Fri.Aug 19, 2022

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An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute

Erik K Pelton

The following is an edited transcript of my video An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute. There is a very well-known quote from Benjamin Franklin about an ounce of prevention being worth a pound of cure. This statement is really true when it comes to trademarks. I really love Ben Franklin, he was such a unique inventor of so many different things, and scholar, and really, a Renaissance man.

Trademark 147
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Author Talks: Design your future

McKinsey Operations

Danish design experts Christian Bason and Jens Martin Skibsted say humanity needs a more expansive outlook on problem-solving—one that is less human-centered and more future-proof.

Designs 135
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Z-Library: 98m Articles & Books Blocked in India to Protect 10 Books About Tax

TorrentFreak

Absorbing knowledge online is essentially free but those who curate that knowledge may have their own plans on where, when, and at what price their work is made available. For millions of website publishers the problem mostly solves itself, but for those who have more restrictive offerings in mind, such as physical book sales or a digital subscription offer, the wider internet can prove to be a disruptive competitor.

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Publicity Rights Claim Isn’t Preempted by Section 230–Albert v. Tinder

Technology & Marketing Law Blog

This is a pro se lawsuit against Match and Tinder for fake dating profiles in the plaintiff’s name. I’m going to focus on the publicity rights claim piece of the lawsuit. Match invoked Section 230. The court says that Match qualified for the prima facie requirements for a 230 defense, but the publicity rights claims fits into the IP exception.

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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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The Iconic ‘Del Boy’ Evolves UK Copyright Law

IPilogue

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On June 8 th 2022, Deputy High Court Judge John Kimbell released his decision separating copyright in literary and dramatic characters. For the first time in the UK , a fictional character (Derek ‘Del Boy’ Trotter and others from Only Fools and Horses (“OFAH”) was recognized as an independent copyrighted work.

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Restoring Patent Eligibility May Not Restore Clarity

JD Supra Law

On August 2, 2022, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022 (S. 4734) (“PERA”). Senator Tillis characterized the bill to “restore patent eligibility to important inventions across many fields.” The “fields” were said to include “medical diagnostics, biotechnology, personalized medicine, artificial intelligence, 5G, and blockchain.”.

Patent 101

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FDA Tries to Satiate Its Orange Crush and Issues a Q&A on the Orange Book

JD Supra Law

In a colorful nod to one of Georgia’s most famous and respected musical bands, R.E.M., and its 1988 hit, “Orange Crush” (from the album Green — coincidence?), in July 2022, the Food and Drug Administration issued a guidance for industry titled, “Orange Book Questions and Answers.”.

Music 96
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Guest post: Not So Cheerful About Varsity Brands

Likelihood of Confusion

So last Wednesday (March 22, 2017, if you’re joining us late) the Supreme Court of the United States issued its decision in Star Athletica, LLC v. Varsity Brands, Inc, et al. The post Guest post: Not So Cheerful About Varsity Brands appeared first on LIKELIHOOD OF CONFUSION™.

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[Audio] Podcast: The Briefing by the IP Law Blog - Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton.

Music 94
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Brand-Generic Drugs: Infringement Judged by the ANDA Filing

Patently-O

by Dennis Crouch. Par Pharm., Inc. v. Eagle Pharm., Inc., No. 2021-2342, — F.4th — ( Fed. Cir. Aug. 18, 2022 ). In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the t

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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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Intern Spotlight Series: Nahida Islam

U.S. Department of Commerce

Intern Spotlight Series: Nahida Islam. August 19, 2022. KCPullen@doc.gov. Fri, 08/19/2022 - 09:45. Nahida Islam is an intern in the International Trade Administration, Office of Public Affairs (OPA). In this intern spotlight, she shares her experience as a summer intern, working in the International Trade Administration. This is the final installment of an eight-part series.

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Pricing during inflation: Active management can preserve sustainable value

McKinsey Operations

Industrial players are paying more attention to their pricing strategies to cope with inflation and ensure sustainable impact.

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Bungie’s Copyright Infringement Claims Against AimJunkies ‘Insiders’ Can Continue

TorrentFreak

Over the past several years a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. The legal battle between the American video game developer Bungie and AimJunkies.com is one of the most litigated cases thus far. Last summer, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things.

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Telecom’s future in the Web3 era: José María Álvarez-Pallete López

McKinsey Operations

The chairman and CEO of Telefónica S.A. and chairman of the GSMA Board offers his thoughts on organizational delayering, a powerful new connectivity platform, and sharing the cost of building smarter networks.

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Albright Told BBiTV Gave Up Its Chance To Be Texan

IP Law 360

Broadband iTV shouldn't be allowed to tell a Texas federal jury that it's incorporated in Texas after more than two years of patent litigation during which it repeatedly claimed Delaware as its home, Amazon has told U.S. District Judge Alan Albright.

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If you want to grow in your career (and lifetime earnings), you need to focus on doing this

McKinsey Operations

New research from McKinsey that studied the career progression of some 4 million workers over a decade revealed the factors behind dramatic surges in lifetime earnings, write Sven Smit, Anu Madgavkar, and Bill Schaninger in Fast Company.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This week in London has seen the Bureau of Investigative Journalism sued for libel by a former Kazakh leader, Siemens Mobility bring fresh legal action against the high-speed rail project HS2 in a procurement claim, and an Irish aircraft company sue Aeroflot and Rossiya Airlines in the wake of sanctions imposed on the airlines by the U.K. government.

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Other Barks & Bites for Friday, August 19: Eleventh Circuit Holds Party to Willful Blindness Standard in DMCA Case, Seventh Circuit Finds Personal Jurisdiction Over Chinese NBA Counterfeiter, and Fifth Circuit Accepts Jurisdiction Over Walker Process Claims for Patent Fraud

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit rules that Eagle Pharmaceutical’s ANDA defines a product that does not infringe upon Par Pharmaceutical’s patents covering Vasostrict; an inventor amicus brief in the OpenSky IPR asks USPTO Director Vidal to mandate sanctions for abuse of PTAB process; the Seventh Circuit affirms a default judgment against a Chinese counterfeiter of sports merchandise after finding personal jurisdiction over the defendant; the Fifth Circuit accepts the F

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A Cautionary Tale On Social Media And US Jurisdiction

IP Law 360

A California federal court's move to let rapper Lil Yachty's trademark infringement suit against a U.K.-based music company go forward gives clear notice to international entities that their social media activities might subject them to the jurisdiction of U.S. courts, say Dyan Finguerra-DuCharme and Nicholas Saady at Pryor Cashman.

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Reasonable Royalty 101: A Prudent Approach to the Most Common Patent Litigation Damages

JD Supra Law

Coming out of the COVID shutdown era, patent infringement litigation has been hot. To be sure, there have been big headlines during the past couple of years, among them billion-dollar verdicts against Intel and Cisco in patent disputes. Although appeals and adjustments often occur, numbers that big don’t go unnoticed.

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Nike And Adidas Agree To Settle Suits In Shoe Patent War

IP Law 360

Nike and Adidas have told two courts that they have reached a confidential agreement to end dueling patent lawsuits over rival knit running shoes and competing mobile fitness tracking technology, respectively.

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Three imperatives for R&D in biosimilars

McKinsey Operations

The biosimilars market is poised to grow over the next decade. Here’s how companies can accelerate time to market, reduce R&D costs, and improve productivity.

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Intel’s mega monetisation deal with IPValue may raise eyebrows but makes perfect sense

IAM Magazine

The chipmaker spawned the term “patent troll” and has been highly critical of NPEs, but negative business headwinds mean that putting its world-class portfolio of IP assets to work is a no brainer

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Defense Witnesses Testify in Publishing Antitrust Case

Velocity of Content

The Department of Justice’s case against the proposed merger of Simon & Schuster with Penguin Random House entered its third week on Monday in Washington, DC. Defense attorney Dan Petrocelli called PRH US CEO Madeline McIntosh to detail “the lifespan of a book,” according to Jim Milliot , Publishers Weekly editorial director. In her testimony , PW reported, McIntosh described the relationship between author advances and a publisher’s business plans.

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Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. Listen to the podcast of this episode on the platform of your choice, here.

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Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. Listen to the podcast of this episode on the platform of your choice, here.

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New Patent-Eligibility Bill Introduced to Congress

JD Supra Law

Subject-matter eligibility under 35 U.S.C. § 101 has been a hot-button issue in United States patent law since 2014, when the U.S. Supreme Court decided Alice Corp. v. CLS Bank Int’l. In that case, the Supreme Court decided that patent claims could not be “directed to” abstract ideas, laws of nature, and natural phenomena without “significantly more.”.

Patent 52
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Insuring Psychedelic Therapy Key To Promising Industry

IP Law 360

Researchers have found that psychedelic drugs such as psilocybin and MDMA may be effective in alleviating a number of mental health conditions, but therapists who treat patients with the substances may face difficulties in securing sufficient insurance coverage due to ongoing federal bans and other factors.

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CISA + MS-ISAC Alert: Threat Actors Exploiting Zimbra Collaboration Suite

LexBlog IP

On August 16, 2022, CISA (the Cybersecurity and Infrastructure Security Agency) and the Multi-State Information Sharing & Analysis Center (MS-ISAC) issued an Alert outlining multiple Common Vulnerabilities and Exposures (CVEs) that threat actors are actively exploiting against Zimbra Collaboration Suite, which is “an enterprise cloud-hosted collaboration software and email platform.” According to the Alert: “Cyber threat actors may be targeting unpatched ZCS instances in bo

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[Ongoing Program] Branding and French Language Requirements in Québec: Understanding the Recognized Trademark Exception through Case Studies - November 10th, 12:00 pm - 1:00 pm ET

JD Supra Law

In this webinar, our speakers will discuss the French language requirements in Québec as they apply to product markings, promotion, and advertisement, with practical tips on how to take advantage of the “recognized trademark” exception.

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How is a box of chocolates not like a box of rice pilaf?

LexBlog IP

Jacobs v. Whole Foods Market Group, Inc., No. 1:2022cv00002 – Document 27 (N.D. Ill. 2022). Plaintiff sues, based on the disparity between the box size of rice pilaf and the amount of product. The empty space is known as “slack fill.” Defendant notes that the box clearly identifies the weight and number of servings. Plaintiff cites Benson v.

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The Madrid Protocol - August 2022

JD Supra Law

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending applications for registration to utilize a simplified and streamlined procedure for obtaining trademark protection in many foreign jurisdictions.

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Intel’s mega monetisation deal with IPValue may raise eyebrows but makes perfect sense

IAM Magazine

The chipmaker spawned the term “patent troll” and has been highly critical of NPEs, but negative business headwinds mean that putting its world-class portfolio of IP assets to work is a no brainer

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Jurisdictional Ping-Pong Averted

JD Supra Law

We’ve previously written about Chandler v. Phoenix Services, L.L.C., an interesting case on the Federal Circuit’s exclusive appellate jurisdiction in patent cases. Earlier this week, the Fifth Circuit issued a decision marking the latest entry in that saga.

Patent 52
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Copyright Protection For Databases In India

IP and Legal Filings

India has reaped the rewards of electronic trade. With increased database bytes and memory and less use of paper bundles, it has altered how offices and workplaces operate. A database is a term used to refer to a group of data that has been methodically organized and recorded, either on paper or on any other type of electronic medium, like a computer.