Mon.Mar 21, 2022

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Understanding the SMART Copyright Act

Plagiarism Today

On Friday, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the “Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 , better known as the SMART Copyright Act. The act aims to reform the relationship between online service providers and content creators by promoting the use of “standard technological measures” that would, theoretically, help prevent infringing material from being reuploaded to the service after it is removed.

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How to Water Your Brand for Growth

Erik K Pelton

The following is an edited transcript of my video How to Water Your Brand for Growth. Do you have a green thumb and are good at gardening, growing vegetables, taking care of plants? I wish that I did, but I do not – I have probably killed as many plants around the house over the years as I have cared for. But I am trying to improve, and actually in the last year or so, we revived a plant at the office that came from a very special friend who had passed away, and the plant was not doing wel

Branding 147
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3 Count: Happiest Marshmello

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Senators Introduce SMART Copyright Act of 2022. First off today, Buddy Iahn at The Music Universe reports that U.S. Senators Thom Tillis and Patrick Leahy have introduced the SMART Copyright Act, a bipartisan bill that aims to reform the notice and takedown system.

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Only the trade mark proprietor has burden of proving genuine use, CJEU confirms

The IPKat

Proving genuine use of a trade mark (within the meaning of article 16 Directive TMD ) can be a challenging task. This is especially the case when a mark has been used irregularly. In those circumstances finding sufficient and suitable proof may be difficult. At the same time, proving that a mark has not been used is arguably more difficult; how do you provide evidence of something that does not exist?

Marketing 143
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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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OECD/EUIPO Report: China and Hong Kong Account for 75% of Dangerous Counterfeits

IP Watchdog

A new study on trade in counterfeit goods that pose health, safety and environmental threats has found that China and Hong Kong account for some three-quarters of exports of dangerous counterfeits. It also found that online sales represent 60% of seizures of dangerous products destined for the EU. The 90-page study was published on March 17 and jointly conducted by the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO).

Reporting 125
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Canada’s First AI-Authored Copyright Registration Paints a Picture of Uncertainty

IPilogue

Suryast painting generated by the AI tool RAGHAV. Photo by Sukanya Sarkar (ManagingIP.com). Nikita Munjal is an IP Innovation Clinic Fellow, a Student Editor with the Intellectual Property Journal, and a third-year JD/MBA Candidate at Osgoode Hall Law School. Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law.

More Trending

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The Vinyl Resurgence is Understated

The Trichordist

The Trichordist calls on the great Jack White to extend his call for majors to step up vinyl production to include opposing the freeze on mechanicals.

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What Problem Do Those eBook Bills Address Anyway?

The Illusion of More

In late December, New York Governor Kathy Hochul vetoed the state’s library ebook bill, acknowledging that the law would be preempted by the Copyright Act. In mid-February, a district court in the State of Maryland, responding to a lawsuit filed by the Association of American Publishers (AAP), ordered a preliminary injunction suspending that state’s ebook […].

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First Time Ever! China Adopts Fast-Track Examination for Trademark Applications

IP Tech Blog

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. The Measures aim at improving the trademark examination system by addressing the national interests and the needs of market players, while maintaining high-quality examination standards.

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IP5 Updates: New Initiatives and Processes

IP.com

As the economy becomes ever-more globalized, the need for a more uniform and integrated international IP system continues to grow. This is particularly true for patent law and other legalities. The post IP5 Updates: New Initiatives and Processes appeared first on IP.com - IP Innovation and Analytics.

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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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United States halts work with Russian Patent Office, while Russia lessens foreign intellectual property protections

JD Supra Law

While the humanitarian crisis has received the most attention during the emerging situation in Ukraine, numerous other facets of the world economy, international relations, and daily life have also been affected. One surprising result has been the consequences related to intellectual property (IP) rights.

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This Week in Washington IP: Securing Semiconductor Supply Chains, Promoting Investments into Climate Innovations, and Establishing the Next Generation Telecommunications Council

IP Watchdog

This week in Washington IP news, in the Senate, the Commerce Committee will hold an executive session to debate the Next Generation Telecommunications Act and a hearing focused on actions Congress can take to secure critical supply chains in semiconductors. The Senate Environment Committee will also host a hearing to explore how investments in climate innovations can help to promote American energy security.

IP 98
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Putin v. Peppa Pig: How Russia’s War in Ukraine Threatens Intellectual Property Rights

JD Supra Law

Seeking to end the human suffering caused by Russia’s invasion of Ukraine, the United States and many other nations have imposed strict economic sanctions on Russia. For the same reason, many private companies—including Apple, Coca-Cola, Goldman Sachs, Ikea, McDonald’s, Microsoft, Porsche, and Toyota—have left or sharply downsized their business operations in Russia.

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Sheppard Mullin Nabs Fees In Pasadena-Rose Bowl TM Fight

IP Law 360

Sheppard Mullin Richter & Hampton LLP landed more than $400,000 in legal fees after defending the city of Pasadena from a trademark lawsuit over the relocation of the 2021 Rose Bowl due to California's COVID-19 restrictions.

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Copyright Goes to England

BYU Copyright Blog

On March 7, 2022, MMAS Research and Dr. Donald E. Morisky (collectively "MMAS") filed a Complaint against King's College London and several individuals employed by, or associated, with King's College (jointly "King's College"), alleging that King's College made improper use of MMAS's medical diagnostic tool, the Morisky Medication Adherence Scale (the "Scale").

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Senior Party Sigma-Aldrich's Opposition to CVC's Substantive Preliminary Motion No. 3 in Interference No. 106,132

JD Supra Law

On February 18th, Senior Party Sigma-Aldrich filed its Opposition to Substantive Preliminary Motion No. 3 from the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC"), Junior Party in Interference No. 106,132, wherein the Junior Party moved to change the interference Count pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.208(a)(1).

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The Law Bytes Podcast, Episode 122: Monica Song on Banning Russia Today From the Canadian Television System

Michael Geist

The Russian invasion of Ukraine has sparked international condemnation and a race to levy sanctions and undo longstanding connections to the country. Responses have included demands that Russia Today, a television network backed by the Russian government, be removed from cable and satellite systems. Companies such as Bell, Rogers, Telus and Shaw have dropped the service, but the desire for a longer-term regulatory solution has brought the issue to the CRTC.

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It’s Not Complicated: Make Sure the Technical Expert You Retain to Testify About Infringement Has Credentials That Match the Level of Skill Required by the Court

JD Supra Law

In infringement suits, the patentee must show that each element of a patent claim is infringed either literally by an accused product or infringed under the doctrine of equivalents. Literal infringement means the accused product literally has the claimed feature. Under the doctrine of equivalents, the accused product may infringe by performing substantially the same function in substantially the same way to get substantially the same result.

Patent 94
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Web3-- a revolution in decentralization or a commercial head feint ?

The IPKat

When this Kat taught computer law in the 1990's (which primarily meant software law), the main issue was how far copyright protection would apply to cover functional features. Generally, the courts first recognized broad protection (notably, the 1986 Whelan case in the U.S.) but then cut back (the 1992 Computer Associates decision in the U.S.) The legal principles developed remain largely applicable today.

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Webinar Recap! Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally

Trading Secrets

In the second program in the 2022 Trade Secrets Webinar Series, Seyfarth partners Jesse Coleman, Dan Hart, and Caitlin Lane discussed how to identify the greatest threats to trade secrets, provided tips and best practices for protecting trade secrets abroad, and covered enforcement mechanisms and remedies internationally and in the US. As a follow up to this webinar , our team wanted to highlight: US Law provides two key statutes with civil remedies for protecting trade secrets where the misappr

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Amgen Seeks To End Neulasta IP Suit Against Pfizer, Hospira

IP Law 360

Biopharmaceutical company Amgen is looking to drop its patent infringement suit against its rivals, Pfizer and Hospira, urging a Delaware federal judge Monday to close the two-year feud over claims of their post-chemotherapy treatment being nearly identical to Amgen's Neulasta.

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Pirate IPTV Sellers Who Refused to Pay a Cash Settlement Get Sued & Lose

TorrentFreak

An interesting feature of the file-sharing and streaming landscapes of the past couple of decades is their interaction with existing copyright law. Over the years many sites, services and platforms providing or facilitating access to infringing content have taken sanctuary in perceived loopholes but most found that few – if any – exist. In Europe, Dutch anti-piracy group BREIN has been the engine behind several important cases featuring defendants who believed they had found a legal

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Cisco Asks Justices To Ax Enhanced Damages In $57M IP Row

IP Law 360

Cisco Systems Inc. wants the U.S. Supreme Court to review the enhanced damages portion of the total $57 million it was ordered to pay for infringing SRI International Inc.'s cybersecurity patents, saying the Federal Circuit's ruling conflicts with high court precedent.

IP 75
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TTAB Affirms Refusal of "WEGE": Specimens Fail to Show Use of Mark for Beer

The TTABlog

The Board affirmed a refusal to register the proposed mark WEGE for beer on the ground that "none of the specimens show use of the mark. to indicate the source of beer." Applicant's specimens displayed WEGE only in the phrase "BREWED WITH WEGE OF HANOVER PRETZELS," which use did not show an association of the mark with beer, but rather with the pretzels with which the beer is brewed.

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'Fearless Girl' Artist Can't Take New Depositions In TM Suit

IP Law 360

The creator of the "Fearless Girl" statue can't conduct new depositions three years into trademark litigation with State Street Global Advisors, a Manhattan federal judge said in a Monday hearing on the artist's pro se claim that her former lawyers botched discovery.

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Report indicates distribution of counterfeit and pirated goods on the rise in the EU

Kluwer Copyright Blog

Photo by Volodymyr Hryshchenko on Unsplash. Europol and the European Union Intellectual Property Office (EUIPO) have recently jointly published an Intellectual Property Crime Threat Assessment. This report explores piracy and counterfeiting and is based on data from across the EU as well as Europol’s operational information. The report concludes that piracy and counterfeiting continue to pose a serious threat to the health and wellbeing of consumers and to the European economy.

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PTAB Rejects Google's Bid To Review Thermostat Patent

IP Law 360

The Patent Trial and Appeal Board has shot down Google's bid for review of an EcoFactor thermostat patent, citing a parallel fight at the U.S. International Trade Commission involving the same patent.

Patent 75
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LIVE! FROM A COURTHOUSE NEAR YOU: HOW SHOULD WE ADDRESS PRIVACY CONCERNS FROM LIVESTREAMING COURT?  

JIPL Online

By: Gabrielle Gravel On the heels of a global shutdown in the wake of COVID-19, courthouses all over the country turned to technology to keep their very full calendars in motion. The solution was to move the myriad of required hearings and in some cases, even jury trials, to the now commonplace Zoom platform. By moving court to Zoom, the judicial branch has been able to reduce foot traffic in normally packed courthouses and still meet the requirements of due process and equity.

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TikTok Faces Copyright Suit Over Sand Painting Filter

IP Law 360

TikTok has been slammed with a copyright infringement suit in California federal court by a video template maker who says it stole a digital filter that makes a photo look as if it were drawn in sand.

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Fish Tops List of Most Active Firms for Patent Defense and PTAB Petitioner Work in 2021

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson defended more patent suits in 2021 than any other firm, according to the “ 2021 Patent Litigation Year in Review ” report published by Docket Navigator. Fish handled a total of 218 patent defense matters in district court in calendar year 2021 – almost twice as many as the next closest firm. Seven Fish attorneys were listed among the top 10 most active attorneys representing defendants in patent cases, including #1-ranked Neil McNabnay (148 cases), Ricardo Bonilla (106), Je

Patent 52
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Dorsey & Whitney Takes TM Partner From Stoel Rives

IP Law 360

Dorsey & Whitney's Salt Lake City office has hired the former chair of the Utah bar's intellectual property section, taking her away from Stoel Rives LLP, where she spent over a decade handling trademark and copyright work.

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Australian pharma patentees now face an uphill battle to obtain interlocutory injunctions

IAM Magazine

The tide has turned against rights holders in recent years, write Gavin Adkins and Jacqueline Simpkin of Griffith Hack – though an accompanying trend of expedited trials offers some consolation.

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Justices Skip $420M Secrets Suit, 'Candy Colors' Fight & More

IP Law 360

The U.S. Supreme Court on Monday turned down appeals covering a broad range of intellectual property disputes, including Epic Systems Corp.'s appeal of the Seventh Circuit's punitive damages cap in a $420 million trade secrets case, and one involving the limits of trademark functionality in a clash over candy-colored dental products.

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Apple, Ericsson agree on former Eastern Texas federal judge to mediate their DJ actions

IAM Magazine

Docket Navigator data shows that David Folsom handled 431 patent cases in his last five years as a US District Judge, and now the Jackson Walker partner mostly represents defendants.

Patent 52
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FDA to Hold Final Assessment of the Program for Enhanced Review Transparency and Communication in the Biosimilar User Fee Act

LexBlog IP

Tomorrow, March, 22, 2022, the FDA will host a public meeting entitled “Final Assessment of the Program for Enhanced Review Transparency and Communication in in the Biosimilar User Fee Act.” As part of the Biosimilar User Fee Act (BsUFA), the FDA contracted with independent third parties to assess the extent to which the Program for Enhanced Review and Transparency and Communication (“the Program”) improves the efficiency and effectiveness of 351(k) BLA reviews.