Mon.Oct 03, 2022

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3 Count: French Anti-Pirates

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: WWE, Video-Game Maker Owe Artist for Depicting Wrestler’s Tattoos, Jury Says. First off today, Blake Brittain at Reuters reports that tattoo artist Catherine Alexander has emerged victorious in a recent trial against Take-Two Interactive over the use of tattoos she created in a video game.

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Canada’s Online News Act: Parliamentary Hearings Continue (My Testimony)

Hugh Stephens Blog

The Standing Committee on Canadian Heritage began hearings late last month to review draft legislation (Bill C-18: The Online News Act) that will follow Australia’s example, with some minor tweaks, to require large digital intermediaries (think Google and Facebook for starters) to negotiate financial compensation with news content providers for the platform’s use of news … Continue reading " Canada’s Online News Act: Parliamentary Hearings Continue (My Testimony) "

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RIAA Thwarts Yout’s Attempt to Declare YouTube-Ripping Legal

TorrentFreak

Downloading audio and video is prohibited by YouTube’s terms of service but there are numerous ‘stream-ripping’ sites available on the web that do just that. These services are a thorn in the side of music industry outfits, who see them as a major piracy threat. The operators of these stream-ripping tools disagree and point at the variety of legal uses instead.

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Digital twins: What could they do for your business?

McKinsey Operations

Less waste, shorter times to market, constant customer insights: the advantages of applying digital twins are many—if you get the conditions right.

Business 139
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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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How to Avoid Trademark Infringement

LexBlog IP

An accusation of trademark infringement is an expensive and time-consuming inconvenience. Before using or registering a trademark for a logo or catchy slogan for your business or product, you must ensure no one else had already trademarked something similar or has been using it before you did for the same type of business. The last thing you want is to invest a lot of time, money, and effort in selecting the right trademark only to.

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IP Osgoode Speaks Welcomes Dan Bereskin – Balancing Freedom of Expression with the Rights of IP owners

IPilogue

Dan Bereskin presenting. Photo by Prof. Pina D’Agostino. Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. On August 31, 2022, IP Osgoode held its first in-person event in over 2 years and the first instalment of the IP Osgoode Speaks series since 2020. At the event, Mr. Dan Bereskin , the founding partner of the highly regarded IP Boutique firm Bereskin & Parr , gave a lecture on balancing rights to freedom of expressio

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Exploring Publicity Rights For Virtual Avatars

IP Law 360

Advertising in the virtual world raises intellectual property issues — and although existing case law does not address a persona right for an avatar, it's only a matter of time before an aggrieved third party will assert a right of publicity claim based on the unauthorized use of his or her avatar, says Matthew Savare at Lowenstein Sandler.

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Katcall: Openings for GuestKats and InternKats!

The IPKat

Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for IP enthusiasts to fill InternKat positions. GuestKat and InternKat positions are six months (with the possibility of extension), and there are no geographical restrictions on either role. Please bear in mind that you need to have your employer’s permission to be part of the IPKat team.

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Muslim Loses Case Against Facebook Over Discriminatory Content Moderation–Elansari v. Meta

Technology & Marketing Law Blog

Elansari is Muslim. This is not his first time as a plaintiff. In this lawsuit, he claims that Facebook blocks pro-Palestinian publishers and favors pro-Israeli publishers. Thus, he argues, Jewish readers are more likely to get the information they want from Facebook than Muslims. Title II Discrimination. “Facebook is not a public accommodation under Title II… Facebook is not a physical facility; it. is a website.

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Climate tech competitiveness: Can the United States raise its game?

McKinsey Operations

The United States has an opportunity to turn its innovation advantage in climate technologies into the basis for a thriving manufacturing and export sector.

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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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Ben & Jerry's Says Unilever 'Covertly' Took TMs After Merger

IP Law 360

Unilever "covertly" took control of Ben & Jerry's trademarks following their merger in 2000, the ice cream giant said in an amended New York federal court complaint that seeks to block its parent from selling its products in the West Bank.

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Monday Miscellany

The IPKat

Meow Meow! October is here with more news, events and opportunities coming your way. News Goodbye to our GuestKat Jan Jacobi and our InternKat Alexandre Zanatta Miura. For the time being, the IPKat team is saying goodbye to our GuestKat Jan Jacobi and our InternKat Alexandre Zanatta Miura: we thank them for their contributions to the IPKat over the past several months and look forward to collaborating with them again in the future!

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Catching Up With Delaware's Chancery Court

IP Law 360

What do drones, electric cars, eggs, chocolate and time-wasting have in common? They're all part of the news out of Delaware Chancery Court this week. And that's not even counting all the disputes between Twitter Inc. and Tesla CEO Elon Musk, which are ratcheting up as the Oct. 17 trial over the scuttled $44 billion deal approaches.

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This Week in Washington IP: Fighting the Chip Wars, FTC Regulation of Technology, and Using WIPO Center’s ADR Proceedings for SEP Disputes

IP Watchdog

This week in Washington IP news, both houses of Congress are silent as they enter scheduled work periods but the Hudson Institute and the American Enterprise Institute host conversations with Chris Miller, the author of Chip Wars: The Fight for the World’s Most Critical Technology. Another Hudson Institute event with Federal Trade Commission Commissioner Noah Phillips explores what the proper role is for the United States’ top antitrust enforcement agency in regulating the tech sector, while the

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Justices Skip 'What Men Want,' Texas A&M Copyright Suits

IP Law 360

The U.S. Supreme Court on Monday refused to hear an appeal that would revive a screenwriter's copyright case over Paramount's hit rom-com "What Men Want," as well as an appeal over whether states can be held liable under federal copyright laws.

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SCOTUS: Three Potential Patent Cases

Patently-O

At the “long conference” last week, the Supreme Court considered the fate of 13 pending petitions for writ of certiorari. Three cases have survived. In two, the Court invited the Solicitor General to file an amicus brief “expressing the views of the United States.” Teva v. GSK , 22-37 (Skinny Label). Interactive Wearables v.

Patent 64
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UPSTO Extends Pilot Programs

JD Supra Law

October marks the start of a new fiscal year for the USPTO. Last week the agency announced the extension of several pilot programs that will continue on into 2023 and beyond.

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Morgan Lewis Adds Venable, Amazon Attys As DC Partners

IP Law 360

Morgan Lewis & Bockius LLP has hired an intellectual property litigator and a telecommunications infrastructure lawyer at its Washington, D.C., practice, the firm announced Monday.

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Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

Federal Contracting; Contractor Disclosure Requirements to Funding Agencies and Funding Agency March-in Rights. In 1980, Congress passed the Bayh-Dole Act, promoting collaboration between the Federal Government and private intellectual capital. The act sets up a mechanism for transferring federally funded research to be performed by businesses and nonprofits through funding agreements.

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Youth League USA Prime Baseball Says New Rival Is Copycat

IP Law 360

Amateur baseball club USA Prime Baseball LLC sued Prime Baseball LLC and its founder on Monday in Texas federal court for allegedly stealing its name and trademarked marketing designs.

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The War On Science… And On Scientists

Velocity of Content

Physicians for Human Rights surveyed over 900 US clinicians in early 2021 and documented a climate of fear in labs and hospitals. Over 60% said they fear reprisal if they spoke out publicly on safety concerns about COVID-19. Verbal abuse, violent threats, and even physical attacks on medical staff and scientists reflect a tense relationship between science, media, politics, and the public, according to journalist Anita Makri.

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Sterne Kessler Adds Ex-Lead Patent Judge In DC

IP Law 360

A former lead administrative patent judge has joined Sterne Kessler Goldstein & Fox PLLC in its Washington, D.C., office, where she will serve as counsel in the electronics practice group.

Patent 52
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Fairly Competing, Episode 16: The Key to Seeking and Defending Against Temporary Restraining Orders

LexBlog IP

Episode 16 of Fairly Competing is out! Temporary retraining orders (called, “TROs”) are a staple of trade secret and restrictive covenant litigation. IIn this episode, Ben , Russell and I discuss what you need to know when you are either seeking or defending against a temporary restraining order in a trade secret or noncompete case. So, come join us on Spotify or Apple Podcasts.

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Protecting Trade Secrets in Remote and Hybrid Workplaces: 3 Questions Employers Should Be Asking Themselves

JD Supra Law

Employers today are coming to terms with what has developed into full-time remote or hybrid work arrangements for many workers. However, you should recognize that the rise of these work arrangements may create additional security risks for your trade secrets and other confidential business information, particularly when employees leave your company to work for a competitor.

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Trade Secret Plaintiff Cannot Avoid Forum Selection Clause by Dividing Claims

Chicago IP

Nulogy Corp. v. Menasha Packaging Co. LLC , No. 21 C 1164, Slip Op. (N.D. Ill. Mar. 10, 2022) (Rowland, J.). Judge Rowland granted defendant Menasha’s motion to dismiss for forum non conveniens and denied defendant Deloitte’s as moot in this trade secret action involving supply chain software. The parties Agreement had a forum selection clause mandating that Canadian law governed and that any action related to the Agreement be brought in Toronto.

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MarkIt to Market® - September 2022: Watching the Pot™

JD Supra Law

IP for Psychedelics: Lessons From Biopharma - Following hot on the heels of the cannabis industry is the readily emerging psychedelic industry. Indeed, earlier this month, the Psychedelic Bar Association held its first symposium on psychedelic law. Psychedelic drugs, which include lysergic acid diethylamide (LSD), peyote, psilocybin, and others, are federally illegal and are Schedule I substances under the federal Controlled Substances Act, like cannabis.

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Trade Secret Plaintiff Cannot Avoid Forum Selection Clause by Dividing Claims

LexBlog IP

Nulogy Corp. v. Menasha Packaging Co. LLC , No. 21 C 1164, Slip Op. (N.D. Ill. Mar. 10, 2022) (Rowland, J.). Judge Rowland granted defendant Menasha’s motion to dismiss for forum non conveniens and denied defendant Deloitte’s as moot in this trade secret action involving supply chain software. The parties Agreement had a forum selection clause mandating that Canadian law governed and that any action related to the Agreement be brought in Toronto.

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Judicial Review: The PTAB Must Offer Reasonably Discernible Logic

JD Supra Law

PROVISUR TECHNOLOGIES, INC. v. WEBER, INC. Before Prost, Reyna, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB has an obligation to ensure that its logic is reasonably discernible from the record.

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Hurray for Hollywood!

Likelihood of Confusion

The official website of the thing is here. Register to attend by clicking here. I’ll be speaking about In re Tam but don’t worry, there will be thrills and chills. The post Hurray for Hollywood! appeared first on LIKELIHOOD OF CONFUSION™.

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3 Reasons Beauty Cos. Should Consider Pursuing Patents

JD Supra Law

​​​​​​​Intellectual property protection is more important than ever in the beauty industry as the market for cosmetics becomes more crowded and competitive. Some cosmetic companies have used patents as a key tool to protect their market position. Originally published in Law360 - September 2022.

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Comet Nabs Injunction After $40M Trade Secrets Jury Verdict

IP Law 360

A California federal judge has granted Comet Technologies' bid for a permanent injunction following a jury finding that its rival misappropriated trade secrets related to manufacturing equipment for semiconductor chips.

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Drug royalty sales supercharged by sinking biotech valuations, says leading dealmaker

IAM Magazine

Following the firm’s recent $115 million investment, Sagard Healthcare Royalty Partners’ Ali Alagheband says a flurry of activity is underway in the market

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Wyndham Wants Default Ruling Against Timeshare Exit Co.

IP Law 360

Timeshare company Wyndham asked a Florida federal court on Monday to hand down a more than $456,000 default final judgment against a timeshare exit company that hasn't participated in Wyndham's false advertising suit for roughly two years.

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Drug royalty sales supercharged by sinking biotech valuations, says leading dealmaker

IAM Magazine

Following the firm’s recent $115 million investment, Sagard Healthcare Royalty Partners’ Ali Alagheband says a flurry of activity is underway in the market

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Judge Won't Hold New Trial In Genetic Testing Patent Feud

IP Law 360

A Delaware federal judge has rebuffed a biotechnology company's bid for a new trial after a jury determined it owed a rival and Massachusetts General Hospital $4.7 million for infringing their genetic testing patents, while agreeing with some of the plaintiffs' requests to boost their award.

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