Mon.Jan 16, 2023

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What Are Common Law Trademark Rights

Erik K Pelton

The following is an edited transcript of my video What Are Common Law Trademark Rights? What are common law trademark rights? These are rights that a business receives from using a trademark, brand name, logo, slogan, or some other indicator or source without registering it. There is not a requirement to register it—many businesses begin using their trademarks before they register them.

Trademark 147
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Thaler Files Motion for Summary Judgment in Latest Bid to Argue AI-Authored Works Should Be Copyrightable

IP Watchdog

Last week, artificial intelligence (AI) systems developer Dr. Stephen Thaler filed a motion for summary judgment in the U.S. District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems. Thaler’s motion for summary judgment argues that AI-generated works are copyrightable under U.S. federal law and that the copyright should vest in Thaler under common law property principles and the work made for hire doctrine.

Copyright 127
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Police Complaint Removes Pirate Bay Proxy Portal from GitHub

TorrentFreak

By now, various courts around the world have concluded that The Pirate Bay is a copyright-infringing website. In response to various court orders over the years, the notorious torrent site was blocked by dozens of ISPs all around the world. That’s also the case in the UK, where The Pirate Bay was added to the local piracy blocklist over a decade ago.

Music 127
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2023, a testing year: Will the macro-scenario range widen or narrow?

McKinsey Operations

Will the world move to solve its structural problems and make superior short-term choices? Yes or no: that’s the first question on the test.

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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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Combating IPTV Piracy: EC Calls for Evidence to Support Mitigation ‘Toolbox’

TorrentFreak

Rightsholders involved in the creation and broadcasting of live events say their businesses face a persistent threat from unlicensed and illegal competition. Since live sports sector stakeholders are particularly vulnerable, undermining pirate IPTV services is a key priority. Civil enforcement – including hard-fought proactive and real-time ISP blocking measures – may have had some positive effect, but pirate IPTV subscriptions are selling well and rightsholders are still worried.

Marketing 110
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Powering the Future: Insights on Energy Innovation from a Semester at Alectra (IP Intensive Reflection)

IPilogue

Egin Kongoli is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive program. When I was first assigned a utility provider as my placement for the Intellectual Property Law and Technology Intensive, I thought, “What does providing electricity have to do with intellectual property?

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What are Supplemental Register pros and cons?

Patent Trademark Blog

What does a registration on the Supplemental Register mean? Did you know that there are actually two different USPTO registers on which you can obtain a federal trademark registration ? By default, the Principal Register is what nearly every applicant seeks in a typical trademark application. Either register will give you a federal trademark registration, but the Supplemental Register (SR) does not include certain advantages and legal presumptions affored by the Principal.

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Canadian Patent law 2022: A Year in Review

JD Supra Law

2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a range of court decisions addressed important issues. We considered over 60 patent decisions reported last year. In this article, we highlight statutory changes and a selection of interesting points addressed in the reported decisions.

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[Guest post] No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustion

The IPKat

The IPKat has received and is pleased to host a new contribution by former GuestKat Jan Jacobi. Here’s what Jan writes: No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustion by Jan Jacobi As explained in an earlier blog , proving trade mark exhaustion (within the meaning of Article 15 of the Trade Mark Directive ) can be a very challenging task.

Marketing 130
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Opus audio codec pool launches with royalty discount for early adopters

IAM Magazine

Pool operator Vectis IP offers a licence to 300 Fraunhofer and Dolby patents for €15c per hardware device – but those quick to move unlock a 33% discount

IP 98
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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 Law Bytes Podcast, Episode 152: Konrad von Finckenstein on the Challenges That Lie Ahead for the CRTC

Michael Geist

The start of a new year often means a fresh start and for the CRTC, it meant welcoming a new chair, as Vicky Eatrides officially took over as chair a few days into 2023. Eatrides comes to the Commission at a particularly busy time with wireless competition concerns top of mind for many Canadians and the government set to ask the Commission to play a pivotal role in implementing Bills C-11 and C-18.

Law 85
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Intellectual Property And The Festival Of Halloween

IP and Legal Filings

Introduction. Halloween originated with the ‘Samahain’ , an ancient Celtic festival. Around the eighth century, Pope Gregory III declared 1 st November as the new year and 31 st October as ‘Hallows Eve. Later this day came to be celebrated as Halloween. On Hallows Eve people wore costumes and lit bonfires to keep the ghosts at bay and prevent any misfortune they may cause.

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Earning IP Protection for Your Software Applications

IP.com

The post Earning IP Protection for Your Software Applications appeared first on IP.com - IP Innovation and Analytics.

IP 94
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Artpusher, Copenhagen

43(B)log

Seen by an eagle-eyed correspondent, Artpusher has some interesting art on display featuring some well-known and litigious brands, including: The artist in a "Murder King" shirt, also featured in his art; No. 19 Covid/China neon art; protest sign The No. 19 Covid/China image has generated some controversy. Some other art, including Supreme State of Mind : Murder King : In the style of Tintin + Lego minifigs, Elon Musk/Destination Mars : There are also wearables : [link].

Art 59
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The big crunch

Likelihood of Confusion

It’s another big moment in blogger “transparency” upon us now. The general rule is that the person who hasn’t “disclosed” enough to meet some preposterous concept of transparency is. The post The big crunch appeared first on LIKELIHOOD OF CONFUSION™.

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survey + D's own website plausibly show materiality of presence of even small amounts of phthalates

43(B)log

Stuve v. Kraft Heinz Co., 2023 WL 184235, No. 21-CV-1845 (N.D. Ill. Jan. 12, 2023) Plaintiffs alleged that Kraft Mac & Cheese deceptively omitted information, misleading purchasers into believing that Kraft Mac & Cheese is free from phthalates—“plasticizing chemicals that, at certain levels, can be dangerous to consume.” Plaintiffs filed this complaint in federal court pursuant to the Class Action Fairness Act of 2005, They alleged violations of multiple state consumer fraud and deceptiv

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The Impact of Bankruptcy on IP Licensor and Licensee Rights

JD Supra Law

In November 2021, Bitcoin reached its peak at over $68,000 per coin. The NASDAQ sat over 16,000. And homes were being snatched up at record prices at a record pace. What a difference a year makes. By: Brooks Kushman P.C.

IP 55
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Karine Pansa Becomes IPA President

Velocity of Content

Founded in 1896, the International Publishers Association continues to admit new member countries, most recently including three African nations and one from Central America. Also new for IPA is its president, Karine Pansa of Brazil, who took office on January 1, 2023, for a two-year term. A special focus for Karine Pansa and IPA is to encourage members to increase accessibility in their works.

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President Biden Signs the "Unleashing American Innovators Act" Into Law on 12/29/2022

JD Supra Law

The Unleashing American Innovators Act, which formed part of the Consolidated Appropriations Act of 2022, was signed into law by President Biden on December 29, 2022. This Act increased the discount on most patent-related fees payable to the United State Patent and Trademark Office by small and micro entities.

Law 55
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Ping® By Adlerlaw – Illinois Evidence Rules on Admissibility of Cell Phone Video

LexBlog IP

This month’s issue of Ping® highlights Illinois rules regarding use of iPhone-recorded video in a criminal trial. In case you missed it, my article, “Six Things You Can Do to Improve Your Contracts,” from ASID Impact Illinois Magazine, Issue Two, 2022, is discussed below. Six Things You Can Do to Improve Your Contracts. In case you missed it, my article “Six Things You Can Do to Improve Your Contracts” appeared in ASID Impact Illinois Magazine, Issue Two 2022,

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PTAB Institutes Mylan’s Two EYLEA (aflibercept) IPRs

JD Supra Law

As we previously reported, Mylan recently filed three IPR petitions challenging claims of Regeneron patents directed to treating angiogenic eye disorders with aflibercept, the active ingredient in Regeneron’s Eylea product—IPR2022-01225 (challenging U.S. Patent No. 10,130,681), IPR2022-01226 (challenging U.S. Patent No. 10,888,601), and IPR2023-00099 (challenging U.S.

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Health Data: European Commission Proposes new Rules on Access and Use

LexBlog IP

In May 2022, the European Commission published a proposal to establish a European Health Data Space (“EHDS”). The Commission’s EHDS proposal aims to improve access by individuals to their health data (primary use) and facilitate the re-use of health data for societal good across the European Union (secondary use). The European Commission’s aim is to adopt the EHDS by the end of its current mandate (October 31, 2024).

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PTAB Denies Discovery of Draft Declaration

JD Supra Law

On November 18, 2022, a panel of three PTAB administrative patent judges denied a Patent Owner’s Request for Additional Discovery in Twitter, Inc. v. Palo Alto Research Center Inc., IPR2021-01398. The PTAB found that additional discovery would not be in the interest of justice in this particular case.

Patent 52
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Opus audio codec pool launches with royalty discount for early adopters

IAM Magazine

Pool operator Vectis IP offers a licence to 300 Fraunhofer and Dolby patents for €15c per hardware device – but those quick to move unlock a 33% discount

IP 52
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Courts Offer More Guidance on Enforcing Rights to Brands and Images Used with NFTs

JD Supra Law

Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to be one of the most common schemes for their use.

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Small UK company on the verge of windfall from potential Samsung settlement

IAM Magazine

Nanoco Technology counts IP as a “key strength” with manufacturing royalties and patent licence fees as a small but growing part of its revenue base

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Removing Barriers to Lean Six Sigma Methodology Implementation

IP.com

The post Removing Barriers to Lean Six Sigma Methodology Implementation appeared first on IP.com - IP Innovation and Analytics.

IP 52
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Small UK company on the verge of windfall from potential Samsung settlement

IAM Magazine

Nanoco Technology counts IP as a “key strength” with manufacturing royalties and patent licence fees as a small but growing part of its revenue base

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Exclusive: Pure Storage to launch innovation programme

Managing IP

The company’s patent team will reward employees for submitting non-technical ideas as part of its new initiative.

Patent 52
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Nokia’s UK victory over Oppo sets stage for London FRAND trial

IAM Magazine

Finnish SEP owner enjoys more success in Europe, but decisions elsewhere could be more important

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Exclusive: Dolby-backed Opus pool reveals royalty demands

Managing IP

The Vectis IP pool will charge €15c per unit for access to patents covering the Opus audio technology standard.

IP 52
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Nokia’s UK victory over Oppo sets stage for London FRAND trial

IAM Magazine

Finnish SEP owner enjoys more success in Europe, but decisions elsewhere could be more important

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Should I Stay or Should I Go Now?

LexBlog IP

The Federal Trade Commission has proposed a rule that would prohibit most non-compete clauses in employment contracts, calling it “a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.” The agency estimates that the rule may increase wages by nearly $300 billion per year and expand career opportunities for approximately 30 million workers.

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SpicyIP Weekly Review (January 10- January 16)

SpicyIP

After another busy week here at SpicyIP, we bring out the quick summaries of the 6 blogposts that were put up, along with 12 case summaries and national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Highlights of the Week. Bill to Decriminalise IP Offences Misses the Mark and Dilutes Significant Provisions.

Trademark 102
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Another case of catastrophic comma loss (T 1473/19): Interpreting the claims in view of the description

The IPKat

The Board of Appeal in the recent decision T 1473/19 revoked a patent for added matter following a normal interpretation of the claims that lacked basis in the description. The discrepancy between the meaning of the claims and the description was the result of a loss of commas delineating a crucial sub-clause in the claims. The decision in T 1473/19 has many similarities with that of T 1127/16 , in which the Board of Appeal revoked a patent for added matter occasioned by the lack of a single com

Patent 113