Erik K Pelton
NOVEMBER 18, 2022
The following is an edited transcript of my video The Golden Ratio of Trademark Protection. We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. We’ve been using the phrase, Making Trademarks Bloom since 1999® and using sunflowers for at least 10 years in our marketing, and I recently learned about the golden ratio and sunflowers.
TorrentFreak
NOVEMBER 18, 2022
When the file-sharing revolution hit the mainstream well over a decade ago, many site operators and users positioned ‘sharing’ as an ideology. This altruistic belief has started to fade in recent years. For most pirate sites and services, money is the main driver, with piracy as the means to that end. There are some notable exceptions of course, especially in the publishing industry where free access to knowledge is advocated by Sci-Hub, LibGen, and others.
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IPilogue
NOVEMBER 18, 2022
Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.
TorrentFreak
NOVEMBER 18, 2022
Setting aside two hours to watch a movie can be a luxury these days, especially when the busiest among us claim they can guzzle 200 TikTok videos in much less than that. So-called ‘Fast Movie’ channels appear to offer some middle ground. Popular mainstream movies lasting a couple of hours are edited down to around 10 minutes and then uploaded to YouTube.
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?
McKinsey Operations
NOVEMBER 18, 2022
Demand has boomed for heads of diversity in the United States—but so has turnover. Here’s how companies can reshape a role vital to navigating today’s turbulent social and economic climate.
JD Supra Law
NOVEMBER 18, 2022
Since the National Collegiate Athletic Association (NCAA) suspended its Name, Image, and Likeness (NIL) rules in June 2021, college athletes across the country have had the opportunity to profit by striking NIL deals to endorse everything from car dealerships to cereal. And NIL deals aren’t just for the Bryce Youngs and Suni Lees of the world; you don’t have to be internationally recognizable to profit from your athletic abilities.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
NOVEMBER 18, 2022
Last week, the Supreme Court granted Amgen’s petition for certiorari to reconsider the enablement requirement for genus claims. The Supreme Court will review whether the Federal Circuit panel in Amgen v. Sanofi improperly created a new and heightened test for enablement of genus claims with functional limitations. The Supreme Court declined to review Amgen’s first question in the petition regarding whether enablement is a question of fact to be determined by the jury or a question of law.
The IP Law Blog
NOVEMBER 18, 2022
Cardi B was cleared of liability in an action alleging that she misappropriated a man’s likeness by using his unique back tattoo on the cover of her 2016 mixtape. Scott Hervey and Josh Escovedo discuss this in this installment of The Briefing by the IP Law Blog. Listen to this podcast episode here.
JD Supra Law
NOVEMBER 18, 2022
The Administrative Council of the new European Unified Patent Court stated that the target date for the EU Unitary Patent and Unified Patent Court to come into effect will be on April 1, 2023. However, there is still a possibility that this may be delayed if there are problems with the IT systems used by the Court. At the same time, the Council has issued a list of eminent judges from participating EU countries who will staff the new court.
McKinsey Operations
NOVEMBER 18, 2022
Studies show that time spent in nature has a positive effect on attention span and well-being. Companies that harness its power can create a resilient and productive workforce for the long term.
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.
The IPKat
NOVEMBER 18, 2022
The EPO has released the results of the most recent user survey on ViCo oral proceedings. Both supporters and critics of ViCo oral proceedings will find support for their view in the report. The EPO itself concludes that ViCo has been a huge success and is welcomed and supported by users. Opponents of ViCo will point to the significant minority of users who still find ViCo proceedings "poor" or "very poor".
McKinsey Operations
NOVEMBER 18, 2022
Up to 14 percent of rain-fed cropland has suffered from moderate to extreme levels of drought in 2022. Here’s what organizations can do to build resilience.
Art Law Journal
NOVEMBER 18, 2022
Discover how to create a time management matrix for prioritizing gigs, balancing work and rest, and other obligations.
McKinsey Operations
NOVEMBER 18, 2022
In the coming years, winning companies will prioritize digital to build business resilience through customer-centric innovation, talent acquisition and retention, and operational excellence.
IP Law 360
NOVEMBER 18, 2022
A Florida federal jury has determined that U.S. audio equipment maker inMusic Brands Inc. infringed four patents on electric drumming technology held by Japanese rival Roland Corp.
The TTABlog
NOVEMBER 18, 2022
So far this year, the Board has affirmed 158 of the 170 Section 2(d) refusals on appeal (just about 93%). Here are three decisions that came down recently. How do you think they came out? [Results in first comment]. In re Robert Green Hospitality, LLC , Serial No. 90065535 (November 10, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington) [Section 2(d) refusal of the mark LYDIA for "Hotel services, namely, high end boutique resort hotel services" in view of the registered mark LIDIA’
IP Law 360
NOVEMBER 18, 2022
A China-based retailer has urged the U.S. Supreme Court to review a Seventh Circuit decision affirming NBA Properties' win in trademark infringement litigation over counterfeit products related to the National Basketball Association, arguing the lower court's ruling allows jurisdiction to be manipulated.
JD Supra Law
NOVEMBER 18, 2022
In INVT SPE LLC v. ITC, the Federal Circuit affirmed an International Trade Commission (ITC) decision that held INVT’s patent claims were not essential to the LTE cellular communications standard. According to the court, INVT failed to show that an LTE-compliant device was “capable” of meeting the claimed functional language when the device was put into operation, and thus INVT could not prove infringement by showing the accused product’s use of the LTE standard.
IP Law 360
NOVEMBER 18, 2022
The past week in London has seen scuppered insurer Gable sue its former CEO in a breach of fiduciary duty claim, the producers behind sci-fi film "Arrival" hit with a copyright infringement claim, and Mastercard and Visa sued again in fresh legal action over swipe fees. Here, Law360 looks at these and other new claims in the U.K.
LexBlog IP
NOVEMBER 18, 2022
Cardi B was cleared of liability in an action alleging that she misappropriated a man’s likeness by using his unique back tattoo on the cover of her 2016 mixtape. Scott Hervey and Josh Escovedo discuss this in this installment of The Briefing by the IP Law Blog. Listen to this podcast episode here.
JD Supra Law
NOVEMBER 18, 2022
In February 2022, the Supreme Court of the United States held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., that lack of either factual or legal knowledge on the part of a copyright holder can excuse an inaccuracy in the holder’s registration under the Copyright Act’s safe-harbor provision, 17 U.S.C. §411(b)(1), which governs the effect of inaccurate information in a copyright application.
LexBlog IP
NOVEMBER 18, 2022
USPTO Extends Combined Search Pilot Program with Japanese Patent Office. @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63784a8aec0d03460{display: block!important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-63784a8aec0d03460{display: block!important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63784a8aec0d03460{position: relative !
JD Supra Law
NOVEMBER 18, 2022
Cardi B was cleared of liability in an action alleging that she misappropriated a man’s likeness by using his unique back tattoo on the cover of her 2016 mixtape. Scott Hervey and Josh Escovedo discuss this in this installment of The Briefing by the IP Law Blog.
Olartemoure Blog
NOVEMBER 18, 2022
The new Colombian government published the basis of the National Development Plan (PND), which defines the essential elements of the government’s plan for the years 2022 to 2026, to be submitted to Congress on February 7. The main axes of the document are: 1) territorial planning; 2) human security and social justice; 3) food sovereignty; 4) energy transformation; and 5) regional convergence.
JD Supra Law
NOVEMBER 18, 2022
The US Court of Appeals for the Federal Circuit upheld a “narrow” preliminary injunction in a trade dress case, finding that the opponent of a registered configuration mark failed to prove its lack of secondary meaning and functionality defenses. SoClean, Inc. v. Sunset Healthcare Solutions, Inc., Case No. 21-2311 (Fed. Cir. Nov. 9, 2022) (Newman, Lourie, Prost, JJ.).
Olartemoure Blog
NOVEMBER 18, 2022
The Financial Superintendence of Colombia (SFC in spanish), along with the Interamerican Development Bank (IDB) and the iNNpulsa agency, launched the 2022 edition of the Sandbox Challenge. In this opportunity, national and international fintechs that are in an advanced stage of development but cannot yet operate outside the controlled testing space, can participate.
JD Supra Law
NOVEMBER 18, 2022
On October 18, 2022, the United States Patent and Trademark Office (USPTO) posted two notices on Regulations.gov seeking public input on the requirements to practice before the USPTO and Patent Trial and Appeal Board (PTAB). The goal is to expand admission criteria so “more Americans, including those from traditionally under-represented and under-resourced communities, can participate in Office practice.”.
LexBlog IP
NOVEMBER 18, 2022
So today’s Federal Trade Commission (FTC or Commission) meeting was a bit of a narrowly focused affair – all about the Business Opportunity Rule (Rule), which is a long-standing FTC rule that generally requires “business opportunities” to provide buyers with a one-page Disclosure Document as well as an Earnings Claims Statement if the opportunity makes earnings claims.
JD Supra Law
NOVEMBER 18, 2022
On November 4, the United States Supreme Court granted a petition for writ of certiorari to review the Federal Circuit’s decision in Amgen Inc., v. Sanofi. Certiorari was limited to the question of whether the enablement requirement of 35 U.S.C. § 112 requires patent specifications to enable the “full scope” of the claims, or rather whether it is sufficient that the specification teach those skilled in the art to “make and use” the claimed invention.
BYU Copyright Blog
NOVEMBER 18, 2022
Over the last few years, we have posted about a number of cases that have reached quiet settlements or otherwise come to an end without us acknowledging them here. Here, we round up final updates on a few more of these cases:Yesh Music, LLC v. William Penn UniversityWe previously reported on this case in January of 2021. The case involved a Complaint by Yesh Music against William Penn University, alleging that the university had violated Yesh's copyright in a musical piece titled "Anything You S
JD Supra Law
NOVEMBER 18, 2022
On November 4, the U.S. Supreme Court (SCOTUS) granted certiorari in Hetronic Int’l, Inc. v. Hetronic Germany GmbH, 10 F.4th 1016 (10th Cir. 2021), cert. granted sub nom. Abitron Austria GmbH v. Hetronic Int’l, Inc., No. 21-1043, 2022 WL 16703748 (U.S. Nov. 4, 2022). The issue under consideration is the extent of the Lanham Act’s extraterritorial reach, particularly as it relates to foreign defendants operating almost exclusively outside of the U.S.
LexBlog IP
NOVEMBER 18, 2022
Seyfarth is sponsoring the American Intellectual Property Law Association (AIPLA) 2022 Trade Secret Summit, which is taking place December 8-9 in Miami, Florida. The AIPLA Trade Secret Summit is one of the preeminent trade secret conferences, with speakers including private practitioners, in-house counsel, government, and academia. Seyfarth partner Marcus Mintz is presenting the “Damages in Trade Secret Cases” panel.
Herbert Smith Freehills
NOVEMBER 18, 2022
Leading international law firm Herbert Smith Freehills and its associate firm Hiswara Bunjamin & Tandjung have advised China's Silk Road Fund on a strategic partnership with PT Kimia Farma Tbk, jointly with Indonesia Investment Authority (INA). Indonesia's vice minister of state-owned enterprises Pahala Mansury attended the signing ceremony on the stage of the B20 Indonesia in Bali on 13 November 2022.
Selvam & Selvam Blog
NOVEMBER 18, 2022
In an interesting turn of events, the Delhi High Court in Sujatha Chaudhri Vs Swarupa Ghosh ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh from using a deceptively similar logo. By merely taking a short glance at the marks in contention, one can clearly deduce that the defendant’s mark bears a close resemblance to the plaintiff’s mark.
Managing IP
NOVEMBER 18, 2022
Sources say the changes should drive marketplaces to strengthen anti-counterfeiting measures, but that much will depend on their willingness to do the right thing.
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