Thu.Dec 29, 2022

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Can someone’s face be a trade mark?

The IPKat

The trade mark that Maartje Verhoef sought to register In a world in which the legal tools available to protect one’s own likeness and persona vary significantly – with some countries, e.g., providing for strong image rights protection [see the case of Italy here , here and here ] and others not even acknowledging the very existence of self-standing image rights [that is the case of the UK: here ] – the question posed in the title of this post is an intriguing one.

Copyright 145
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Where Are the Pirated Movie Screeners This Year?

TorrentFreak

Screeners are advance copies of recent movies that are generally sent out to critics and awards voters for review. These copies have regularly ended up in the hands of pirates after which they’re widely circulated online. That includes screeners of potential Academy Award nominees, which usually appear around December. In recent history, hundreds of these screeners have leaked early.

Copying 130
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Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithm

JD Supra Law

Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, decided on December 6, 2022, by the Ninth Circuit Court of Appeals.

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Pirate Movie Cammers Plagued UK Cinemas After COVID Shut Them Down

TorrentFreak

When movies are recorded directly from cinema screens, the resulting pirate copy is known as a ‘cam’, regardless of the device used – camcorder or otherwise. The terms camming, camcording, cammer, and other variations are not exclusive to movie piracy circles though; those paid to monitor and crack down on pirates use them a lot too.

Cinema 124
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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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New PMPRB Guidelines will not be implemented January 1, 2023

JD Supra Law

The Patented Medicine Prices Review Board (PMPRB) has advised that the new Guidelines will not be implemented on January 1, 2023, and that the Interim Guidance issued by the Board on August 18, 2022 will remain in place until further notice. The comment period on the proposed Guidelines closed on December 5, 2022 (see our article on the draft Guidelines). 88 submissions were provided (see “Submissions” tab), including from Health Canada.

Patent 98
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In 2022 the IP CloseUp Blog Surpassed 250,000 Visits; 360,000 Page Views

IP Close Up

2022 was a breakthrough year for IP CloseUp, a leading independent blog that follows intellectual property developments, trends and people. The no-fee publication has generated Continue reading.

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High School Students Can Be Disciplined for Racist Private Instagram Account–Chen v. Albany School District

Technology & Marketing Law Blog

The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. This opinion from the Ninth Circuit starts to fill in some of the gaps. The case involves several Albany High students, including Epple and Chen. In 2016, Epple created a private Instagram account named “yungcavage” as “a private forum where [he] could share funny memes, images, and comments with [his] close friends that [they]

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Thursday Thingies

The IPKat

We have reached the end of this long year and will now hopefully take a well-deserved break. We wish all our IPKat readers the best for the coming year! The last miscellany post of 2022 contains some announcements for the blog's contributors as well as some IP news and four professional opportunities - which you should definitely look out for in January!

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2022 Trade Secrets Webinar Series: Takeaways & Recordings

JD Supra Law

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. This year’s series included.

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50 Cents of Endorsement: gossip blog plausibly D's agent for purposes of false endorsement, right of publicity

43(B)log

Jackson v. Kogan, 2022 WL 17582560, No. 22-22972-Civ-Scola (S.D. Fla. Dec. 12, 2022) Jackson, aka 50 Cent, is a famous artist. Defendant MedSpa is run by defendant Kogan; it offers plastic surgery and minimally invasive procedures such as Botox treatments. In 2020, Jackson “happened to be in the proximity” of MedSpa’s location. “At Kogan’s request, Jackson posed for, and took, a picture with Kogan in front of a backdrop stamped with the words ‘PERFECTION MED SPA’ throughout.

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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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Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark

JD Supra Law

In MGFB Properties, Inc. v. Viacom Inc., the U.S. Court of Appeals for the Eleventh Circuit recently sided with Viacom and its subsidiary MTV in a trademark action brought by the owners of the Flora-Bama Lounge, who alleged infringement by the television series MTV Floribama Shore. The court held that the title of MTV’s show was protected by the First Amendment, applying the familiar Rogers v.

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possibly misleading things are afoot at the Circle K: discount class certified

43(B)log

Petterson v. Circle K Stores, Inc., 2022 WL 17974463, No. 3:21-cv-00237-RBM-BGS (S.D. Cal. Nov. 23, 2022) The court certifies a consumer class action for monetary relief with some observations about the kind of evidence required for certification. Petterson bought a lot of cigarettes at Circle K, expecting discounts from their discount program, but they didn’t give him a discount on cartons when he expected a discount based on buying multiple packs at once (their position was apparently that the

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Strike 3 Holdings Copyright Infringement Defense Tips

JD Supra Law

Strike 3 Holdings (S3”) has filed THOUSANDS of copyright infringement lawsuits, and usually manages to settle quite a few of them. However, they do not always prevail in their bringing of these actions (usually in a federal court lawsuit). There are times they have had to dismiss cases.

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New Deadline for Trademark Office Actions

LexBlog IP

Starting on December 3, 2022, the new deadline for trademark Office Actions is three months. Recently, the United States Patent and Trademark Office (“USPTO”) amended its Rules of Practice under the Trademark Modernization Act (“TMA”) of 2020. The new rules shorten the old, six-month deadline to three months. Table of Contents.

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A (Potential) Hog Wild Trademark Dispute

JD Supra Law

The phrase “waiting all day for Sunday night” is usually associated with football. But this Sunday, it may be associated with something entirely different — a potential trademark dispute. After years of fighting over its previous name, the Washington Commanders are no strangers to trademark disputes. But this potential dispute is a little different.

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A Black Santa Claus Trademark Battle Is Currently Brewing

LexBlog IP

IPNews® – Just before Christmas a trademark opposition was filed against a trademark application for My Santa Is Black. The Opposition was filed by The Black Santa Company which owns several trademarks for “Black Santa” The Grinch will surely be watching this one. To continue reading, click: A Black Santa Claus Trademark Battle Is Currently Brewing.

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MarkIt to Market® - December 2022

JD Supra Law

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's potential liability for advertisements for counterfeit goods offered on its platform. We also share how our Trademark & Brand Protection team gave back this holiday season.

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An update to Small Business is Literally in our DNA

Stock Legal Blog

Last November, I shared a piece that developed from an “aha!” moment I had while sitting around the table enjoying the firm’s Thanksgiving lunch, where I realized that we all had a personal connection to business owners. Stock Legal attorneys dedicate much of our time to working with owners of small to medium-size businesses - in Saint Louis, on both coasts, and everywhere in between – and perhaps some readers thought to themselves, “Corporate attorneys who admire small business owners?

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MarkIt to Market® - December 2022: Red-dy for 2023? Viva Magenta Named Pantone’s Color of the Year

JD Supra Law

Earlier this month, the Pantone Color Institute announced its Color of the Year for 2023, Pantone No. 18-1750 "Viva Magenta" (think a brighter, more berry version of red velvet cake). In selecting the color representing the spirit of the moment, Pantone says that Viva Magenta "vibrates with vim and vigor." A shade having its roots in nature (specifically, an insect from which the natural reddish dye carmine is derived), Viva Magenta is "expressive of a new signal of strength. a pulsating.

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TTAB Affirms Trifusal of POSITIVE ONLINE PRESENCE for Marketing Consulting Services

The TTABlog

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." Affirming the first two refusals,genericness and failure-to-function, was a snap, because the applicant presented no argument regarding them on appeal. As to the third ground, the Board agreed with Examining Attorney Darryl M.

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Panel Denies Joinder Based On Intervening Institution

JD Supra Law

The PTAB denied a request for institution and joinder because the petitioner was the petitioner in one other instituted IPR directed to the same patent, and the petitioner did not explain adequately to the PTAB why another proceeding was necessary. Here, Code200, (“Code200”) filed a Petition for inter partes review (“-01110 IPR”) for U.S. Patent No. 10,484,510 (the “’510 patent”), seeking to join IPR2022-00138.

Patent 52
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Sustainable Plastics: Eco-Friendly Options on the Rise

IP.com

The post Sustainable Plastics: Eco-Friendly Options on the Rise appeared first on IP.com - IP Innovation and Analytics.

IP 52
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[Audio] Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)

JD Supra Law

Episode 19 of Fairly Competing is out — just in time for New Year’s Eve listening! In this episode, Russell Beck, Ben Fink, and John Marsh take a look back on some of the more significant developments in trade secret and restrictive covenant law from the past year and what to be expecting in the coming year. They discuss recent criminal prosecutions for use of no-poach agreements, legislative changes to state noncompete and nonsolicitation laws, federal regulatory and legislative efforts to.

Law 52
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Federal Circuit Affirms Motion to Strike and Motion for Summary Judgment After Expert Applies “Materially Different” Claim Construction

LexBlog IP

In Treehouse Avatar LLC v. Valve Corporation , No. 2022-1171 (Fed. Cir. Nov. 30, 2022), the Court of Appeals for the Federal Circuit (“the Federal Circuit”) affirmed the decision from the District Court for the Western District of Washington, striking expert testimony it found inconsistent with the parties’ agreed-upon claim construction and granting a motion for summary judgment of noninfringement in favor of Valve.

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Brazilian patent term decision quashed and other 2022 Latin America developments

IAM Magazine

IAM looks back at some key stories from Brazil and Colombia over the last 12 months

Patent 52
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Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithm

The IP Law Blog

Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LL C, decided on December 6, 2022, by the Ninth Circuit Court of Appeals. The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim.

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Brazilian patent term decision quashed and other 2022 Latin America developments

IAM Magazine

IAM looks back at some key stories from Brazil and Colombia over the last 12 months

Patent 52
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NIST: Reflecting Back on 2022

U.S. Department of Commerce

NIST: Reflecting Back on 2022. December 29, 2022. KCPullen@doc.gov. Thu, 12/29/2022 - 14:10. ICT Supply Chain. Infrastructure. As another productive year comes to a close, it’s always nice to take a moment to look back on everything our hard-working staff members have accomplished and celebrate the wins. From semiconductors to quantum computing (and post-quantum encryption) to artificial intelligence, this year has seen NIST accomplish some major milestones.

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Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithm

LexBlog IP

Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LL C, decided on December 6, 2022, by the Ninth Circuit Court of Appeals. The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim.

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2022 Trade Secrets Webinar Series: Takeaways & Recordings

Trading Secrets

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally.

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2022 Trade Secrets Webinar Series: Takeaways & Recordings

LexBlog IP

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally.