Tue.Jan 18, 2022

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Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Plagiarism Today

On Saturday, the crypto Group Spice DAO took to Twitter to explains their plans for one of their non-crypto acquisitions. Last year, the group spent €2.66 million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. The book, which details the effort by Chilean filmmaker Alejandro Jodorowsky to make a Dune film in the 1970s, is indeed a rare and valuable book.

Copying 335
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Adblocking Does Not Constitute Copyright Infringement, Court Rules

TorrentFreak

In order to finance their operations, millions of websites rely on advertising to generate revenue. For some readers, however, excessive or obtrusive advertising is something to be combatted, often through the use of adblocking tools. Developed by German company Eyeo GmbH and available on Firefox, Chrome, Safari, Android and iOS, one of the most popular tools is AdBlock Plus.

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3 Count: Contemptible Rimini

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Support Specialist Rimini Street Found in Contempt of Court for Continued Oracle Copyright Infringements. First off today, Lindsay Clark at The Register reports that Oracle support specialist firm Rimini Street has been ordered to pay some $630,000 in sanctions after ruling that the company had repeatedly violated a permanent injunction that ordered the company to not infringe Oracle software.

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Düsseldorf Higher Regional Court asks CJEU regarding the role of alternative designs in establishing functionality

The IPKat

While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). The case goes as follows. The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right).

Designs 109
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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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Creator Spotlight with Artist Kasey Lynn Wisnom

Copyright Alliance

This week we’d like to introduce you to artist Kasey Lynn Wisnom. What was the inspiration behind becoming an artist? What do you enjoy most about the creative process? My […]. The post Creator Spotlight with Artist Kasey Lynn Wisnom appeared first on Copyright Alliance.

Copyright 104
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Biotech of the Future: Fashion’s Role in Climate Change

IPilogue

Photo by Francois Le Nguyen ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . 2022 is primed to be an important year for humanity’s actions against global warming. COP26 (Conference of Parties) reaffirmed existing climate change discussions. It generated momentum that must continue to meet the goal of the 2015 Paris Agreement by 2050: to reduce the Earth’s temperature by 1.5°C. 196 Parties adopted this internationally binding treaty.

Designs 104

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‘Criminal’ VPN Shut Down By Europol and International Law Enforcement

TorrentFreak

In common with all communications systems such as telephone networks, internet service providers and even email, VPN services can be used by honest citizens and criminals alike. In terms of staying within the boundaries of the law, the important factor is whether the communications provider or service actively and knowingly encourages or facilitates illegal activities.

Law 94
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This Audiobook Was Narrated By No One

Velocity of Content

High-level text-to-speech technology (TTS) has made it possible for Siri and Alexa to answer questions and follow commands for a decade. Now, the latest in TTS may mean TTFN – ta-ta for now! – for traditionally-produced audiobooks. Audiobooks are an increasingly important piece of the revenue pie for publishers. In 2020, audiobook sales topped $1.3 billion, a 12% jump over 2019.

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Mad as a hornet over copyright infringement?

BYU Copyright Blog

On January 3, 2022, Michael James Otto ("Otto") filed suit against Minnesota Independent School District No. 273 (the "District"), claiming that the District violated the longstanding copyright permissions agreement that governed the District's use of a hornet logo designed by Otto (the "Logo"). Otto's Complaint alleges that he and the District entered into a contract on August 5, 1981, allowing the District's Athletic Department to use the Logo, but requiring written permission from Otto for sp

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Best of 2014: Law blogging — Time is of the essence. Not.

Likelihood of Confusion

Originally posted on May 29, 2014. Had a delightful lunch with a couple of very interesting lawyers yesterday. It would have been perfect if they hadn’t both lingered over salad nicoise. The post Best of 2014: Law blogging — Time is of the essence. Not. appeared first on LIKELIHOOD OF CONFUSION™.

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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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Urgent requests for declaration of non infringement (DNI)? Frequently DeNIed…

The IPKat

Many domestic cats would probably like to know in advance whether a certain activity on their part is permitted (eg. jumping on the bed while the owner sleeps). Similarly, many business cats would like to know in advance whether or not one of their products could be considered to infringe the intellectual property rights of a competitor. For domestic cats, the only way to know whether a certain activity is infringing is to use a try-and-see approach.

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Ericsson Ups FRAND War Against Apple With WDTX Suits

IP Law 360

Ericsson has fired the latest salvo in its battle with Apple over patents essential to telecommunication standards, including 5G, filing a pair of lawsuits in the Western District of Texas and a complaint at the U.S. International Trade Commission.

Patent 75
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This Week in Washington IP: America’s Sputnik Moment with China, Promoting Secure Transatlantic Supply Chains for Critical Tech, and the Energy Impacts of Crypto Mining

IP Watchdog

This week in Washington IP news, several committee hearings in the House of Representatives will focus on major tech issues. The House Oversight Committee on Thursday explores the energy impacts of cryptocurrency mining, while on Wednesday afternoon the House Europe Subcommittee will discuss ways to improve resiliency in transatlantic supply chains for critical technologies.

IP 64
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PTAB Institution Rate Is Up In Early FY '22, Filings Hold Steady

IP Law 360

The Patent Trial and Appeal Board has granted 66% of all petitions in the first two months of fiscal year 2022, an increase over the institution rate for the prior fiscal year, while the number of petitions being filed is holding steady, PTAB statistics show.

Patent 75
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19th Century Patent Law: Initial Disclosures for the Defense

Patently-O

by Dennis Crouch. Even if you are not a litigator, you may still remember learning about the R.26(a)(1) initial disclosures required at the start of a lawsuit. Some areas of law have particular additional disclosure requirements. One example — old patent law. The Patent Act of 1836 included a unique disclosure requirement for defendants raising a defense that patent was invalid because the invention was already publicly known or used.

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Apple Says 'Serial' Litigant's Florida Suit Belongs In California

IP Law 360

Apple has urged a Florida federal judge to move an antitrust suit over its App Store to northern California, where a district court has already tossed what the tech giant says are similar claims from a "serial" litigant who wants to end-run the previous ruling.

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Return of the ‘Hold-Up’ Bogeyman: Analyzing the 2021 Draft Policy Statement on SEPs Subject to Voluntary F/RAND Commitments (Part III)

IP Watchdog

In Part II of this series, we considered the language of a specific licensing commitment made to European Telecommunications Standards Institute (ETSI) and the prevailing law relating thereto. In this Part III, we consider the 2021 Draft Policy Statement with a particular view to highlighting its inconsistencies with the ETSI framework and the inapplicability of the hold-up narrative to the situation involving an individual United States patent.

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Bleacher Report Accused Of Swiping NFL Player Picture

IP Law 360

Sports website Bleacher Report was hit with a copyright suit by a New Jersey-based photographer in New York federal court that alleges the outlet posted a photograph of New York Giants tight end Evan Engram without permission.

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Robert Milligan to Speak at AIPLA Mid-Winter Institute on Developments in Trade Secrets Law

Trading Secrets

Robert Milligan, Seyfarth Partner and Co-Chair of the Trade Secrets, Computer Fraud & Non-Competes Practice Group, is a speaker for the “Closing Plenary – Mid-Year Updates and Ethics of Inventorship of AI Patenting” session at the American Intellectual Property Law Association (AIPLA) Mid-Winter Institute on February 4 at 9 a.m. Pacific, in Rancho Mirage, California.

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Rolling Paper Co.'s CEO Sanctioned For Social Media Posts

IP Law 360

An Illinois federal judge sanctioned the CEO of the company that makes Raw rolling papers on Tuesday for posting a video on social media relating to an intellectual property dispute against a rival while jurors were deliberating in the case.

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Precedential No. 3: TTAB Grants Motion to Supplement Notice of Opposition to Add Post-Filing Trademark Applications

The TTABlog

Topco Holdings opposed registration of READY4LIFE for sanitizers for personal use, alleging a likelihood of confusion with its registered marks READY FOR LIFE and SIMPLY DONE READY FOR LIFE for various personal goods and cleaning products. On August 3, 2021, after Applicant Hand 2 Hand had answered, Topco filed a motion to amend and supplement its notice of opposition to add to its Section 2(d) claim by pleading two applications filed after this opposition was commenced (March 4, 2021), and also

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"false association with EPA" claim can be brought by competitor

43(B)log

ISK Biocides, Inc. v. Pallet Machinery Group Inc., No. 3:21-cv-386, 2022 WL 122923 (E.D. Va. Jan. 12, 2022) The parties compete in the market for wood protection products. ISK alleged that defendants misrepresented the safety, environmental impact, and regulatory status of their products. The court denied the motion to dismiss the Lanham Act claims but kicked out the coordinate Virginia state law claims.

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An International Drama Over the Maradona Heir’s Right to Use Their Dad’s Name

IP Tech Blog

The heirs of Argentinian soccer super star, Diego Maradona, as well as a John Doe identified only by an IP address, have been sued for trademark infringement based on their use of the name “Maradona.” The suit was filed on January 13, 2022, and is just another episode in an ongoing struggle over the rights to the likeness and image of Diego Maradona.

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The EPO and UKIPO approaches to AI and patentable subject matter

IAM Magazine

Co-published - Although the UK is a member of the European Patent Organisation, there are ways in which the two agencies differ in how they look at granting protection in the field.

Patent 52
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California Enacts a New Law about Olive Oil Labeling

LexBlog IP

The new year is unfolding, and we are unexpectedly back in our kitchens, or should be, as we minimize socializing in indoor restaurants and bars. A downer, to be sure, but also an opportunity to reflect on some legal issues affecting food and wine. With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge.

Law 52
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High Court Asked To Review $5M Atty Fees In Fracking IP Suit

IP Law 360

The U.S. Supreme Court has been asked to look into whether the Federal Circuit created "uncertainty and confusion" when it affirmed that a patent dispute over fracking technology was exceptional and warranted granting $5 million in attorney fees.

IP 52
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PTAB Finds Wire Payment Effective When Received by Treasury

LexBlog IP

The Check is in the Mail! Not much exciting going on at the PTAB until the new Director arrives in a few weeks. But, there was at least one new POP decision that is worth mentioning. In Toshiba America Electronic Components, Inc. v. Monument Peak Ventures, LLC the Precedential Opinion Panel (POP) held that payment for an AIA trial petition is effective when received by the Treasury.

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Gilead Says Counterfeit Ring Swiped Its HIV Drug Branding

IP Law 360

Gilead Sciences said a massive ring of small-time drug distributors and pharmacists was filling the biotech company's branded HIV medication bottles with potentially dangerous drugs and selling the counterfeit pills to patients, according to a civil case unsealed Tuesday in New York federal court.

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Interesting Patents | January 18, 2022

LexBlog IP

Interesting Patents. TUESDAY, January 18, 2021. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents? Visit our Patents Page here.

Patent 52
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Proposed Changes to the Canadian Patent Rules

JD Supra Law

The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules. These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics.

Patent 52
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Brand NFT Advertising Basics, or One for All of Us Who Wanted a Pony Growing Up, Who Don’t Quite Get the NFT Buzz, and Who Really, Really Need a Vacation

LexBlog IP

This may be one of the best ads in recent memory – an ad promoting visiting Lexington, Kentucky, horse capital of the world. The ad promises to make kids’ holiday dreams come true with the opportunity to buy “Non Fungible Thoroughbreds” at VisitLEX. The horses have names like Ol’ Pixel Face, iHorse, OpenSea Biscuit, Notta Pony and Champing at the Bitcoin.

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[Guest post] The new German competition tool in action – Ensuring the effectiveness of the new press publisher’s neighbouring right against Google

The IPKat

The IPKat has received the following comment from Katfriend Moritz Sutterer (Doctoral Student and Junior Research Fellow at Max Planck Institute for Innovation and Competition) on a new competition tool that the German Competition Authority tried very recently on a firm 'of paramount significance for competition across markets' - Google - concerning neighbouring rights.

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Looking to the Future of Cryptocurrency: Long-Term Tenant or Fad Trend?

LexBlog IP

By: Kathryn Overby. With the emergence of Bitcoin in 2009 and its rapid growth over the last year , supporters and skeptics of cryptocurrency are asking one main question: What is the future of crypto ? As of 2021, there were nearly 6,000 types of cryptocurrencies, many of which made headlines when Reddit traders pushed Game Stop and Dogecoin stock, resulting in a price surge.

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[Ongoing Program] Recent Developments in Corporate M&A and Commercial Restrictive Covenants - February 8th, 12:00 pm - 12:30 pm ET

JD Supra Law

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection of trade secrets by contract, including non-competes and confidentiality provisions, is under attack around the country. An ever-changing patchwork of recent state legislation, federal administrative action, and an increasing number of cases being decided on these issues.

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An International Drama Over the Maradona Heir’s Right to Use Their Dad’s Name

LexBlog IP

The heirs of Argentinian soccer super star, Diego Maradona, as well as a John Doe identified only by an IP address, have been sued for trademark infringement based on their use of the name “Maradona.” The suit was filed on January 13, 2022, and is just another episode in an ongoing struggle over the rights to the likeness and image of Diego Maradona.