Wed.Jul 27, 2022

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3 Count: Roblox Battle

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Megan Thee Stallion, Big Sean Sued for ‘Willful’ Infringement on Collaboration ‘Go Crazy’. First off today, Larisha Paul at Rolling Stone reports that Megan Thee Stallion and Big Sean are facing a lawsuit over their 2020 collaboration Go Crazy. The lawsuit was filed by Detroit artists Duawn “Go Hard Major” Payne and Harrell “H Matic” James.

Music 175
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What Are Common Law Trademark Rights?

Erik K Pelton

Did you know that a brand can acquire some trademark rights without registering at the USPTO? Erik explains what these common law trademark rights are and how they work. The post What Are Common Law Trademark Rights? appeared first on Erik M Pelton & Associates, PLLC. Did you know that a brand can acquire some trademark rights without registering at the USPTO?

Trademark 147
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The Staffieri or Scott Quiz: Can You Tell the Difference Between the Rogers CEO and the CRTC Chair?

Michael Geist

The Standing Committee on Industry, Science and Technology hearing into the Rogers outage was notable for how similar Tony Staffieri, the Rogers CEO, and Ian Scott, the Chair of the CRTC, sounded on key issues related to the outage and the state of Canadian telecom regulation. In fact, Conservative MP Tracy Gray noted during the hearing that “listening to the answers from the executives at the CRTC, I felt like I was actually questioning senior telecom executives not the regulator.”

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Pirates Liberate Games From Battle.net To Send Message To Activision Blizzard

TorrentFreak

When videogames first began hitting the market more than 40 years ago, budgets were low, expectations were low, and customers were easily pleased. Today’s market has taken all of that and turned it on its head. Fueled by the type of budgets available to filmmakers and faced with massive competition, the videogame business abandoned its bedroom-coding roots long ago.

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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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Forward Thinking on the sustainability revolution in textiles and the fashion industry with Edwin Keh

McKinsey Operations

The leader of a cutting-edge institute talks about innovative new materials that “eat” carbon and may enable cotton growing without irrigation, as well as the potential for building the world’s shortest supply chain in two 40-foot containers.

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GeoComply Expands VPN ‘Piracy’ Detection By Blocking Residential IP-Addresses

TorrentFreak

VPN services are a useful tool to protect internet users’ online privacy. In addition, they can also help to bypass geographical restrictions. The latter can be helpful if people want to access the content library of a streaming service in another country. While this often goes against the terms of service, some VPNs openly advertise this feature.

IP 134

More Trending

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USPTO to Expand Initiatives for Under-Resourced Inventors and First-Time Filers

IP Watchdog

United States Patent and Trademark Office (USPTO) Director Kathi Vidal penned a blog post today announcing several new programs aimed at expanding the U.S. innovation ecosystem, which she said “could quadruple the number of American inventors, and increase the GDP per capita by as much as 4%, or by about $1 trillion.” The initiatives are being spearheaded by the USPTO’s Council for Inclusive Innovation (CI2), for which Secretary of Commerce Gina Raimondo serves as Chair and Vidal as Co-Chair.

Inventor 119
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USPTO Director's Blog Post Extolling Certainty in § 101 Determinations Paradoxically Increases Uncertainty

JD Supra Law

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (at right) released a blog post on the USPTO's Director's Blog on Monday addressing the fraught subject of subject matter eligibility under 35 U.S.C. § 101 as interpreted over the past decade by the U.S. Supreme Court and implemented by the Office in light of those decisions.

Blogging 109
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Launching net-zero businesses: Lessons from a digital leader

McKinsey Operations

Many companies are hustling to start low-carbon businesses. Ram Ramachander works at the speed of a start-up and with the backing of a corporation.

Business 114
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To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable

JD Supra Law

A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an award of treble damages. The On-Sale Bar - The on-sale bar prevents an inventor from obtaining a patent on an application filed more than a year after the date of first sale of the product or, if later, the date when the invention is “ready for patenting.”.

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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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The office of the future: A whole new (floor) plan

McKinsey Operations

Revisiting your talent strategy for a hybrid world? Think hard about the purpose and design of your office space.

Designs 128
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Barton Scoops Up Ex-Hulu Atty For IP Practice

IP Law 360

Barton LLP is boosting its presence in Los Angeles and Nashville by hiring a partner who has done time as an in-house lawyer at Hulu — and who is also remarkably active in the professional fiddling circuit.

IP 98
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Navigating The Range Of Remedial Orders At The ITC

JD Supra Law

At the end of an investigation under Title 19 of the U.S. Code, Section 1337, the U.S. International Trade Commission will issue a final determination that determines: (1) whether a violation of Section 337 has occurred, and (2) if so, the appropriate remedy. Originally published in Law360 - July 26, 2022.

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Tiffany Norwood is Named to the Board of Directors of the Center for Intellectual Property Understanding

IP Close Up

A successful creator and entrepreneur, Ms. Norwood is Cornell University 2022 Entrepreneur of the Year. Entrepreneur, inventor, banker and soothsayer, Tiffany Norwood has been Continue reading.

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Who benefits from a Software Escrow Agreement?

JD Supra Law

As we continue our “Software Escrow 101” blog series, we’ve defined what software escrow means, and now we’ll delve into who benefits from a software escrow agreement. As a recap, a Software Escrow Agreement is a simple tri-party arrangement with mutually-agreed terms between the software customer, software supplier and an escrow service provider. The software source code for a business-critical application is securely stored with the escrow service provider in case it is needed in the future –.

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More than a Buzzword: Plain Language is Essential to Defensive Publication

IP.com

Plain language is increasingly crucial to today’s written language. Writers should use simple terms instead of technical jargon to encourage widespread communication of their ideas. No matter what line of. The post More than a Buzzword: Plain Language is Essential to Defensive Publication appeared first on IP.com - IP Innovation and Analytics.

IP 87
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MarkIt to Market® - July 2022

JD Supra Law

Thank you for reading the July 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a recent precedential TTAB decision regarding product configuration marks. We also highlight recent accolades for our Trademark & Brand Protection practice from Who's Who Legal and "IP Stars." In this issue: - How to Ensure Your Trade Dress Doesn't Go to Hell in a Handbasket - Five Sterne Kessler Directors Named in 2022 Who’s Who Legal Guides - Sterne Kessler and 14 Directors.

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The power of proposition: An interview with AIA’s Alice Liang

McKinsey Operations

The chief proposition officer of AIA Hong Kong & Macau offers insights on how products, ecosystems, and planning tools can drive innovation and transform the customer journey.

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The UK Competition and Markets Authority’s Missed Opportunity: Reaction from @MrTomGray #BrokenRecord

The Trichordist

Tom Gray reacts to the UK Competition and Markets Authority report on streaming.

Marketing 111
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BetterHelp Hit With TM Suit Over 'Therapy For Black Girls'

IP Law 360

Mental health platform BetterHelp has been slapped with a trademark suit in Georgia federal court for allegedly poaching the phrase "therapy for black girls" from a wellness podcast and using it for search engine advertisements.

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CAFC Says Improper Litigation Conduct Warrants Attorneys’ Fees Award for Netflix

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a California district court’s award of attorneys’ fees in part to Netflix, Inc. for Realtime Adaptive Streaming LLC’s “improper” litigation conduct. The CAFC said that Realtime’s use of forum-shopping to blatantly avoid an adverse ruling amounted to “gamesmanship” that “constitutes a willful action for an improper purpose, tantamount to bad faith, and therefore [is] within the bounds of activi

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'Blatant Gamesmanship' Lands Netflix A Fee Win At Fed. Circ.

IP Law 360

Netflix's lawyers at Fenwick & West landed a ruling from the Federal Circuit on Wednesday that affirmed their win of more than $400,000 in attorney fees over a patent company's "blatant gamesmanship" — though the panel split on whether that meant Netflix was actually "the prevailing party.

Patent 75
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Aesthetician’s Proactive Suit Puts a Wrinkle in Spa’s Attempts to Mar Her Reputation

Trading Secrets

A Superior Court in Massachusetts has allowed an aesthetician’s lawsuit to proceed against her former employer after it sought to enforce her allegedly void restrictive covenant. After being terminated by defendant Vanity Lab, the plaintiff and aesthetician Tori Macaroco established her own business providing aesthetician services. Macaroco then received a cease-and-desist letter from a New York law firm, citing the contract she signed as a Vanity Lab employee that contained various restrictive

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District Court Denies Preliminary Injunction Requested Under Reverse Confusion Theory Following PepsiCo Ruling

IP Watchdog

In a case that echoes they key issue in a recent U.S. Court of Appeals for the Second Circuit ruling for PepsiCo, Inc., U.S. District Court for the Southern District of New York Judge Lorna Schofield denied a brand owner’s request for a preliminary injunction enjoining model and influencer Hailey Rhode Bieber, who is also the spouse of superstar Justin Bieber, from selling products under the name “Rhode,” which is also her middle name.

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Germany’s 9€ ticket: A potential solution for urban-mobility issues

McKinsey Operations

What could other countries learn from Germany’s current discounted flat rate travel pass to increase ridership on public transit?

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CareDx v. Natera: A Response To Professor Holman

Patently-O

Guest Post by Edward Reines. Reines Co-Chairs the nationwide Patent Litigation practice at Weil Gotshal. He represents CareDx and Stanford in the pending patent lawsuits. Professor Holman’s recent post on the Federal Circuit’s CareDx v. Natera opinion is a thoughtful addition to Professor Crouch’s review of that decision. Professor Holman concludes that the Stanford inventions were doomed from the start because they can be labelled as “molecular diagnostics methods” and are thus patent ineligi

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The new era of operations

McKinsey Operations

Our leaders share more on how organizations across Asia are transforming their business operations to tackle today’s major challenges.

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Understanding the Role Intellectual Property Plays in Mergers and Acquisitions

Kashishipr

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. In Article 2 of the WIPO Convention, 1967, Intellectual Property Rights (IPRs) relating to scientific works, literary works, artistic works, broadcasts, phonograms, performances of performing artists, sc

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Lego’s EU design registration benefits from modular system exception

IAM Magazine

The EUIPO has ruled that Lego’s brick design is solely dictated by technical function, but being part of a modular system saves it from invalidation. It remains to be seen whether other products will turn to the modular system exception.

Designs 52
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The right of remuneration for public communication in hotel rooms

Olartemoure Blog

The economic right of remuneration recognized in favor of the interpreters of audiovisual works and artworks is found in paragraph 1 of article 168 of Law 23 of 1982, added by Law 1403 of 2010, also known as the Fanny Mikey Law. This right has a special annotation: contrary to other intellectual property rights regulated, it does not give the faculty to its owners – performers of audiovisual works and recordings (actresses and actors) – to prohibit, alter or suspend the production or

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Be proactive about IP ownership

IAM Magazine

Employees are not necessarily always renumerated for their patented or patentable inventions. Therefore, employers are advised to take a number of steps to avoid disruptive issues over the ownership of intellectual property created by their employees.

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Meet The 11 Judges Now Sharing Albright's Patent Cases

IP Law 360

As of this week, patent cases filed in Waco, Texas, are randomly assigned to one of 12 judges, rather than automatically going to the patent-friendly U.S. District Judge Alan Albright. Here's a look at how much patent experience the other 11 judges have had while on the bench, for attorneys who want to roll the dice.

Patent 52
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Optimising the integration of AI and human intelligence – lessons for tomorrow’s IP practice

IAM Magazine

While a new generation of tools promise to facilitate the creation of high-value assets, Benedikt Biechele, Brendan Sever and Bruce Rubinger warn that integrating them with professionals’ subject-matter expertise remains a major challenge

IP 52
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The Katten Kattwalk | Issue 24

JD Supra Law

War and Peace at Rospatent: Protecting Trademarks in Russia - Yes, we shall live, Uncle Vanya. Could Anton Chekhov ever have imagined that his literary work would be used to sell hamburgers? In March, a controversial application for an “Uncle Vanya” mark in connection with “snack bars, cafes, cafeterias, restaurants, bar services, canteens, cooking and home delivery services,” incorporated the red-and-yellow golden arches logo of McDonald’s.

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Optimising the integration of AI and human intelligence – lessons for tomorrow’s IP practice

IAM Magazine

While a new generation of tools promise to facilitate the creation of high-value assets, Benedikt Biechele, Brendan Sever and Bruce Rubinger warn that integrating them with professionals’ subject-matter expertise remains a major challenge

IP 52