Mon.Aug 23, 2021

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Copyright Takedown Gives Conservative Party Pretext to Remove Clumsy Political Attack Ad

Hugh Stephens Blog

Good political attack ads make voters angry with–or mock–the politician in the ad, reminding voters how much they dislike the targeted individual or party they represent. Poor political ads expose the sponsor of the ad to ridicule and remind voters why they should question the competence of the Party that created it.

Copyright 246
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3 Count: Telenovela Drama Ending

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: 11th Circ Ends Drama Over Venezuelan Network in Telenovela Copyright Case. First off today, Blake Brittain at Reuters reports that the 11th Circuit Court of Appeals has upheld a lower court decision in favor of Fernando Fraiz, a former president of the Venezuelan network LaTele, in their long-running fight against the Miami-based network Telemundo.

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$949,284 quote from US Postal Inspection Service to address my FOIA request regarding trademark scammers!

Erik K Pelton

My jaw dropped a few weeks ago when I received the response to our FOIA request from the U.S. Postal Inspection Service. They quoted me a $949,284 estimate to retrieve documents regarding trademark scam letters. See full letter below. Given such an expense, it seems that they must be sitting on a mountain of such documents. If so, how can there have been so few arrests or prosecutions over the years (a handful) while the scammers keep operating and even proliferating and moving into new means of

Trademark 203
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The Pirate Bay Earned Millions in Bitcoin Donations (If it HODLed)

TorrentFreak

In 2013, several popular torrent sites added the option to donate via Bitcoin. The Pirate Bay was one of the first to jump on board and within a day the site’s users had donated a total of 5.5 bitcoins. At the time one bitcoin was worth $125. This means that the site earned roughly $700 in 24 hours, which looked promising. At today’s exchange rate we can even call it spectacular, but more on that later.

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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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Second Circuit Rebukes District Court in Two-Decade Old Patsy’s Pizza Litigation

IP Watchdog

On August 17, in the case of I.O.B. Realty, Inc. v. Patsy's Brand, Inc., the United States Court of Appeals for the Second Circuit ordered that the June 4, 2020 judgment of the United States District Court for the Southern District of New York be vacated for not complying with the Second Circuit’s mandate, with judgment being entered for Patsy’s Brand and the case dismissed.

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Two DJ Music Piracy Cases Five Years Apart, Two Very Different Outcomes

TorrentFreak

Dutch anti-piracy group BREIN is at the forefront of the battle against unlicensed services in the Netherlands. In the last year alone, BREIN conducted 479 investigations which resulted in the shutdown of 466 illegal sites and services, including torrent and streaming sites, IPTV providers, and platforms that distribute music without an appropriate license.

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More Trending

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A Win for Users’ Rights: Supreme Court Finds Access Copyright Tariff Not Mandatory and End-User Perspective Must be Considered in Fair Dealing Analyses

IPilogue

Photo by Thomas Guignard from Flickr. Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . On July 30, the Supreme Court of Canada released their much-anticipated judgement in York University v Canadian Copyright Licensing Agency (Access Copyright) [ York University ]. The unanimous decision, written by Justice Abella, endorses several past Supreme Court judgements including CCH Canadian Ltd v Law Society of Upper Canada and Alberta (

Copyright 106
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INTA Brief to CJEU Says Locally Significant Unregistered Trade Names Can Co-Exist with Later Registered National Trademarks

IP Watchdog

The International Trademark Association (INTA) last week submitted an amicus brief to the Court of Justice of the European Union (CJEU) providing its input on the topic of whether earlier unregistered rights of local significance, like trade names, can coexist with later registered national trademarks. The case was referred by the Dutch Supreme Court.

Trademark 105
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Do Autonomous Vehicles Make Roads Safer?

IP.com

According to the Department of Transportation, 94% of car accidents are due to human error. With this statistic in mind, it’s not hard to believe autonomous vehicle manufacturers’ declarations of. The post Do Autonomous Vehicles Make Roads Safer? appeared first on IP.com - IP Innovation and Analytics.

IP 105
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The Law Bytes Podcast, Episode 99: “They Just Seemed Not to Listen to Any of Us” – Cynthia Khoo on the Canadian Government’s Online Harms Consultation

Michael Geist

Late last month – just weeks prior the national election call – Canadian Heritage Minister Steven Guilbeault released plans for online harms legislation with a process that was billed as a consultation, but that is probably better characterized as an advisory notice , since there are few questions, options or apparent interest in hearing what Canadians think of the plans.

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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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That’s Still a KOOL Mark, BLOOM - KOOL Cigarettes Smokes Out the Interlocking OOs in BLOOM Cannabis Products

JD Supra Law

Like me, Judge Otis D. Wright of the Central District of California remembers KOOL. A once leading menthol cigarette label, KOOL brands and its owner ITG Brands, LLC sued Capna Intellectual claiming Capna’s Bloom Brands’ use of interlocking “OO”s in its marketing of packaged cannabis products infringes on and dilutes the KOOL marks.

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How Open Science Is Shaping Research Workflow

Velocity of Content

Academic and scientific research moves methodically downstream from lab bench and laptop to data repositories and peer-reviewed journals, then finally to public and professional audiences. This workflow shapes – and is shaped by – policies and mandates of private funders and government agencies. Making science “open” will see information about discoveries and related data become freely available, under terms that enable re-use, redistribution and reproduction.

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MyMail, Ltd. v. ooVoo, LLC (Fed. Cir. 2021)

JD Supra Law

Two years ago, MyMail and ooVoo went to the mat in the Federal Circuit over claims that the District Court for the Northern District of California found ineligible under 35 U.S.C. § 101. Patent holder MyMail was able to convince two out of three judges on the Federal Circuit panel that the dispute between the parties regarding claim construction required a remand to the Distract Court.

Patent 98
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Effects of the TRIPS transition period extension on Myanmar

Managing IP

Khin Myo Myo Aye of Tilleke & Gibbins describes how the extension of the TRIPS transition period for least developed countries will impact companies operating in Myanmar

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Obviousness of a Design Patent

Patently-O

by Dennis Crouch. Campbell Soup v. Gamon Plus (Fed. Cir. 2021) [ OPINION ]. Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. However, the methodology is a bit different. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.

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Logistics Payment Co. Says Ex-Founders Stole Private Info

IP Law 360

A logistics industry digital payment company is accusing two of its founders in a Georgia federal court lawsuit of stealing proprietary information to start a rival business and trying to hide the theft by deleting records of the improperly downloaded information.

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"free-run" chicken was plausibly misleading, but "wild-caught fish" claims needed more

43(B)log

Sultanis v. Champion Petfoods USA Inc., 2021 WL 3373934, No. 21-cv-00162-EMC (N.D. Cal. Aug. 3, 2021) Sultanis alleged that petfood sold as being made with “free-run” poultry and “wild-caught” fish was falsely advertised. (Champion’s website also allegedly described its chicken supplier as “Todd of Clark Farms in Lexington, Kentucky,” even though the person depicted alongside that statement was in fact Greg Hefton of Tyson Foods.

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Toyota’s self-driving haul from Lyft includes 100+ US patent assets

IAM Magazine

Patents change hands after Japanese carmaker buys Lyft’s self-driving tech for $550 million.

Patent 98
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Google Wants Play Store Info Shielded Despite Epic Unsealing

IP Law 360

Google is asking a California federal court for a chance to keep portions of three complaints accusing it of antitrust violations over its Play Store sealed after developer Epic Games lodged an unredacted version of its complaint.

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Vanilla claim comes closer than most b/c of label image, still falls short

43(B)log

Budhani v. Monster Energy Co., 2021 WL 1104988, No. 20-cv-1409 (LJL) (S.D.N.Y. Mar. 22, 2021) Monster “sells espresso energy drinks blended with European milk and purporting to be flavored with vanilla under their Monster brand.” E.g., the Espresso Monster Vanilla Cream Triple Shot says “Vanilla Cream,” “Triple Shot,” and has an image of the vanilla flower on the front label.

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Australian Federal Circuit finds literal interpretation of "first approval" in PTE legislation leads to “manifest absurdity”

The IPKat

The Australian Federal Circuit has overturned a decision of the Commissioner of Patent to reject a patent term extension (PTE) application based on a third party marketing authorisation ([2021] FCA 643 ). The Federal Circuit found the consequences of enforcing a strict interpretation of "first authorisation" for the purposes of determining the valid authorisation for a PTE application to be wholly unreasonable.

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ThermoLife wins appeal of Lexmark-based dismissal of claims

43(B)log

Thermolife Int’l, LLC v. Compound Solutions, Inc., No. 20-16138, Fed.Appx. -, 2021 WL 963782 (9 th Cir. Mar. 15, 2021) ThermoLife got a significant success in this appeal of the dismissal of its false patent marking, false advertising, and unfair competition claims. One part was affirmed: TL alleged that Compound falsely marked one of its products, “VASO6,” as patented even though VASO6 does not practice a patented invention and is merely common green tea extract.

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Welcome to the World, Lily!

LexBlog IP

We are so pleased to congratulate our Attorney, Sam and his wife, Meredith on welcoming the newest member of the OG + S Family. Welcome to the world Lillian Mae! Lily was born on August 9 at 3:19 AM weighing in at 7 lb 6 oz and measuring at 20 inches long. We couldn’t ask for a cuter member to be added to our work family. Mom, Dad, and baby are all doing well and adjusting to newborn sleeping habits.

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Google adwords hell breaks loose. Yay!

Likelihood of Confusion

The Google / ad words / trademarks story, long a mainstay of LIKELIHOOD OF CONFUSION®, may end up needing a blog of its own, so don’t be surprised if you. The post Google adwords hell breaks loose. Yay! appeared first on LIKELIHOOD OF CONFUSION™.

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Illinois Governor Signs New Non-Compete Bill

LexBlog IP

The Illinois General Assembly passed a major bill in May that significantly alters how and when employers can use restrictive covenants with Illinois employees. Illinois Governor JB Pritzker signed the bill into law on August 13, 2021, and it will go into effect January 1, 2022. We provided details and analysis on the new law here. At a high level, the new law: (a) prohibits the use of non-compete agreements with employees paid less than $75,000 per year; (b) prohibits non-solicitation agreement

Law 52
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Greenberg Traurig Deepens IP Reach In Philadelphia

IP Law 360

Greenberg Traurig LLP is bolstering its intellectual property practice in Philadelphia with the addition of an attorney from Buchanan Ingersoll & Rooney PC with experience making his own intellectual property.

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CJEU opinion to German Courts on PDOs: if it says Champagne, it must taste like Champagne

JD Supra Law

A "Champagne Sorbet" may only bear the name "Champagne" if the taste of the sorbet is also essentially characterized by Champagne. After years of litigation up to the Court of Justice of the European Union (CJEU) the Higher Regional Court of Munich recently ruled and strengthened the protection of protected designations of origin (PDO) (Higher Regional Court Munich, decision of 1 July 2021 - 29 U 1698/14).

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Example of Court Order Granting Subpoena to Copyright Holder Seeking Identities of Alleged Unauthorized Downloaders of Adult Films – Strike 3 v John Doe – EDNY

LexBlog IP

Strike 3 subpoenas ISPs to determine the identities of John Does that it alleges downloaded its copyrighted (adult) films. The decision describes the procedure to be filed in view of the “sensitive nature of the allegations.” strike 2 john doe subpoena edny.

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As Streaming Continues to Surge, More Backend Compensation Disputes Between Talent and Studios Likely to Follow

JD Supra Law

- Beyoncé’s announcement of building a hemp farm (together with a honey farm) brings the perceived health benefits of CBD even further into the mainstream. Could this momentum ultimately lead to positive conversations around the FDA approving the cannabis-derived compound as legal? - Scarlett Johansson’s escalating fight between her and Marvel Studios and Disney about the release of “Black Widow” highlights the issue that needs to be addressed sooner rather than later between studios and.

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Questions as to Birdman’s Net Worth After Cash Money Boss Defaults On $12 Million Loan Go Unanswered In EDNY Decision On Personal Jurisdiction in Copyright Action

LexBlog IP

Photographer, represented by the Liebowitz firm, sued defendant media website for unauthorized publication of plaintiff’s photo illustrating an article entitled “Rick Ross Questions Birdman’s Net Worth After Cash Money Boss Defaults On $12 Million Loan.” Plaintiff’s allegation that defendant was based in Brooklyn according to third-party website, deemed inadmissible hearsay and therefore insufficient to establish specific jurisdiction. liebowitz inquisitr personal j

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Copyright case: Foss v. Marvic Inc., USA

Kluwer Copyright Blog

A builder of sunrooms allegedly adapted the brochure for online use without permission, but the designer’s application with the Copyright Office was still pending when she filed suit. A graphic designer’s copyright infringement claim against a builder of sunroom additions—which allegedly modified and used online a print brochure that she had designed for the builder—was properly dismissed by a district court because the designer had not obtained a copyright registration for the brochure when she

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Ga. Engineering Co. Says Ex-Execs Took Clients For Rival Biz

IP Law 360

A Georgia engineering company has sued two former vice presidents and shareholders, claiming they used confidential information to solicit customers for rival businesses that they set up in North Carolina after quitting.

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Sonos has tough fight ahead to exclude Google products from the US

IAM Magazine

Despite a preliminary ITC ruling in its favour, the home audio company must now fight off public interest arguments and a software redesign if any final exclusion order is to have teeth.

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No Special Standards for Nexus of Objective Indicia Apply to Design Patents

JD Supra Law

CAMPBELL SOUP COMPANY V. GAMON PLUS, INC. Before Moore, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The standards for establishing a presumption of nexus or a nexus-in-fact between objective indicia of nonobviousness and patent claims are the same for design and utility patents.

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University and Software Company Settle Dispute

BYU Copyright Blog

Last month, we provided an update on litigation between the software company Synopsys and the University of Rhode Island ("URI"). As we first reported in February of this year, Synopsys asserted that URI had engaged in piracy and had violated the Digital Millennium Copyright Act by using counterfeit licenses to access to Synopsys products. URI denied the allegations and provided numerous affirmative defenses in its answer.Since last month, the parties have entered into a confidential settlement