Thu.Aug 04, 2022

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Activision Accused of Plagiarism in Upcoming Dog Operator Design

Plagiarism Today

On July 27, Activision published a series of patch notes and an announcement about mid-season content that was being added to their games. Among the elements being introduced to Call of Duty: Warzone was a series of new operators, including one named Loyal Samoyed , an anthropomorphic dog in combat gear. However, the launch ended up attracting some unwanted attention as, several days later, it was pointed out that Loyal Samoyed bore an uncanny resemblance to an earlier work by concept artist Sai

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The Federal Circuit’s ‘CAR T-Cell’ Decision: Courting a Disaster for American Innovation

IP Watchdog

The only president ever to obtain one, Abraham Lincoln knew the essential role patents have played in the scientific and technological innovations that have driven American growth and prosperity since the founding of the republic. Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history.

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3 Count: My Avastar

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Roblox Sues WowWee Over New Doll Range My Avastars. First off today, Toyworld reports that Roblox has filed a lawsuit against the toy maker WowWee alleging that WowWee’s new line of dolls violates both their copyrights and trademarks. WowWee, in partnership with Gamefam, created a line of personalized dolls that are meant to resemble a person’s avatar in the Roblox-based role playing game My Avastars:

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CloudStream-3 Piracy App Taken Down By Sky UK DMCA Notice

TorrentFreak

One criticism of legitimate streaming platforms such as Netflix, Disney+ and Prime Video, involves content discovery. Even if people subscribe to all three, there’s no official way to carry out a unified search and view in one app. This issue isn’t unique to legal platforms. Pirate sites also have their own libraries and while they’re nowhere near as restricted as their licensed counterparts, the ability to search multiple resources from one interface is definitely considered a

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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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What is leadership?

McKinsey Operations

Leadership is a set of mindsets and behaviors used to engage and enable people to align on a collective direction, and work together to accomplish shared goals while adjusting to changing environments.

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In case you didn’t already know, don’t do anything in bad faith!

IPilogue

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 18, 2022, the Federal Court of Canada released its decision for Beijing Judian Restaurant Co. v Wei Meng. That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise inv

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Senator Tillis' Patent Eligibility Reform Proposal: A Biopharma Perspective

JD Supra Law

Senator Thom Tillis (R-NC) introduced S. 4734, entitled "A Bill to amend Title 35, U.S. Code, to address matters relating to patent subject matter eligibility, and for other purposes" last night, as was discussed in an earlier Patent Docs post (see "Senator Tillis Proposes Patent Eligibility Reform (Again)"). Even a cursory read of the bill reveals that portions of it have been specifically crafted to address issues that have arisen in the inferior courts' applications of the Supreme Court's.

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Claimants Don’t Fear (Opt-Out)! SCOOP is Here!?

Copyright Alliance

Since the U.S. Copyright Office launched CCB operations about two months ago, the number of small copyright claims filed with the new Copyright Claims Board (CCB) continues to grow on […]. The post Claimants Don’t Fear (Opt-Out)! SCOOP is Here!? appeared first on Copyright Alliance.

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Is The Server Test Ready for a Reboot?

The IP Law Blog

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by the 9th Circuit in Perfect 10, Inc. v. Amazon.com Inc. , now rejected by a number of courts. Alexis Hunley et al v. Instagram involves a potential class-action claim against Instagram related to its embedding practice.

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@SchneiderMaria Rolls Over YouTube in Her Copyright Infringement Case

The Trichordist

By Chris Castle It’s been just over two years since Maria Schneider sued YouTube for copyright infringement. But the court has now cleared a path for her… Read more "@SchneiderMaria Rolls Over YouTube in Her Copyright Infringement Case".

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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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McKool Smith Continues Shore Chan Hiring, Adds Two Attys

IP Law 360

McKool Smith has added two intellectual property attorneys to its Dallas office, the firm's latest additions from Shore Chan DePumpo LLP in recent months, the firm announced Wednesday.

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More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy. The Computer Fraud and Abuse Act (“CFAA”) is a law that was written before the commercial Internet was a thing (1984). And many judges—particularly Boomers in the rarified air of the appellate courts—grew up in an era before the Internet was a thing. And so they like to interpret the CFAA using simple, non-technical language that has nothing to do with the internet or technology.

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How the Future of Predictive Analytics Impacts IP

IP.com

Predictive analytics uses historical data to forecast future outcomes. Today, the AI-powered technology—which also uses statistical modeling to find valuable insights in big data—is analyzing more information than humanly possible. The post How the Future of Predictive Analytics Impacts IP appeared first on IP.com - IP Innovation and Analytics.

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Developing pharmaceutical launch leaders and company-wide capabilities at scale

McKinsey Operations

By building certain functional and leadership skills, pharma companies can not only improve the odds of a successful launch but also strengthen their organizations for the future.

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Globally Local: Analysing The Impact Of Geographical Indication On International Trade

IP and Legal Filings

Geographical Indications, which are essentially territorial in nature, are now losing territorial linkages due to global trade and export. This article seeks to examine the impact and effect of the trade of Geographical Indication around the globe. Dating back to the 19th century French practice, initially used for distinguishing genuine wine from counterfeit product of the same nature, Geographical Indications (‘GI’) are garnering international attention.

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CAFC Upholds PTAB’s Finding that Samsung Failed to Prove Magnetic Stripe Emulator Claims Obvious

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed a Patent Trial and Appeal Board (PTAB) ruling that Samsung Electronics had failed to prove certain claims of Dynamics, Inc.’s patent for a magnetic stripe emulator that communicates with credit card readers unpatentable as obvious. Samsung petitioned the PTAB for inter partes review (IPR) of claims 1 and 5-8 of U.S.

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The Implications of Intellectual Property Laws in the Tourism Industry

IP and Legal Filings

Intellectual property rights are statutory rights given to creators, inventors, and artists. Black’s Law Dictionary defines intellectual property as “a commercially valuable product of the human intellect, in a concrete or abstract form such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret.” The purpose of Intellectual Property Rights is to ensure that sufficient recognition is given to the creator’s work and skills, subsequently stimulating innov

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Eleventh Circuit Upholds Sanctions in Energy Drink Dispute for Failure to Provide Computation of Damages

IP Watchdog

On Wednesday, August 3, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling against Vital Pharmaceuticals, Inc. (VPX) in the form of sanctions for violating its discovery obligations in a trade dress dispute with Monster Energy Company. The Eleventh Circuit also denied Monster’s motion for sanctions in the form of attorney’s fees and double costs.

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Deceptive Similarity in Trademarks- Facebook vs Facebake judgement

IP and Legal Filings

In today’s globalised technological savvy world, one should be acutely attentive to the implications of infringing the laws of India especially regarding property Rights. Nobody could even slightly wonder that a cake shop will get a restraining order from the Delhi judiciary for using the name ‘Facebake’ or ‘Facecake’. The Bakery’s name and therefore the signage strongly resemble Facebooks’ official colours: blue- on- white colour scheme and patterns which is usually related to the social media

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Intern Spotlight Series: Margaret (Meg) Lillis

U.S. Department of Commerce

Intern Spotlight Series: Margaret (Meg) Lillis. August 4, 2022. ASowah@doc.gov. Thu, 08/04/2022 - 10:42. Margaret (Meg) Lillis is an intern for the International Trade Administration’s Global Markets, Office of Africa. In this Q&A, Meg writes about her experience as a summer intern for the Department of Commerce and what’s next for her. This is the fifth installment of a seven-part series. .

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Tax Treaties In International Law

IP and Legal Filings

Double taxation is charging tax on the same income or subject twice for the same objective, term, and tax jurisdiction. When such income is taxed in two nations, the total tax burden will be high. In 1920, the League of Nations commissioned four renowned economists, Prof. Gijsbert, Prof. Luigi Einaudi, Prof. Edwin Seligman, and Prof. Josiah Stamp, to suggest international taxation principles for distributing taxing rights under Double Taxation Avoidance to prevent multiple taxes on the same subj

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Texas Patent Litigation Monthly Wrap-Up: July 2022

Fish & Richardson Trademark & Copyright Thoughts

This post reviews three July 2022 opinions from the Western and Eastern Districts of Texas resolving motions to stay. The first case involves the denial of a stay pending reexamination proceedings issued by the Honorable Alan D. Albright. In the second case, the Honorable Amos L. Mazzant, III, granted the patent owner’s motion for stay pending resolution of the defendant’s petitions for inter partes review (IPR).

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Co-Existing Agreements In Potential Or Ongoing Trademark Disputes

IP and Legal Filings

Co-existence agreements are a way to allow potentially confusing trademarks to exist simultaneously in the market without any action of trademark infringement. Competitors of similar goods frequently use such recourse to avoid lawsuits or settle them. Co-existence Agreements- Legally valid or invalid. The legal validity of such co-existence agreements invites numerous discussions.

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Combating Implicit Bias In Alternative Dispute Resolution

IP Law 360

Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

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Trademark protection for Wimbledon Tennis’s signature colours

IP and Legal Filings

Wimbledon Championship or simply known as Wimbledon, is one of the oldest and most prestigious tennis tournaments in the world since 1877 when it was first inaugurated. Its parent organisation, The All England Lawn Tennis Club (further referred to as “the Club”) has previously trademarked the word ‘Wimbledon’ and also has trademarks has several other signs related to it such as the crossed rackets logo.

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?G opines that all of Servier’s pay-for-delay deals were restrictions of competition by object

JD Supra Law

On 14 July 2022, Advocate General (AG) Kokott delivered her much awaited (non-binding) Opinions in Cases C-176/19 P, Commission v Servier and Others and C-201/19 P, Servier and Others v Commission.

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Dolphins Coach Can't Nix Motivational Text Copyright Suit

IP Law 360

A Miami Dolphins football coach can't escape a sports psychologist's lawsuit alleging that the coach infringed his copyright by tweeting an image containing a motivational passage from his book, a Florida federal judge has ruled.

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Patent Eligibility Roundup: New Legislation, Call for Comments, Delaying Eligibility

JD Supra Law

We have a few brief Section 101 updates starting, unsurprisingly, with … Roughly one month after the U.S. Supreme Court rejected the American Axle petition, Sen. Thom Tillis (R-NC) has released the first draft of his Patent Eligibility Restoration Act of 2022.

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

So far this year, the Board has affirmed 112 of the 119 Section 2(d) refusals on appeal. How do you think these three recent appeals came out? [Results in first comment]. In re P&P Imports LLC , Serial No. 90110212 (August 2, 2022) [not precedential] (Opinion by Judge Frances S. Wolfson) [Section 2(d) refusal of the mark BATTLE STRIKE for “equipment sold as a unit for playing projectile shooting games" in view of the identical mark registered for "computer game programmes; downloadable compu

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Law School Canons: FRE 403

Patently-O

Editor’s Note: Avery Welker is a rising 3L at Mizzou and likely a future patent attorney. He authors a series linking law school canonical cases with intellectual property counterparts, and the views expressed are his own. You can email ideas for future posts to avery@patentlyo.com. – Dennis Crouch. By Avery Welker. TecSec, Inc. v. Adobe Inc. , 978 F.3d 1278 (Fed.

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The Importance of a Trademark Search

LoTempio Law Blog

Don’t waste your valuable time trying to register a trademark yourself, give me a call so it’s done right the first time at 1-(800)-866-0039! Determining if a mark is already registered requires a comprehensive trademark search. A trademark search must go beyond searching for the actual mark and must take into consideration confusingly similar marks. […] The post The Importance of a Trademark Search appeared first on Vincent LoTempio | Registered Patent Attorney, Trademark, and Copyright |

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Federal Circuit Upholds $13.6 Million Jury Verdict of Willful Infringement After Affirming the District Court’s Correction of Claims

LexBlog IP

In Pavo Solutions LLC v. Kingston Technology Co. , No. 21-1834 (Fed. Cir. June 3, 2022), the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a jury verdict in the Central District of California awarding $7.5 million in compensatory damages, enhanced by 50 percent, for willful infringement. Read more.

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Seeing Starz: No Damages Bar in Copyright Discovery Rule Case

JD Supra Law

The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even though more than three years had passed since the alleged infringement occurred. Starz Entertainment, LLC v. MGM Domestic Television Distribution, LLC, Case No. 21-55379 (9th Cir.

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Apple AirPods Infringe Pinn IP Despite 'Slick' Extras, Jury Told

IP Law 360

Apple AirPods' "slick" and "neat" features do not insulate the product from having infringed Pinn Inc.'s more basic wireless earbud design patents, a retired Texas A&M electrical engineering professor told a California federal jury Thursday.

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The Briefing: Is the Server Test Ready for a Reboot? (Video and Podcast)

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, and specifically on the Server Test. Considered one of the top copyright cases to watch, Hunley deals with the practice of “embedding” and its copyright implications.