Thu.Jul 22, 2021

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Second Circuit Rejects an Account Termination Lawsuit…Again (Phew!)–Domen v. Vimeo

Technology & Marketing Law Blog

Domen posted videos advocating for sexual orientation change efforts (SOCE). Vimeo terminated his account. Domen sued Vimeo for the termination, alleging that it discriminated against him. The district court dismissed Domen’s complaint. The Second Circuit affirmed , in a precedent-setting opinion relying on Section 230(c)(2)(A). Domen sought a rehearing, and Vimeo didn’t file opposition papers.

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Parody Law: Greenpeace Tackles “Australia’s Greatest Liability”

IPilogue

Photo Credits: Jack Hunter (Unsplash). Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . On June 8 th , the Federal Court of Australia ruled that AGL Energy, Australia’s largest electricity generator, failed to establish its trademark and copyright infringement claim against Greenpeace , an international environmental activist organization.

Law 106
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Don’t Film So Close To Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

The IP Law Blog

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.

Music 104
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Copyright Hygiene for Digital Content Creators

Velocity of Content

Part 2: Group Registration. In my first post , after touching on the need/wisdom of copyright registration for bloggers (and other creators whose distribution is primarily through social media sites), I went on to discuss the DMCA and how it is a useful first-line-of-defense bit of IP protection for content first appearing on such sites. In this post, I want to get back to the registration topic itself, this time in greater detail.

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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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Preparation Protocols for Bringing Employees Back to the Office

Stock Legal Blog

More and more employees are heading back to the office, which can be a source of anxiety for business owners juggling new protocols and safety measures. We’ve compiled a list of things you can consider before inviting employees back to their desks.

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The Magic of Sports Captured Through Photography

Copyright Alliance

After an unforgettable year of delays, setbacks, and emotional upheaval due to the COVID-19 pandemic, top athletes from across the globe will soon compete in what is officially known as […]. The post The Magic of Sports Captured Through Photography appeared first on Copyright Alliance.

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Rightscorp Tracks Alleged Pirates Without a Private Investigator’s License, RCN Argues

TorrentFreak

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. In the past such drastic action was rare, but with the backing of legal pressure, ISPs are increasingly being held to this standard. ISPs Sued Over Repeat Infringers. Several major music industry companies including Arista Records, Sony Music Entertainment, Universal Music, and Warner Records, have filed lawsuits against some of the largest U.S.

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Fish & Richardson Firm Members Named 2021 Up and Coming Attorneys and Unsung Legal Heroes

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson Principal Grace Kim has been named a 2021 “Up & Coming Attorney” by Minnesota Lawyer , which honors young attorneys who have distinguished themselves through professional accomplishment and community leadership. Nikki Krahler and Brandy Wolf have been named 2021 “Unsung Legal Heroes,” which recognizes the most talented and dedicated legal support professionals in Minnesota. .

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Vivien Chan & Co: 2021 publications

Managing IP

Experts from Vivien Chan & Co report on significant developments from the IP world across China and the Asia-Pacific

Reporting 119
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Strategies for in-house counsel to mitigate risk related to intellectual property

JD Supra Law

In today’s competitive innovation economy, companies across industries face a wide range of potential legal issues and risks related to intellectual property (IP). Whether it is infringement of a valuable patented technology, unlawful use of key trademarks and copyrights, or anti-counterfeiting and IP crime, when IP issues arise, in-house counsel need to be ready to face off against competitors and fiercely defend the commercial IP rights of their business.

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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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Current Roster of TTAB Judges (July 2021)

The TTABlog

Here is the current roster of Administrative Trademark Judges at the TTAB. There are 26 judges, including Chief Judge Gerard F. Rogers and Deputy Chief Judge Mark A. Thurmon. Rogers, Gerard F. (Chief Judge): Appointed to TTAB in 1999; Prior Professional Experience : Trademark Examining Attorney; Assistant to the Assistant Commissioner for Trademarks; TTAB Staff Attorney; Education : B.A., University of Massachusetts Amherst; J.D. magna cum laude , New England School of Law.

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Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben. The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable

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Patents for Humanity: The USPTO Recognizes Innovation Relating to COVID-19

IP Tech Blog

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. ET, September 30, 2021. Patents for Humanity is the United States Patent and Trademark Office’s (USPTO) awards competition recognizing innovators who use game-changing technology to meet global humanitarian challenges.

Patent 57
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TTAB Denies Motion for Relief From Default Judgment Issued in December 2018

The TTABlog

In this cancellation proceeding targeting two registrations for the mark BLEU ICE for clothing, the Board entered judgment by default on December 19, 2018, after Respondent Davoudzadeh failed to file an answer or respond to the notice of default. Two applications owned by Petitioner that had been blocked by the registrations then proceeded to registration on June 14, 2019.

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Biden’s stance on patents – what we know six months in

Managing IP

The US president’s executive order on antitrust law and support for a COVID IP waiver don’t inspire confidence, but a USPTO head nomination will reveal more

IP 59
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Doc Martens Gives the Boot to Likelihood of Confusion Expert in Trade Dress Dust-Up

JD Supra Law

We’ve discussed a number of cases lately where flimsy consumer surveys were tossed out as unreliable under Daubert. This latest installment presents a slightly different twist.

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Summary Judgment Practice Scheduled in Amgen v. Hospira Pegfilgrastim Case

LexBlog IP

As we previously reported , Judge Connolly of the District of Delaware stayed the dispute between Amgen and Hospira last month, pending a determination on whether the Court should entertain summary judgment practice on the issue of noninfringement. Last week, the parties submitted a joint letter to the Court on the issue of summary judgment practice.

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Company Names vs. Trade Names: Understanding the Legal Difference

JD Supra Law

So you did all the hard work that was necessary to get a new business off the ground. And you formed a new business entity with the Secretary of State to conduct that business, such as a corporation or limited liability company ("LLC") - In forming your company, you may have given it the same catchy name under which you plan for it to sell its goods or services to the public – i.e., its trade name. .

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Strategic Partnerships Advance Music and Gaming Synergy

LexBlog IP

A newly inked strategic partnership between Sony Music Entertainment and Roblox is another indication of a maturing relationship amongst the music, gaming, and esports industries, a synergy that has evolved for years and in particular, during the COVID-19 pandemic. The major record label and game creation platform have enjoyed the mutual success of their recent collaborations and are now gearing up to allocate more resources to developing “innovative music experiences for the Roblox commun

Music 52
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Patent Case Summaries - July 2021 #1

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 52
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College QB Files First Trademark Under New NCAA Guidelines

LexBlog IP

One of the bedrock principles of our capitalist arrangement is that people have the ability to use what ability they have to make a buck for themselves, however that may be. We can debate about how that plays out in reality across multiple levels of society, but for the purposes of this article, let’s accept that as more or less true. There’s only so long that any person or entity can live in defiance of that fundamental truth, and for years, the NCAA flew near the sun on wings of wa

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PMPRB Update: new consultation on PMPRB Guidelines, including revised international price tests

JD Supra Law

On July 15, 2021, the Patented Medicines Prices Review Board (PMPRB) announced a consultation on proposed changes to the new Guidelines (which, like the amendments to the Patented Medicines Regulations, are now slated to come into effect on January 1, 2022. - Definition of Gap medicine: The PMPRB has proposed to revise the definition of Gap medicine to align with the further delay in the coming-into-force of the amendments.

Patent 52
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Don’t Film So Close To Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

LexBlog IP

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.

Music 52
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Summary Judgment Practice Scheduled in Amgen v. Hospira Pegfilgrastim Case

JD Supra Law

As we previously reported, Judge Connolly of the District of Delaware stayed the dispute between Amgen and Hospira last month, pending a determination on whether the Court should entertain summary judgment practice on the issue of noninfringement. Last week, the parties submitted a joint letter to the Court on the issue of summary judgment practice. .

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U.S. Customs and Border Protection Failed to Adequately Secure and Protect Traveler Data

LexBlog IP

This week, the Department of Homeland Security’s inspector general said in an oversight report that U.S. Customs and Border Protection (CBP) officials have failed to use adequate cybersecurity measures and safeguards to protect travelers’ data. The report says that from July 2017 to December 2019, personal data was left vulnerable to hackers in the Mobile Passport Control (MPC) app used by over 10 million U.S. and Canadian citizens.

Privacy 52
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A Goldilocks Dilemma: What is the “Right Amount” When Pleading Patent Infringement Cases?

JD Supra Law

Addressing the issue of pleading requirements for patent infringement cases, the US Court of Appeals for the Federal Circuit clarified that patentees need not prove their case at the pleading stage on an element-by-element basis but can plead themselves out of court by presenting facts that are inconsistent with their infringement claims. Bot M8 LLC v.

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Second Security Directive Issued by TSA to Pipeline Operators

LexBlog IP

The U.S. Transportation Security Administration (TSA) issued its second Security Directive to the pipeline industry on July 20, 2021, following the Colonial Pipeline cybersecurity incident. The first Directive on May 27, 2021, required pipeline owners and operators to notify CISA of cyber incidents, designate a cyber coordinator for the company, and review their cybersecurity program.

Designs 52
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Unified at Last? Germany’s Constitutional Court Removes UPC Hurdle

JD Supra Law

On July 9, 2021, Germany’s Federal Constitutional Court rejected a pair of applications for a preliminary injunction directed against the German Approval Act on the Agreement on a Unified Patent Court (UPC) (decision of June 23, 2021, 2 BvR 2216/20). Thus, German ratification of the Agreement now only requires a presidential signature of the Approval Act and the subsequent deposition of the ratification.

Patent 52
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Patents for Humanity: The USPTO Recognizes Innovation Relating to COVID-19

LexBlog IP

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. ET, September 30, 2021. Patents for Humanity is the United States Patent and Trademark Office’s (USPTO) awards competition recognizing innovators who use game-changing technology to meet global humanitarian challenges.

Patent 52
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[Audio] Jenny Radcliffe on People Hacking

JD Supra Law

Liverpool-based Jenny Radcliffe, who leads Human Factor Security, is not your typical hacker, clad in a black hoodie and working out of basement. Rather than spending her time hunched over a keyboard, she seeks to hack people. What does that mean? As she explains in this podcast, she uses persuasion, psychology and influence methods to make her way into systems, and even into physical premises.

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Compulsory licensing: amendment approved by Italian Parliament for health emergencies

LexBlog IP

On 19 July, the Italian House of Representatives approved the amendment of the current Intellectual Property Code (“IPC”), as proposed by the conversion law of the so-called Recovery Law Decree (law decree 31 May 2021, no. 77). Upon proposal of the former Minister of Health, MP Giulia Grillo, the House of Representatives voted in favor of introducing Article 70- bis into the IPC.

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USPTO updates Arthrex Q&As

JD Supra Law

On July 20th, the PTAB provided additional clarifications regarding its views on Arthrex and how its interim procedures for requesting Director review will work for cases receiving Final Written Decisions on a going forward basis (i.e., not cases currently in the remand pool). This guidance, in Q&A form, is largely consistent….

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Broadcom is set to build its software patent holdings despite failure of SAS talks

IAM Magazine

A tie-up would have boosted the company’s portfolio in key areas, but past deals and organic growth have already created a strong foundation in the space.

Patent 52
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EU study plants division between breeders big and small

Managing IP

Sources from Bayer and small breeders disagree on whether a study on new genomic techniques could create patent barriers to plant-based innovation

Patent 52
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Australian pharma patentees must remain vigilant on third-party damages

IAM Magazine

Recent decisions have calmed concerns about a surge of lawsuits against patentees by third parties, but a significant risk remains.