Wed.Jun 15, 2022

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How Does the Supply Chain Impact the World of Trademarks?

Erik K Pelton

The following is an edited transcript of my video How Does the Supply Chain Impact the World of Trademarks? The news is full of stories lately the supply chain, trucking, store shelves, shipping, ports, customs, and all of these things that are currently providing challenges and backlogs throughout the supply chain. I challenged myself to think about how does the supply chain impact trademarks?

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How technology is shaping learning in higher education

McKinsey Operations

New McKinsey research shows that students and faculty are eager to continue using new classroom learning technologies adopted during the pandemic, but institutions could do more to support the shift.

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Trending Sources

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Why Restaurants Need Trademark Protection

Erik K Pelton

Of the thousands of trademark applications that Erik has helped file and protect over the years, more than 200 of them were for restaurant services. Unfortunately, many restaurants do not understand the value and significant importance of filing for trademark protection. In this episode, Erik explains the reasons and why restaurants should protect their trademarks.

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Quantum computing funding remains strong, but talent gap raises concern

McKinsey Operations

Our latest Quantum Technology Monitor shows industry interest remains strong, China is upping its game, and talent shortages require attention.

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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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Canadian Judge: Movie Company’s Piracy Evidence Just Not Good Enough

TorrentFreak

Among the many movie companies that have attempted to turn piracy into profit, Voltage Pictures and parent Voltage Holdings stand out among the most persistent. With ties to the shadowy piracy monitoring and settlement factory GuardaLey , Voltage is currently pursuing Virgin Media customers in the UK to retrieve cash while warning that something much worse could happen.

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Author Talks: The 15-year career is here

McKinsey Operations

Julien and Kiersten Saunders climbed the corporate ladder tirelessly until they discovered the FIRE movement. Now they’re on track to retire decades early as millionaires.

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Three new mandates for capturing a digital transformation’s full value

McKinsey Operations

Most organizations achieve less than one-third of the impact they expected from recent digital investments. What can companies learn from the best performers about how to beat the odds today?

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The importance of IP to US national security interests is finally being understood

IAM Magazine

At a recent event in Washington DC, it was clear that American policymakers and government officials are beginning to pay closer attention to the role that patents and other rights can play as key geopolitical assets. William New reports.

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Meta Accused Of Ignoring Scent Co.'s Infringement Reports

IP Law 360

Meta Platforms Inc. is facing a trademark suit in Missouri federal court for allegedly giving a fragrance company the cold shoulder when it reported infringing accounts on Facebook and Instagram.

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Would it be SMART to Tweak the DMCA?

Velocity of Content

1998 was a very long time ago, especially if considered on the time scale of American politics and governance. Bill Clinton was President, Rep. Newt Gingrich was Speaker of the House, and Trent Lott was Senate Majority Leader. William Rehnquist was Chief Justice. In mass media, Walt Disney Company, proprietor of “The Happiest Place on Earth” ®, had recently (1995) acquired the ABC television network, and Marvel was still mostly a comic book company, and just emerging from bankruptcy and reorgani

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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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Voluntary Nature of IPR Proceedings Forecloses Attorney’s Fees, According to District Court

JD Supra Law

A district court recently denied a motion for attorney’s fees under 35 U.S.C. § 285 where the defendant successfully invalidated each claim of the patent at issue during an inter partes review proceeding. The district court explained that, because the IPR was voluntarily initiated by the accused infringer, work completed during an IPR is not a patent infringement “case” for § 285 purposes.

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Amazon, Cartier Accuse Chinese Group of Counterfeit Scam

IP Law 360

Online retail giant Amazon.com Inc. and luxury jewelry maker Cartier International AG filed a pair of trademark infringement lawsuits in Washington federal court Wednesday, accusing a group of Chinese entities and a Handan, China-based social media influencer of running a sophisticated scheme to sell counterfeit Cartier jewelry online.

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System Prior Art Allowed at Trial Despite Arguments that Related Printed Publications Could Have Been Asserted in Parallel IPR Proceedings

JD Supra Law

In a recent order, the Eastern District of Texas declined to preclude a defendant from raising prior art system references despite patentee’s argument that similar printed publications could have been raised in earlier inter partes review (IPR) petitions. After plaintiff United Services Automobile Association (USAA) sued defendant PNC Bank N.A. for patent infringement, PNC filed IPR petitions against each of the six patents-in-suit, of which three were instituted by the Patent Trial and Appeal.

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How to Decide If A Name Is Too Risky For Your Business

azrights

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. And in the latest development of the dispute the High Court ruled that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding on Match Group’s coattails for undeserved gain. The dispute with Match has cost the founder, Shahzad Younas, an investment banker, over £1,000,000 to date.

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Opinions Without Law: Federal Circuit Mandamus Decisions on Transfer of Venue

Patently-O

Guest post by Paul R. Gugliuzza, Temple University Beasley School of Law; Jonas Anderson, American University Washington College of Law; and Jason Rantanen, University of Iowa College of Law. We’ve written here a few times about how the parties seeking Federal Circuit review use the writ of mandamus to get around the usual rule that only final, case-ending judgments can be appealed.

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Attorneys Kenneth Darby and Casey Kraning Author Westlaw Journal IP Article “Prior Art Stipulations, a Petitioner’s Tool for Addressing Fintiv Denials”

Fish & Richardson Trademark & Copyright Thoughts

Principal Kenneth Darby and Associate Casey Kraning discuss the PTAB’s precedential decision in Sotera Wireless, Inc. v. Masimo Corporation. PDF copy available. Prior Art Stipulations, a Petitioner’s Tool for Addressing Fintiv Denials. In December 2020, the Board designated as precedential Sotera Wireless, Inc. v. Masimo Corporation ,¹ a decision instituting inter partes review (IPR) despite arguments from the patent owner that proceedings at the Patent Trial and Appeal Board (PTAB) would

Art 88
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From Open Access to Open Science; as open as possible as closed as necessary?

The IPKat

The Commission Report on Open Science and Intellectual Property Rights was published in April 2022 (read it here ) According to the Commission, this report provides a critical analysis of the literature on the relation between Open Science (OS) and IPR protection and how they might live harmoniously, by scoping the statement ‘as open as possible, as closed as necessary’.

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Value creation in the metaverse

McKinsey Operations

With its potential to generate up to $5 trillion in value by 2030, the metaverse is too big for companies to ignore.

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U Mass v L’Oréal: Avoiding indefiniteness through claim construction

Patently-O

By Jason Rantanen. University of Massachusetts, Carmel Laboratories, LLC v. L’Oréal, S.A., L’Oréal USA, Inc. (Fed. Cir. 2022) – opinion. Panel: Prost, Mayer, Taranto (author). This opinion nominally addressing indefiniteness illustrates the power of de novo claim construction review at the Federal Circuit. UMass’s claimed invention is a topical skin care product containing adenosine that is applied to the skin.

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‘All I Want for Christmas’ Copyright Suit Is Probably More ‘Fantasy’ Than ‘Heartbreaker’

IP Watchdog

Headline-grabbing copyright infringement complaints are nothing new – especially recently. Robin Thicke, Ed Sheeran, and Dua Lipa have all faced copyright infringement lawsuits seeking eye-popping damages claims. At a quick glance, the $20 million lawsuit filed this month by Andy Stone against Mariah Carey, co-writer Walter Afanasieff, and Sony Music is just one more in a string of these cases.

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Cannabis Co. Sues NY Shop Over 'Uncle Bud's' Trademark

IP Law 360

The owner of Uncle Bud's Hemp is suing a Johnstown, New York, shop over the use of the name, saying the store is infringing on the "Uncle Bud's" trademark to confuse buyers and benefit from the goodwill associated with the name.

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McBummer: Thoughts on the McFamily of Trademarks McConcept

Likelihood of Confusion

I’ve written before about the odd cultural juxtaposition of McDonald’s and the Muslim world. It turns out I don’t know the half of it! Now McDonald’s has lost its effort. The post McBummer: Thoughts on the McFamily of Trademarks McConcept appeared first on LIKELIHOOD OF CONFUSION™.

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Apple Beats Wireless Tech Patent Infringement Suit

IP Law 360

Apple defeated a headphone company's claims that Airpods and Beats headphone products infringe a pair of its patents, after a California federal judge ruled Wednesday that the accused products don't employ the "unique user code" described in the patents.

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CAFC Reverses and Vacates Decision for L’Oréal, Finding District Court Claim Construction was Improper

IP Watchdog

On June 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed in part, vacated in part, and remanded a decision by the United States District Court for the District of Delaware relating to the University of Massachusetts’ (UMass’) suit against L’Oréal S.A. and its American subsidiary L’Oréal USA, Inc. (collectively, L’Oréal), alleging patent infringement of both U.S Patent No. 6,423,327 (the ‘327 patent) and U.S.

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Warner Bros. Wins Copyright Ruling Against Sports Charity

IP Law 360

A federal judge in California has permanently blocked a fitness-oriented charity group in suburban Connecticut from naming its "running clubs" after unlicensed references to the "Harry Potter" franchise and the TV show "Gilmore Girls.

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Value, speed, and scale: A new era for operations in Asia

McKinsey Operations

CEOs are embracing radical new approaches in business operations to rapidly scale growth. And Asia will be a dynamic proving ground.

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dueling SJ motions lose in energy drink case; jury will decide whether "Super Creatine" is "creatine"

43(B)log

Monster Energy Co. v. Vital Pharmaceuticals, Inc., 2022 WL 1599712, No. EDCV 18-1882 JGB (SHKx) (C.D. Cal. Apr. 19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.

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New IP finance play, Ukraine tribute, patent litigation trends and plenty more as IPBC Global 2022 comes to an end

IAM Magazine

Despite the close attentions of a tornado and the deadening heatwave that preceded and followed it, delegates and speakers in Chicago were in good form for the final day of this year's event.

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[Video] Kidon IP War Stories David Cohen & Doug Clark

JD Supra Law

Our next guest is Douglas Clark, Principal and Global Head of Dispute Resolution. Doug has practiced in Asia for close to 30 years. One might even say that he is the founding father or at the least a co-founding father of contentious IP disputes in East Asia. He is currently a solicitor advocate of the High Court of the Hong Kong SAR. Doug is a keen IP strategist and negotiator – and having witnessed this myself on both sides I can confirm it.

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The importance of IP to US national security interests is finally being understood

IAM Magazine

At a recent event in Washington DC, it was clear that American policymakers and government officials are beginning to pay closer attention to the role that patents and other rights can play as key geopolitical assets. William New reports.

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Microsoft Scores Win In Cloud Technology Trade Secrets Case

IP Law 360

Microsoft can escape most of a trade secrets lawsuit over its cloud-based technology after a Washington federal judge on Wednesday ruled that there was a valid licensing agreement between the parties involved in the dispute.

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World Elder Abuse Awareness Day

Nelligan Law

Reading Time: < 1 minute Today is World Elder Abuse Awareness Day (WEAAD), a time to recognize a global social issue that affects the health and human rights of millions of elderly people around the world. WEAAD was launched in 2006, and communities around the world use this day to raise the visibility of elder abuse, by sharing information about abuse and neglect, and promoting the resources and services that increase seniors’ safety and well-being.

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Colorado Law Restricts Use of Facial Recognition Technology by Government Agencies

LexBlog IP

Ramping up the state’s continued focus on data privacy, on June 8, 2022, Colorado Governor Jared Polis signed legislation aimed at limiting the use of facial recognition technology by government agencies and state institutions of higher education. The new law, SB 113 , requires an agency, defined as “an agency of the state government or of a local government; or a state institution of higher education,” that intends to “develop, procure, use or continue to use facial reco

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Issue 37: PTAB Trial Tracker

JD Supra Law

Expert Testimony Alone Insufficient to Show Examiner's Material Error in Considering Prior Art - In Nespresso USA, Inc. v. K-fee System GmbH, IPR2021-01222, Paper 9, at 25 (PTAB Jan. 18, 2022), the Board denied institution under 35 U.S.C. § 325(d), rejecting Petitioner’s argument that “the examiner erred by allowing the challenged claims to issue ‘without comment and without considering the art in this petition.’”.

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Do we recommend PCT patent applications?

Patent Trademark Blog

Does our firm recommend PCT patent applications? If foreign utility patent protection is desired, filing a PCT patent application makes sense for many applicants. Generally, we recommend PCT applications if you: need more time; want to defer legal costs; and/or wish to keep open the option to file in major foreign countries. Keep in mind that these foreign filing options are all about keeping your earliest US filing date, known as the priority date.