Erik K Pelton

MARCH 13, 2023

The following is an edited transcript of my video Great Trademarks Are Everywhere…You Just Have to Look (to see the images discussed, view the video at end of this post) When I’m out and about, I’m always cognizant of the brands around me, in particular paying attention to—and amazed by—creative brand names. When developing a new trademark or brand name, it sometimes seems challenging to come up with something unique, new, and important.

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Trademark Branding Brands Branding 147

JD Supra Law

MARCH 13, 2023

On March 6, 2023, the U.S. Department of Agriculture (USDA) released its report on “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs,” which was prepared in consultation with the U.S. Patent and Trademark Office (USPTO), Department of Justice (DOJ), and Federal Trade Commission (FTC).

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Reporting Trademark Patent 123

SpicyIP

MARCH 13, 2023

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. 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 Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-p

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

McKinsey Operations

MARCH 13, 2023

Decision making is simply the process of making a choice. But decision making often isn’t easy and can be particularly complex in an organizational context.

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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?

Technology

IPilogue

MARCH 13, 2023

Nikita Munjal is a 3L JD/MBA Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. Using the Internet inevitably requires consenting to have your personal information used, collected, and disclosed by the websites you visit. A common reason for individuals, corporations, and non-profit organizations to collect your personal information is to influence your behaviour online, from your voting habits to your mental health.

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Social Media Advertising Advertising Privacy 106

McKinsey Operations

MARCH 13, 2023

Investments in climate technology are still increasing, defying the headwinds that affected most capital markets. We identify eight factors for deploying capital in this resilient space.

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Marketing Marketing Technology 109

Intellectual Property Brief

MARCH 13, 2023

By. Abigail Smith Every time Taylor Swift walks out the door, she facilitates massive changes for the intellectual property rights of artists in the music industry. Taylor Swift is one of the most popular artists in the world. Even if you don’t like her music, you have to admire her fighting spirit. Lately, she has.

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Intellectual Property Music Blogging Copyright 98

McKinsey Operations

MARCH 13, 2023

Growth in China’s buoyant medtech market is tapering as policy uncertainties persist. Five approaches to refocus commercial operations can help navigate these challenges.

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Marketing Marketing 100

JD Supra Law

MARCH 13, 2023

Amgen recently filed its Reply brief to the Supreme Court in Amgen v. Sanofi. While a conventional proportion of Amgen's Reply is directed to arguments Respondent Sanofi made in its brief, at trial, and before the Federal Circuit, significant portions of the Reply brief are focused on the Federal Circuit's grounds for its decision, which may be wise for at least two reasons.

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TorrentFreak

MARCH 13, 2023

As Reddit fights to protect the identities of users who simply participated in piracy-related discussions, two new cases filed last Friday may also prove controversial. On February 17, 2023, Marvel’s Ant-Man and the Wasp: Quantumania officially kicked off ‘Phase 5’ of the Marvel Cinematic Universe (MCU). Distributed by Disney to lukewarm reviews, the movie took $105 million at the box office in its first week and then plummeted 70% to $32 million in week two.

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Editing Copyright Copyright Notice Copyright Infringement 93

Advertiser: IPO

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.

Patent

JD Supra Law

MARCH 13, 2023

In a final rule published in the Federal Register (88 Fed. Reg. 12560) last week, the U.S. Patent and Trademark Office announced that it will start issuing patents electronically under a new digital USPTO seal and bearing the digital signature of the USPTO Director beginning on Tuesday, April 18, 2023. The Office indicated that electronic patent issuance will reduce pendency of patent applications, foster a green economy by reducing paper waste, and permit issued patents to be viewed and.

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Patent Patent Application Publishing Trademark 97

McKinsey Operations

MARCH 13, 2023

Decision making can be clouded when people attribute others’ actions and motivations to the societal roles that they play (such as parent, teacher, and manager).

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TorrentFreak

MARCH 13, 2023

Piracy is a global phenomenon but the availability of enforcement options varies from country to country. In Iraq, for example, tackling copyright infringement isn’t seen as a priority or a new phenomenon. When U.S. troops were still stationed in Iraq, rightsholders discovered that American soldiers were picking up the local habit. As a result, “copyright notices” were sent to US bases and United States Central Command was put on high alert.

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Reporting Government Copyright Copyright Infringement 90

McKinsey Operations

MARCH 13, 2023

Electric-vehicle demand is accelerating rapidly and so is the need for EV batteries. As these batteries reach end-of-life, significant growth opportunities in the recycling space are emerging.

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Technology 93

43(B)log

MARCH 13, 2023

Rausch v. Flatout, Inc., F.Supp.3d -, 2023 WL 2401452, No. 22-cv-04157-VC (N.D. Cal. Mar. 8, 2023) I love a good summary: When a manufacturer advertises the amount of protein in a product on its package, the Food and Drug Administration requires the manufacturer to include additional information on that product’s nutrition facts panel: the manufacturer must provide the “percent daily value” for protein based not on the raw amount of protein in the product, but on the amount of protein that the h

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Advertising Advertising False Advertising Litigation 116

The IPKat

MARCH 13, 2023

This is a review of the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond , by Sam Ricketson (Emeritus Professor, Melbourne Law School, University of Melbourne) and Jane Ginsburg (Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School). With sixteen years having passed since the second edition of this book, there is plenty new to this third edition.

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Copyright Editing Related Rights Publishing 78

IP Law 360

MARCH 13, 2023

A California federal court issued subpoenas to Google and Reddit on Monday demanding that they reveal the identity of whoever leaked the then-unreleased script of the Marvel movie "Ant-Man and the Wasp: Quantumania," an incident Marvel characterized as copyright infringement.

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Copyright Infringement Copyright 75

IP and Legal Filings

MARCH 13, 2023

Introduction The Controller General Of Patents Designs & Trade Marks is chief official responsible for facilitating the patent system in India. The controller general or the registrar, is vested with extensive powers as well as a fundamental duty to administer the patent process with proper diligence and ensure the protection of the innovation along with the rights of the patentee.

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Business Designs Design Trademark 59

IP Law 360

MARCH 13, 2023

The companies behind the Top and Job brands of tobacco rolling papers rescinded during trial closings Monday their push for $18 million in statutory damages against each of two Georgia wholesalers liable for trading counterfeit products, acknowledging that the penalty was "high.

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Branding Brands Branding 74

LexBlog IP

MARCH 13, 2023

Sneak peek: I've posted an article detailing an abusive IP enforcement scheme I call the "Schedule A Defendant" (SAD) Scheme [link] Warning: you are likely to be furious after reading this paper & seeing how easily trolls are gaming our judicial system — Eric Goldman (he/him) (@ericgoldman) March 8, 2023

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IP Intellectual Property Trademark 59

43(B)log

MARCH 13, 2023

Seljak v. Pervine Foods, LLC, 2023 WL 2354976, No. 21 Civ. 9561 (NRB) (S.D.N.Y. Mar. 3, 2023) Plaintiffs sought to represent a class of purchasers of FITCRUNCH Whey Protein Baked Bar products or FITBAR energy bar products. They contain high levels of protein and come in flavors that sound like desserts, including Milk & Cookies, Chocolate Chip Cookie Dough, Apple Pie, and Chocolate Peanut Butter.

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Branding Brands Branding Law 59

LexBlog IP

MARCH 13, 2023

On March 6, 2023, Coherus Biosciences announced FDA approval of an autoinjectable version of Udenyca, Coherus’ biosimilar to Amgen’s Neulasta (pegfilgrastim). Udenyca (pegfilgrastim-cbqv) was first launched in the US in January 2019 and is one of six FDA approved pegfilgrastim biosimilars. Udenyca is administered the day after a chemotherapy treatment to decrease incidence of infection due to febrile neutropenia.

Intellectual Property 52

Intellectual Property 52

IP Watchdog

MARCH 13, 2023

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday said that Apple has standing to pursue its claim that the U.S. Patent and Trademark Office (USPTO) Director’s instructions to the Patent Trial and Appeal Board (PTAB) regarding discretionary denial practice under Apple Inc. v. Fintiv, Inc. were made without proper notice-and-comment rulemaking.

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Government Trademark Patent Litigation 52

LexBlog IP

MARCH 13, 2023

Rule Effort Worthwhile? Back in November of 2021, the Northern District of California dismissed an APA lawsuit filed by a number of large companies seeking to challenge the PTAB’s NHK-Fintiv practices. At that time, I opined that the Court had overlooked some of the key APA arguments , and that the Federal Circuit would likely offer a more nuanced view.

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Litigation Government Intellectual Property 52

IP Law 360

MARCH 13, 2023

DLA Piper is expanding its intellectual property and technology practice group, bringing in 30 IP attorneys from Dentons to work primarily in its San Francisco, Silicon Valley and Seattle offices.

IP 52

IP Intellectual Property Technology 52

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{position: relative !

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Patent Application Invention Patent Licensing 52

The Trichordist

MARCH 13, 2023

We are excited announce that Chris Castle will be moderating a panel on the future of the Copyright Royalty Board for songwriters (the “Phonorecords” proceedings) as part… Read more "Save the Date: Artist Rights: The Future of the Copyright Royalty Board for Songwriters Webcast 4/7/23 at 1:45pm CT"

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Copyright 52

LexBlog IP

MARCH 13, 2023

Our firm, Leason Ellis, has filed a declaratory judgment action on behalf of plaintiff, Anne With An E, a theatrical producer that is developing a musical based on the 1908 novel ANNE OF GREEN GABLES. Plaintiff seeks a declaration that its musical will not infringe the asserted tradeamrk rights of Defendant, an entity owned in part by the province of Prince Edward Island, the setting of the novel, which holds itself out as the sole licensing authority for the ANNE OF GREEN GABLES trademark.

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Music Licensing Trademark Intellectual Property 52

JD Supra Law

MARCH 13, 2023

“File:200126 Lizzo on the 2020 Grammys Red Carpet.png” by Cosmopolitan UK is licensed under CC BY 3.0. The Trademark Trial and Appeal Board (TTAB) has approved the trademark registration of“100% THAT B H” by the musical artist known as Lizzo after the registration was initially rejected by the Trademark Examining Attorney.

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Trademark Music Registration Licensing 52

Michael Geist

MARCH 13, 2023

TikTok may be enormously popular, but according to the growing number of government, there are concerns regarding links between the app and the Chinese government. That has led to a rapid spread bans of the TikTok app on government devices not only at the federal level, but at provincial and municipal governments and even at universities for university-owned devices.

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Government Law Privacy Technology 52

JD Supra Law

MARCH 13, 2023

Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action. See e.g., Silent Drive, Inc. v. Strong Industries, Inc., 326 F.3d 1194, 1202 (Fed. Cir. 2003) (ruling that cease-and-desist letter sent by patentee into forum did not create personal jurisdiction for noninfringement declaratory judgment count).

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Cease and Desist Patent 52

IP Law 360

MARCH 13, 2023

The Federal Circuit ruled Monday that Apple can pursue a lawsuit alleging that the Patent Trial and Appeal Board's practice of denying patent reviews due to looming district court trials was imposed without proper rulemaking, undoing a lower court's dismissal.

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Patent 52

Velocity of Content

MARCH 13, 2023

The gender gap on Wikipedia has just narrowed thanks to volunteers who marked International Women’s Day this year with an “ edit-a-thon ,” creating and editing dozens of biographies for prominent women in the social and behavioral sciences. On March 8, SAGE Publishing organized the edit-a-thon in Washington, London, and online, to highlight achievements of women researchers in social and behavioral science who explore the world to gain a better understanding of human behavior.

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Editing Publishing Marketing Marketing 52

LexBlog IP

MARCH 13, 2023

Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action. See e.g. , Silent Drive, Inc. v. Strong Industries, Inc., 326 F.3d 1194, 1202 (Fed. Cir. 2003) (ruling that cease-and-desist letter sent by patentee into forum did not create personal jurisdiction for noninfringement declaratory judgment count).

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Cease and Desist Licensing Patent Litigation 52

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. So, why aren’t Disney concerned? Steamboat Willie, released in 1928, was the first story to feature beloved Disney character Mickey Mouse. Mickey stars as “a mischievous deckhand on a riverboat that is under the command of the tyrannical Captain Pete” [1] , and contains almost no dialogue.

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Public Domain Trademark Copyright Registering Trademarks 52