Fri.Dec 09, 2022

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The Trademark Protection Playing Field

Erik K Pelton

With the FIFA 2022 World Cup in full swing, it is a great time to review the “playing field” for trademark protection. Goalie – The ultimate protector and backstop: Trademark Registration. Defense – Common law rights acquired by use of the mark. Midfield – Both attacking and defensive for protection when needed: Issuing ‘cease and desist’ letters when infringements occur.

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Call for Interns and SpicyIP Fellows!

SpicyIP

Are you interested in transparency and accountability in the Indian IP ecosystem and looking to work on engaging projects? Or think a decision is interesting to analyze and write an opinion on? . Well, we have good news for you! . SpicyIP is presently looking for enthusiastic individuals for the following positions :-. 1. SpicyIP Fellowship : SpicyIP Fellows are typically sharp, passionate bloggers, interested in researching and writing on developments in intellectual property rights and the inn

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Google Reveals Surge in Questionable Removal Requests From Russian Government

TorrentFreak

Google processes millions of takedown notices every day, most of them filed by copyright holders. A separate stream of removal demands contains requests by government entities. These are not as common as copyright complaints, but across all Google platforms the numbers quickly add up. Government Takedown Transparency. A few days ago Google quietly published its latest Government takedown transparency report.

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Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

by Kieran McCarthy. [Eric’s note: this is the second of a two-part series on the denouement of the hiQ v. LnkedIn case, which ended this week with a total loss for hiQ. The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. This part debunks some of the myths that have grown up around the hiQ case during the years of judicial confusion it has caused.].

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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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Advanced Pirate IPTV Blocks Proposed By Football Club-Owning Politician

TorrentFreak

With much of the legal groundwork completed in Europe, blocking pirate sites and services is often a case of rightsholders following established procedures and waiting for the rubber stamp of approval. The problem for rightsholders is that waiting for weeks or even days can introduce new complications. And for live sporting events, especially football matches, a 90 minute wait is effectively useless.

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Tattoo Trouble for Video Game Creators

IPilogue

Govind Kumar Chaturvedi is an IPilogue Writer and an LLM graduate from Osgoode Hall Law School. On 30 September 2022, the much-awaited jury verdict for Alexander v Take Two Interactive Software Inc. & Ors. was released. In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of th

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The Briefing by the IP Law Blog: The Sneakerhead Breakup of the Century – Yeezy and Adidas

The IP Law Blog

Adidas, which manufactures and sells the wildly popular “Yeezy” line of shoes in partnership with rapper Kanye West, recently terminated the relationship after anti-Semitic statements by the star. In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future.

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The Nagoya Protocol: Regulating Research in the Wake of Biopiracy

JD Supra Law

What if I told you that there was a plant that could be used to treat diabetes, liver problems, ulcers, leukemia, and malaria? Understandably, you would want that plant to be studied and turned into medicine if possible.

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Art Editor Asks Justices To Resolve Circuit Split On Fair Use

IP Law 360

An art editor has urged the U.S. Supreme Court to take up his dispute with a copyright holder over a French court's €2 million infringement judgment regarding photos of artist Pablo Picasso's work, arguing that the Ninth Circuit parted ways with its sister circuits when it determined that his use of the photos didn't count as fair use.

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Sanofi-Aventis U.S. LLC v. Apotex Corp. Jevtana® (Cabazitaxel)

JD Supra Law

Case Name: Sanofi-Aventis U.S. LLC v. Apotex Corp., C.A. No. 20-cv-804-RGA, 2022 WL 2643532 (D. Del. July 8, 2022) (Hall, J.) Drug Product and Patent(s)-in-Suit: Jevtana® (cabazitaxel); U.S. Patents Nos. 8,927,592 (“the ’592 patent”), 10,583,110 (“the ’110 patent”), and 10,716,777 (“the ’777 patent”).

Patent 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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Proposed PTAB rules good but won't change much for in-house

Managing IP

The USPTO’s proposal to expand opportunities for non-registered lawyers at the PTAB could help in-house counsel if the attorneys have the right experience.

IP 98
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Presenting Complicated Technology Effectively at the PTAB

JD Supra Law

The PTAB recently hosted a Boardside Chat on effectively presenting technology in AIA proceedings. Patent Trial and Appeal Board Boardside Chat: Presenting Technology in AIA Proceedings, (Nov. 17, 2022) (“Presenting Technology”). Three APJs and two experienced practitioners discussed several strategies for an effective presentation including knowing the audience, determining where technology descriptions should be included throughout the life of the litigation, providing effective technology.

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2022: The year in innovation

McKinsey Operations

After two years of pushing beyond the traditional article and toward more engaging, accessible, and interactive forms of storytelling for some of our highest-priority insights, we offer this new year-end wrap-up of our adventures in innovative publishing.

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Biden-Harris Administration Celebrates First-Year Accomplishments Under President’s Federal Sustainability Plan

U.S. Department of Commerce

Biden-Harris Administration Celebrates First-Year Accomplishments Under President’s Federal Sustainability Plan. December 9, 2022. KCPullen@doc.gov. Fri, 12/09/2022 - 09:52. In conjunction with anniversary, Administration releases Agency Sustainability Plans. One year ago, President Biden delivered the most ambitious Federal Sustainability Plan ever by issuing Executive Order 14057 on Catalyzing America’s Clean Energy Industries and Jobs Through Federal Sustainability.

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Why high-quality partnerships are key to funding net-zero strategies

McKinsey Operations

Governments and companies are committed to the decarbonization agenda. How can banks reconcile their risk appetite and play a role in funding the transition to net-zero?

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Johns Hopkins says the dumbest thing about trademark I've seen in a while

43(B)log

" Every use of the JHU Name and Marks conveys an association with JHU and potentially affects the institution’s reputation," says the university's policy linked to in this report on JHU's request for a disclaimer on Real Housewives of Potomac , which apparently features a JHU professor as one of the cast members. Of course, the university itself recognizes that's patently stupid by requesting a disclaimer from the show (which by its own dumb logic would "convey an association" too).

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Going green: How banks are advancing the transition for their clients

McKinsey Operations

Asia’s net-zero agenda requires mobilization of massive capital—and other obstacles lie ahead. How do banks rise to the challenge—and opportunity—of the times?

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J&J Unit Hit With $12M Verdict In Spinal Implant IP Suit

IP Law 360

A Delaware federal jury on Friday found that Johnson & Johnson unit DePuy Synthes Sales Inc. infringed a spinal fusion surgery patent under the doctrine of equivalents and owed $12 million to RSB Spine LLC.

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‘Our vision is a Friendship Bench within walking distance—everywhere’

McKinsey Operations

Zimbabwe-based psychiatrist Dixon Chibanda shares insights on mental health, the evolution of his community-based Friendship Bench initiative, and why grandmothers make great talk therapists.

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Brand Battles: Prudential Takes Aim At WWE's 'The Rock' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Prudential is trying to cancel World Wrestling Entertainment's trademark rights for "The Rock," saying that WWE has abandoned the mark since the wrestler-turned-actor retired from the industry years ago — plus two other cases you need to know.

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Federal Circuit Rejects Mandamus Plea Seeking to Dodge Delaware Judge’s Disclosure Orders

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday denied a petition for writ of mandamus asking the Delaware district court to vacate an order to produce certain documents to ensure compliance with Chief Judge Connolly’s standing orders on initial disclosures in patent litigation cases. Nimitz Technologies LLC petitioned the CAFC asking it to vacate a November 10, 2022, order by the Delaware court demanding Nimitz produce documents including communications between Nimitz owner,

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Harvey Weinstein Jury Deliberates For 1 Week Without Verdict

IP Law 360

A Los Angeles jury considering rape and sexual assault allegations against Harvey Weinstein wrapped up nearly a week of deliberations Friday without reaching a verdict, but also without asking any questions of the court or reporting being deadlocked on any of the seven charges.

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2022: The year in charts

McKinsey Operations

Here’s a look back at some of our favorite data visualizations from the year.

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9th Circ. Skeptical Of $1.7M Atty Fees For $53K Napster Deal

IP Law 360

A Ninth Circuit panel on Friday appeared open to undoing a California federal judge's award of $1.7 million in fees to plaintiffs' attorneys in a royalties class action against Napster that yielded songwriters just $53,000, with one judge calling the fee award "wildly disproportionate" to the outcome.

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2022: The year in images

McKinsey Operations

Reflecting on the past year sheds light on pivotal moments and forges the path toward a resilient future.

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TTABlog Test: Is "SMALL WINS" Confusable with "BIG WIN" for Candy?

The TTABlog

The USPTO refused to register the mark SMALL WINS for "sweets and candies, namely, gummies and soft candies," finding confusion likely with the registered mark BIG WIN for "candy." The goods are legally identical, and so the Board presumed that they travel in the same trade channels to the same classes of consumers. But what about the marks? How do you think this came out?

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e& Group CEO: Transforming from a telco to a techco

McKinsey Operations

Hatem Dowidar discusses the source of his optimism about the telecom industry, the lessons of the recent past, and why the Middle Eastern and African operator required a radical organizational overhaul to position itself for future growth.

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Other Barks & Bites for Friday, December 9: United States Supports Delaying Decision on TRIPS IP Waiver Extension; Pfizer Countersues Moderna over Vaccines; Ericsson and Apple Settle

IP Watchdog

This week in Other Barks & Bites: the Office of the United States Trade Representative says it supports delaying a decision to extend the waiver of IP rights under the TRIPS Agreement to diagnostics and therapeutics and orders an investigation be conducted on the matter by the U.S. International Trade Commission; Ericsson and Apple Settle all patent litigation; the U.S.

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Upcoming Webinar! Overview of Non-Compete Legislation and Enforcement Issues from 2022

Trading Secrets

Wednesday, December 21, 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. In the final installment of our 2022 Trade Secrets Webinar Series, our team will focus on new legislation and the enforcement of non-competes. Any company that seeks to use non-compete and non-solicitation agreements to protect its trade secrets, confidential information, client relationships, goodwill, or work forces needs to stay inform

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Huawei Inks 5G Licensing Deal With Oppo

IP Law 360

Huawei said Friday that it reached a global cross-licensing deal with smartphone maker Oppo, one of its major rivals in China.

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Global Perspective on Patenting of Blockchain, Crypto, and DeFi Technologies

JD Supra Law

The proliferation of blockchain, cryptocurrency, and decentralized finance (DeFi) applications in recent years has been accompanied by a surge in patent filings worldwide by blockchain tech developers. And, despite some early reluctance of national patent offices to recognize the patentability of these emerging technologies, many national patent law and patent application examination regulations have been revised in recent years to recognize their patentability.

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Ready, set, grow: Winning the M&A race for renewables developers

McKinsey Operations

As competition rises, acquirers will become more disciplined to capture value from renewables targets by aligning with long-term strategy, enhancing due diligence, and ensuring business continuity.

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Design Patent Protection Remains a Valuable Tool for Automotive Manufacturers

JD Supra Law

Design patents for component parts are an appealing option for many automotive manufacturers. A design patent is a form of intellectual property right that protects “any new, original and ornamental design for an article of manufacture.”.

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The Briefing by the IP Law Blog: The Sneakerhead Breakup of the Century – Yeezy and Adidas

LexBlog IP

Adidas, which manufactures and sells the wildly popular “Yeezy” line of shoes in partnership with rapper Kanye West, recently terminated the relationship after anti-Semitic statements by the star. In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future.

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Game Over when Expert Fails to Use Correct Claim Construction

JD Supra Law

The US Court of Appeals for the Federal Circuit concluded that a district court did not abuse its discretion in striking expert testimony where the testimony did not rely on an agreed and court-adopted claim construction. Treehouse Avatar LLC v. Valve Corp., Case No. 22-1171 (Fed. Cir. Nov. 30, 2022) (Lourie, Reyna, Stoll, JJ.).

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