Wed.Jun 09, 2021

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Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

Intellectual Property Law Blog

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This is especially hazardous for counterfeit medical items, mechanical parts, and food products, to name a few. What is more, the reputational damage inflicted by low-quality products can be devastating.

Branding 147
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Statutory Licensing in India in the Age of Online Music Streaming: A Comment on Tips vs. Wynk

Kashishipr

Internet streaming in India contributes to the majority of revenues of the recorded music industry. With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year.

Music 98
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Consensus on geographical indications protection reached between China and the US

Managing IP

Gang Hu of CCPIT Patent and Trademark Law Office discusses the Economic and Trade Agreement between China and the US regarding the protection of geographical indications

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College Application Consulting Business Accused of Infringement

BYU Copyright Blog

On May 22, 2021, Ivy Coach, Inc. ("Ivy") filed a lawsuit against Lehren Education, Inc. ("Lehren"). Both companies assist and guide prospective university and college students in their application process.In its complaint, Ivy accuses Lehren of copying “significant portions of Ivy Coach’s content from a page explaining the benefits of using an admissions consultant.

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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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Emergency Rental Assistance Program Update

GDB Firm Blog

New York State has implemented the Emergency Rental Assistance Program (the "Program"), and applications are being accepted as of June 1, 2021. To qualify, the tenant's household gross income must be at or below 80 percent of the Area Median Income, which differs by county and household size.

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Precedential No. 14: Indefinite Recitation of Services and Failure to Adequately Respond to Information Request Sink SHIFTMAG Application

The TTABlog

Applicant SICPA Holding SA ran into double trouble when it applied to register the mark SHIFTMAG for "security consulting in the nature of professional consulting on magnetic stripe color shifting smart designs based on liquid crystal technology for visual card authentication, embed protection and brand identity customization.” In a dubiously precedential opinion, the Board agreed with Examining Attorney Brian Pino that SICPA's recitation of services was fatally indefinite, and the Board also up

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Everyday IP: The notable IP of golf, basketball and other sports

IP Blog

There are more than a few fascinating stories regarding Intellectual Property in sports, ranging from the origin of basketball to the thousands of patents in golf.

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Semiconductor in-house speak out on top IP concerns

Managing IP

Counsel at three semiconductor firms say managing confidentiality and procedural differences between the US and other countries is one of their biggest issues

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Another tragic deaccessioning story

The Art Law Blog

The Thomas Cole painting "controversially sold" by the Newark Museum recently ("More than 50 cultural historians and critics [had] released an open letter denouncing the sale as a 'senseless monetization' of the art") has ended up. 90 miles away, at the Philadelphia Museum of Art: "It was purchased from the auction by the Thomas H. and Diane DeMell Jacobsen PhD Foundation, a St.

Art 40
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In-house: counterfeiters increasingly targeting unregistered IP

Managing IP

Infringers are focusing less on direct trademark infringement and are instead mimicking the feel of brands, say in-house counsel

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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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"It’s a reminder that American museums deaccession all the time, and have done so for years."

The Art Law Blog

The Washington Post's Sebastian Smee takes a look at what has actually happened since the AAMD relaxed its deaccessioning rules at the beginning of the pandemic. The bottom line: "[T]he AAMD’s decision to loosen its restrictions on deaccessioning hasn’t really resulted in the bonanza for auction houses that many predicted. In fact, when you even it out, sales from art museum collections have been more or less in line with sales pre-pandemic.

Art 40
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Tech companies unpick best FTO strategies

Managing IP

Some counsel say selective FTO is key in a crowded field, while others say ignorance is bliss

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America’s Strong Marine Economy Vital to Building Back Better

U.S. Department of Commerce

America’s Strong Marine Economy Vital to Building Back Better. June 9, 2021. KCPullen@doc.gov. Wed, 06/09/2021 - 13:00. Environmental data. Cargo ship safely entering the port of Miami in Florida. (NOAA). America’s marine economy contributed about $397 billion to the nation’s gross domestic product in 2019 and grew faster than the nation’s economy as a whole, according to the most current results of the first official Marine Economy Satellite Account released today by two Department of Commerce

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A further step into a systematic distortion: The EC Guidance on Article 17 CDSM Directive further complicates copyright exceptions

Kluwer Copyright Blog

Image by anncapictures from Pixabay. On 4 June 202, the European Commission published its guidance on Article 17 of Directive 790/2019 on Copyright in the Digital Single Market (CDSM Directive). The guidance drew attention mainly because the Commission shifted from a position that rejected ex-ante blocking of content to a permissive take towards ex-ante blocking beyond manifestly illegal content (see here ).