Fri.Jan 27, 2023

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Understanding the Luchasaurus/AEW Mask Lawsuit

Plagiarism Today

Mask makers Composite Effects (CFX) have filed a lawsuit against All Elite Wrestling over the use of Luchasaurus' mask in merchandise. The post Understanding the Luchasaurus/AEW Mask Lawsuit appeared first on Plagiarism Today.

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The health benefits and business potential of digital therapeutics

McKinsey Operations

Digital-native start-ups and healthcare incumbents can both play important roles in building and scaling digital therapeutics to improve the management of chronic health conditions.

Business 135
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Trending Sources

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Usenet Provider Claims Supreme Court Victory Against Anti-Piracy Group BREIN

TorrentFreak

In 2009, anti-piracy group BREIN took News-Service Europe (NSE) – one of Europe’s largest Usenet providers at the time – to court. Representing the movie and music industries, BREIN argued that NSE must delete all infringing content from its servers, and in 2011 the Court of Amsterdam sided with the anti-piracy group. In its initial verdict, the Court concluded that NSE willingly facilitated online piracy through its services.

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Semiconductor fabs: Construction challenges in the United States

McKinsey Operations

Major semiconductor players have undertaken and announced US-based fab construction projects, and more are under consideration. Here’s a road map for moving ahead.

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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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ACE Anti-Piracy Coalition Takes Credit for USTVGO Shutdown

TorrentFreak

With millions of monthly users, USTVGO was one of the most visited live TV streaming portals on the Internet. As its name suggests, the portal focused on US channels, making it a popular site for cord-cutting Americans or those living abroad. Last week, USTVGO came to an abrupt end. Instead of the usual list of links to over a hundred channels including ABC, CBS, NBC, and Nickelodeon, visitors were welcomed by a brief statement suggesting that it had shut down ; “Sorry, we are closed”

Privacy 124
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Jack Daniels vs Bad Spaniels: Funny Jokes and Free Speech

Patently-O

It is hard for me to believe that the US Supreme Court is hearing the case of Jack Daniels vs Bad Spaniels. For those who don’t know, Jack Daniels is a form of Whiskey. VIP Products makes and sells a squeaking dog toy known as “bad spaniels.” The setup here is a humorous parody, but JD is not laughing. Jack Daniels sent a cease-and-desist letter to VIP who then filed a declaratory judgment action in Arizona.

More Trending

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How Daiichi Sankyo Europe drives growth with digital and analytics

McKinsey Operations

Digital and analytics can markedly improve life sciences companies’ engagement with customers. Daiichi Sankyo Europe’s CEO Jan Van Ruymbeke explains the challenges to adopting digital and analytics and how his company overcame them.

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SpicyIP Tidbit: Delhi HC passes ex parte injunction in favour of Glenmark in ‘TELMA / TELMA-AM’ counterfeiting claim

SpicyIP

Image from here The Delhi High Court passed an ex parte injunction in the matter of Glenmark Pharmaceuticals vs Sanjeevni Medicos And Or against the defendant and restrained them from manufacturing, marketing, selling, and advertising medicinal and pharmaceutical preparations under Glenmark’s trade mark – ‘TELMA’ and ‘TELMA-AM’ and any other mark deceptively similar to the same.

Marketing 111
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The Latest Chapter in Copyrightability of AI-Generated Works

JD Supra Law

From artificial intelligence (AI) tools that can generate highly sophisticated art, music, and conversation to technology capable of recreating Elvis on the big screen, a recent explosion and maturing of generative AI technologies is disrupting all forms of content. But while AI tools are becoming ubiquitous and creating new and innovative ways to create and monetize content, unanswered legal questions leave the legal landscape uncertain.

Music 102
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Four themes shaping the future of the stormy European power market

McKinsey Operations

Demand for electricity in Europe is surging at a time when supplies are disrupted. To adapt to the market’s uncertainty and rising prices, players will have to be clear-eyed about what’s ahead.

Marketing 100
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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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Canada Proposes Sweeping National Security Updates to Investment Canada Act

JD Supra Law

Foreign investors in Canadian businesses are set to face tougher national security review provisions under the Investment Canada Act (the ICA). Canada’s Minister of Innovation, Science, and Industry proposed sweeping amendments to the ICA through the introduction of Bill C-34 on December 7, 2022.

Business 101
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When is an IP agreement between a university and a student inventor unfair?

The IPKat

In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR).

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Not-So-Open Gaming License: Dungeons & Dragons Publisher Tries to Tighten Grip on Third-Party Content - Kattison Avenue/Katten Kattwalk | Issue 2

JD Supra Law

It’s an agreement that fans and content creators have been operating under for years: use Dungeons & Dragons (D&D) as the base system for your podcast, tabletop roleplaying game system (like Pathfinder, or Adventures in Middle Earth), or TV show and the game’s publisher, Wizards of the Coast, will not require royalties or pursue legal action if you follow its open licensing agreement.

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Pandemic measures cease but ViCo Boards of Appeal oral proceedings continue

The IPKat

The EPO has announced the cessation of pandemic measures. The announcement ( here ) states that going forward it will now be at the discretion of individual Boards of Appeal to summon parties to and conduct oral proceedings either in person or by VICO. The EPO has also launched a user consultation on the implementation of Board of Appeal oral proceedings by videoconference (ViCo).

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Luxury Fashion Designer Earns Its Stripes In Trademark Victory Against adidas

JD Supra Law

The battle over whether a luxury fashion brand’s stripe designs infringes adidas’ signature “Three Stripe” trademarks ended on January 12. On that day, a jury found that designer Thom Browne, Inc., known for its natty tailoring and designs, was not liable to the activewear giant for trademark infringement.

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Critical Overview Of The Effect Of Non-Use Of Trademarks

IP and Legal Filings

Introduction A trade mark provides protection to its owner by securing the owner’s exclusive right to use it or by granting another party permission to do so in exchange for money. Despite the fact that the duration of protection varies, a trademark can be renewed in perpetuity by paying additional fees after the first term has expired. In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward.

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rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

Steeplechase Arts & Productions, L.L.C. v. Wisdom Paths, Inc., 2023 WL 416080, No. 22-02031 (KM)(MAH) (D.N.J. Jan. 26, 2023) In this pre-discovery summary judgment ruling, the court adopts the correct view of whether rebinding creates a derivative work (no) but finds that there could still be trademark infringement, in the process suggesting that a defendant might not be responsible if an online portal forces it to choose from condition descriptions, none of which quite fits.

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5 Ways Attys Can Use Emotion To Help Close A Deal

IP Law 360

Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

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Friday Fantasies

The IPKat

It is nearly the end of January. Here is the latest report on the interesting opportunities and events happening in the next few months. 2023 ISHTIP WORKSHOP Image by Riana Harvey The International Society for the History and Theory of Intellectual Property (ISHTIP) at the Tel Aviv University will held its 14th Annual Conference, which this year will focus on the theme IP and Migration – of people, information, technology, creativity and law.

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Bankruptcy 'Shatters' Radio Antitrust Suit, Motorola Says

IP Law 360

Motorola Solutions Inc. asked an Illinois federal judge Thursday to gut the latest version of Chinese push-to-talk radio rival Hytera's antitrust lawsuit, arguing that the bankruptcy of two Hytera subsidiaries amid a wider trade secrets fight fundamentally changes the trajectory of a case that previously survived dismissal.

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Net zero: Next moves for CEOs

McKinsey Operations

How leaders can invest in a sustainable future and navigate near-term energy pressures successfully.

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Reconciling the Isolated Process of Law School with the Collaborative Nature of Legal Work

IPilogue

Mona Karimi is 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. My internship at Innovation, Science and Economic Development Canada (“ISED”) started long before the semester actually began. ISED works with Canadians in all sectors of the economy and across Canada to create a more favourable environment for investment, strengthen Canada’s innovation capacity, boost the country’s share of internati

Law 59
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Webinar Recap! 2022 Trade Secrets & Non-Competes Year in Review

Trading Secrets

In the second installment of the 2023 Trade Secrets Webinar Series, Seyfarth attorneys reviewed noteworthy legislation, cases, and legal developments from across the nation over the last year in the areas of trade secrets and data theft, non-competes and other restrictive covenants, and computer fraud. Plus, they provided predictions for what to expect in 2023.

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Dastar bars federal anticopying claims, but not state ones?

43(B)log

Williams-Sonoma, Inc. v. Wayfair Inc., F.Supp.3d -, 2023 WL 371035, No. 1:21-12063-PBS (D. Mass. Jan. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

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[Audio] Podcast: The Briefing by the IP Law Blog - 2023 IP Resolutions Start with a Review of IP Assets

JD Supra Law

The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets. Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog.

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statements to investors not probative of commercial ad/promotion in Lanham Act case

43(B)log

Strategic Partners, Inc. v. FIGS, Inc., 2022 WL 18399950, No. 2:19-cv-02286-JWH-KS (C.D. Cal. Sept. 26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. Since the court had some interesting evidentiary rulings, I’m blogging that here.

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Celltrion Files IPR Petition on Aflibercept Patent

JD Supra Law

Last week, Celltrion filed an IPR petition, PTAB IPR2023-00462, seeking cancellation of claims 1-18 of U.S. Patent No. 10,464,992 (“the ’992 patent”), assigned to Regeneron Pharmaceuticals, Inc.

Patent 55
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"out of stock" not shown to be misleading when Walmart stopped stocking P's product

43(B)log

Stiles v. Walmart, Inc., F.Supp.3d -, 2022 WL 16806210, No. 2:14-cv-02234-DAD-DMC (E.D. Cal. Nov. 8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. Many years ago, Walmart agreed to sell the Stiles Razor in its stores, but about ten years ago, Walmart terminated the relationship. Stiles alleged that it sold knockoff razors instead, infringing her patents, violating trademark and antitrust law, and interfering with her economic inter

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Though Not A “Routine Avenue,” Petitioner Permitted To Submit Supplemental Information

JD Supra Law

The PTAB recently granted Frameless Hardware Company LLC’s (“FHC”) motion to submit supplemental information to its expert’s original declaration in support of institution. FHC had filed two petitions against Patent Owner, C.R. Laurence Co., Inc. (“CRL”), challenging six total claims of CRL’s patent, U.S. Patent No. 9,074,413 B1 (the ‘413 patent).

Patent 55
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Don’t Tread on "T"

Likelihood of Confusion

Via yesterday’s Best of the Web Today, a link to story in the online edition of the Indianapolis Star reporting that Fort Wayne Community Schools officials violated a high school. The post Don’t Tread on "T" appeared first on LIKELIHOOD OF CONFUSION™.

Editing 52
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Counsel Fight Brews In Battle Over $143M Bitcoin Verdict

IP Law 360

Attorneys for the estate of deceased computer forensics expert Dave Kleiman objected Friday to a new attorney appearing for a company Kleiman co-founded with self-professed bitcoin inventor Craig Wright, calling the new attorney's appearance an "unbelievable gambit" by Wright to assert control over the company, which holds a $143 million judgment against Wright.

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The Briefing by the IP Law Blog: 2023 IP Resolutions Start with a Review of IP Assets

LexBlog IP

The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets. Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog. Read Scott’s article about IP asset reviews on the IP Law Blog here. Listen to this podcast episode here.

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The "Inevitable Disclosure" Doctrine and the DTSA

JD Supra Law

The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the plaintiff's trade secrets. In the seminal case that articulated this doctrine, the court enjoined the defendant from working for the competitor because "there….

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The Briefing by the IP Law Blog: 2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets. Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog. Read Scott’s article about IP asset reviews on the IP Law Blog here. Listen to this podcast episode here.

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USPTO Adds 75 Climate and Green-Tech Terms to Trademark ID Manual

LexBlog IP

Earlier this month, the United States Patent and Trademark Office (USPTO) announced that it is adding new climate and green tech-related terms to the Trademark ID Manual. The USPTO has already added 75 terms that include biomethane, research and development in the field of wind energy, and treatment of captured landfill gasses. Practically, the addition of these terms will allow more trademark applicants who offer green tech to file for trademark applications by using the TEAS Plus form and pay