Fri.Jun 17, 2022

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Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)

SpicyIP

After 2 long years and the whole hubbub that the 12th Ministerial Conference was, (see here here and here ) WTO has finally come up with the Draft Ministerial Decision On The TRIPS Agreement. The text is bound to have the world split on what to make of it. While multiple detailed assessments of this Draft Decision are due in course, I’ll quickly highlight a few key pointers which stand out (for better or worse) .

Patent 130
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Cybersecurity legislation: Preparing for increased reporting and transparency

McKinsey Operations

To get ready for compliance with new US regulations, companies can segment their preparation into stages and take both short- and long-term actions to increase preparedness.

Reporting 129
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WTO Announces COVID Vaccine Waiver Deal That Virtually No One Wants

IP Watchdog

Following a week of round-the-clock deliberations, the World Trade Organization (WTO) this morning announced a deal on waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The final text has made almost no one happy and largely mirrors the draft text going into negotiations, with a few key changes.

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Of cosmetics, insolvency and trademarks

SpicyIP

Image from here. As reported , Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space.

Trademark 126
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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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Music Publishers Launch Crackdown on Copyright Infringing Apps

TorrentFreak

The music industry has battled against various forms piracy for several decades, but it’s hard to root out. Many of the enforcement efforts are targeted at services or tools that offer pirated content, but there are less visible copyright infringement challenges too. Unlicensed Platforms and Apps. In recent years music publishers have repeatedly spoken out against online platforms that use their music without a proper license.

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Promoting IP Awareness Through Mandatory Modules

IPilogue

Jaime Zorrilla is an IP Innovation Clinic Fellow and a 2L JD/MBA Student at Osgoode Hall Law School & the Schulich School of Business. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course. After inviting public and stakeholder feedback in 2020, the Ontario Government commissioned the Report by the Expert Panel on Intellectual Property.

IP 119

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The Copyright Claims Board is Open for Service. Now We Wait.

The Illusion of More

The small claim tribunal, the Copyright Claims Board, opened its virtual doors yesterday, and by EOD, about a dozen claims were on the docket. A glance at the named defendants reveals a list of commercial users who allegedly infringed protected works, which is no surprise and probably good news. I say it’s no surprise because, […]. The post The Copyright Claims Board is Open for Service.

Copyright 116
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Ninth Circuit Decision Provides Clarity While Raising New Questions

JD Supra Law

The Ninth Circuit Court of Appeals recently held in AK Futures LLC v. Boyd St. Distro, LLC that delta-8 THC is legal for purposes of trademark protection. 35 F.4th 682, 686 (9th Cir. 2022). The rationale behind this ruling has roots in the 2018 Farm Bill (also known as the Agriculture Improvement Act of 2018)—or, more specifically, what was left out of the 2018 Farm Bill.

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Sony Fights To Ax Jimi Hendrix Copyright Case In UK

IP Law 360

The U.K. arm of Sony Music sought Friday to pause a copyright challenge in England over royalties from recordings of Jimi Hendrix songs as they are related to proceedings in the U.S.

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Heavy Uptick in Patent and Trademark Mass Mailers

JD Supra Law

Mass mailers have been around in the U.S. since at least 1835.i Most are innocuous. “10% off at your local pizzeria.” “Weekly specials on bananas and ground beef at your local grocery.” Rarely do they catch your attention or give you any pause.

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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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OM Weekly Digest 06/17/22

Olartemoure Blog

06/16/22 – Litigation. On 1 June 2022, the Supreme Court of the State of New York issued a temporary restraining order (TRO) against an unnamed defendant in a hacking case where a crypto exchange company suffered a loss of almost USD 8 million. The TRO blacklisted the hacker’s wallet interfering with the defendant’s property, accounts, tangible or intangible assets of any kind, located inside or outside the United States, including the cryptocurrency held in the wallet.

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New Forum for Copyright Small-Claims Disputes Begins Accepting Complaints

JD Supra Law

Claimants pursuing certain copyright claims may now access a new, more economical, and potentially more expedient alternative to federal-court litigation. Beginning June 16, 2022, the Copyright Claims Board (CCB) will accept complaints from petitioners seeking to resolve copyright disputes involving claims up to $30,000.

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Mass. Jury Says GE Infringed Siemens Wind Turbine Patent

IP Law 360

A Massachusetts federal jury on Friday found that General Electric infringed a Siemens Gamesa Renewable Energy patent covering offshore wind turbines, although it also determined that another Siemens patent covering the technology was invalid.

Patent 94
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Mastering the dual mission: Carbon and cost savings

McKinsey Operations

OEMs will need to move quickly to achieve their “dual-saving” ambition of reducing both total product emissions and costs. A limited supply of low-carbon materials adds pressure to act now.

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SEC comment on 1A and climate disclosures with @democracyfwd

43(B)log

Thanks to the folks at Democracy Forward for getting me involved in this: climate policy disclosures are factual and legitimate tools to protect investors. Text of comment available here. [link].

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Deputy Secretary Don Graves Honors Juneteenth: "Equity is at the Core of Everything We Do at Commerce"

U.S. Department of Commerce

Deputy Secretary Don Graves Honors Juneteenth: "Equity is at the Core of Everything We Do at Commerce". June 17, 2022. KCPullen@doc.gov. Fri, 06/17/2022 - 13:32. Minority business growth. Post by. Don Graves. On behalf of the U.S. Department of Commerce, it’s my honor to wish you a happy Juneteenth. Today, we honor the Black Americans who blazed trails before us, those of us living their legacy today, and the future generations who fill us with hope.

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Brand Battles: Saks.com Chases After 'Pets 5th Avenue' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, luxury online retailer Saks is trying to stop a smaller retailer's trademark application for "Pets 5th Avenue" — plus four other cases you need to know about.

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Kudos to USPTO, DOJ, NIST for Abandoning a Bad Draft, but Future Remains Murky for SEP Holders

IP Watchdog

In a recent surprise decision, the U.S. Department of Justice (DOJ), U.S. Patent and Trademark Office, and the National Institute of Standards and Technology officially withdrew their 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments and declined to advance an alternative policy statement as a replacement.

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

IP Law 360

This week in London has seen Uber take an English local authority for a ride over licensing agreements, the secretary of state for justice sued by convicted fraudster Giovanni Di Stefano, and the BBC put in the spotlight over the rights to an episode from its hit TV crime drama, "Silent Witness.

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Amicus of copyright law professors in Warhol Foundation v. Goldsmith

43(B)log

Available here. Thanks to all who participated! Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. But the skills of interpretation are not calculation skills. Much art would be at risk if fair use inquiries ignored reasonable audiences’ views about when a new creation based on an existing work has a new meaning and message.

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How High Court May Tackle Fair Use In Warhol Case

IP Law 360

After disappointing the technology world last year by leaving questions of copyrightability unanswered in Google v. Oracle, the U.S. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v. Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter.

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4th Circuit upholds contempt ruling in false advertising case: scrub your website and FB account!

43(B)log

De Simone v. VSL Pharmaceuticals, Inc., F.4th -, 2022 WL 2036293, No. 20-1846, No. 20-1869 (4th Cir. Jun. 7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Of potential broader interest because of its discussion of content that is still live on one’s website but no longer linked to and of Facebook comments.

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'70s Rockers Say Warner Cuts Musicians' Streaming Royalties

IP Law 360

Two members of the 1970s pop rock band Orleans have accused Warner Music of intentionally miscalculating royalty rates for digital streaming of recordings and shorting musicians of their proper compensation, according to a proposed class action in Nashville federal court.

Music 73
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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

A TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time by looking just at the marks and the goods. Here are three more Section 2(d) appeals for your consideration. How do you think they came out? [Results in first comment]. In re Kenzo Ltd. , Serial No. 79272212 (May 23, 2022) [not precedential] (Opinion by Judge Peter W.

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3 ways work experience outsmarts formal education for professional development

McKinsey Operations

The McKinsey Global Institute used big data to examine 4 million real-world job histories and found that meaningful work experience is critical to human capital development. Effective organizations who prioritize learning and development can have a major impact on whether or not an individual reaches their potential, write Anu Madgavkar and Sven Smit in World Economic Forum Agenda. .

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Sports & Entertainment Spotlight: Apple Inks a 10-Year Partnership With Major League Soccer

JD Supra Law

Welcome back to the "Spotlight!" In the spotlight this past week in Washington, D.C. (and beyond) was the beginning of the House of Representatives’ Select Committee’s public hearings regarding the January 6, 2021 insurrection at the U.S. Capitol. As the Committee laid bare their evidence and findings regarding the events leading up to and around January 6th, others on the Beltway sought to minimize or whitewash the reality of what took place — including Washington Commanders Defensive.

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The best way for companies to build their talent pool: Embrace employee mobility

McKinsey Operations

People grow and add skills by varying their work experience—in other words, by moving, write Bill Schaninger and Anu Madgavkar in Fortune.

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Hong Kong Furniture Maker Hit With $100M Verdict In IP Spat

IP Law 360

A Wisconsin federal jury on Friday slapped Hong Kong furniture maker Man Wah Holdings Ltd. with a $100 million verdict for infringing a Wisconsin company's patent as well as misappropriating its trade dress for a multifunctional lighted cup holder.

IP 52
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[Video] The Briefing by the IP Law Blog: What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use.

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Fed. Circ. Vacates PTAB Invalidation Of Now-Expired Patent

IP Law 360

A split Federal Circuit panel has thrown out the Patent Trial and Appeal Board's rejection of a pair of claims in a SynQor power converter patent, saying the patent had expired before the board entered a final decision.

Patent 52
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Design Tascono, Inc. sues The Concrete Lady, Inc. for Alleged Copyright Infringement

Indiana Intellectual Property Law

Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”). According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures. Design Tascono sells these pieces through various means, including its website, catalog, previously through SkyMall magazine, as well as through various authorized on-line ret

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WTO Vax Patent Deal Seen As Doing Little To Boost Access

IP Law 360

The World Trade Organization's narrow agreement allowing developing countries to authorize the use of patents for COVID-19 vaccines has dismayed both supporters and opponents of waiving intellectual property rights amid the pandemic, and attorneys say its impact on vaccine access will be limited.

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No New BookExpo Coming

Velocity of Content

Publishers Weekly reports there is little appetite in the US publishing community for a large-scale annual trade show along the lines of BookExpo, which folded in 2020 after many years at the Javits Center in New York City. “The overwhelming response from the big houses was that they have no desire to go back to the Javits Center, with its big booths and the costs in time and resources that entails,” says Andrew Albanese , PW senior writer.

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OFAC Authorization of Certain ?Transactions Related to Patents, ?Trademarks, and Copyrights

JD Supra Law

On May 5, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued General License No. 31 (“GL 31”), which makes clear that U.S. Persons may continue to act in the Russian Federation to protect their intellectual property. These actions might otherwise be prohibited by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587.

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Tobacco Cos. Want Stay Lifted On $11M Bond In TM Case

IP Law 360

Top Tobacco LP and Republic Technologies LLC are asking a Georgia federal court to lift a stay on an order directing a wholesaler to secure a bond while he appeals an $11 million judgment over counterfeit rolling papers, saying the wholesaler is trying to deprive them of the judgment by failing to get the bond.