Fri.Nov 19, 2021

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SPARKS Piracy Bust: Extradited Brit Pleads Guilty to Criminal Copyright Infringement

TorrentFreak

For several decades, The Scene has been the main source of all pirated content made available on the Internet. Technically, release groups operate in a closed ecosystem, but the reality is different. The vast majority of the files published on private Scene servers eventually find their way to public pirate sites. Feds Bust SPARKS Group. The secretive nature of the Scene has been a major challenge for law enforcement but last summer the US Department of Justice had a major breakthrough.

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Is Europe Running Out of Trademarks? Professor Beebe Talks EU Trade Mark Depletion

IP Watchdog

Is the European trademark system a victim of its own success? This was the question posed by Professor Barton Beebe of NYU School of Law at the Annual Sir Hugh Laddie Lecture at UCL-IBIL on November 9. Beebe argued that “trademark depletion is the most significant challenge the trademark system will face this century” and […].

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When Sending a Cease and Desist Letter Establishes Personal Jurisdiction

JD Supra Law

A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving. Previously, the Federal Circuit held in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc. that the district court for the District of Minnesota did not have personal jurisdiction over the defendant (a Louisiana corporation with a principal place of business in New Mexico) because it.

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The Future of Open Webinar Recap & Recording

Kluwer Copyright Blog

Earlier this year, Creative Commons announced that four working groups of the Creative Commons Copyright Platform would examine policy issues affecting the open ecosystem from a global perspective: (1) artificial intelligence and open content; (2) platform liability; (3) copyright exceptions and limitations; and (4) the ethics of open sharing. The CC Copyright Platform was established as a discussion space to strategize on copyright reform as a complementary action to developing and stewarding

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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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CVC Files Motion to Exclude Evidence, ToolGen Opposes, and CVC Replies in Interference No. 106,126

JD Supra Law

On September 17th, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its Motion to Exclude certain evidence presented by Senior Party ToolGen Inc. in Interference No. 106,126. ToolGen filed its Opposition to CVC's motion on October 8th, and CVC filed its Reply on October 15th.

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Other Barks & Bites for Friday, November 19: Global Value of Music Copyright Up 2.7% in 2020, Kanter Confirmed as DOJ Antitrust Head, and Ireland Adopts EU Copyright Directive

IP Watchdog

This week in Other Barks & Bites: A recent Global Value of Music Copyright report finds that worldwide copyright value for music increased to $32.5 billion USD; B.E. Tech seeks mandamus relief at Federal Circuit, raising several constitutionality issues with inter partes review proceedings at the PTAB; Ford and GM make moves toward entering chip manufacturing industry; Ireland adopts EU Copyright Directive five months after the EU’s deadline; Jim Olive Photography files petition for cert ov

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More Trending

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Recap of “Fostering the Future of Artificial Intelligence: Report from the York University Task Force on AI & Society”

IPilogue

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. Rising to the challenges and opportunities posed by the disruptive technology of artificial intelligence, York University’s Artificial Intelligence and Society Task Force leveraged collegial expertise from a wide range of disciplines to explore the possibility of research, development, and innovation of artificial intelligence and its impacts on humanity and society.

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Triller Fight Club Hit With IP Suit Over Use Of Triangular Ring

IP Law 360

Bare-knuckle fighting promoter BYB Extreme Fighting Series has hit rival fight promoter Triller Fight Club and the FITE TW network with a lawsuit alleging they ripped off BYB's triangular-shaped fighting ring.

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[Video] No Password Required: A Child of the 1980s With a Knack for Storytelling, Comedic Timing, and Building an Elite Cybersecurity Team

JD Supra Law

The No Password Required Podcast is dedicated to introducing and celebrating the practitioners, leaders, researchers, and individuals who are shaping the cybersecurity industry. Join us for an in-depth conversation that explores our guests' personalities, expertise, and the path that led them into cybersecurity. The team also discusses current cyber threats and readiness tips for security professionals and business leaders alike.

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Vaccine Hesitancy and Parenting

Nelligan Law

Reading Time: 3 minutes The term “vaccine hesitancy” refers to delay in acceptance of a vaccine, or the refusal of vaccination services after they become available. In A.P. v. L.K. [1], the Ontario Superior Court of Justice recently overturned a controversial 2018 decision of an arbitrator which had held that it was in the children’s best interests not to get vaccinated.

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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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BGH zur Rufausbeutung einer geografischen Angabe als Kollektivmarke

JD Supra Law

Die Möglichkeit, geografische Angaben als Kollektiv- oder Individualmarke zu schützen, steht grundsätzlich selbständig neben dem System zum Schutz geografischer Angaben und Ursprungsbezeichnungen nach der EU-Verordnung Nr. 1151/2012. Dies entschied kürzlich der Bundesgerichtshof (BGH) in einer Auseinandersetzung um die deutschen geografischen Kollektivmarken „Hohenloher Landschwein“ und „Hohenloher Weiderind“ (BGH, Urteil vom 29.7.2021 - I ZR 163/19 u.a.).

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Avery Dennison is Seeking a Junior IP Counsel Based in Mentor, OH

IP Watchdog

Avery Dennison is actively looking for someone to join their diverse team of talents. As a Junior IP Counsel, you will be providing global intellectual property (“IP”) services to Avery Dennison, including IP strategy, domestic and international IP procurement, enforcement, and clearance, business counseling, and transactional support. The position reports to the Global VP and Associate General Counsel, IP, and works closely with the company’s technology and innovation leadership teams, as well

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Copyright Notice was Sufficient Copyright Management Information to Survive Motion to Dismiss

Chicago IP

Southall v. Force Partners, LLC , No. 20 C 3223, Slip Op. (N.D. Ill. Aug. 31, 2021) (Chang, J.). Judge Chang granted in part defendant Force Partners’ Fed. R. Civ. P. 12(b)(6) motion to dismiss in this copyright infringement and Digital Millenium Copyright Act (“DMCA”) claims involving a picture of the inside of a restaurant bar. Of note, the Court held as follows: Force Partners’ claim that Southall never alleged that the photograph at issue was part of the deposit materials.

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Coolhaus-Building a Business that Reflects Who You Are

Legal Zoom

Launching an ice cream brand was Natasha Case's dream job. With a go-big-or-go-home attitude, she and partner Freya Estreller launched their company Coolhaus that uses ice cream as a canvas for creativity, diversity, and inclusion.

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Facebook Given Another Chance To Fight Telecom Patent

IP Law 360

The Federal Circuit has sided with Facebook and its subsidiary WhatsApp Messenger in a telecommunications patent fight against Uniloc 2017 LLC, backing a Patent Trial and Appeal Board decision that tossed several of Uniloc's Voice over Internet Protocol patent claims due to obviousness.

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The global patent landscape in nine charts

IAM Magazine

The top takeaways from WIPO’s latest World Intellectual Property Indicators report.

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Brand Battles: Razor Goes After Lucasfilm's 'Razor Crest' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the maker of Razor scooters is racing to stop "Star Wars" studio Lucasfilm from securing a trademark on "Razor Crest"— plus four other cases you need to know about.

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Precedential No. 30: TTAB Reverses Descriptiveness Refusal of TAVERNA COSTERA, Declining to Apply Doctrine of Foreign Equivalents

The TTABlog

Because the ordinary American purchaser would not stop and translate a mark comprising words from different languages, the TTAB reversed a section 2(e)(1) mere descriptiveness refusal of TAVERNA COSTERA for “restaurant, cafe, and bar services.” The Board found that applicant’s mark, at most, suggests a “fusion of cuisines.” However, because TAVERNA is a recognized English language word referring to a type of restaurant, disclaimer of that word was required.

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3 USPTO Updates You Need To Know

IP Law 360

The U.S. Patent and Trademark Office this week announced two initiatives to make the Patent Trial and Appeal Board more accessible and delayed the implementation of a change to how patent applications must be filed.

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Blockchain vulnerabilities – crypto hacks, blockchain forensics and legal challenges

Barry Sookman

It is often assumed that blockchain based digital currencies and applications are safe and secure. In fact, blockchain ecosystems including cryptocurrencies such as bitcoin and Ether, smart contracts that power a plethora of transactions, and blockchain exchanges have many vulnerabilities. Like many other financial systems, blockchain based systems are subject to all manner of hacks, frauds, scams, and vulnerabilities.

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Pandora Asks 9th Circ. To Look To Sirius Ruling In IP Dispute

IP Law 360

Pandora Media has asked the Ninth Circuit to reverse a district court's ruling that found the streaming service had misappropriated music from before 1972 by distributing it on its platform without obtaining the appropriate authorization, saying the appellate court should look to its own ruling in a related case against Pandora's parent company, Sirius XM Radio Inc.

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Miramax Sues Quentin Tarantino Over “Pulp Fiction” NFT Auction

JD Supra Law

Hollywood film studio Miramax recently filed a lawsuit against director Quentin Tarantino and others over his plans to auction off non-fungible tokens (NFTs) based on the 1994 film, Pulp Fiction. This dispute began on November 2, when Tarantino announced at the NFT.NYC crypto-art conference that he would be auctioning off seven uncut Pulp Fiction scenes as Secret NFTs.

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Even in a small market, a few varied phone calls aren't commercial advertising or promotion

43(B)log

Meredith Lodging LLC v. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D. Or. Nov. 15, 2021) Previous motion to dismiss. Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it.

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German FCJ on the exploitation of the reputation of geographical indications as collective trademarks

JD Supra Law

The possibility to protect geographical indications as collective or individual trademarks exists, in principle, independently of the system for the protection of geographical indications and designations of origin under Regulation (EU) No 1151/2012. This was recently decided by the German Federal Court of Justice (FCJ) in a dispute concerning the German collective geographical trademarks "Hohenloher Landschwein" and "Hohenloher Weiderind" (Federal Court of Justice, judgment of 29 July 2021 –.

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Illumina Defends Validity Of DNA Sequencing Patents At Trial

IP Law 360

A California federal jury heard testimony Friday from gene sequencing company Illumina's expert witness that 10 judges who previously upheld Illumina's patents behind its next-generation technology "got it right," one day after Chinese-owned DNA sequencing company Complete Genomics offered expert testimony that Illumina's patents are invalid as obvious.

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Examining Art Units to Avoid Subject Matter Eligibility Challenges for Bioinformatics and AI-related Patents

JD Supra Law

Overview of Subject Matter Eligibility Challenges Computer-based - inventions – especially in the machine learning (ML), bioinformatics, and artificial intelligence (AI) fields – are susceptible to subject matter eligibility challenges. Subject matter eligibility challenges may prevent a patent application from being granted by the United States Patent and Trademark Office (USPTO) and may even be asserted to invalidate a patent post-grant.

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Ascletis and Suzhou Alphamab Expand their Partnership into Worldwide License Agreement for ASC22 (Envafolimab) to Treat Hepatitis B and Other Viral Diseases

LexBlog IP

Ascletis Pharma Inc. (Ascletis) and Suzhou Alphamab Co., Ltd. (Suzhou Alphamab) jointly announced that Ascletis’ subsidiary and Suzhou Alphamab have entered into an exclusive worldwide licensing agreement (excluding Greater China) for ASC22 (Envafolimab) to treat viral diseases, including Hepatitis B. According to the press release, ASC22, also known as KN035, is one of the first subcutaneously-injected PD-L1 antibodies.

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Fed. Circ. Case Sunk Bid For $600M Damages In Comcast Trial

IP Law 360

A Delaware federal judge has explained why a patent owner that had been seeking $600 million from Comcast was prevented from presenting any damages theories at a September infringement trial, citing a recent Federal Circuit ruling seen as raising the bar for damages disclosures.

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Upcoming Webinar! Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns

Trading Secrets

Wednesday, December 8, 2021. 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. REGISTER HERE. In this fifth installment of our 2021 Trade Secrets Webinar Series, our experienced team will cover trade secret/confidentiality, non-compete and restrictive covenant issues that typically arise in M&A transactions.

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[Audio] Podcast - The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk

JD Supra Law

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website.

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Upcoming Webinar! Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns

LexBlog IP

Wednesday, December 8, 2021. 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. REGISTER HERE. In this fifth installment of our 2021 Trade Secrets Webinar Series, our experienced team will cover trade secret/confidentiality, non-compete and restrictive covenant issues that typically arise in M&A transactions.

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UPDATE: The Supreme Court's Arthrex Decision in Action

JD Supra Law

Back in June 2021, the Supreme Court issued its decision in U.S. v. Arthrex, Inc., Nos. 19-1434, 19-1452, 1901458 (June 21, 2021) (slip opinion). In the decision authored by Chief Justice Roberts, the Court ruled that the statutory scheme appointing Patent Trial and Appeal Board (PTAB or Board) administrative patent judges (APJs) to adjudicate IPRs violates the appointments clause of the U.S.

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IP Hires: Nixon Peabody, Vedder Price, Duane Morris

IP Law 360

Nixon Peabody has bolstered its intellectual property team with a former Lathrop GPM attorney with more than two decades of experience, and Duane Morris has brought on a pair of former Verrill Dana patent partners. Here are the details on these and other notable hires.

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Sports & Entertainment Spotlight: Hollywood Studio Miramax Sues Quentin Tarantino for Sale of “Pulp Fiction” NFTs

JD Supra Law

Welcome back to the “Spotlight”! With Thanksgiving just around the corner (brace yourself, midsection), I wanted to pause to take a moment to reflect on all that for which I have to be thankful. Certainly my family, health and employment to name a few. But, I would be remiss if I did not take a moment to thank my outstanding colleagues for their support in getting the “Spotlight” off the ground in its inaugural year.

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Rhapsody of confusion

Likelihood of Confusion

In which we consider the musical question: Gershwin as a Trademark? Originally posted 2011-03-11 17:23:34. Republished by Blog Post Promoter. The post Rhapsody of confusion appeared first on LIKELIHOOD OF CONFUSION™.

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