Tue.Dec 20, 2022

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Top Trademark Trends of 2022

Erik K Pelton

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. It also saw the biggest procedural change to the USPTO application process in decades. Here are the biggest trademark stories of 2022 that we have been following at EMP&A.

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Generative AI is here: How tools like ChatGPT could change your business

McKinsey Operations

Generative AI and other foundation models are changing the AI game, taking assistive technology to a new level, reducing application development time, and bringing powerful capabilities to nontechnical users.

Business 145
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New Global IPTV Anti-Piracy Coalition Takes on ‘Extremely Dynamic’ Providers

TorrentFreak

When the Alliance for Creativity and Entertainment launched in 2017 it signaled a new approach to anti-piracy enforcement. Rather than acting in isolation, ACE members pooled their resources, and today the results speak for themselves. Hundreds of sites have either been shut down or disrupted in the last five years, and new casualties are recorded every month, mostly every week.

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The secret to great health? Escaping the healthcare matrix

McKinsey Operations

The blueprint to achieve a lifetime of great health is increasingly clear and within our control. But unlocking it requires challenging the orthodoxies currently guiding individuals and institutions.

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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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Smart Wallets and Measuring Credibility of the Prior Art

Patently-O

by Dennis Crouch. “Smart wallets” are growing in popularity. I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. What should I call them now?

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The future of banks: A $20 trillion breakup opportunity

McKinsey Operations

Banking is radically transforming. Many banks can thrive by fundamentally changing the way that financial services are embedded into daily life.

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More Trending

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GTA Cheat Developer Must Pay AU$130,000 for Copyright Infringement

TorrentFreak

In recent years, game companies have filed copyright infringement lawsuits against alleged cheaters, cheat makers, and sellers. GTA V developer Rockstar Games and its parent company Take-Two Interactive were among the first to go down this path four years ago. Infamous Lawsuit. In 2018, the game companies filed a lawsuit in Australia , targeting several people believed to be linked to the popular “Infamous” cheating mod.

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Music Copyright Cases Musicians Should Know

Copyright Alliance

Music has changed over the years. From the earliest Gregorian Chant to classical works by Beethoven and Mozart, and from the early days of rock and roll to current hip […]. The post Music Copyright Cases Musicians Should Know appeared first on Copyright Alliance.

Music 110
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SUPER HERO® my foot

Likelihood of Confusion

UPDATE: Our NPR interview on this topic was on NPR’s “All Things Considered” just before 6 tonight. We blogged on this topic last week. Today the LA Times weighs in, The post SUPER HERO® my foot appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 105
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European Unitary Patent and Unified Patent Court: Delayed but Still Arriving in 2023

JD Supra Law

The European (EP) patent landscape will shift in 2023 with the launch of the unitary patent system, consisting of unitary patents and a Unitary Patent Court. All current EP patent right holders now have a decision with regard to existing EP applications and patents to participate in the unitary patent system or to opt out.

Patent 98
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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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4 Updates From IP Leadership You Should Know About

IP Law 360

The U.S. Patent and Trademark Office and the Library of Congress have named new key leaders over the last week, as well as issued updates on a study of nonfungible tokens and practicing at the Copyright Claims Board. Here's what you need to know.

IP 98
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Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference

JD Supra Law

Finjan LLC v. ESET, LLC, Appeal No. 2021-2093 (Fed. Cir. 2022). The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference.

Patent 98
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Cohabitation agreements and marriage contracts

Nelligan Law

Reading Time: < 1 minute. Rebekah Schultz on CTV's Ask the Expert. What’s the difference between a cohabitation agreement and marriage contract? What happens to our shared assets like our house and car if we separate without these legal documents? Watch as Rebekah Schultz explains the ins and outs of cohabitation agreements and marriage contracts.

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AI Trends For 2023 - Generative AI In The Spotlight

JD Supra Law

Technology companies, researchers, content creators, and lawmakers will continue to grapple with the thorny copyright issues related to artificial intelligence (AI) and algorithmic outputs. In 2023, we expect to see continued litigation and policy discussions regarding the following topics.

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Should Copyrights, like Trademarks, Never Expire? – An Angry Author Offers a Convincing Argument

IP Close Up

Mark Helprin is a successful novelist. He is also on a mission to keep the content he and others create out of the public domain. Continue reading.

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JPM2023 Trendspotting: driving growth through collaboration

JD Supra Law

As the industry readies itself for the January 2023 pilgrimage to the J.P. Morgan Healthcare Conference (JPM) and Biotech Showcase in San Francisco, our market-leading life sciences and health care industry team has prepared a series of updates that we hope will help strategically guide your 2023 partnering and investment decisions. Caution remains a strong theme in the current market downturn.

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Author Talks: Peter Fader and Michael Ross share their playbook for customer centricity

McKinsey Operations

When is the last time you took stock of your customer base? Two marketing and data experts say it’s due for a systematic review.

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The Van of Nerds in France—Internal Logistics in Well Exploration and Military Products

Christopher Roser

This post looks at two plants we visited during our Van of Nerds tour in France in 2022. Both plants are in areas in which I have little experience. The first one was SLB, specializing in sensors for oil field exploration. The second one was the Thales Group, where we visited the location manufacturing military. Read more. The post The Van of Nerds in France—Internal Logistics in Well Exploration and Military Products first appeared on AllAboutLean.com.

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Fleet decarbonization: Operationalizing the transition

McKinsey Operations

Fleet operators are under pressure to transition to greener business models. A strategic approach can help ensure that they optimize costs and engage effectively with new technologies.

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Bella Hadid Faces Second IP Suit Over Instagram Photo

IP Law 360

Just a week after a French photo agency hit supermodel Bella Hadid with a copyright suit over an image of herself on social media platform Instagram, a New York photographer lodged his own infringement suit Tuesday over a different image posted by the model.

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BEVolution of luxury vehicles: How customer preferences are changing the luxury vehicle market

McKinsey Operations

New McKinsey insights shed light on customer trends and preferences in the luxury-vehicle segment and resulting implications for OEMs.

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The Future Of Legal Ops: AI Has Important Role To Play

IP Law 360

Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

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The Top U.S. FRAND / RAND Licensing Developments of 2022: Policy Statements, Patent Pools and IEEE Changes

IP Watchdog

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space. In 2022, the most progress was made on matters and issues we wrote about last year: i.e. government policy developments, Continental v.

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11th Circ. Ruling Rendered DMCA 'Toothless,' Justices Told

IP Law 360

A photographer who accused a hospitality tech company of removing copyright metadata from his photos before using them on travel websites has taken his case to the U.S. Supreme Court, arguing that a ruling against him "renders toothless" the Digital Millennium Copyright Act.

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Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

JD Supra Law

III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB infringement, it is also a common problem for right holders to prove patent infringement.

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Yuga Labs NFT Trademark Suit Can Move Forward

IP Law 360

Yuga Labs can move forward with its lawsuit against an artist accused of copying and selling images that are part of the Bored Ape Yacht Club nonfungible tokens, after a New York federal judge determined that a free speech test doesn't apply to the artist's products.

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Copyright Protection of Photographs: a Comparative Analysis Between France, Germany and Italy

Kluwer Copyright Blog

Photo by Soragrit Wongsa on Unsplash. This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall

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Arnold & Porter To Promote 12 Partners, Nine Counsel In 2023

IP Law 360

Arnold & Porter will promote 12 attorneys to partner and a range of other attorneys to new roles in 2023, the firm announced Monday.

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Disclaimers Cannot Be Used Intra Proceeding for Claim Construction, Only in Subsequent Proceedings

JD Supra Law

The Federal Circuit recently held that a Patent Owner could not use disclaimers argued in an IPR proceeding for claim construction within the same IPR proceeding. In CUPP Computing AS v. Trend Micro Inc., Case 20-2262, Judge Dyk, writing for Taranto and Stark, the Federal Circuit affirmed the PTAB’s construction of “systems and methods for waking a mobile device from a power-saving mode and then performing security operations on the device” leading to invalidity because (1) Patent Owner’s.

Patent 55
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Will AI Chatbots Make Patent Attorneys Obsolete? (No, They Won’t)

LexBlog IP

If you have any interest at all in technology, and possibly even if you do not, it is very likely that over the past few weeks you have read or heard something about OpenAI’s ChatGPT chatbot, which was released for public testing on 30 November 2022. OpenAI describes itself as ‘an AI research and deployment company’ with a mission ‘to ensure that artificial general intelligence benefits all of humanity.’ It counts Microsoft as a major sponsor, to the tune of a US$1

Patent 52
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[Audio] A Very Merry Trademark Battle

JD Supra Law

In 2021, Mariah Carey’s company Lotion LLC applied to register the trademark “Queen of Christmas” for future use on a vast range of products, including music, perfume, sunglasses and coconut milk. Elizabeth Chan, a singer and songwriter who exclusively writes and sings holiday music, filed an opposition to block Carey’s registration in August 2022. Chan herself had been dubbed the “Queen of Christmas” by the media in 2014 and has embraced and used the title ever since, including publishing a.

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Prosecution Pointer 360

LexBlog IP

Amendments to drawings filed after allowance are entered by the USPTO’s Office of Publications. If such amendment is forwarded to an examiner, the examiner should forward or return the application to the Office of Publications. The examiner should not deny entry of any drawing submission that includes only formal changes. Read more.

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Copyright Infringement in edited photographs

Biswajit Sarkar Copyright Blog

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. The author of an artistic work, in case of a photograph, is the author who has originally captured the photograph, and is deemed to be the original owner of the photograph and thereby made the holder of copyright. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic work

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Treasure Hunter Denied Coverage For $7.5M IP Award

IP Law 360

A Washington federal judge rejected a treasure hunter's request to have an insurer cover a $7.5 million judgment he won against his former business partner in an intellectual property lawsuit over a stalled expedition, finding that the underlying award was not the result of an accidental "occurrence.

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Court Ruling Simplifies Service Upon Foreign Trademark Infringers

JD Supra Law

Enforcing trademark rights against an overseas defendant can be a lengthy and expensive process. But a recent ruling may make serving legal papers upon a foreign-domiciled infringer easier (and less expensive) when the infringer owns United States trademark registrations or applications so long as the action relates to those registrations.