Tue.Apr 12, 2022

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The Golden Ratio of Trademark Protection

Erik K Pelton

What does the golden ratio law of nature have to do with trademark protection? In this episode, Erik ruminates on this concept and reveals its correlation to brand protection. The post The Golden Ratio of Trademark Protection appeared first on Erik M Pelton & Associates, PLLC. What does the golden ratio law of nature have to do with trademark protection?

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Awareness Workshop on Patent Oppositions in the Pharmaceutical Field [April 20-22; Apply by April 15]

SpicyIP

We’re pleased to inform you that Inter University Centre for IPR Studies (IUCIPRS), CUSAT and Third World Network are jointly organising a free Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field from 20th to 22nd April, 2022. For further details, please see the announcement below. Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field.

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Trending Sources

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U.S. Chamber of Commerce Expresses Support for New Bills Limiting Power to Waive TRIPS Rights

IP Watchdog

The U.S. Chamber of Commerce yesterday published a letter it sent to members of congress expressing strong support for both the “No Free TRIPS Act” and the “Protecting American Innovation Act.” According to the letter, if enacted, these bills “would prohibit the Administration from negotiating or concluding any modifications to the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property (TRIPS) agreement, without the explicit authorization of Congress.

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Omi in a Hellcat Sued Again, This Time Over Pirate IPTV Brand ‘Reloaded’

TorrentFreak

In November 2019, the US federal government shut down IPTV services operated by Bill Omar Carrasquillo, aka ‘Omi in a Hellcat’ IRS and FBI agents seized “at least” $5.2m from his bank accounts along with a fleet of supercars. The US government says that Carrasquillo’s platforms redistributed Comcast, Verizon, Spectrum, DirecTV and Frontier Communications broadcasts, reportedly earning Carrasquillo a cool $34 million.

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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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Spoiler Alert: Behind Movie Recap Videos

IPilogue

Photo by Felix Mooneeram ( Unsplash ). Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba. . Imagine you are very interested in a three-hour movie that you do not have the time or patience to finish or a horror movie that you are too scared to watch. If a video condenses the film into short clips summarizing the plot, would you choose to watch the video instead?

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CAFC Vacates Section 112 Indefiniteness Ruling, Sending St. Jude Medical Back to Court

IP Watchdog

On April 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Niazi Licensing Corp. v. St. Jude Medical S.C., Inc. in which the court affirmed most of a ruling from the District of Minnesota, including sanctions against Niazi for improper use of expert testimony, as well as a finding of no induced infringement by St.

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More Trending

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ACE Targets Flixtor ‘News’ Domain With a DMCA Subpoena

TorrentFreak

By offering access to high quality movies and TV-shows, streaming site Flixtor.to has become the go-to destination for many pirates. The site is particularly popular in the United States and Canada, which together are good for roughly half of the site’s 26 million monthly visits estimated by SimilarWeb. This traffic hasn’t gone unnoticed by Hollywood and other major content creators.

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The Harm from Budget 2022’s Hidden Copyright Term Extension, Part One: Entry to Public Domain of Canadian Authors Lost for a Generation

Michael Geist

Copyright term extension was rightly resisted by successive Canadian governments for decades because it offers few benefits and raises significant costs. The decision to agree to an extension in the USMCA is harmful policy, made worse by the decision to bury plans for implementation in Finance Minister Chrystia Freeland’s Budget 2022. As a result, there will be a two decade moratorium on new works entering the public domain, creating an enormous impact on access to Canadian culture and his

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IP.com To Attend The Georgia Technology Summit

IP.com

Elevate | Innovate | Activate Companies use innovation to help elevate themselves in the competitive marketplace. They innovate when they develop breakthrough ideas that result in new products or services that fulfill. The post IP.com To Attend The Georgia Technology Summit appeared first on IP.com - IP Innovation and Analytics.

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First District Court Decision on Blockchain Technology Patent Eligibility

JD Supra Law

We have an update to our previous article, as the court in Rady v. Boston Consulting Group, LLC found that a patent directed to blockchain technology covered patent ineligible subject matter under the Alice test for 35 U.S.C. § 101. No. 1-20-cv-02285 (S.D.N.Y. Mar. 13, 2020) at 4-6. To our knowledge, this is the first time any court has specifically dealt with the issue of patent eligibility for blockchain technology.

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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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CCC’s Jamie Carmichael on the Inspiring STEM Podcast

Velocity of Content

Building on conversations about the need to diversify authorship in the scholarly publishing community, CCC’s Senior Director for Information and Content Solutions Jamie Carmichael was a recent guest on Martin Delahunty’s Inspiring STEM podcast. This episode features Jamie and Martin looking at initiatives in the publishing community to increase diversity, equity, and inclusion, with the understanding that open access publishing without equity achieves neither.

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How NCAA Athletes and Brands Can Avoid Big Mistakes in NIL Influencer Agreements

JD Supra Law

The biggest event of the year in college sports just concluded as national champions were crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the first time. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. Industry experts estimate that this market grew to a $13.8 billion industry in 2021, with NCAA athlete advertising alone predicted to grow to $1 billion a.

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Infographic | How to serve your counterpart of a lawsuit in Colombia?

Olartemoure Blog

La entrada Infographic | How to serve your counterpart of a lawsuit in Colombia? se publicó primero en OlarteMoure | Intellectual Property.

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Copyright and AI – the Korean View

JD Supra Law

One of the most significant outcomes of the so-called "Fourth Industrial Revolution" is the development of highly sophisticated technologies for artificial intelligence (“AI”). The scale, scope, and complexity of tasks that can be performed by AI are perceived to be endless. In fact, many human activities are now being carried out by or with the help of AI.

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IP Rights Awareness is Being Taught to Students of All Ages ‘to Build China into an IP Powerhouse’

IP Close Up

A leading source for disseminating official Chinese information, China Daily, reported recently that increased emphasis is being placed on training intellectual property specialists, “the most Continue reading.

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Lead Article: U.S. District Judge Alan Albright Grants First Two Section 101 Motions

JD Supra Law

Since his appointment in 2018, U.S. District Judge Alan Albright of the Western District of Texas has become one of the Nation’s most influential judges for patent litigation. Last December, he granted his first two motions under Section 101 of the Patent Act after denying many such motions during his first three years on the bench. Those rulings give crucial insights into how Judge Albright will approach Section 101 issues in future cases.

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Remote Employees With 2 Jobs Pose New Risks To Cos.

IP Law 360

Businesses with remote work setups must confront the risk that employees may work an additional full-time position with another company, which could open either employer up to liability for trade secret misappropriation, tortious contract interference and, for government contractors, False Claims Act violations, say attorneys at Thompson Hine.

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Music Licensing in the Age of TikTok

JD Supra Law

Trends may come and go, but TikTok is likely here to stay. With many people stuck inside during the pandemic and needing inspiration for new hobbies, they turned to TikTok for recipes, books, dances, fashion, makeup and hair, sports, music and much more. Prior to the pandemic, TikTok had 381 million users.

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Apple CEO Claims Antitrust App Store Laws Will Hurt Privacy

IP Law 360

Apple CEO Tim Cook on Tuesday slammed proposed legislation in Congress and the EU that takes aim at alleged anti-competitive tactics in tech giants' app stores, claiming that such laws would allow "data-hungry" developers to get around Apple's privacy rules.

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Junior Party Broad Files Opposition to Senior Party Sigma-Aldrich's Substantive Preliminary Motion No. 1 in Interference No. 106,133

JD Supra Law

On March 16th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Opposition to Substantive Preliminary Motion No. 1 filed on December 3rd by Senior Party Sigma-Aldrich. To recap, Sigma-Aldrich's Substantive Preliminary Motion No. 1 asked the Board to deny Broad benefit of its U.S. Provisional Application No. 61/736,527, filed December 12, 2012 (termed "P1"), pursuant to 37 C.F.R. § 41.121(a)(1) and S.O. ¶¶ 121 and 208.4.2.

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Ex-DHS Watchdog Employee Convicted Over Software Theft

IP Law 360

A Washington, D.C., federal jury has convicted a former senior U.S. Department of Homeland Security watchdog employee on charges that he stole proprietary software and sensitive employee information from the government to use in creating commercial software.

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Broadcasters’ Cable Retransmission Rights: in line (or not) with the EU right of communication to the public?

Kluwer Copyright Blog

Image by Michael Schwarzenberger via Pixabay. On March 10 th , 2022, the Advocate General (AG) Pitruzzella delivered his Opinion on the case RTL Television GmbH v Grupo Pestana S.G.P.S., S.A., et al ( C-716/20 ). The case is an ideal example of the intricacy of the EU copyright law edifice regarding the right of communication to the public, which appears as a patchwork of disperse legislative provisions and case law.

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NFT Due Diligence Lessons From Recent Cases

IP Law 360

Four pending federal cases involving disputes over nonfungible tokens highlight important questions to ask when conducting sale and purchase due diligence for NFTs, including concerns related to infringement, misappropriation or other intellectual property claims, say attorneys at Covington.

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@artistrightsnow Op-Ed: Spotify’s New ‘Discovery Mode’ Is Just Payola — Artist Rights Watch

The Trichordist

The Artist Rights Alliance writes a must-read opinion post for Rolling Stone on Spotify's playlist payola scheme.

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Photographer Slams Brooklyn Nets With Copyright Suit

IP Law 360

A New York photographer has accused the Brooklyn Nets of using two of his copyrighted photos of the "Brooklynettes" dancers on their Instagram account without his permission.

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250 Years after the Birth of Eli Terry

Christopher Roser

Two hundred fifty years ago today, clockmaker Eli Terry was born on April 13, 1772 in (what is now) South Windsor, Connecticut, USA. He was one of the earliest industrialists using mass production with interchangeable parts in the USA, contemporary with the better-known muskets of Honoré Blanc in France (ca. 1785), and long before John. Read more. The post 250 Years after the Birth of Eli Terry first appeared on AllAboutLean.com.

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[Video] Kidon IP War Stories: David Cohen & Otto Licks

JD Supra Law

My next talk is with with Otto Licks. I first met Otto while at Vringo when I was develop a global monetization campaign in which he and firm played a key role. Otto Licks is one of the founding partners at Licks Attorneys, one of, if not the leading Brazilian law firms with a global reach. Otto has a long and storied career, as an engineer, public servant, and now top-notch litigator.

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Interesting Patents | April15, 2022

LexBlog IP

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Albright Invalidates 2 Ikorongo Patents In Win For Bumble

IP Law 360

Western District of Texas Judge Alan Albright on Tuesday invalidated two patents on sharing user experiences online that Ikorongo Texas accused dating app company Bumble of infringing, finding both had violated the rarely-invoked "Original Patent" requirement for reissued patents.

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Federal Circuit Denies Rehearing in Biogen v. Mylan: Dissent Raises Four Written Description “Points of Error” That En Banc Court Should Have Corrected

JD Supra Law

On March 16, 2022, the Court of Appeals for the Federal Circuit denied Biogen International GmbH and Biogen MA, Inc.’s (“Biogen”) combined petition for panel rehearing and rehearing en banc in Biogen International GmbH v. Mylan Pharmaceuticals Inc. At issue was Biogen’s U.S. Patent No. 8,399,514 (the ’514 patent), which claimed methods for treating multiple sclerosis.

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Ill. Judge Nixes Pro-Gun T-Shirt Co.'s TM In Slogan Fight

IP Law 360

A California T-shirt company saw its trademark registration for "This We'll Defend" get canceled when an Illinois federal judge on Thursday ruled that a Chicago rival accused of unlawfully using the phrase actually has superior rights to the mark.

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Vale The Hon. Margaret Stone AO FAAL

Herbert Smith Freehills

Michael Vrisakis and alumnus David Cooper reflect on one of the many significant contributions that Margaret made to 'the law' during her impressive career. As many will know, the legislative and regulatory bedrock underpinning the $3.3 trillion Australian superannuation industry is contained in the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS).

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No design patents for you!–Extension of Fox Factory Complicates Reliance on Indicia of Non-Obviousness

LexBlog IP

In Campbell Soup Co. v. Gamon Plus, Inc. , the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. 10 F.4th 1268 (Fed. Cir. Aug. 19, 2021) (“ Gamon II ”). As the Supreme Court denied Gamon’s petition for writ of certiorari (in which Gamon argued it did not have an opportunity to request review of the PTAB’s decision by a properly-appointed Director of the USPTO), here’s a closer look

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A Leap Of Faith: Adam Kossak

Herbert Smith Freehills

If you put out a call for the proudest parents on the planet, surely the mother and late father of Adam Kossak would be near the head of the line. He merely has a predilection for spotting opportunities and following the ones that interest him wherever they may lead. And if they feed into a developing vision, so much the better. . Born and bred near Fort Lauderdale in south Florida, Kossak’s first great love was volleyball.

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Bamboozling Part II: The FTC Brings Back Retro Penalty Offense Letters like Bell Bottoms and Big Hair

LexBlog IP

What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone eras for help in getting money in its enforcement cases. Much virtual ink was spilled in fall 2021 when the FTC sent Notice of Penalty Offense letters to 1,800 companies warning them of the possibility of civil penalties if they engaged in certain practices that the agency had