Thu.Dec 23, 2021

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Pirate Party Fills Three Ministerial Positions in New Czech Government

TorrentFreak

When the Swedish Pirate Party was founded in early 2006, the majority of the mainstream press was skeptical, with some simply laughing it away. But they were wrong to dismiss this political movement right off the bat. Following their victory at the local elections, the Swedish Pirate Party secured a seat at the European Parliament in 2009, with another one being added a year later.

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The Allure of Lawsuit Guitars

IPilogue

Photo by Thomas Kelley ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . What does it mean to be a rockstar? A metalhead? A good-for-nothing punk? A rebel without a cause? One can easily conjure up the image of a “rockstar” identity or lifestyle that appears inseparable from the genre itself. Just as communities coalesce around particular musicians, artists, or genres of music, so too do instruments, music labels, and brands.

Music 106
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Court: Ad Agency Must Pay Damages For Placing Adverts on Pirate Manga Site

TorrentFreak

Following its launch in 2016, pirate manga site Mangamura grew to become one of the most successful sites of its kind. With this growth, however, massive pressure from copyright holders and anti-piracy groups wasn’t far behind. According to Japan-based anti-piracy group CODA, over a period of just two years Mangamura caused around $2.91 billion in losses to the industry but in April 2018 the site’s progress came to a juddering halt when the platform shut itself down.

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Anchovy News, November / December 2021

JD Supra Law

This is the November/December edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: DOMAIN NAME INDUSTRY NEWS.EU domain names set to drop A brand new.DAY Is coming SWITCH introduces deferred delegation for.CH and.LI.

Editing 102
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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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The Most-Read Legal Industry Guest Articles Of 2021

IP Law 360

Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

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MarkIt to Market® - December 2021

JD Supra Law

The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in Canopy Growth's patent infringement suit against GW Pharmaceuticals; and the open gTLD Sunrise period. This year, Sterne Kessler's Trademark & Brand Protection team continued its support of Stockings from Karen, an organization that provides toiletries and gifts for teena

Marketing 102

More Trending

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New possibilities for data : European Union legal developments

JD Supra Law

The EU has moved up a gear in recent times, and it is producing new legal tools for companies to maximize the possibilities to collect and make use of data (including personal data) in the context of its European Strategy for Data. This approach is being implemented, among other aspects, by introducing IP exceptions (e.g., database rights), reinforcing the possibility to re-use the data of public administrations, and exploring the possibility for consumers to provide personal data in exchange.

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4 Intellectual Property Management Best Practices

IP.com

Intellectual property is, for many companies, an irreplaceable asset. Strategic IP management allows businesses to reap the full benefit of their investments in research and development as well as mergers. The post 4 Intellectual Property Management Best Practices appeared first on IP.com - IP Innovation and Analytics.

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USPTO Sanctions Chinese Law Firm for Fraud and Terminates More Than 15,000 US Trademark Applications

JD Supra Law

On Dec. 10, 2021, the U.S. Patent and Trademark Office (USPTO) issued a precedential Final Order for Sanctions against Chinese practitioner and law firm Yusha Zhang and Shenzhen Huanyee Intellectual Property Co., Ltd. for filing more than 15,000 applications and other submissions that were deemed fraudulent. The USPTO described the mass filings as “[a] scheme involving … egregious misconduct,” including unauthorized practice of U.S. law, providing false domicile addresses, impermissibly entering

Law 98
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Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

The IP Law Blog

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. FTX featured its Moon Man character in commercials running during MLB games. Jack in the Box is not happy. In its complaint filed in Federal court in California, Jack in the Box references various tweets regarding the FTX Moon Man – “Oh look, it’s Walmart Jack in the Box!

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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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Anatomy of pharmaceutical licensing, development and commercialization transaction in China (I)

JD Supra Law

With China's continuous investment in the pharmaceutical research and development industry and implementation of various incentive policies, various pharmaceutical transactions within PRC territory have been keeping active, among which pharmaceutical licensing transactions, especially cross-border pharmaceutical licensing transactions (License-in), have a considerable market proportion.

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Dusseldorf court delivers first FRAND defeat for an SEP joint licensing programme

IAM Magazine

Vestel prevails in cases brought by GE, Dolby, Philips and IP Bridge, members of the of an HEVC platform administered by Access Advance.

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I Shared Someone Else’s photo on Instagram. Did I Commit Copyright Infringement?

JD Supra Law

Sharing images on Instagram and other social network platforms is such a common practice that we do it without hardly even thinking about it. But we must be aware that sharing a piece of creative content (picture, text, etc.) has implications in terms of copyright laws. When we share other people’s photos, are we infringing…. By: Barnea Jaffa Lande & Co.

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Merry Christmas 2021, your Patent is Invalid

Patently-O

by Dennis Crouch. Bankers’ Serv. Corp. v. Landis Christmas Sav Club Co , 273 F. 722 (3d Cir. 1921) [ 67_F.2d_904 ]. This 1921 decision centered on Merrill B. Barkley US Pat. No. 1,202,646 , covering stationary for making “ Christmas club deposits.” The specification explains: There has developed recently in banking circles a wide demand for various kinds of special savings accounts, known generally as Christmas clubs, vacation accounts … and the like.

Patent 84
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University of South Florida Research Foundation, Inc. v. Fujifilm Medical Systems U.S.A., Inc. (Fed. Cir. 2021)

JD Supra Law

The issue of standing can be outcome-determinative: without it, no matter how worthy a party's position or arguments, a court will not consider them without standing. The vagaries of standing and its importance were illustrated this fall in the Federal Circuit's opinion in University of South Florida Research Foundation, Inc. v. Fujifilm Medical Systems U.S.A., Inc.*.

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Merry Christmas from IPWatchdog

IP Watchdog

First and foremost we want to thank everyone for spending a part of your day with us and reading IPWatchdog.com. We appreciate your reading, support, comments, e-mails, webinar participation and joining us at IPWatchdog LIVE. Thank you! Whether you celebrate the holiday or not, I encourage everyone to take a look at The Most Iconic […].

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Competitor has standing to bring false association claims for false association w/3d party

43(B)log

FireBlok IP Holdings, LLC v. Hilti, Inc., 2021 WL 6049964, No. 3:19-cv-50122 (N.D. Ill. Dec. 12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok owns a patent on a system and method for suppressing fire in electrical boxes using intumescent material.

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The US's biggest patent stories of 2021

IAM Magazine

Kathi Vidal, Ericsson, Arthrex and Judge Alan Albright were among the names that made the IP headlines over the course of the year.

IP 97
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Copyright Office Solicits Comments on Deferred Examination Option

JD Supra Law

The US Copyright Office announced a public study to evaluate the merits of providing an option to defer examination of copyright registration materials until a later request by the applicant. Deferred Registration Examination Study: Notice and Request for Public Comment, 86 Fed. Reg. 70540 (Dec. 10, 2021). To aid in the effort, the Copyright Office is soliciting public comments, which are due by January 24, 2022.

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Recent CCPA Enforcement Actions Highlight the Importance of a CCPA-Compliant Privacy Policy

LexBlog IP

This is the time of year for thought pieces reflecting on the past year or so to speculate on the hot topics for next year. I began to wonder about California Consumer Privacy Act (CCPA) enforcement actions over the past year as this was something that we speculated about not that long ago. The California Attorney General’s office has been busy and has even posted a list on its website of 27 examples of recent California Consumer Privacy Act enforcement actions.

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Franchisee 101: No Shaking Franchisor’s TRO

JD Supra Law

An Indiana federal court granted hamburger and milkshake franchisor, Steak n Shake, a temporary restraining order (“TRO”) against a franchisee to enforce post-termination obligations under franchise and area development agreements. The parties entered into an area development agreement and several franchise agreements. The franchisor terminated the agreements due to the franchisee’s breaches and sued the franchisee for trademark infringement and breach of contract.

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Recent Insulin Glargine Biosimilar Developments

LexBlog IP

On Monday the FDA approved Eli Lilly’s insulin glargine biosimilar Rezvoglar, a biosimilar to Sanofi’s Lantus. Rezvoglar is indicated to improve glycemic control in adult and pediatric patients with type 1 diabetes mellitus and in adults with type 2 diabetes mellitus. Rezvoglar is available in 3 mL prefilled pens and is administered subcutaneously once daily.

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UC Strikes Out At ITC In LED Patent Suit Against GE, Ikea

IP Law 360

A U.S. International Trade Commission judge has cleared GE, Ikea, Home Depot and others of infringing four University of California LED light bulb patents, dealing a blow to what the university has described as a "first-of-its-kind" patent enforcement campaign against an entire industry.

Patent 52
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Dreaming of Ads for Sugarplums

LexBlog IP

Leading into the long holiday weekend, we on the BakerHostetler Advertising, Marketing & Digital Media team have lots to be thankful for. Our newest partner, Daniel , has really helped remind us how much we enjoy blogging. As we are pushing off the pandemic languishing , one of our resolutions is to commit to more consistent posts in the new year.

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Optis Urges Justices To Skip Apple's Fintiv Appeal After Thryv

IP Law 360

Optis Cellular Technology LLC on Thursday told the U.S. Supreme Court to reject Apple's petition challenging Patent Trial and Appeal Board precedent allowing inter partes reviews to be denied based on the timing of related litigation, saying the high court has already given the board wide discretion to deny patent challenges.

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Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

JD Supra Law

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. FTX featured its Moon Man character in commercials running during MLB games. Jack in the Box is not happy.

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Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

LexBlog IP

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man” FTX featured its Moon Man character in commercials running during MLB games. Jack in the Box is not happy. In its complaint filed in Federal court in California, Jack in the Box references various tweets regarding the FTX Moon Man – “Oh look, it’s Walmart Jack in the Box!

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[Audio] Podcast - The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token

JD Supra Law

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings Author’s Estate and the Cryptocurrency JRR Token.

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The top five patent stories in Europe during 2021

IAM Magazine

New German legislation, a leap forward on the UPC and important SEP-related initiatives from the UK and the Commission were among the highlights of a busy year.

Patent 52
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Yo Ho Ho And a Bottle of. Oh No! Court Deep-Sixes Disney’s Motion for Summary Judgment

JD Supra Law

Appropriate for the pirate genre, citing the parties’ “dueling experts,” a District Court recently denied Disney’s motion for summary judgment in a copyright lawsuit in which the plaintiffs claimed the films in the popular “Pirates of the Caribbean” franchise infringed plaintiffs’ copyrighted screenplay. The Court ruled against the motion “because the parties’ expert opinions create a genuine issue of fact regarding whether the works are substantially similar.”.

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This week in IP: EPO rejects DABUS appeal, M&S sues Aldi again, and more

Managing IP

J&J must face whistleblower patent case; Malaysia introduces 20-year jail term for piracy; InterDigital loses injunction bid against Lenovo in UK

IP 52
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Top Section 101 Patent Eligibility Stories of 2021

JD Supra Law

It's that time of the year again. Take your rapid test, light a fire and gather with family and friends to discuss the top patent eligibility stories of 2021 (or debate "The Holiday" vs. "Love Actually"). No. 3: More of the Same - This year felt normal from a §101 perspective. The U.S. Court of Appeals for the Federal Circuit invalidated patents directed to data privacy, customer loyalty systems, credit card fraud, transmitting and storing data, and retailer finder fees.

Privacy 52
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UK review offers first test of SEP policy after Brexit

Managing IP

Implementers say the review gives them an opportunity to drive necessary change in the post-Unwired Planet patent stronghold

Patent 52
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Achieving Marketplace Advantage With Targeted Design Rights

JD Supra Law

Aesthetic appeal often drives commercial success. Faced with endless options, consumers often select products based on look and feel. High-performing, defect-free products are table stakes, and utility patents strongly protect such functions and structures. .

Designs 52
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The Most-Read IP Law360 Guest Articles Of 2021

IP Law 360

While the nascent nonfungible token marketplace's intellectual property landscape was the hottest topic this year, Law360 guest experts also dug into the U.S. Supreme Court's Arthrex decision, how the West Texas "rocket docket" affects inter partes review, and a wide variety of statistical analyses concerning patent litigation and prosecution.