Tue.May 16, 2023

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The Value of a Great Slogan

Erik K Pelton

The following is an edited transcript of my video The Value of a Great Slogan. Slogans are powerful tools that tell consumers about your brand. The best slogans are fun, memorable, catchy, and communicate something important or unique about the brand. Slogans can be registered and protected as trademarks, just like brand names and logos. Here’s a few examples of great slogans.

Branding 130
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Michel Puts Hope in ‘Imminent’ Patent Bills Following SCOTUS Eligibility Denials

IP Watchdog

On day one of IPWatchdog’s Patent Litigation Masters program yesterday, the U.S. Supreme Court denied two patent eligibility cases that the U.S. Solicitor General had recommended granting. The denials make it fairly clear that the High Court is not interested in helping to resolve the current problems with U.S. patent eligibility law, which generally have to do with a lack of clarity, arguably fostered by many of the Court’s own precedents.

Patent 134
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Court in Richard Prince Case Affirms that “Transformative” Has Boundaries

The Illusion of More

The big battle over application of the fair use defense has been focused on the highly subjective, often confusing, doctrine of “transformativeness,” which is addressed under factor one of the four-factor test. Factor one considers the purpose of the use, including whether the purpose is commercial; and over the past decade or so, several high-profile […] The post Court in Richard Prince Case Affirms that “Transformative” Has Boundaries appeared first on The Illusion of More.

Fair Use 133
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Manga Publisher Wants Cloudflare to Expose Operators of Popular ‘Piracy’ Sites

TorrentFreak

Japanese manga comics have always been popular on pirate sites but, where other categories have seen stalled growth, manga piracy boomed. This unauthorized activity has not gone unnoticed by publishers, who’ve made it clear that piracy will not be tolerated, wherever it takes place in the world. Japan’s largest publisher Shueisha finds itself at the frontline of this battle.

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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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Patent Office Implements Changes to Requirements for Admissions Criteria for Patent Bar

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) published a Federal Register Notice today implementing the suggestions it received on expanding the patent bar following its October 18, 2022, request for public input on the topic. The USPTO last year requested public comment on two FRNs that attempted to expand opportunities to practice in front of the agency.

Patent 124
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ISPs Block ‘Uptobox’ to Fight Piracy, Platform & Users Probably Prepared

TorrentFreak

Orders for ISPs to block sites on copyright infringement grounds used to be rare and controversial. Any imposition of ‘internet police’ duties angered ISPs; blocking wouldn’t end with pirate sites, some warned. Court Orders ISPs to Block Uptobox The launch of regulator ARCOM in early 2022 allowed France to block pirate sites on an industrial scale, and it wasted no time in doing so.

Reporting 120

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New Missouri NIL Law Changes Landscape, Expands College Coaches' Role in Negotiations

JD Supra Law

“This is the new arms race.” That’s how Missouri State Representative and former University of Missouri offensive lineman Kurtis Gregory described the burgeoning patchwork of state laws that govern student athletes’ ability to profit from their name, image, and likeness (NIL). Missouri has now entered the NIL arms race.

Law 98
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Publicity Rights: An analysis of Amitabh Bachchan V. Rajat Nagi & Ors.

Intepat

Introduction In the world of fame and media, it’s no secret that celebrities often find themselves in the spotlight, captured by eager photographers. However, the question of who holds the rights to these photographs and whether they can be used for commercial gain remains a complex and contentious issue. We often see that celebrity images are used in various commercial establishments to attract customers but rarely these are used with permission.

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Axinn IP Update: Supreme Court Denies Cert. in Skinny Label Case, but the Impacts from GSK v. Teva Continue

JD Supra Law

Yesterday, the Supreme Court denied certiorari in Teva Pharms. USA, Inc. v. GlaxoSmithKline, LLC, 22-37, locking in the Federal Circuit’s second panel decision (hereafter “GSK v. Teva”), which held that Teva’s attempted section viii carveout of an indication covered by a patented method of use was not “skinny” enough to avoid being liable for infringement.

IP 98
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Ed Sheeran Wins Another 'Thinking Out Loud' Copyright Suit

IP Law 360

A New York federal judge on Tuesday handed Ed Sheeran a win in another copyright suit accusing the pop star of ripping off the classic Marvin Gaye song "Let's Get It On," siding with Sheeran less than two weeks after a Manhattan federal jury cleared him in a similar suit.

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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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Blockchain Patents and Litigation — Updated May 2023

JD Supra Law

Blockchain had a challenging year but continues to grow as a technology with broad applicability. Here, we update our previous article on the state of blockchain patents and patent litigation with an overview of the landscape of patents and patent litigations in the space.

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Employment at Leading Companies is a Threat to Inventors and Innovation, Study Finds

IP Close Up

Inventors who are adept at identifying new and potentially disruptive products are increasingly sought after by leading technology players who may wish to dissuade or Continue reading

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Don’t Take the Wind Out of Your Sales

JD Supra Law

You can be denied a U.S. patent if the application you submit to the U.S. Patent and Trademark Office (USPTO) is not “new” and “non-obvious.” In determining whether something is “new” and “non-obvious,” U.S. patent examiners commonly look at boatloads of prior patents and printed publications.

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Venable Adds IP Partner To Chicago Office From Loeb & Loeb

IP Law 360

Venable LLP has expanded its intellectual property litigation and technology group with a longtime Loeb & Loeb LLP partner, the firm announced Monday.

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Genetic Patenting; The Challenges Facing Gene Patents & Concerns they Pose

IP.com

The post Genetic Patenting; The Challenges Facing Gene Patents & Concerns they Pose appeared first on IP.com - Innovation and IP Solutions.

Patent 97
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USPTO Issues Proposed Rule on Dedicated Design Patent Bar

IP Watchdog

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings. The USPTO is seeking public comments on the changes through August 14, 2023.

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KUKA FAMULUS Turns 50—The First Modern Industrial Robot

Christopher Roser

Fifty years ago, the FAMULUS industrial robot was introduced by the German machine tool maker KUKA. This articulate-arm kinematics industrial robot with six axes was the first of many modern industrial robots. This design is nowadays still the most common type of industrial robot. Pre-industrial Robots The idea of machines doing manual labor is quite.

Designs 71
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Book Review: Trade marks contrary to public order and morality + discount code

The IPKat

This Kat has the pleasure of reviewing another publication in the University of Geneva series on intellectual property law. The present monograph , written in French, is by Boris Catzeflis and is titled “Les marques contraires à l’ordre public ou aux bonnes moeurs” ["Trade marks contrary to public order and morality"] (Schulthess, 2022, pp. 594). As its title suggests, the book covers the absolute ground of refusal in trade mark law for signs that are contrary to public order or morality.

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Tech, Drug Cos. Back Ban On AI As Inventor On Patents

IP Law 360

Tech titans and major drugmakers have filed comments largely assuring the U.S. Patent and Trademark Office that it made the right call in refusing to issue patents on devices that name artificial intelligence programs as inventors.

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Can a third party rely on the 12-month grace period for prior design disclosure?

The IPKat

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). This is the case if no identical design or design with an identical overall impression has been disclosed to the public before the filing or priority date of the design applied for ( Art. 5(1)(b) CDR and Art. 6(1)(b) CDR ).

Designs 91
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Ga. Wholesalers Say $2M Tobacco TM Verdict Is Excessive

IP Law 360

Two Georgia wholesalers separately asked a Georgia federal court on Monday to amend a $2.3 million damages verdict against them in a counterfeit cigarette rolling papers case, saying it is excessive considering the jury found they did not willingly trade in knockoff papers.

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Don’t let the Sun Go Down on EU 2: Proposed further changes to UK plans for Retained EU Law post Brexit and guidance on IP provisions

IP Tech Blog

We reported last week on the UK government’s decision to reduce the scope of its proposed Retained EU Law (Revocation and Reform) Bill. As originally drafted had that bill become law then all direct EU legislation currently retained as UK law would have automatically lapsed at the end of this year unless specifically retained or amended by a minister or devolved authority before then.

IP 57
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'Anyone Asleep?' Alsup Asks Jury In Google-Sonos IP Fight

IP Law 360

Google began its defense Tuesday in a $90 million federal court showdown with Sonos over claims the tech giant poached the audio company's smart-speaker technology, a highly technical dispute that prompted U.S. District Judge William Alsup to ask jurors if "anyone [is] asleep over there?

IP 75
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Supreme Court Won’t Hear Skinny Label Case

JD Supra Law

The Supreme Court decided not to grant certiorari in Teva Pharms. USA, Inc. v. GlaxoSmithKline, LLC, which has come to be known as the “skinny label” case. That means the Federal Circuit’s August 2021 decision (which was a panel rehearing of its October 2020 decision) will stand.

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Former Apple Engineer Among 6 Charged In Export Schemes

IP Law 360

Federal agencies on Tuesday revealed details of criminal charges against six men, including a former Apple employee, crediting the new Disruptive Technology Strike Force with thwarting conspiracies to export U.S. weapons and technology to destinations including Russia and Iran.

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Here Comes The Judge… And Only The Judge: Time to Collect Royalties from Licensing

JD Supra Law

Yankees’ superstar Aaron Judge and the Major League Baseball Players Association (MLBPA) have finally emerged victorious from an intellectual property dispute, which they have been fighting since Judge’s 2017 rookie season. This victory could result in millions of dollars in licensing fees for Judge, with respect to both branding and merchandise.

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9th Circ. Vacates Block Of Cirque Du Soleil Routine In IP Row

IP Law 360

The Ninth Circuit on Tuesday vacated a Nevada federal court order temporarily blocking Cirque du Soleil from performing a hand-balancing routine copyrighted by a pair of performers who weren't hired back in the wake of the pandemic, ruling that the district court didn't adequately analyze the routine.

IP 75
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Thomas Midgley: Patented Genius or Cautionary Tale?

LexBlog IP

Some inventors are celebrated for how their creations have profoundly enhanced our lives, while others are frowned upon for leaving behind environmental catastrophes. Thomas Midgley Jr. occupies a peculiar space in the world of inventors, where his groundbreaking works are both applauded and criticized in equal measure. Whether you view him as a brilliant inventor or a misguided genius, there’s no denying that Midgley’s inventions offer a compelling case study for any intellectual pr

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Psychedelics Companies Face Quandary In Protecting IP

IP Law 360

The burgeoning psychedelics industry is racing to bring a federally-approved drug to market. But it faces a strange predicament: In a sense, the generics are already here. This is the second in a series of articles accompanying our podcast, Law360 Explores: Psychedelics.

IP 75
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Crystal S. Wildeman Selected as Southern District of Indiana United States Magistrate Judge

Indiana Intellectual Property Law

INDIANAPOLIS, Indiana – The Honorable Tanya Walton Pratt , Chief Judge of the United States District Court for the Southern District of Indiana , is pleased to announce the selection of Crystal S. Wildeman for the position of United States Magistrate Judge in the Evansville Division. Ms. Wildeman will fill the vacancy created by the recent elevation of the Honorable Matthew P.

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T.I.'s Stepdaughter Tells Jury MGA Stole Her Group's Look

IP Law 360

The stepdaughter of rapper T.I. and daughter of Tameka "Tiny" Harris told a California federal jury on Tuesday that toy company MGA Entertainment's line of O.M.G. dolls stole the signature look and likeness of her group, the OMG Girlz, which creates "great confusion" among fans.

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Jesse Coleman to Present AIPLA Webinar

LexBlog IP

Jesse Coleman, a Partner in Seyfarth’s Commercial Litigation practice group, will present at American Intellectual Property Law Association’s “Working with Experts and Recent Developments In Trade Secrets Damages” webinar on Wednesday, May 17, 2023 at 12:30 p.m. ET. Jesse will be presenting alongside other leading practitioners in the area, including Brent Bersin (FTI), Lawrence Pockers (Duane Morris) and Jennifer Kenedy (Locke Lord).

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Munck Wilson Adds IP Strength In Texas

IP Law 360

Munck Wilson Mandala LLP has strengthened its intellectual property offerings with the addition of a principal attorney in Texas.

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RAPUNZEL, RAPUNZEL – Mere Consumers Have No Standing to Oppose

LexBlog IP

An opposition that has been making its way through the Trademark Trial and Appeal Board (“TTAB”) for several years appears to have finally reached its not-so-fairytale ending. In May 2023, the TTAB overturned a 2018 TTAB ruling in the same case that allowed a consumer to oppose trademark applications based on the consumer’s interest to keep “merely descriptive or generic words in the public domain, to prevent the owner of a mark from inhibiting competition in the sale of

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ITC To Partly Review Apple Watch Patent Decision

IP Law 360

The U.S. International Trade Commission has agreed to review certain parts of an administrative law judge's findings in a case over whether the Apple Watch infringed patents on technology for measuring oxygen in the blood owned by medical technology company Masimo Corp.

Patent 52