Tue.Nov 15, 2022

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3 Count: Top Gun 2.5

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘Top Gun: Maverick’ Copyright Suit Flies On As Paramount’s Motion To Dismiss Denied. First off today, Dominc Patten at Dedline reports that Paramount has failed in an early bid to get the lawsuit over Top Gun: Maverick dismissed as the judge ruled that such a dismissal at this point would be premature.

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The Biggest Change to Trademark Applications in Many Years

Erik K Pelton

Beginning in December 2022, the USPTO is implementing the most significant change to the trademark application process in many years. Listen for more details about the changes and their impacts on trademark applicants. For more about the trademark application process, see [link]. The post The Biggest Change to Trademark Applications in Many Years appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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Global flows: The ties that bind in an interconnected world

McKinsey Operations

Economic and political turbulence have prompted speculation that the world is already deglobalizing. But the evidence suggests that global integration is here to stay, albeit with nuance.

Marketing 143
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Man Used Stolen Netflix Credentials to Acquire Content For Torrent Site

TorrentFreak

As part of a campaign against torrent sites in Denmark, local anti-piracy group Rights Alliance (Rettigheds Alliancen) targeted several members-only torrent trackers. Early November 2021, the Public Prosecutor for Special Economic and International Crime (SØIK) announced that six people had been arrested following criminal referrals by Rights Alliance.

Copying 128
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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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Taking a skills-based approach to building the future workforce

McKinsey Operations

Our work with the Rework America Alliance highlights how a skills-based approach can help US employers expand talent pools and retain great workers—even through economic uncertainty.

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VPN Restrictions Are Problematic, App Association Tells U.S. Government

TorrentFreak

VPNs are valuable tools for people who want to access the Internet securely and with decent privacy. These services are vital for whistleblowers, activists, and citizens rebelling against Government oppression. The latter has become clear once again in recent months, with Iran pulling out all the stops to block VPN services that dare to offer protesters a window to the rest of the world.

More Trending

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Trademark Law Moves Online: “MetaBirkin” Updates

IPilogue

Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. Imagine a Birkin bag – an iconic, timeless piece that arguably embodies luxury. Now make it digital, cover it in fur and sell it as a non-fungible token (NFT) called “MetaBirkin” for at least 3.8 Ethereum (about $6900 Canadian). Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon?

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SpicyIP Weekly Review (November 8-November 15)

SpicyIP

We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Below, you’ll find our quick summary including of four of our posts, 15 court orders passed in the last week, and some notable international developments. Did we miss anything big? Let us know in the comments below! Highlights of the Week. Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders.

Trademark 105
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What Is Ikigai?

Christopher Roser

Recently, the Japanese word ikigai has been popping up as a way to find happiness. While not quite a manufacturing theme, it is related to industry and to Japanese culture, and hence I decided to write a blog post about it. It is a lot of hubbub around a few good (but not new) ideas, Read more. The post What Is Ikigai? first appeared on AllAboutLean.com.

Blogging 102
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BREAKING: Intel Hit With $948M Verdict In Latest VLSI Patent Fight

IP Law 360

A federal jury in the Western District of Texas hit Intel Corp. with a $948 million verdict on Tuesday for infringing a VLSI patent on microchip technology, handing the patent licensing company another whopping verdict in its ongoing patent fight with the chipmaker.

Patent 98
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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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Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages

JD Supra Law

As highlighted by a recent decision of the United States District Court for the Southern District of New York, a party’s failure to properly mark its products with its issued U.S. patent number(s) will very likely result in a complete loss of the ability to recover infringement damages that occurred prior to the delivery of a specific allegation of infringement to an accused infringer.

Patent 98
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My Testimony to the Colombian Constitutional Court Regarding Online Account Terminations and Content Removals

Technology & Marketing Law Blog

Today, I testified remotely before the Colombian Constitutional Court in the case of Esperanza Gómez Silva c. Meta Platforms, Inc. y Facebook Colombia S.A.S. Expediente T-8.764.298. In a procedure I don’t understand, the court organized a public hearing to discuss the issues raised by the case. (The case involves Instagram’s termination of an adult film star’s account despite her account content allegedly never violating the TOS).

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The Supreme Court Takes Up The Patent Act’s Enablement Standard

JD Supra Law

Last week, the Supreme Court granted a petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC—a highly-anticipated case that raises a key issue for patent protections: the Patent Act’s “enablement” standard, particularly as it relates to “genus” patent claims.

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Clarifying the Clarification of the Clarification: Why Yet Another Upcoming “Clarification” from CRTC Chair Ian Scott Demonstrates the Risks of Bill C-11 and Government Interference

Michael Geist

CRTC Chair Ian Scott returns to the Standing Senate Committee on Transportation and Communications tomorrow for yet another appearance on Bill C-11. According to multiple sources, the appearance came at the Scott’s request, who is seeking yet another chance to “clarify” his earlier remarks. I’m hardly one to criticize multiple committee appearances, but the continued effort to clarify earlier comments smacks of political involvement.

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Exponential Increases In Artificial Intelligence Patent Filings

JD Supra Law

Artificial intelligence (AI) and machine learning systems are powerful driving forces in the modern era—defining new frontiers for complex and advanced software services and products. With significant innovation in the AI space, companies should consider the importance of filing patent applications to protect their valuable advancements in the AI space.

Patent 98
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[Guest post] Can injunctions orders be enforced in the case of NFTs? Do not take it for granted…

The IPKat

The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) as a “sequel” to last week’s IPKat post on the recent Rome decision on NFTs and trade mark infringement. Here’s what Paolo writes: Can injunctions orders be enforced in the case of NFTs? Do not take it for granted by Paolo Maria Gangi Eleonora Rosati explained, on November 11, 2022, in a very good article on this blog, how the Rome Court of First Instance issued an injunction in favour of the Juve

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Federal Circuit Patent Watch: How can an irrevocable license be revoked?

JD Supra Law

Precedential Federal Circuit Opinions - UNILOC 2017 LLC v. GOOGLE LLC [OPINION] (2021-1498, 2021-1500, 2021-1501, 2021-1502, 2021-1503, 2021-1504, 2021-1505, 2021-1506, 2021-1507, 2021-1508, 2021-1509, 11/4/2022) (Lourie, Dyk, Hughes) - Dyk, J. Reversing grant of motion to dismiss, due to lack of standing, and remanding. The district court found that the patent owner had granted an irrevocable, non-exclusive license to a third party and therefore lacked standing to pursue the present case.

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The McKinsey Crossword: Animal Alliteration | No. 102

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Top Three IP Issues For Agtech Startups

JD Supra Law

Innovation, agriculture, and technology took center stage at San Diego’s first AgTech Hackathon. The event took place October 21 – 23 in the city of Escondido, a key farming hub in San Diego County looking to attract agtech startups to the region.

IP 98
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Thinking like a ‘ServCo’: How telcos can drive B2C growth

McKinsey Operations

Even without legal or structural separation, telcos can accelerate the transformation of their B2C business units by adopting the mindset of a service company (“ServCo”).

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I Feel Good (I Own James Brown's Songs), Financier Says

IP Law 360

The music industry financier behind the famous "Bowie Bonds" investment vehicle filed suit Tuesday in a New York federal court against the estate of James Brown, claiming the late soul singer sold off his catalog of hit records for $26 million to pay off tax debts decades before Brown's estate sold the songs for $90 million to someone else.

Music 75
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US health systems: Diversify to thrive

McKinsey Operations

US health systems are diversifying their businesses to unlock growth and support core hospital operations, carefully choosing investment areas and structures in line with their objectives.

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GAO Says Feds Lack Int'l Student Data To Identify Tech Risks

IP Law 360

U.S. Immigration and Customs Enforcement is missing data that could be used to identify international students who pose a high risk of transferring sensitive U.S. research to China and other foreign governments, the U.S. Government Accountability Office reported on Tuesday.

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Hard choices: How Europe’s fastest-growing start-ups become unicorns

McKinsey Operations

Just one in ten start-ups valued at $100 million grows to $1 billion within four years. Here are five trade-offs they made to get there.

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Megan Thee Stallion's Music Can Promote AMAs, Judge Says

IP Law 360

A Houston court order said Megan Thee Stallion's record label can't block her music from being used for promotion leading up to the American Music Awards later this week, granting a temporary restraining order sought by the Houston rapper in a situation that prompted the label's King & Spalding LLP attorney to say "she enjoys going to court more than I do.

Music 74
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US—Copyright Round-Up

Kluwer Copyright Blog

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use. Also, in a rebuff to claims of copyright in AI-created works, the US Copyright Office has reaffirmed its position that human authorship is a requirement for copyright p

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New Indictments Reflect DOJ's All-Tools Approach To China

IP Law 360

The U.S. Department of Justice’s recently announced charges against 13 individuals allegedly working on behalf of the Chinese government reflect a refinement of law enforcement’s role in countering national security threats, and an aggressive effort to disrupt China's long-standing practice of conducting intelligence operations on U.S. soil, says David Aaron at Perkins Coie.

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The changing face of grocery demand

McKinsey Operations

Consumers are increasingly seeking value, healthier products, and convenience. Retailers must be prepared to keep pace with these evolving preferences.

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TTABlog Test: Is "BORRELLO'S" Primarily Merely a Surname for Cell Phone Accessories?

The TTABlog

We haven't had a surname case in a while. Here, the USPTO refused to register the proposed mark BORRELLO'S for various cell phone accessories and related goods, on the ground that the mark is primarily merely a surname under Section 2(e)(4). Applicant James Lyons argued that the term does have a non-surname meaning: it is the name of a commune and town in the province of Chieti in the Abruzzo region of Italy, which is a place of historical significance, named after the iconic ruling Borrello fam

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2022 LNG Buyer Survey: Adapting to an uncertain future

McKinsey Operations

Our recent survey illustrates how the liquefied natural gas market has shifted in response to concerns about supply security and environmental sustainability.

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Old U.S. Trademark Classes

Corsearch

Trademark applications filed at the United States Patent and Trademark Office (USPTO ) before September 1, 1973, were originally categorized according to a national classification system. International classes have since been assigned to all such registered marks, but the original U.S. classes are still also included in the database. For applications filed on and after September 1, 1973, a list of corresponding U.S. classes is generated automatically by the USPTO based on the international class

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Latest Federal Court Cases - November 2022 #2

JD Supra Law

In re: Apple Inc., Appeal No. 2022-162 (Fed. Cir. Nov. 8, 2022) - In our Case of the Week, the Federal Circuit granted Apple’s petition for mandamus, directing the District Court for the Western District of Texas to vacate a scheduling order that would require Apple and counter-party Aire Technology Ltd. to complete fact discovery on the merits, and another six weeks of re-briefing on a motion to transfer venue filed by Apple, before the District Court would consider Apple’s transfer motion.

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How to Create, Build, and Maintain Brand Strength

Corsearch

Want to know how to boost the valuation of a business? Invest in brand strength. Put simply, brand strength (sometimes known also as brand equity) is the value that is carried by a brand. It denotes a consumer’s perception of a brand, or the value invested in it by a business over time. In this article, I examine the benefits of brand strength for businesses, look at some of the challenges that brand equity can present to brand owners and stakeholders, and give a short overview of three solution

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Compulsory Licensing vs. Exclusive Licensing

Dear Rich IP Blog

Dear Rich: I was wondering how compulsory licensing fits with exclusive licensing. In other words, if a song is exclusively licensed for a movie, for example, can someone still license it to record another version? I remember reading somewhere about some songwriters setting licensing fees so high as to exclude many. Excluding statutory fees, is there any standard for such song license fees, or is it completely “willy-nilly”?

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NFTs: Trademark Applications & Online Enforcement Insights

Corsearch

Securing IP rights As of September 2022, there have been more than 23,000 trademark filings across the globe that include NFTs or non-fungible tokens in their description. The USPTO received most of the applications covering 37% of all the requests for a trademark registration covering NFTs (Non-Fungible Tokens). KIPO and EUIPO followed the US lead, respectively with 10% and 9% of applications, respectively.