Fri.Nov 11, 2022

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Can an NFT infringe one's own trade mark rights? Yes, says Rome Court of First Instance

The IPKat

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? The Rome Court of First Instance answered ‘yes’ in the context of a successful application for a preliminary injunction made by Juventus F.C. ( decision on 20 July 2022, case No 32072/2022 ).

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Stossel v. Meta Platforms: The continuous fight against disinformation

IPilogue

Amin Hosseini is an IPilogue Writer and an LLM Candidate at Osgoode Hall Law School. On September 22, 2021, John Stossel, American libertarian journalist and television presenter, sued Meta Platforms Inc. and its independent fact-checkers for defamation. In the complaint , Stossel claimed that he uploaded two short video reports in which he interviewed experts about climate change, yet Meta (“Facebook”) publicly announced that Stossel’s reporting had failed the fact-checking process. .

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Living longer in better health: Six shifts needed for healthy aging

McKinsey Operations

As many individuals live well past retirement age, stakeholders are examining how interventions, data, and innovation can transform aging.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen pharmaceutical giant Teva begin a new patent claim against rival Bayer, car parts manufacturer Denso sued by Jaguar Land Rover in a competition claim, and Jeremy Corbyn's former executive director of Leader of the Opposition's Office sue the Times Newspaper in a defamation case.

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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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Pharma-Related Patent Enablement Reaches the Highest Court

JD Supra Law

The U.S. Supreme Court has agreed to hear a case that is extremely significant for companies that operate in the biotechnology, pharmaceutical, and chemical sectors. At issue in Amgen v.

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Rebrand the name, change the way we eat, and save (at least part of) the ecology: the story of copi

The IPKat

Rebranding programs have been asked to do a lot of things. But this Kat had never, until now, encountered a rebranding program whose goal is no less than to bring about fundamental culinary and ecological changes. The feline species is not known for its aversion to enjoying fish at a meal. But even Kats may have their limits. Take the carp. There are few piscine varieties less liked at the dinner table than the carp.

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Pirate IPTV Raids Ongoing in Italy as Police Hit 900K Member Network

TorrentFreak

Over the past several years, Italian internet users have grown increasingly fond of the ‘pezzotto’, aka pirate IPTV boxes. According to recent estimates , 23% of the population – around 11.7 million people – consume live TV illegally. If incoming reports from Italian police live up to the hype, the local piracy market may have just received a considerable blow. ‘Operation Gotha’ Hits IPTV Network with 900,000 Subscribers.

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114 down, 10 million to go: The Global Lighthouse Network’s mission

McKinsey Operations

Global Lighthouse Network members show that Fourth Industrial Revolution technologies help to deliver better workforce engagement, improved sustainability, and increased productivity.

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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 155 of the 167 Section 2(d) refusals on appeal (just about 93%). Here are three decisions that came down recently. How do you think they came out? [Results in first comment]. In re YASA Marketing, Inc. , Serial No. 88751408 (October 22, 2022) [not precedential] (Opinion by Judge Michael B. Adlin) [Section 2(d) refusal of the mark DEL MOLCAJETE for "salsa, hot sauce" in view of the registered mark EL MOLCAJETE & Design (shown below) for "dried chilies

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The Massachusetts Trade Secrets Act, Four Years On: What to know

Trading Secrets

This article was originally published in the Boston Bar Association’s Fall 2022 Boston Bar Journal. Just over four years ago, the Massachusetts legislature finally passed a bill long in the works addressing non-compete agreements and replacing the Commonwealth’s trade secret misappropriation statute with a version of the Uniform Trade Secrets Act (the “UTSA”), referred to herein as “MUTSA.

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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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contempt finding saves FTC's $120 million victory against real estate scammer even after AMG Capital

43(B)log

Federal Trade Commission v. Pukke, F.4th -, 2022 WL 16568278, No. 20-2215, No. 21-1454, No. 21-1520, No. 21-1521, No. 21-1591, No. 21-1592 (4th Cir. Nov. 1, 2022) Court’s intro: Andris Pukke and other appellants sought to develop thousands of acres of land in Belize, which they marketed as a luxury resort called “Sanctuary Belize.” In their sales-pitch to U.S. consumers, many promises were made but not kept.

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A confluence of social and economic factors have driven outsized returns for multifamily investors

McKinsey Operations

New data illuminates the structural factors driving multifamily performance.

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Judge Pan Releases Antitrust Publishing Case Opinion

Velocity of Content

After issuing an order on Halloween blocking the proposed Penguin Random House/Simon & Schuster merger for more than $2 billion Judge Florence Pan, this week released her full written opinion. In an economical, clearly written 80-page decision , Pan easily found the U.S. Department of Justice (DOJ) had made its case that the proposed merger would likely “lessen competition” in the market for book rights in violation of Section 7 of the Clayton Act, according to Andrew Albanese , Publisher

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Protection of Copyrights in China

IP and Legal Filings

Introduction. Copyright is a form of intellectual property that protects a creator’s exclusive right to control who reproduces or alters the product of their original creative effort. Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Adequate copyright protection can form an important part of an IPR protection strategy.

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Court Dismisses AimJunkies’ Hacking Claims Against Bungie

TorrentFreak

Last year, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the ‘Destiny 2’ cheating software. AimJunkies denied the claims and argued that cheating isn’t against the law.

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Patent Case Summaries - November 2022 #1

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. Finjan LLC v. ESET, LLC, et al., No. 2021-2093 (Fed. Cir. (S.D. Cal.) Nov. 1, 2022). Opinion by Reyna, joined by Prost and Taranto.

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Consumers’ right to personal attention

Olartemoure Blog

Recently, Peru’s government issued a law that protects the rights of consumers to have the alternative of personal attention whenever the provider offers an automated attention system assisted by artificial intelligence or digital assistance. It is a common practice for suppliers to provide their customers with automated attention through digital assistance or “bots” to address questions faster and handle multiple requests simultaneously, to improve customer experience.

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US Patent Office Seeks to Positively Impact Climate by Accelerating Examination

JD Supra Law

The Biden Administration is using a comprehensive set of tools to stick closely to campaign promises around — and the public demand for — climate action. Recently, the US Patent and Trademark Office (USPTO) announced changes to the patent application process through a new program called the Climate Change Mitigation Pilot Program. The program prioritizes the examination of patent applications claiming products or processes that reduce greenhouse gas emissions.

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A virtual Intellectual Property coach

Olartemoure Blog

Four European entities in charge of ensuring IP protection , have joined forces to launch “Create Protect Benefit”. This virtual tool aims to raise awareness, among European entrepreneurs and future entrepreneurs, on the benefits of intellectual property protection through practical guides. It is expected that this tool will promote the importance of IP protection in the region.

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Last Week In The Federal Circuit (October 31 – November 4): Keeping It In The (Patent) Family

JD Supra Law

Claim construction disputes often include arguments based on patents in the same family or materials incorporated by reference. Our case of the week discusses both categories of sources—and illustrates some limits on their use in claim construction.

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Sustainable entrepreneurship

Olartemoure Blog

As part of its efforts to promote the productivity and sustainability of SMEs, micro-businesses and entrepreneurs located in Bogota, the Secretariat of Economic Development of Bogota has issued three calls for proposals. As outlined below, each call is aimed at entrepreneurs or companies at different stages of maturity: Ruta Bogotá provides workshops that assist individuals, businesses and legal entities in developing business skills, strengthening innovative business models and connecting with

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USPTO Director Issues Sua Sponte Precedential Decision Addressing Abuse of IPR Process

JD Supra Law

In a precedential 52-page sua sponte decision, the United States Patent and Trademark Office (USPTO) Director Katherine Vidal addressed several issues of first impression relating to sanctionable misconduct in inter partes review proceedings. As set forth in more detail below, the Director ultimately determined that the petitioner had engaged in abuse of process.

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The Massachusetts Trade Secrets Act, Four Years On: What to know

LexBlog IP

This article was originally published in the Boston Bar Association’s Fall 2022 Boston Bar Journal. Just over four years ago, the Massachusetts legislature finally passed a bill long in the works addressing non-compete agreements and replacing the Commonwealth’s trade secret misappropriation statute with a version of the Uniform Trade Secrets Act (the “UTSA”), referred to herein as “MUTSA.” See M.

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139 Trademark Registrations Issued to Indiana Companies in October 2022

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 139 trademark registrations to persons and businesses in Indiana in October 2022 based on applications filed by Indiana trademark attorneys: Registration Number. Word Mark. 6884946. ALWAYS SIMPLE ALWAYS SATISFYING SIEMPRE SOUPS. 6884869. READY FIT. 6886185. M VERSAPRO. 6884715.

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Magnesium ad nauseum

Likelihood of Confusion

Ryan Gile reports that it’s Coke vs. Pepsi on behalf of their sport-drink proxies, Gatorade and Powerade: Coke’s advertising. makes the claim that Gatorade is “missing two. The post Magnesium ad nauseum appeared first on LIKELIHOOD OF CONFUSION™.

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PTAB ‘Guiding Principles’ Favor Supplementary Declaration in ‘Close’ Case

JD Supra Law

A PTAB panel recently granted a Petitioner’s motion to submit a second expert declaration that directly addressed deficiencies identified by the PTAB’s Institution Decision. While a “close” case, the panel concluded that allowing the second declaration would “further our goals of efficiency and our mandate to ‘secure the just, speedy, and inexpensive resolution’ of this proceeding.

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Teva Wins Challenge To Novartis' Blood Transfusion Patent

IP Law 360

Generic drug manufacturer Teva has succeeded in its bid to invalidate two patents owned by Novartis AG, as a London court found that the pharmaceutical giant's intellectual property for a blood transfusion medicine lacked novelty.

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[Hybrid Event] Intellectual Property Rights Enforcement 2023 - January 13th, New York, NY

JD Supra Law

Outside counsel need to know how best to protect their company’s or their client’s investments in IP. To keep up with the rapidly evolving legal landscape in this field, companies need to be informed not only about the challenges they face, but also about the legal developments that affect how they do business and allocate their resources. Join our faculty of in-house counsel, outside private practitioners and federal government agency representatives to receive practical guidance and learn.

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Here’s the basics to avoid penalties if you manage personal data in China and Colombia

Olartemoure Blog

The People’s Republic of China (PRC) and Colombia have their own laws and regulations to protect the privacy and personal data. Both equally seek to guarantee the rights of the data owners and regulate the correct use of personal data when collected, stored, and processed the course of doing business in each country or abroad Compliance with these legal provisions is mandatory for natural persons and legal entities.

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U.S. Court of Appeals for the Ninth Circuit Clarifies DMCA Injunction Burden

JD Supra Law

As a previous Wilson Sonsini Alert reported, Snail Games USA Inc. and Wildcard Properties LLC (collectively, “Snail”) sent a Digital Millennium Copyright Act (DMCA) takedown notice to Valve Corporation (Valve) in order to have Suzhou Angela Online’s (“Angela”) game removed from Valve’s Steam platform. In general, the DMCA incentivizes companies like Valve to take down third-party content for which they have received takedown notices, so that the companies can make use of statutory safe harbors.

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China v. Colombia privacy regulations

Olartemoure Blog

Due to the recent issuance of the Chinese data privacy law and the evolution of business relations between China and Colombia, any privacy professional of companies doing business in or between these countries must be aware of the key issues of the Personal Information Protection of China (“PIPL”) and the Colombian General Data Protection Regulation (“CGDPR”).

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Five key patent transactions takeaways

IAM Magazine

An over-arching theme during an IAM event was the key importance of relationships, trust and empathy between parties when deals are getting done

Patent 52
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diaper "no harsh ingredients" claim not puffery

43(B)log

Rice v. Kimberly-Clark Corp., No. 2:21-cv-01519-DAD-KJN, 2022 WL 16804522 (E.D. Cal. Nov. 8, 2022) Plaintiffs claimed that Huggies Snug and Dry diapers were falsely advertised as safe/not harsh for babies, but their son developed “severe and persistent rashes, lesions, blistering, and what appeared to be chemical burns on his skin” under the diaper.

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Pressure grows on UK government to appoint new IP minister

Managing IP

The next person to be appointed will be the thirteenth to hold the role in 12 years – and the third in just two months.

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Auto SEP owners could see licensing fees shrink in China if new guidelines are enforced

IAM Magazine

Document which seeks to change rules to ‘license to all’ approach arms implementors with potential bargaining chip