplace.

Law 83
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Tracking public-health outcomes across the United States

McKinsey Operations

Explore health outcomes, access to care, and health risks management with the United States of Health Dashboard.

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Let’s Do Something About the Unauthorized Doctrine of Non-Statutory Judicially Created Obviousness-Type Double Patenting

IP Watchdog

In a June 20, 2022, article on IPWatchdog, I addressed a portion of the June 8, 2022, letter from Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun to U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal requesting the USPTO to issue a notice of rulemaking or request for comments in the Federal Register by September 1, 2022, on curbing continuation practice as a means to address “patent thickets.

Patent 76
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How to win in the Gulf’s dynamic consumer and retail sectors

McKinsey Operations

New patterns of consumer demand are emerging in the Middle East. To align with these shifts and remain competitive, consumer companies can focus on two priority areas: expanding into new adjacencies and developing personalized offerings.

80
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Apple Tells High Court To Nix Estoppel Patent Ruling

IP Law 360

Apple and Broadcom want the U.S. Supreme Court to review a decision from the Federal Circuit that allegedly broadened what arguments are prevented in district court litigation following a Patent Trial and Appeal Board review, calling the circuit court's decision "erroneous.

Patent 75
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Logistics Disruptors: Motive’s Shoaib Makani on AI and automation

McKinsey Operations

Motive has expanded beyond its roots in trucking to serve a panoply of industries. How does it use AI-driven automation to solve problems ranging from driver safety to building security?

80
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GE Banned From Selling Wind Turbines Infringing Siemens' IP

IP Law 360

A Massachusetts federal judge issued a permanent injunction on Wednesday barring General Electric Co. from selling Haliade-X wind turbines that a jury found infringed a Siemens' patent, but allowed the company to produce turbines that have already been ordered to complete state-sponsored wind projects in New Jersey and Massachusetts.

IP 75
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First Circuit Affirms Dismissal of Trade Secret Claims Under Forum Selection Clause But Allows Amended Claims Against U.S. Subsidiary

IP Watchdog

On September 2, the U.S. Court of Appeals for the First Circuit issued a decision in Amyndas Pharmaceuticals, S.A. v. Zealand Pharma AS affirming the District of Massachusetts’ decision to dismiss trade secret misappropriation claims between former drug development partners. However, the First Circuit found that the district court abused its discretion in denying Amyndas’ motion to file an amended complaint and vacated the dismissal of trade secret claims against Zealand’s U.S. subsidiary.

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Lone Conviction Stands In ADI Trade Secret Theft Case

IP Law 360

A former Analog Devices Inc. engineer on Wednesday lost a bid to erase his lone conviction for allegedly stealing a prototype computer chip from his former employer to kickstart his own side business after a jury rejected 11 other counts brought by prosecutors.

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Musical Chairs and Corporate Love Triangles

Patently-O

Amyndas Pharm., S.A. v. Zealand Pharma A/S , 21-1781, — F.4th — (1st Cir. Sept. 2, 2022) [ Decision ]. The First Circuit appellate court described this case as a game of “musical chairs” When the music stopped “one firm [was] left out in the cold.” I might think of it as a pair of ongoing secret love affairs that finally resulted in a jilted lover.

Music 58
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'Dallas Buyers Club' Cos. Sue AT&T, Verizon Over BitTorrents

IP Law 360

The film production companies behind "Dallas Buyers Club" and other movies filed separate copyright infringement suits against AT&T in Texas and Verizon in New York, alleging the telecom giants profit from piracy by allowing their internet service customers to illegally download films using BitTorrent peer-to-peer software.

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Need Advice on Landing the Perfect Artist Residency?

Art Law Journal

An artist residency is a great opportunity to spend dedicated time on your work as well as to meet new artists. Read about the key factors to consider and hear from artists who have completed residencies to help you find — and get accepted — the perfect one for you.

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Pornhub Owner Loses Challenge To Interactive Video Patent

IP Law 360

The Patent Trial and Appeal Board has refused to invalidate an interactive video distribution patent that was challenged by the company that runs the website Pornhub, saying the challenger fell short on showing the challenged claims were obvious.

Patent 74
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An unwelcome bend in jurisprudence for patent composition claims?

IAM Magazine

A recent judgment from the Delhi High Court emphasises procedural irregularities and denial of principles of natural justice resulting from the controller issuing a non-speaking order in a case involving non-patentable subject matter.

Patent 52
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Fashion Industry – Trademark and Trade Dress Protection

Kashishipr

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

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Why the United States urgently needs patent subject-matter eligibility reform

IAM Magazine

The law is in a state of disarray that has led to inconsistent case decisions, deep uncertainty in the innovative, investment and legal communities, and unpredictable outcomes in prosecution and litigation. David Kappos, Paul Michel, Corey Salsberg and Matthew Dowd argue that the United States' legislators must act to ensure the country maintains its long-standing competitive edge in the global in.

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Blue Ocean Law Group ? Independently Ranked as 1 of the Best Law Firms in Sydney [2020-2022] by FirmChecker R.I.P.

LexBlog IP

This article attempts to salvage Blue Ocean Law Group’s hard-earned reputation as being Independently Ranked as 1 of the Best Law Firms in Sydney after the recent collapse of the respected and independent Online Review Platform FirmChecker (together with their website). Consequently, we now need to redirect + explain to our existing + prospective clients why they have not arrived at the Firmchecker website.

Law 52
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VPX Exec Tells Jury 'Super Creatine' Effects Were Not Studied

IP Law 360

The top scientist at Vital Pharmaceuticals Inc. and co-inventor of Bang energy drink's super creatine on Wednesday told a California federal jury hearing false advertising claims brought by Monster Energy Co. that he previously stated under oath there are no scientific studies that find the ingredient creates positive effects in humans.

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Prosecution Pointer 345

LexBlog IP

WIPO maintains listings of intellectual property Offices’ closed dates that are furnished yearly by the respective Offices. They are then expanded and updated with subsequent information received by the International Bureau. A link can be found here to the site. Read more.