The IPKat

DECEMBER 13, 2021

The AmeriKat braces for the take over of the machines.or more likely not. There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond. Kat friends Professor Kelvin FK Low ( National University of Singapore ), Professor Wai Yee Wan ( City University of Hong Kong ) and Associate Professor Ying-Chieh Wu (Seoul National University) examine the recent Australian and UK cases and critical analyzes the arguments on both sides in an attempt to answer that quest

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TorrentFreak

DECEMBER 13, 2021

Despite receving criticism from international rightsholders, Russia’s efforts to prevent pirated content being accessed locally match and at times even exceed standards applied elsewhere. The country blocks pirate sites, sometimes permanently, and has a rightsholder-driven mechanism to automatically remove links to allegedly-infringing content from search engines.

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Related Rights Copying Copyright Government 135

The IPKat

DECEMBER 13, 2021

In October 2021, the General Court (GC) issued the ruling in T-254/20 , Roshen v EUIPO, which drew the attention of this Ukrainian Kat. Louis-Michel enjoys researching Soviet brands The dispute arose when “ Krasny Oktyabr ”, a Russian confectionary company, registered an EU trade mark (EUTM) in Class 30 for a figurative sign representing a lobster. In the Soviet Union (which included Latvia, Lithuania and Estonia after 1940), “Rakovye Shejki” (“red lobsters necks”) were cheap and popular candies

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Branding Brands Branding Litigation 125

JD Supra Law

DECEMBER 13, 2021

Benjamin Franklin famously cautioned that “an ounce of prevention is worth a pound of cure.” Although Franklin was warning the people of Philadelphia that preventing a fire is better than fighting one, the same admonition holds true when seeking financing at any stage of your company’s life cycle.

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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?

Technology

TorrentFreak

DECEMBER 13, 2021

Regular readers will be familiar with the cloud storage platform Mega, but Mega.tv might not ring a bell right away. Mega.tv is a relatively small free-to-air TV station with headquarters in Miami and Puerto Rico. The company is owned by Spanish Broadcasting System (SBS) and is available in several U.S. states. Mega.tv Disappeared. Trying to find information about the TV network through Google can be confusing as Mega TV shares its name with a Greek TV network.

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IP Watchdog

DECEMBER 13, 2021

Over the past several years, Congress has raised a long overdue microscope to Big Tech and its worst practices and as a result, the relationship between Washington, DC and Silicon Valley has changed tremendously. Rather than being feted by policymakers, Big Tech is now being forced to answer tough questions. Elected officials are now more aware of Big Tech’s reach and impact on our elections, security, and data collection – and they are not liking what they see.

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Invention Business Government Technology 122

IPilogue

DECEMBER 13, 2021

Samantha Melhado is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. Beep! Beep! Beep! The sound of your alarm marks the start to your day. As you resist the urge to snooze, it is likely you are about to effortlessly unlock your phone with the help of facial recognition technology.

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Social Media Intellectual Property Copyright Designs 111

McBayer IP Blog

DECEMBER 13, 2021

Posted In contract , copyright , Intellectual Property It’s likely that you’ve heard about pop star Taylor Swift re-recording her old albums. Just a few weeks ago, she released Red (Taylor’s Version), a re-recording of her 2012 album Red. In April of this year, she released “Taylor’s Version” of her 2008 album Fearless.

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Music Copyright Law Copyright Intellectual Property 105

Likelihood of Confusion

DECEMBER 13, 2021

It’s an appeal that I lost, the one on behalf of David Birnbaum, who was ordered by a court not to use his family name, Guggenheim … Yes, it’s complicated, The post One I lost: Guggenheim Capital vs. Little Old Man appeared first on LIKELIHOOD OF CONFUSION™.

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IP 104

Michael Geist

DECEMBER 13, 2021

The right to repair, whether consumer electronics, farm machinery or even health and medical equipment, is an issue that affects everyone. Given the implications for consumer and property rights, the sustainability of the agricultural sector, and protecting the environment, ensuring a right to repair would seem like an obvious political winner. Yet the issue has lagged, not the least of which because of restrictive copyright laws that can limit the ability to repair personal property.

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Law Copyright Law Art Copyright 101

Advertiser: IPO

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.

Patent

IP Law 360

DECEMBER 13, 2021

The legal industry puts a premium on financial success. While money isn't everything, a firm's revenue provides a window into the firm's work, financial resources and business trajectory. Our inaugural list of top firms by gross revenue highlights the law firms who are breaking the bank.

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Business Law 98

Patently-O

DECEMBER 13, 2021

Over the past several years, the USPTO has been battling trademark applications that use fake specimens to establish a claim. Often these are low-quality photoshopped images, but can be more sophisticated. This week, the UPSTO announced a final order for sanctions against the China-based law firm Shenzhen Huanyee Intellectual Property Co., Ltd. and the firm’s director Ms.

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Intellectual Property Trademark Registration Law 100

The Illusion of More

DECEMBER 13, 2021

“Remarkably, the Maryland Act subjects publishers to civil and criminal liability for attempting to exercise their exclusive rights in the very manner envisioned by the federal statute.” – Complaint in AAP v. Attorney General of the State of Maryland. It is inherent to the exclusive rights of the Copyright Act that authors may decide the […]. The post AAP Sues Maryland over eBook Licensing Law appeared first on The Illusion of More.

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Licensing Law Publishing Copyright 86

The IPKat

DECEMBER 13, 2021

A new referral to the CJEU from the Finish Market Court seeks clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination products. It might be doubted whether the referral will have much meaningful impact, given the major hurdles to combination product SPC protection represented by Articles 3(a) and (d). However, recent decisions from the national courts on Articles 3(a) and (d) suggest that the interpretation of even these sub-provisions may not yet be

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IP Watchdog

DECEMBER 13, 2021

Since the Supreme Court decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021), there has been much discussion about the Court’s ruling mandating an option for users to request that the Director of the U.S. Patent and Trademark Office (USPTO) review Final Written Decisions of the Patent Trial and Appeal Board (PTAB) rendered in trials under the America Invents Act (AIA) on the validity of issued patents.

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Invention Trademark Patent Government 72

IP Law 360

DECEMBER 13, 2021

The U.S. Supreme Court preserved America Invents Act reviews by creating a new review process, and narrowed application of a rule that could allow more inventors to challenge their own patents. Here's a look back at the biggest patent cases of the year.

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Patent Inventor Invention 75

IP Watchdog

DECEMBER 13, 2021

This week in Washington IP news, both houses of Congress are slowing down prior to the Christmas holiday, but Senate committees will hold hearings on the potential adoption of stablecoins into the U.S. financial system, as well as the impact of consolidation and monopolies on American innovation. In the House, the House Select Subcommittee on the Coronavirus Crisis will debate ways to accelerate global vaccination rates.

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IP Technology Copyright Government 59

IP Law 360

DECEMBER 13, 2021

Join Law360 Pulse as we embark on our brand new project examining what makes law firms successful, turning this time to our prestige leaders — award-winning firms whose reputations precede them, thanks to their profitability, popularity among summer associates and visibility in legal news.

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JD Supra Law

DECEMBER 13, 2021

Another milestone was reached in the context of reforming the media and broadcasting industry legal framework upon publication of Law no. 2021-1382 of 25 October 2021 relating to regulation and protection of access to cultural works in the digital age, following its constitutional review by Constitutional Council. This publication walks through the three main elements upon which this Law is built: sector regulation, identifying and addressing specific infringement practices, and new obligations.

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Law 55

IP Law 360

DECEMBER 13, 2021

Samsung secured a reexamination of a wireless battery charging patent after losing an inter partes review bid, but the underlying infringement case will go to trial Jan. 3, after Eastern District of Texas Judge Rodney Gilstrap denied Samsung's motion for a stay on Friday.

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Patent 75

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Fish & Richardson obtained an initial determination at the International Trade Commission (ITC) recommending a general exclusion order for client Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products. A general exclusion order is a rarely recommended remedy at the ITC with a broad impact on the importation market.

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IP Law 360

DECEMBER 13, 2021

Actress and singer Vanessa Hudgens says SBLA Beauty has been using her name, image, likeness and persona to promote its products without her consent, claiming in a suit filed Friday that the company had blatantly violated her right of publicity.

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Branding Brands Branding 75

BYU Copyright Blog

DECEMBER 13, 2021

Earlier this year, we reported on three separate copyright cases filed by MMAS Research LLC ("MMAS") and Dr. Donald E. Morisky ("Morisky") (MMAS and Morisky jointly "Plaintiffs"). The cases alleged similar facts, essentially that an educational institution infringed on the Plaintiffs' right in a medical diagnostic tool called the Morisky Medical Adherence Scale (the "Scale").

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IP Law 360

DECEMBER 13, 2021

Check out our Law360 Pulse Prestige Leaders ranking, news analysis and interactive graphics to see how firms compare on everything from financials to reputation among the newest crop of attorneys.

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Herbert Smith Freehills

DECEMBER 13, 2021

Leading global law firm Herbert Smith Freehills has advised CICC and BofA Securities as joint sponsors of on-demand delivery service provider Hangzhou SF Intra-city Industrial Co., Ld. (09699.HK)’s mainboard listing on the Hong Kong Stock Exchange. SF Intra-city operates China's largest third-party on-demand delivery service platform, adopting a multi-scenario business model featuring full coverage of delivery scenarios for all types of products and services.

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Marketing Marketing Business Technology 52

IP Law 360

DECEMBER 13, 2021

Jonathan Mothner and Danielle Do at Synchrony Financial discuss legal departments' essential role in their firms' environmental, social and governance programs, and how legal leaders can leverage their teams and internal relationships to advance ESG efforts.

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Government 75

LexBlog IP

DECEMBER 13, 2021

We have previously reported on AbbVie’s first and second wave suits against Alvotech hf (Alvotech) in the Northern District of Illinois regarding an adalimumab biosimilar. In the first wave suit, on October 5, 2021 AbbVie moved to dismiss Alvotech’s counterclaims and affirmative defenses of inequitable conduct, unclean hands, and patent misuse.

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Litigation Reporting Patent Intellectual Property 52

IP Law 360

DECEMBER 13, 2021

The U.S. Supreme Court on Monday declined to take up an appeal over whether the French government is shielded by sovereign immunity from allegations that it illegally seized the "France.com" domain name from the former operator of the website.

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Government 75

Dear Rich IP Blog

DECEMBER 13, 2021

Dear Rich: If I have the licensing for songs to record and distribute and want to use the same recording as part of a video, do I need to pay for additional licenses? I’m afraid that YouTube will ruin my album release video project. The mechanical license you purchased for recording and distributing the songs (as MP3s or on vinyl or CDs) differs from the license needed for using your version of the song in a video (referred to as a " sync license ").

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Licensing Copyright 52

LexBlog IP

DECEMBER 13, 2021

The Daily Mail published an article that Michael Lindell , the My Pillow guy, alleging that he had had a “secret romance” with the actress Jane Krakowski, wooing her with flowers and champagne. Ms. Krakowski was allegedly impressed that Mr. Lindell had turned his life around, going from crack cocaine addict in his 20’s, to whatever he is now.

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Publishing Intellectual Property Trademark 52

JD Supra Law

DECEMBER 13, 2021

The Supreme Court decided a number of significant business cases in the 2019 and 2020 terms. To outside observers, the decisions are characterized largely by continuity and incrementalism—we did not see a swinging pendulum of opinions in these terms—though some may find some of the outcomes surprising. This term saw Justice Amy Coney Barrett join the Court, replacing the late Justice Ruth Bader Ginsburg, and it also saw continuing use of the shadow docket to shape the law.

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Business Publishing Law 52

LexBlog IP

DECEMBER 13, 2021

As we have previously posted, proper trade secret identification is often a key issue for parties bringing or defending against trade secret misappropriation claims. The precise standard of identification varies across jurisdictions and continues to evolve, but trade secret identification often functions as a gating issue early in a case. A recent decision from the Third Circuit serves as reminder that failure to properly identify purported trade secrets may not just be fatal to a party’s

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Confidentiality Litigation Marketing Marketing 52

IP Law 360

DECEMBER 13, 2021

Brian Stekloff at Wilkinson Stekloff lays out what he learned from creatively adapting to pandemic-related obstacles in the courtroom, from the absence of group voir dire in jury selection to masks obscuring a testifying witness’s nonverbal cues.

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IAM Magazine

DECEMBER 13, 2021

If the CAFC upholds a lower court’s refusal to redact licensees’ identities and information on how much they paid, it could prejudice the interests of both sides in future negotiations, dealmakers say.

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Licensing Patent Litigation 52

LexBlog IP

DECEMBER 13, 2021

Campbell’s V8 Juices Increase Risk of Heart Disease, Diabetes, False Ad Class Action Lawsuit Alleges [link]. — Truth in Advertising (@TruthinAd) December 13, 2021. This @rtushnet video is the definitive treatment of intellectual property issues in puzzles, two topics in which she is a global expert [link] 🧩©️™️ (& those earrings!).

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