Fri.Sep 17, 2021

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Art meets crypto – traditional copyright issues in a tokenized world

JD Supra Law

Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods. Traditional auction houses have already started leveraging the technology, with one piece of digital artwork being sold for $69 million on Christie’s, and a visualization of the source code for the internet being sold for $5 million on Sotheby’s.

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Yout Files Refocused Lawsuit Against RIAA to Have YouTube-Ripping Service Declared Legal

TorrentFreak

In 2020, the RIAA attempted to have YouTube-ripping tool youtube-dl removed from Github and in the wake of that, YouTube-ripping service Yout filed a preemptive lawsuit against the RIAA. Yout said that the RIAA’s earlier efforts to have its homepage delisted by Google , on the basis that Yout circumvented YouTube’s ‘rolling cipher’ technology, were wrongful and damaging to its business.

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Video Gaming / E-Gaming Law Update – September 2021

JD Supra Law

Main Quest - ‘Mint’ Conditions: NFTs and Video Games - Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly common way for creators and rights holders to market digital goods. Between high-profile NFT-related projects and a slew of entertainment companies, sports leagues, music labels and video game developers getting involved, 2021 has seen a massive rise in the popularity of the.

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RIAA and Rightscorp Counter Renewed ‘False and Fraudulent’ DMCA Notice Claims

TorrentFreak

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. In the past such drastic action was rare but, backed by several court orders, ISPs are increasingly being held to this standard. Music Companies sued RCN. Internet provider RCN is also under legal pressure. Two years ago, the company was sued by several major music industry companies including Arista Records, Sony Music Entertainment, Universal Music, and Warner Records.

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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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The Effect of Proposed Legislative Reform at the ITC

JD Supra Law

Last week, for the second time in two years, members of the House of Representatives proposed legislation limiting the ability of certain entities to file complaints for unfair trade practices at the U.S. International Trade Commission (“ITC”). First introduced in August 14, 2020 as H.R. 8037, the reintroduced Bill, named the “Advancing America’s Interests Act” (“AAIA”)(H.R. 5184) seeks to amend several key provisions of Section 337 (of the Tariff Act of 1930), the ITC’s enabling statute.

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A Brief Recent History of Nike’s Trademark Battles

IPilogue

Photo from Nike. Alexandria Lewis & Ian Rothweiler are JD Candidates at Southwestern Law School. This article was originally written as a requirement for Victoria Burke and John Begakis’ course on Fashion Law. Trademark Infringement / Anti-Dilution – Nike v Warren Lotas. Warren Lotas partnered with Jeff Staple to “reinterpret” Staple’s original 2005 collaboration with Nike on the classic Nike Dunk shoe.

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Last Week in the Federal Circuit (September 6-10): The (Un)Enforceability Of Arbitration Agreements At The PTAB

JD Supra Law

The Federal Circuit issued just one precedential opinion the week of Labor Day (along with several non-precedential opinions and Rule 36 judgments). But it’s an interesting one, addressing the interplay between arbitration agreements and nonappealability of decisions to institute inter partes review. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest. .

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San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here. .

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CAFC: Nearly Identical Reference is Prior Art

JD Supra Law

In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that is not often appealed—whether the Petitioner had authenticated a submitted prior art reference. .

Art 101
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It’s time for a new approach to codec licensing

IAM Magazine

Saturday Opinion: IP and licensing failures are holding back adoption of superior technologies, argues Marconi’s Micky Minhas.

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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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Constitution Day and Copyright

Velocity of Content

Since 2004, Constitution and Citizenship Day has celebrated the birth — and endurance — of the U.S. Constitution. Commemorated on the anniversary of the final signing of the Constitution, this day serves as a reminder of the resilience and strength of many of the important founding principles of the country. The list of Constitutional accomplishments is long and storied and, today, I want to take a moment to reflect on one of the ideals embodied in the Constitution’s first Article.

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What Is an LLC Operating Agreement? + What to Include in One

Legal Zoom

An operating agreement states the framework of an LLC, from who runs it to how it can grow. Learn more about operating agreements in this comprehensive guide.

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Understanding the Relevance of IPR in the Fashion Industry

IP and Legal Filings

The intersection of fashion and IPR. Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S dollars in the USA.

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NFT License Breakdown: Exploring Different Marketplaces and Associated License Issues

JD Supra Law

At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed.

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VIASAT is Seeking a Patent Attorney for its Office in Carlsbad, CA

IP Watchdog

We’re looking for passionate, innovative professionals to join our team and connect the world to more. You’ll work in a collaborative and inclusive environment that values diverse perspectives and continuous learning and provides industry-leading benefits with unmatched opportunities for career growth. Our team is fearless in pursuit of new ideas and uncompromising in our quest to become the world’s first truly global Internet Service Provider.

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Brand Battles: Microsoft Strikes Back At 'Rise of Empires'

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Microsoft is trying to block a Hong Kong rival from getting a trademark on a Rise of Empires video game, citing the tech giant's own popular Age of Empires game franchise — plus four other cases you need to know about.

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Other Barks & Bites for Friday, September 17: FTC Report Finds Big Tech Acquisitions Underreported, ITC Appoints OUII Investigative Attorney as Judge, and Hughes Dissents from CAFC’s Damages Remand in Omega Patents Case

IP Watchdog

This week in Other Barks & Bites: IPWatchdog LIVE brought together thought leaders from the IP industry and major keynote speakers, including Judge Albright, Qualcomm’s Mark Snyder and Former Assistant AG for Antitrust Makan Delrahim; a report from the Federal Trade Commission finds dozens of Big Tech acquisitions during the 2010s were not reported under the Hart-Scott-Rodino (HSR) Act; the Second Circuit confirms that plaintiffs hold the burden of persuasion to prove likelihood of confusio

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Justice Gap Demands Look At New Legal Service Models

IP Law 360

Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

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The Proposed New EU Regulatory Regime for Artificial Intelligence (AI)

LexBlog IP

In April 2021, the EU Commission (EC) proposed a suite of new legislative and non-legislative proposals related to artificial intelligence: in a proposed Regulation laying down rules on Artificial Intelligence (“Artificial Intelligence Act – AIA”), the EC attempts the first-ever comprehensive legal framework for this highly debated and fast-developing family of technologies.

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Instagram Beats Photo Embedding Copyright Suit

IP Law 360

A California judge nixed a copyright suit from a pair of photographers who claimed that Instagram shouldn't allow websites to easily post embedded photos, ruling Thursday that the websites aren't liable for direct infringement and so the social media giant isn't on the hook for secondary infringement.

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TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Answer will be found in the first comment. In re UDP Labs, Inc. , Serial No. 88573702 (September 8, 2021) [not precedential] (Opinion by Judge Peter W. Cataldo). [Mere descriptiveness refusal of BED METRICS (in standard characters, METRICS disclaimed) for "Computer hardware; downloadable computer software for the collection, processing, analysis, m

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3rd Circ. Preview: Antitrust, Defamation Suits Kick Off Fall

IP Law 360

The Third Circuit will begin autumn by weighing antitrust matters involving Merck Sharp & Dohme Corp.'s bid to arbitrate claims that doctors overpaid for rotavirus vaccines and an airport restaurant subleasing company's resistance to a Pepsi-only sales rule.

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The Proposed New EU Regulatory Regime for Artificial Intelligence (AI)

IP Tech Blog

In April 2021, the EU Commission (EC) proposed a suite of new legislative and non-legislative proposals related to artificial intelligence: in a proposed Regulation laying down rules on Artificial Intelligence (“Artificial Intelligence Act – AIA”), the EC attempts the first-ever comprehensive legal framework for this highly debated and fast-developing family of technologies.

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A Decade of Podcasting

Velocity of Content

Recorded on LinkedIn Live, this week’s show celebrates ten years of CCC podcasts with Publishers Weekly. PW senior writer Andrew Albanese looks back with CCC on a decade of publishing, technology, copyright & more. A Decade of Podcasting. “We’ve talked about hundreds of stories and issues over a decade of podcasts, but one of the things that has always stood out to me are the court battles,” Kenneally notes.

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[Audio] Podcast: The Briefing by the IP Law Blog - San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

JD Supra Law

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc.

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Mandated Monitoring Attempts to “Hook” Charter Boat Captains 24/7

LexBlog IP

A group of charter boat captains are making waves by challenging NOAA Fisheries plan to monitor charter boats in the Gulf of Mexico. Last July, NOAA Fisheries issued a mandate requiring charter boats to allow federal agencies to monitor 24-hour GPS devices on their boats. The rule, which has since been delayed would affect an estimated 1,700 charter boat captains, including many in Lee County.

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Ongoing Strife Between Studios and Talent Continues as Christopher Nolan Ends Nearly Two-Decade-Long Relationship With Warner Bros.

JD Supra Law

- Esteemed filmmaker Christopher Nolan’s decision to leave his 19-year-long relationship with Warner Bros. for Universal to make his next film (about Robert Oppenheimer and the creation of an atomic bomb) continues to highlight the strife between studios and talent. Nolan and Warner Bros. had been clashing over ongoing issues, including disagreements over his contract, his entire 2021 slate being released simultaneously on HBO Max during the height of the pandemic, and release plans for “Tenet.”

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Wisk Aero LLC v. Archer Aviation Inc.: A High Profile Trade Secrets Case Shows the Limits of Circumstantial Evidence

LexBlog IP

You would think that evidence of the improper downloading of 5,000 files by a former employee who then invokes his Fifth Amendment privilege against self-incrimination, coupled with the remarkable similarity between inventions (see the picture alongside) would be enough to demonstrate circumstantial evidence of the misappropriation of trade secrets.

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Second Circuit Puts the Focus on Search-Term Restrictions in 1-800 Contacts Decision - Kattison Avenue Fall 2021 | Issue 7

JD Supra Law

Advertising on the Internet is big business. It can also be cutthroat. One way companies market their goods and services online is via “search advertising.” When an online shopper uses a search engine, the search engine’s program typically returns two types of search results to the shopper, both of which provide links to websites. The second type of results are considered “organic,” and appear because the search engine’s algorithm deems them to be the most relevant to the shopper’s search.

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San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

LexBlog IP

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.

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Thinking about Going In-House?

Chicago IP

On Thursday, September 23, 2021, from 12:00 p.m. to 1:00 p.m. CT, the Corporate Committee of the Intellectual Property Law Association of Chicago (“IPLAC”) is hosting a panel discussion focusing on how to transition and succeed as an in-house counsel. The panel is being moderated by Kara DeAngelis, McDonald’s Corporation Counsel, Privacy & Information Governance.

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Thinking about Going In-House?

LexBlog IP

On Thursday, September 23, 2021, from 12:00 p.m. to 1:00 p.m. CT, the Corporate Committee of the Intellectual Property Law Association of Chicago (“IPLAC”) is hosting a panel discussion focusing on how to transition and succeed as an in-house counsel. The panel is being moderated by Kara DeAngelis, McDonald’s Corporation Counsel, Privacy & Information Governance.

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Gulls Hockey Team Gets Wings Clipped In IP Dispute With Hockey League

JD Supra Law

Last month the District Court for the Central District of California granted the defendant’s motion for summary judgment in the case San Diego Gulls Hockey Club, LLC v ECHL, Inc. The league’s win resolves the league’s potential indemnity obligation to the hockey team, the Gulls. This case presents a cautionary story for transactional attorneys.

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Looking to LATAM: how in-house manage IP in a changing region

Managing IP

Counsel at Novartis, Volvo and three other companies reveal which countries they prioritise and the challenges they encounter in Latin America

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What Should Be in Your Photography Business Plan

Legal Zoom

Set up your photography startup for success by including these essential elements in your business plan.