Mon.Oct 24, 2022

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5 Spooky Articles About Copyright and Halloween

Plagiarism Today

As many long-time readers likely know, most Halloweens I help operate a neighborhood haunted house and, as a result, I usually take some time away from the site in late October. However, for the past few years, the haunt has been closed. In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. This year, for the first time since 2018, we will be open, and we couldn’t be more excited.

Copyright 259
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Canada’s Federal Court Issues FIFA World Cup Piracy Blocking Order

TorrentFreak

Next month, billions of people from all over the world will tune in to watch the FIFA World Cup in Qatar. Most viewers will do so through authorized services but events like this draw massive pirate audiences as well. Since this type of live-streaming piracy is a grave concern for rightsholders around the world, mitigation measures are already being prepared.

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3 Count: Cardi Be Victorious

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Cardi B Wins California Jury Trial in Art Copyright Infringement Case. First off today, the Associated Press reports that Cardi B has emerged victorious in her lawsuit against artist Kevin Michael Brophy over allegations she infringed both his likeness and his copyright by using an image of his back tattoos on the cover of a mixtape she produced.

Music 168
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Smartphones on wheels: New rules for automotive-product development

McKinsey Operations

Software-driven cars need new agile, customer-centric processes along the entire product life cycle, with a software- and data-focused architecture, to bring product development into the 21st century.

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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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BIO and Vaccine Manufacturers Group Sign on to Berlin Declaration on Vaccine Access

IP Watchdog

Two major trade organizations representing global vaccine manufacturers are officially backing a proposal submitted to the G20 and G7 countries in July that they claim offers practical solutions for future pandemics to avoid the inequities that have been highlighted by the COVID-19 pandemic. The Berlin Declaration was proposed in July 2022 by the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) and calls on industry to commit to “reserve an allocation of real-

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PTAB Renders Decisions in Interference No. 106,127

JD Supra Law

On September 28, 2022, the Patent Trial and Appeal Board denied all preliminary motions by Junior Party the University of California, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") and Senior Party ToolGen in Interference No. 106,127.

Patent 98

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Major Change to European Patent System in 2023 to Impact Patent Owners' Portfolios

JD Supra Law

A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual State where the patent was validated. This will change in view of the new Unitary Patent System (UPS) that is expected to come into force, at its earliest, in Q2 2023.The UPS will allow patent owners to: 1) obtain patent protection in participating European Union (EU) Member.

Patent 93
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Pirate IPTV Pair Sentenced to 45 Months in Prison For Defrauding Sky & BT Sport

TorrentFreak

Selling piracy-configured set-top boxes or subscriptions that enables access to pirated TV streams can lead to both civil and criminal prosecutions in the UK. In most cases over the past few years, the latter has been the preferred option. Any rightsholder can file a civil lawsuit but companies including Sky, BT Sport and the Premier League, prefer private criminal prosecutions offering prison sentences in addition to damages.

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Risk of the Catch-22 Argument as a Defense

Patently-O

by Dennis Crouch. Rothy and Birdies compete in the shoe market. Rothy’s launched its knit loafers in 2017; Birdies launched its product in 2021 and Rothy’s sued for infringing three of its design patents. D885,016, D885,017, D909,718, and D870,425. Birdies moved for summary judgment of both invalidity and non-infringement. For the invalidity defense it (partially) relied upon its prior calf-hair version of the shoe shown in the comparison chart above.

Designs 90
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Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

AI-generated art isn’t perfect, but it’s become a viable option for set decor on motion pictures and other commercial productions. Here’s what you need to know. Pandas, Monkeys and Clearance Culture. “Nobody cleared the panda.” I was barely out of law school when a senior partner muttered those words as he handed me a scathing demand letter sent to one of the firm’s commercial director clients.

Artwork 88
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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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Fish & Richardson Recognized by Leadership Council for Legal Diversity as 2022 Top Performer and Compass Award Winner

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is proud to announce that it has been named a Top Performer and Compass Award winner by the Leadership Council on Legal Diversity (LCLD), which recognizes law firms and corporations that demonstrate a strong commitment to building more diverse organizations and a more inclusive legal profession. 2022 marks the 11 th year that Fish has participated in the LCLD Fellows Program, which is designed to produce a generation of attorneys with strong leadership skills who are commit

Designs 82
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Federal Court Breaks Silence: Declares Sonos did not Infringe Google’s Noise Cancelling Technology Patent

IPilogue

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Sonos achieved a major milestone in their Canadian patent battle against Google, which follows several rulings in favour of Sonos in their corresponding US litigation (previously published in the IPilogue here ). In an infringement action against Google LLC (“Google”) dated August 15, 2022, Justice Zinn of the Federal Court of Canada ruled in favour of the defendants, Sonos, Inc.

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Certification Marks: A Tale of Continuing Confusion at the Registry

SpicyIP

We’re pleased to bring to you a guest post by Akshay Ajayakumar that continues his scrutiny of the trademark registry’s standard of examination. In this post, he focuses on certification marks. Akshay Ajayakumar is a lawyer based in Munich, Germany. He is a graduate of National Law University, Jodhpur, and is currently pursuing his LL.M in IP and Competition Law from Munich Intellectual Property Law Center (MIPLC) – A cooperation project of the Max Planck Society, the University of A

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“We cannot allow our brand to be abused”

Likelihood of Confusion

Originally posted on November 13, 2008: “We cannot allow our brand to be abused.” What “brand” is that? The Rev. Dr. Martin Luther King, Jr. brand. The greed of the. The post “We cannot allow our brand to be abused” appeared first on LIKELIHOOD OF CONFUSION™.

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My Favorite Law Prof: How I Learned Education Never Ends

IP Law 360

D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

Law 75
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PTAB Reverses Course in Code200 IPR Under Director’s ‘Compelling Evidence’ Memo

IP Watchdog

Last week, the U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) decided to institute inter partes review (IPR) in Code200, UAB v. Bright Data, Ltd., IPR2022-00861, following a sua sponte Director Review decision ordering the Board to reconsider its original ruling denying institution. USPTO Director Kathi Vidal issued a precedential sua sponte Director Review Decision in the case in August, clarifying the application of Gen.

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Union Says Medieval Times Violated Law With Trademark Suit

IP Law 360

Medieval Times violated federal labor law by refusing to bargain in good faith and accusing a union that represents its workers of trademark infringement in a federal lawsuit, a performance workers union claimed in recent charges filed with the National Labor Relations Board.

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NOVA v. Veterans Affairs: Rejecting Agency Deference and Protecting Health Benefits for Veterans

Patently-O

The following is a guest post from Logan Moore. Logan is a 3L at the University of Missouri School of Law and a member of our Veterans Law Clinic. Under the leadership of Prof. Angela Drake, our clinic filed an amicus brief in this important new Federal Circuit case. — Dennis. by Logan Moore . I. Introduction. Veterans are typically entitled to benefits for service-connected disabilities.

Law 69
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BREAKING: DOJ Charges 13 Over Chinese Interference In US Affairs

IP Law 360

U.S. Department of Justice officials announced Monday the indictments of 13 people allegedly working on behalf of the Chinese government in the U.S., including two accused of trying to impede the ongoing criminal prosecution of a Chinese telecommunications company.

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The Law Bytes Podcast, Episode 143: Canada’s Information Commissioner Caroline Maynard on Why Government Needs a Culture of Providing Information Instead of Hiding It

Michael Geist

Canadians using the Access to Information Act system frequently find that it is simply does not work as the legislation prescribes, with most facing long delays and widespread redactions. Canada’s Information Commissioner Caroline Maynard is trying to do something to fix that. She has been calling for legislative reforms, more resources, and leadership within government departments to prioritize providing information instead of hiding it.

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Catching Up With Delaware's Chancery Court

IP Law 360

A cryptocurrency company sues over social media slurs, a celebrity rapper feuds with a distiller over cognac, and a "no glasses" 3D television company gets a new temporary boss. Where else could all this happen but in Delaware's Court of Chancery?

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Brand Protection and Strategy for Food and Beverage Companies

JD Supra Law

Post-pandemic, food and beverage companies must now navigate a recessionary environment and runaway inflation. Thus, building, maintaining, and enforcing strong brands are more important than ever if a company is to maintain and grow its market share. The following guidelines are intended for the food and beverage industry but can be applied across many industries.

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WYHA? TTAB Affirms Section 2(d) Refusal of "B & Design" in View of Identical Mark, Both for Headphones

The TTABlog

When an opinion in an ex parte appeal is only seven pages long, it's usually bad news for the applicant. Here, Applicant Solo Beats applied to register the mark shown below left, for "audio speakers; batteries and battery chargers; earphones; headphones; virtual reality headsets; game headphones," but the Board, not surprisingly, ”found applicant's mark likely to cause confusion with the registered mark shown below right, for "headphones.

Designs 65
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It's official: EPO confirms 10 day rule will be abolished

The IPKat

Just over a week ago, IP social media was set alight with reports that the EPO Administrative Council (AC) was planning to abolish the 10-day notification rule ( IPKat ). The EPO itself maintained silence for a week until finally confirming in a press release last week that the 10 day rule will cease to be in effect on 1 November 2023. The EPO "10 day rule" is currently provided by Rules 126(2) , Rule 127(2) and 131(2) EPC.

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Invention Stories: Ring Tackles Better Home Security

IP.com

The post Invention Stories: Ring Tackles Better Home Security appeared first on IP.com - IP Innovation and Analytics.

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Intellectual Property Rights and Federally Funded Research

LexBlog IP

Intellectual Property Rights and Federally Funded Research. @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-635795071433f3800{display: block!important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-635795071433f3800{display: block!important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-635795071433f3800{position: relative !

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Distinctive Trademarks: What Are They, and Why Are They Important to Your Food and Beverage Services?

JD Supra Law

Think about your favorite pizza restaurant. What sets it apart from the frozen pizza you could pick up from your local grocery store? Is it the cheese-stuffed crust? The quality of the pepperoni?

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VideoLabs Targets HP With ITC Suit Over Video Coding IP

IP Law 360

HP Inc. has been hit with a case at the U.S. International Trade Commission accusing it of importing into the U.S. computers that infringe a series of patents relating to picture and moving picture coding methods.

IP 52
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European Unitary Patent and Unified Patent Court

JD Supra Law

In 1973, in response to concerns about the costs of securing patent protection in Europe, the European Patent Convention was signed to set up a common patent office to examine patent applications for any European country that wished to participate. Once examination was complete, the application matured into a bundle of national patents in those countries in which the applicant was interested.

Patent 52
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Walmart Settles Pay Tech IP Suit After Failed PTAB Challenges

IP Law 360

2ND EDITING//Q TO R -- Walmart has settled a payment patent owner's infringement suit against it after the Patent Trial and Appeal Board refused to review the asserted patents, prompting U.S. District Judge Rodney Gilstrap on Monday to pause the litigation that was headed for a jury trial next week.

Editing 52
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Patent Rules Amendments In Force as of October 3, 2022, Reflecting Canada’s Commitments Under CUSMA

JD Supra Law

On October 3, 2022, the majority of the amendments introduced by the Rules Amending the Patent Rules on June 2, 2022, came into force and effect. The amendments aim to streamline the patent examination process and bring Canada in line with the patent term adjustment regime as required by the Canada-United States-Mexico Agreement (“CUSMA”; known in the U.S. as “USMCA”).

Patent 52
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FedEx Agrees To Resolve Data Processing IP Suit

IP Law 360

FedEx has entered into an agreement to end a suit accusing it of infringing three search queries and database processing patents, less than a week after the Federal Circuit threw out a Texas federal judge's refusal to transfer the suit to Tennessee.

IP 52
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In pursuit of value—not work

McKinsey Operations

Are you working for work’s sake or creating value?

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PTAB Wipes Out 3 Patents Involved In Food Wrapping IP Fight

IP Law 360

The Patent Trial and Appeal Board has invalidated claims in three Converter Manufacturing LLC food wrapping patents, rejecting its argument that Tekni-Plex Inc.'s challenges should have failed because the prior art it relied on to kill the patents was inoperable.

Patent 52
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Upcoming Webinar! Protecting Confidential Information and Client Relationships in the Financial Services Industry

Trading Secrets

Wednesday, November 16, 2022 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific. REGISTER HERE. In the seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will focus on trade secret and client relationship considerations in the banking and financial services industry.