Wed.Jun 08, 2022

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3 Count: Switched Switch

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Photographer Sues Leaseweb for Hosting ‘Copyright Infringing’ Sites. First off today, Ernesto Van der Sar reports that a photographer has filed a lawsuit against the hosting company Leaseweb, claiming that the company has ignored copyright infringements taking place on its network.

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On World Anti-Counterfeiting Day, shouldn’t we start by stopping those imitating the USPTO?

Erik K Pelton

Today is apparently something called “World Anti-Counterfeiting Day” This day is used – by big companies no doubt, to call attention to the harm that fakes cause, and how prevalent they are. Fakes are a problem and one that is worthy of efforts to stop. Big brands – that make many millions of dollars – rightfully want to reduce the amounts of fakes.

Branding 147
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Trending Sources

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The Bill C-11 Effect: “Any Video on TikTok That Uses Music Could be Subject to Regulation”

Michael Geist

TikTok did not appear before the Standing Committee on Canadian Heritage as part of its Bill C-11 study, but one of the world’s most popular user generated content sites issued a warning that even Canadian Heritage Minister Pablo Rodriguez can’t ignore: if the bill becomes law, “ any video on TikTok that uses music could be subject to regulation under the Broadcasting Act.” TikTok’s analysis picks up where Rodriguez left off at committee as he sought to downplay t

Music 144
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NHL Broadcasters Win Canada’s First ‘Dynamic’ Pirate IPTV Blocking Order

TorrentFreak

With illegal streaming of live sporting events still causing headaches for leagues and broadcasters alike, rightsholders continue to demand more flexible tools to prevent infringement, especially via pirate IPTV services. ISP blocking is one of the preferred anti-piracy tools and in 2019, following a complaint from major media companies including Rogers, Bell and TVA, Canada’s Federal Court approved the country’s first blocking injunction targeting IPTV service GoldTV.

IP 142
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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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Vidal to Review Institution of Cases Against VLSI Under Interim Director Review Process

IP Watchdog

United States Patent and Trademark Office (USPTO) Director Kathi Vidal has intervened in two Patent Trial and Appeal Board (PTAB) cases that have caused much controversy in the patent world. Vidal yesterday granted Director Review in both OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064 and Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, both of which have been the subject of scrutiny by members of Congress and patent practitioners, since the petitioners involve

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‘Make VPN Detection Tools Mandatory to Fight Geo-Piracy’

TorrentFreak

The United States is actively exploring options to update copyright law to bring it into line with the current online environment. Most recently, the Copyright Office is looking into the option of making certain standard technical measures (STMs) mandatory for online platforms. This could include upload filters to block pirated content from being reuploaded.

Copyright 119

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The Much-Adapted “Peter Pan” (1904 – Forever )

Velocity of Content

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. At first, I was thinking of going with King Kong (1933 film and novel, 1976 film, and 2005 film and different novel) but those complexities were overwhelming.

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Ten ways to accelerate the benefits of digital health in Saudi Arabia

McKinsey Operations

Saudi Arabia has already taken steps to digitize its healthcare system and fast-track improvements in patient experience, quality of care, and efficiency.

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The Metaverse - Are You Prepared?

JD Supra Law

The Metaverse is a term used with increasing frequency in a broad array of industries including video game systems, social media platforms, and even healthcare. The Metaverse is a virtual environment whose digital attributes persist even if the user is not logged online.

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10 years of new gTLDs: why brands have never got the memo

Managing IP

The wave of new gTLDs in 2012 brought much fanfare, especially for IP owners, but have they lived up to the hype?

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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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Examining the Confounding Public Interest Statement by the FTC in a Recent ITC Investigation

IP Watchdog

On May 17, 2022, the Federal Trade Commission (FTC) submitted to Lisa Barton, Secretary of the International Trade Commission (ITC), a statement they believed was relevant to the public interest considerations before the Commission in a matter involving certain UMTS and LTE cellular communication modules (337-TA-1240). The ITC in many cases will invite statements on the Public Interest, and the FTC is often invited to make a submission.

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NIL Market Creates New Opportunity for “Non-Revenue” Sports and Regional Endorsers

JD Supra Law

As the world watches in awe at some of the staggeringly large NIL deals emerging in college sports, many have been equally surprised by which sports have garnered the most NIL attention and earnings. While most of the “Top NCAA NIL-earners” lists are dominated by the premier names of the “revenue sports” i.e., men’s football and basketball, there is a growing number of athletes signing notable NIL deals from “non-revenue” sports, namely gymnastics, wrestling, track & field, and golf.

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Registration and Protection Of Industrial Design In India

IP and Legal Filings

Intellectual Property Rights come in various forms. One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. In this blog we will talk about the process of registration and what type of protection is provided under the designs act.

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[Guest post] News in YouTube/Cyando: German Federal Court rules following CJEU decision

The IPKat

The YouTube/Cyando referrals kept EU copyright lawyers busy for a long time (Kat-coverage here ). After last year's ruling of the Court of Justice of the European Union, the ball was back in the (literal) court of Germany's Federal Court of Justice (BGH). A few days ago, the BGH had its say, as Katfriend Finn Hümmer (Stockholm University) reports. Here's what Finn writes: News in YouTube/Cyando : German Federal Court rules following CJEU decision by Finn Hümmer Less than a year after the Court o

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Sony Music Wants Bang Energy Sanctioned In Copyright Row

IP Law 360

Sony Music has pressed a Florida federal court to sanction Bang Energy, alleging that it deleted hundreds of social media videos at the center of Sony's copyright suit over music it claims was stolen and arguing that the drink maker failed to preserve "critical evidence.

Music 75
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DOJ, USPTO and NIST Withdraw SEP Policy Statements

IP Watchdog

The U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) have announced that they are officially withdrawing the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. However, the withdrawal does not reinstate the 2013 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments, which had been harshly criticized by m

IP 69
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Judge Admits Error In Disney Digital FX Copyright Fight

IP Law 360

A California federal judge said Wednesday that he will reconsider whether The Walt Disney Co. owes a portion of the profits from "Guardians of the Galaxy" and "Deadpool" to a digital effects company that claims its technology was unlawfully used to make the movies.

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Three Considerations for Defendants in NPE Patent Litigation

JD Supra Law

The first that many companies hear about patent litigation filed by a non-practicing entity (“NPE”) is when they receive a complaint initiating litigation. And the chances of being on the receiving end of NPE litigation are trending upward.

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5G standards and the stark divide between innovators and implementers

IAM Magazine

More than 70% of the technical contributions in the standardisation process have been submitted by just 10 companies and that poses a significant challenge for policymakers, write Qualcomm’s Georgios Effraimidis and Kirti Gupta.

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PTAB/USPTO Update - June 2022

JD Supra Law

USPTO Leadership -.In May, USPTO Director Kathi Vidal delivered official remarks at the International Trademark Association (INTA) Annual Convention, the Patent Public Advisory Committee (PPAC), and the Advanced Research Projects Agency–Energy (ARPA-E) Energy Innovation Summit. .

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The Art of Networking: Creative Hobby to Creative Career

Art Law Journal

Creativity is a way of life…but making creativity into a living can seem daunting — particularly when you don’t have an educational or professional background in art. If you are a non-professional artist who is eager to turn your artistic talents into a career, you’ve come to the right place. Together, Artrepreneur and Creative Circle have put together this comprehensive article series to support budding artists in the early stages of their art careers.

Art 52
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Domino's $2.7M Fee Win Can't Be Appealed, Judge Says

IP Law 360

A California federal judge has rebuffed a patent-holding company's bid for more time to appeal Domino's $2.7 million attorney fees award after the pizza-maker defeated a patent suit over digital menu technology, finding that the company unreasonably missed the filing deadline.

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The Who, What, Why, and How of NFTs, the Metaverse, and IP

LexBlog IP

Recently, Jennifer Ko Craft (Member, Las Vegas) and John Krieger (Member, Las Vegas) presented at ACC Nevada’s monthly virtual CLE webinar on “ The Who, What, Why, and How of NFTs, the Metaverse, and IP.” They discussed the basics of blockchain technology and opportunities in the metaverse as well as enforcement strategies for protecting digital assets.

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Unofficial, and in court

Likelihood of Confusion

Mike Mintz reports about a lawsuit brought in California by Brian Kopp, the publisher of an unofficial guidebook for a computer game called World of Warcraft that kept getting booted. The post Unofficial, and in court appeared first on LIKELIHOOD OF CONFUSION™.

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Algorithmic propagation: do property rights in data increase bias in content moderation? Part I

Kluwer Copyright Blog

Image by Gerd Altmann from Pixabay. Introduction. This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. It explores the possible links between conditional data access regimes and content moderation performed through data-intensive technologies such as fingerprinting and, within the realm of artificial intelligence ( AI ), machine learning ( ML ) algorithms.

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IPR estoppel on grounds similar, but not identical, to grounds that could have been raised in an IPR

JD Supra Law

In California Institute of Technology v. Broadcom Limited (“Cal Tech”), the Federal Circuit clarified the scope of inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(2), finding that it precludes petitioners from asserting in district court any grounds raised or that could have been raised in their IPR petitions. The Federal Circuit’s decision, however, did not resolve all open questions regarding IPR estoppel.

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DOJ, USPTO and NIST Withdraw 2019 Policy Statement on SEPs

IP Watchdog

The U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) have announced that they are officially withdrawing the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. However, the withdrawal does not reinstate the 2013 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments, which had been harshly criticized by m

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The examination practice and solution of a “continuation trademark application” (referring to a new trademark application filed by a trademark owner for a mark identical with or similar to an already registered trademark of his own)

JD Supra Law

In this era of fast development and change, the product structure is constantly innovating. Thus market players inevitably need to upgrade their trademarks from time to time. This will lead to a “continuation trademark application”, which means the trademark owner re-applies for a trademark that is identical with or similar to an already registered trademark on the same or similar goods and services of his own.

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5G standards and the stark divide between innovators and implementers

IAM Magazine

More than 70% of the technical contributions in the standardisation process have been submitted by just 10 companies and that poses a significant challenge for policymakers, write Qualcomm’s Georgios Effraimidis and Kirti Gupta.

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Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

JD Supra Law

On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications - As described in a companion article, which can be found here, Plaintiff Stephen Thaler, Ph.D., is the owner of a Device for the Autonomous Bootstrapping of Unified Sentience (DABUS), which he claims is an AI machine.

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Illinois Law Applies Over Colorado Based Upon Situs of Events

Chicago IP

Art Akiane LLC v. Art & Soulworks LLC , No. 19-cv-02952, Slip Op. (N.D. Ill. Sep. 16, 2021) (Chang, J.). Judge Chang ruled on the parties’ choice of law dispute between Colorado and Illinois law in this intellectual property dispute. Federal courts apply the forum’s choice of law rules. Illinois uses the forum’s law, unless there is a conflict with another state’s law.

Law 52
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PTAB Institutes Sixth IPR on a Tocilizumab Patent Challenged by Fresenius

JD Supra Law

On June 3, 2022, the PTAB instituted inter partes review of U.S. Patent No. 9,750,752 (“the ’752 patent”), owned by Chugai and Roche. Fresenius filed a petition for inter partes review of claims 1-16 of the ‘752 patent, directed to methods of treating giant cell arteritis by subcutaneously administering tocilizumab. .

Patent 52
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Illinois Law Applies Over Colorado Based Upon Situs of Events

LexBlog IP

Art Akiane LLC v. Art & Soulworks LLC , No. 19-cv-02952, Slip Op. (N.D. Ill. Sep. 16, 2021) (Chang, J.). Judge Chang ruled on the parties’ choice of law dispute between Colorado and Illinois law in this intellectual property dispute. Federal courts apply the forum’s choice of law rules. Illinois uses the forum’s law, unless there is a conflict with another state’s law.

Law 52
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Patent Office Interim Process Aimed To Improve Consistency

JD Supra Law

On May 26, 2022, the Patent Office issued its “Interim Process for PTAB Decision Circulation And Internal PTAB Review”. The Office issued the Process to explain its new procedures for circulating pre-issuance decisions, which were designed to promote open decision-making and reinforce that the panel’s adoption of any feedback from the process is optional.

Patent 52
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10 years of new gTLDs: why brands have never got the memo

Managing IP

The wave of new gTLDs in 2012 brought much fanfare, especially for IP owners, but have they lived up to the hype? Managing IP finds out.