Mon.Jan 09, 2023

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The Battle Over the Future of D&D

Plagiarism Today

Since the year 2000, much of what makes up the core of Dungeons & Dragons has been easily licensed for others to use. That’s because the Wizards of the Coast (WotC), the rightsholders, licensed the System Resource Document under the Open Gaming License (OGL). That document is what outlines many of the core mechanics of the game, including classes, equipment and the general gameplay rules.

Licensing 185
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Law Firms Have Brands and Trademarks Too

Erik K Pelton

The following is an edited transcript of my video Protecting a Law Firm Brand. Over the years, we’ve had the good fortune to work with all types of businesses, including many law firms, to protect their brands. Law firm brands can be protected just like any other business. Law firms have logos, brand names, slogans, names for their newsletters or apps, or other features that are creative and worth protecting.

Branding 147
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3 Count: Partial Judgment

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: YouTube Wins Partial Summary Judgment in Maria Schneider Copyright Lawsuit. First off today, Andy Maxwell at Torrentfreak reports that YouTube has won partial summary judgment in their ongoing case against musician Maria Schneider with hundreds of alleged infringements being tossed.

Music 173
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One billion days lost: How COVID-19 is hurting the US workforce

McKinsey Operations

COVID-19 may no longer be a pandemic, but the disease likely reduced the availability of the US workforce by as much as 2.6 percent in 2022—a burden on productivity that could last for years.

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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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"A S LIVE FOREVER" Fails to Function as a Trademark, Says TTAB

The TTABlog

Despite the Supreme Court's ruling in Iancu v. Brunetti , deeming the "scandalous and immoral" provision of Section 2(a) unconstitutional, your run-of-the mill obscenities are going to face a difficult hurdle to registration: failure-to-function. Mr. Brunetti himself found that out last year when his attempt to register "F**K" failed to clear that hurdle. [ TTABlogged here ].

Trademark 140
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Warner Bros. Fights ‘Mortal Kombat II’ Source Code Leak

TorrentFreak

Classic videogame Mortal Kombat has won the hearts and minds of multiple gaming generations over the last 30 years. Developed by Midway Games, the second release of the fighting game made its debut in arcade halls back in 1993. Ports were later released for multiple home platforms, including MS-DOS, Game Boy, SNES, and PlayStation. The releases were a big hit for American game developer Midway but couldn’t prevent the company from going under.

Artwork 135

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CAFC Says USPTO Arguments for Rejecting Google Patent Application Lack Support in Record

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today vacated a Patent Trial and Appeal Board (PTAB) finding that certain claims of Google, LLC’s U.S. Patent Application No. 14/628,093 were obvious. The CAFC opinion, authored by Chief Judge Moore, said the U.S. Patent and Trademark Office’s (USPTO’s) arguments on appeal “cannot sustain the Board’s decision below because they do not reflect the reasoning or findings the Board actually invoked.

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Book Review: Intellectual Property Objectives in International Investment Agreements

The IPKat

This Kat is happy to share with our readers her review of “ Intellectual Property Objectives in International Investment Agreements ”, authored by Pratyush Nath Upreti (Edward Elgar Publishing, 2022, 284 pp.). The book addresses a pressing issue at the intersection of intellectual property (IP) and investment law: how shall IP rights be treated in investor-state dispute settlement?

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USPTO Calls for Input on Draft 2022-2026 Strategic Plan

IP Watchdog

Last week, the United States Patent and Trademark Office (USPTO) announced that it is seeking comments from the public on the draft of the organization’s 2022-2026 Strategic Plan. According to a press release, the plan sets five goals for the organization: Spur U.S. innovation and global competitiveness; promote IP rights; promote IP protection against new and persistent threats; bring innovation to positive impact; and maximize agency operations.

IP 124
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What is Davos?

McKinsey Operations

Davos, Switzerland, is where the World Economic Forum holds its annual meeting. Delegates from many sectors converge for several days of talks and meetings to address urgent global issues.

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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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Learning About the Business of Healthcare and Innovation: My Internship Experience at AstraZeneca Canada

IPilogue

Meena Alnajar is an IPilogue Senior Editor, an IP Innovation Clinic Senior Fellow, and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. This term, I had the amazing opportunity to work at AstraZeneca Canada through Osgoode’s Intellectual Property Law and Technology Intensive Program placement.

Business 110
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Is virtual care delivering on its promise of improving access?

McKinsey Operations

Although virtual-care adoption has substantially increased, healthcare organizations can pursue additional opportunities to reduce disparities in access.

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Why Mediate Intellectual Property Disputes?

JD Supra Law

Chief Justice Warren Burger admonished the ABA in 1984, “Our litigation system is too costly, too painful, too destructive, too ineffective for a civilized people.” The Chief added, “For many claims trials by the adversarial contest must in time go the way of the ancient trial by battle and blood.” Originally Published in The Barrister by the Bar Association of Baltimore City.

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SpicyIP Weekly Review (January 02- January 09)

SpicyIP

After an eventful first week of the year, we bring out quick summaries of the 6 blogposts we carried, along with 10 cases and other national and international IP developments for you. 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. A Look Back at India’s Top IP Developments of 2022.

Trademark 105
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This Week in Washington IP: U.S.-China Competition, Microelectronic Supply Chains, and Creating a More Inclusive Workplace Culture

IP Watchdog

This week in Washington IP news, after a hectic week that saw the House take 15 rounds of voting to nominate new Speaker of the House Kevin McCarthy, both the House and Senate will not be holding any hearings this week. Events to look out for this week include the U.S. Patent and Trademark Office hosting a discussion on how companies can create a more inclusive culture, the Hudson holding a panel discussion on microelectronics in the U.S., and a talk on technological innovation from a former Goo

IP 104
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What is my trademark allowance rate?

Patent Trademark Blog

What does trademark allowance rate mean? With so many options for trademark filing services, how do you compare one trademark service to another? One way to determine a trademark attorney’s track record is to look at the trademark allowance rate. This metric provides a percentage of allowed trademarks in view of all trademark filings filed by an attorney.

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Police Photo: Public Domain or Fair Use?

Dear Rich IP Blog

Dear Rich: I want to use a police plane crash accident photo in my book. It was released to the press and has been published in many news outlets attributed to the department. There are no privacy issues - no vehicle/person/property is identifiable. May I use it? Is it public domain or fair use? Public domain? Although state and local police are not prohibited from claiming copyright in their photos the answer depends on the state where the police department is located.

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Year in Review: Top Legal Developments of 2022

JD Supra Law

As we ring in the new year, we look back at the top legal developments of 2022 that could influence the market for biologics and biosimilars. There were many interesting decisions and other developments in district court, at the Federal Circuit, and at the PTAB. Below is our recap of the top five legal decisions and developments in the biosimilars space in 2023.

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Facebook Defeats Lawsuit Over Account Suspension for a Voting Misinformation “Joke”–Hall v. Meta

Technology & Marketing Law Blog

James A. (Jim) Hall was a candidate for the Arkansas House of Representatives. Right before the November 2022 election, Facebook temporarily suspended his account, cutting off his access to 2.5k friends/followers. This sounds like a potentially problematic move by Facebook, but it’s possibly also relevant that Hall’s 2016 campaign was undermined by his conviction for criminal harassment.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with ongoing European copyright reform, a number of landmark CJEU decisions and notable developments in a number of jurisdictions.

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$29 Billion Valuation for ChatGPT Developer OpenAI is a Wakeup Call for IP Holders

IP Close Up

An Intangible Investor article running on IPWatchdog that looks at the ownership and potential impact of ChatGPT cautions users, creators and investors about the impact Continue reading.

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Mars exploration pushes the boundaries of AI: An interview with NASA’s Vandi Verma

McKinsey Operations

Take a seat at Mission Control as NASA’s Vandi Verma details the AI and software powering the Mars rovers and how her field of robotic operations has advanced over the past 20 years.

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The Next Frontiers of Recycling Science

IP.com

The post The Next Frontiers of Recycling Science appeared first on IP.com - IP Innovation and Analytics.

IP 98
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Dr. Dre To 'Hateful' Rep. Greene: Stop Using My Music

IP Law 360

Grammy-winning rapper Dr. Dre on Monday sent a letter to U.S. Rep. Marjorie Taylor Greene, telling the Georgia Republican to stop using his music on social media to promote her "divisive and hateful political agenda.

Music 75
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What to expect in US healthcare in 2023 and beyond

McKinsey Operations

Recent developments have complicated the outlook for industry profit pools.

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High Court Passes On TM Fight Over Counterfeit NBA Goods

IP Law 360

The U.S. Supreme Court on Monday refused to take up an appeal of the Seventh Circuit's decision to hand a victory to the National Basketball Association's trademark arm in a dispute over counterfeit NBA products from China.

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Latest Federal Court Cases - January 2023

JD Supra Law

Dionex Softron GmbH v. Agilent Techs., Inc., Appeal No. 21-2372 (Fed. Cir. Jan. 6, 2023) - This week’s Case of the Week, the only precedential patent opinion issued by the Federal Circuit this week, focused primarily on the corroboration requirement for relevant dates of invention. The Court held there was sufficient evidence of a reduction to practice as of a given date, based primarily on corroboration of multiple witnesses, notwithstanding limited documentary evidence.

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Metal Band Accuses Guitarist's Widow Of Blocking Royalties

IP Law 360

The widow of heavy metal guitarist Oli Herbert is holding up royalty payments to the surviving members of All That Remains and making overly broad ownership claims to some of the band's most popular music, according to a new federal lawsuit in Connecticut.

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EU Design Reform Package: More efficient, Affordable, and Future-proof Design Protection Ahead

IP Tech Blog

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws. Apart from aligning the terminology to the Lisbon Treaty and the EU Trade Mark Regulation by renaming the “Registered Community Design” (RCD) to “Registered EU Design” (REUD), the proposals i

Designs 57
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Ripps, Slapps and Apes: Yuga Labs v. Ripps, et. al. Moves Forward

JD Supra Law

You have probably heard of Bored Ape Yacht Club, a collection of non-fungible tokens (NFTs) created by Yuga Labs. These NFTs are owned by A-list celebrities and exploded in popularity in 2021. Currently, Bored Ape Yacht Club NFTs can sell for millions of dollars and are arguably one of the most popular and successful NFT collections in existence. As of January 4, 2022, it is estimated that sales of BAYC NFTs have surpassed one billion dollars.

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Reflections on copyright law

Likelihood of Confusion

In a Den of Hydralisks. Originally posted 2011-07-22 18:09:03. Republished by Blog Post Promoter. The post Reflections on copyright law appeared first on LIKELIHOOD OF CONFUSION™.

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FTC Updates Long-Standing Health Advertising Guidance with Lessons Learned from the 21st Century

LexBlog IP

In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. Of course, since that document was issued, the FTC has announced hundreds of cases challenging claims that companies have made for health products, and many of those cases contributed important information to the overall understanding of how the agency staff a

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Global M&A Outlook 2023: Headwinds, tailwinds and fog

Herbert Smith Freehills

Will the deal market take off again in 2023 after a challenging year? Tougher regulation and ESG drivers are among the key trends explored as our must-read annual report returns. Key Contacts: Gavin Davies Caroline Rae Joseph Falcone Matthew FitzGerald Kyriakos Fountoukakos Veronica Roberts Mike Flockhart Gavin Guo Rebecca Maslen-Stannage James Palmer Laura Ackroyd Raji Azzam Frédéric Bouvet Gavin Williams Antony Crockett Silke Goldberg Rebecca Perlman Timothy Stutt Hubert Segain Philippa Stone

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Year in Review: Top Deals in 2022

LexBlog IP

According to PwC, “2022 has been a challenging year for M&A in the pharmaceutical and life sciences sector, with both deal value and volume at multiyear lows thanks to overall macro headwinds coupled with broad-based market dislocation.” PwC expects “M&A to more closely resemble prior years with a total deal value in the $225 billion to $275 billion range across all subsectors.” Below is a recap of the top M&A deals in 2022 that focus on biologics and biosimil

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Steps for Renewing a Trademark Registration in India

Selvam & Selvam Blog

Trademark registration in India is a process that allows businesses to protect their brand and intellectual property. A trademark registration is valid for a period of 10 years and can be renewed after the expiration of the initial registration period of 10 years. The process of renewing a trademark registration in India is relatively straightforward, but it is important to follow the proper steps in order to ensure that the renewal is successful.