Tue.Jan 25, 2022

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The Importance of Germany’s Ad Blocking Ruling

Plagiarism Today

Last week, the Hamburg District Court issued a ruling in favor of Eyeo, the company behind prominent ad blocker Adblock Plus, in their long-running battle against German publisher Axel Springer. According to the original lawsuit, Springer claimed that Adblock Plus (along with similar extensions) modified the way that a web page is displayed. Since those pages qualify for copyright protection, the modification was essentially creating a derivative (ad-free) work and was an infringement.

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Building a Bold Brand Wheel: 8 Types of Bold Brand Names

Erik K Pelton

Erik breaks down the various categories of bold brand names and explains how they can help create a strong brand and more protected business. For more trademark tips, visit www.buildingaboldbrand.com. The post Building a Bold Brand Wheel: 8 Types of Bold Brand Names appeared first on Erik M Pelton & Associates, PLLC. Erik breaks down the various categories of bold brand names and explains how they can help create a strong brand and more protected business.

Branding 130
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3 Count: Freeing the Flag

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Movie Companies Use DMCA ‘Shortcut’ To Expose Alleged CenturyLink Pirates. First off today, Andy Maxwell at Torrerntfreak writes that a group of independent filmmakers have taken a “shortcut” in a bid to expose the names and addresses of alleged pirates of their content.

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States Should Follow New York’s Rejection of Mandatory eBook Licensing

Copyright Alliance

Around the end of December 2021, rightsholders were collectively holding their breaths over several bills which proposed to force publishers into a compulsory regime for the licensing of electronic formats […]. The post States Should Follow New York’s Rejection of Mandatory eBook Licensing appeared first on Copyright Alliance.

Licensing 141
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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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Using that classic piece of art on a book cover: Grr…

The IPKat

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. "You can't judge a book from its cover".

Art 134
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Does Prior Publication Extinguish a Trade Secret?

Patently-O

by Dennis Crouch. Masimo Corp. v. True Wearables, Inc. ( Fed. Cir. 2022 ) (nonprecedential). This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. does not necessarily compel a finding that the information cannot maintain its status as a trade secret for a party in an entirely different field.” Serious Questions : A

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Tor Project Mounts Legal Challenge to Oppose Russian Blocking

TorrentFreak

In an effort to control what its citizens can access on the internet, over the past several years Russian authorities have stepped up their blocking and censorship efforts. Some initiatives, such as the blocking of websites and URLs to reduce copyright infringement, are commonplace outside Russia but local authorities have also begun defining additional content categories, including some political dissent, as illegal.

Privacy 118
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‘People Shouldn’t Expect Intellectual Property to be Free — Without it America Would be Nothing’

IP Close Up

In the latest episode of ‘Understanding IP Maters,’ the podcast that looks at the IP stories of creators who became successful entrepreneurs, movie producer and Continue reading.

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On Day Two of PTAB Masters™ 2022, Panelists Dig into Data Showing Fintiv Denials May Be Dead for Texas Cases

IP Watchdog

The first panel of Tuesday’s PTAB Masters™ 2022, titled "Discretionary Denials: Has the WDTX Been Neutered?", presented data that reveals the U.S. Patent and Trademark Office's (USPTO's) Patent Trial and Appeal Board (PTAB) seemingly stopped citing Fintiv as a reason to discretionarily deny inter partes review (IPR) proceedings for cases with parallel litigation in the Western or Eastern Districts of Texas (WD of TX/ ED of TX) during the last four months of 2021.

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An Immersive Experience in the Quantum Computing World: My Placement with Xanadu

IPilogue

Shuang Ren is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. This fall semester, I had a ten-week internship at Xanadu Quantum Computing Inc. (“Xanadu”) as part of the Intellectual Property Law and Technology Intensive Program (“IP Intensive”).

IP 104
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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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Marcel Duchamp archives now online, free of charge

Clancco

The Philadelphia Museum of Art, the Centre Pompidou, and the Association Marcel Duchamp have digitized their vast archives of material on the Dadaist and placed it online, where it is free to all. Enjoy!

Art 102
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Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

IP Law 360

Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

Law 98
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[Complimentary Conference] Pharma & Biotech Patent Litigation - February 23rd - 24th, 9:00 am - 5:00 pm CET

JD Supra Law

15 Years of Pharma & Biotech Patent Litigation in Europe - C5’s Pharma & Biotech Patent Litigation in Europe will take place 23–24 February, 2022 in Amsterdam, the Netherlands. This is the only industry-shaping event that has consistently brought together the “Who’s Who” of the European Life Sciences Patent Bar for the past 15 years.

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What are the Codes in Form W2 Box 12?

Legal Zoom

Form W-2 can appear overwhelming-particularly Box 12 with its long list of technical codes. As an employer, it is up to you to furnish accurate information with the correct presentation. Start with an understanding of what the codes represent.

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NFTs Give Rise to Innovative New Business Models and Revenue Opportunities

JD Supra Law

Takeaways - Most existing agreements covering the exploitation of intellectual property rights did not contemplate how NFTs should be treated. Drafting and negotiating agreements involving NFTs requires an understanding of both the underlying technology and business models, and the novel legal issues they present. Parties seeking to exploit the potential of NFTs need to consider the growing popularity of decentralized autonomous organizations (DAOs).

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Participation vacancy

Likelihood of Confusion

Probably isn’t good enough pic.twitter.com/9rQwe0JVMm — Ron Coleman (@RonColeman) May 17, 2017 Originally posted 2017-05-18 06:36:08. Republished by Blog Post Promoter. The post Participation vacancy appeared first on LIKELIHOOD OF CONFUSION™.

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USPTO’s Pilot Program for Deferring Subject Matter Eligibility Response

JD Supra Law

On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program.

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Workflow of the Future: The Role of Standards

Velocity of Content

The pandemic has permanently altered how we work and collaborate, reinforcing the need for easy, online access to standards content directly in the user workflow. To manage costs and respect intellectual property, organizations are looking for innovative strategies, management systems, and processes to help them innovate and compete more effectively.

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New beginnings for a mother and son

Nelligan Law

Reading Time: < 1 minute One of Erin Lepine’s most memorable client cases involved a long-running separation. Her client was escaping an abusive relationship, and the opposing party had been convicted of criminal harassment post-separation, making her feel very unsafe. By the time she came to see Erin, she had been through a lot of lawyers at different firms, leaving her feel uncared for by previous counsel.

Law 87
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Federal Circuit Finds ‘Lifter Member’ Invokes Means-Plus-Function

IP Watchdog

On January 21, 2022, the U.S. Court of Appeals for the Federal Circuit held that the term “lifter member” invokes means plus function (MPF) claiming. The case is Kyocera Senco Indus. Tools Inc. v. ITC, Appeal Nos. 2020-1046 and 2020-2050 (Fed. Cir. 2022). The Federal Circuit panel for the case consisted of Chief Judge Moore along with Judges Dyk and Cunningham.

Patent 78
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Ex-PTAB Chief Judge, Attys Dissect Rise Of Ex Parte Reexams

IP Law 360

A former chief judge of the Patent Trial and Appeal Board said Tuesday there's been a noticeable increase in requests for ex parte reexaminations, which jumped more than 60% in fiscal year 2021 over the prior year.

Patent 75
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Edell, Shapiro and Finnan is Seeking a Patent Attorney or Agent

IP Watchdog

Edell, Shapiro & Finnan, LLC (“ESF”), an Intellectual Property Boutique, is seeking a Patent Attorney or Agent specialing in ME/EE or Life Sciences to join the patent prosecution team. This is a full-time, permanent, immediate position located in Gaithersburg, MD.

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'Key & Peele' Streaming Royalties Suit Dropped Against WGA

IP Law 360

A former "Key and Peele" showrunner withdrew his proposed class action Tuesday alleging the Writers Guild of America West and Viacom subsidiaries did not pay writers royalties for shows on streaming platforms, following a California federal judge's order denying him class certification in December.

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does disparaging a company cast its principal in a false light?

43(B)log

Chaverri v. Platinum LED Lights LLC, 2022 WL 204414, No. CV-21-01700-PHX-SPL (D. Ariz. Jan. 24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). Platinum allegedly hired the Volkin defendants to “engage in a strategic defamation campaign online designed to ruin Plaintiffs’ professional reputation and to divert Plaintiffs’ customers away from their products and to Platinum’s competitive product

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IP Group Of The Year: Latham

IP Law 360

Latham & Watkins LLP helped LG Energy Solution reach a $1.8 billion settlement in a trade secrets dispute against SK Innovation and represented indoor cycling behemoth Peloton in its ongoing fight with Mad Dogg Athletics, earning it a spot as one of Law360's 2021 Intellectual Property Groups of the Year.

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CAFC Denies Rehearing, Slightly Modifies Brooklyn Brewery Opinion; Professor McCarthy Not Impressed

The TTABlog

On January 18, 2022, the CAFC denied Appellant Brooklyn Brewery's petition for panel rehearing and rehearing en banc in the recent Brooklyn Brewery case. [CAFC opinion here ; denial of rehearing here ], in which the court held that the Brewery lacked Article III standing to challenge the Board's ruling on likelihood of confusion involving non-competing goods.

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Supervisor Relationships Are Key To Beating Atty Burnout

IP Law 360

In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

Law 75
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USPTO’s subject matter eligibility pilot may save IP owners money, but still leaves a lot to be desired

IAM Magazine

Patent applicants may save legal costs by deferring responses on eligibility rejections, write Panitch Schwarze Belisario & Nadel partners Erin Dunston and Stephen Murray, but the USPTO programme won’t realise efficiency for examiners or fix the US patent eligibility law mess.

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2nd Circ. Says Injunction Against Designer Goes Too Far

IP Law 360

The Second Circuit on Tuesday partly upheld a lower court's decision to block bridal designer Hayley Paige from competing with her former employer amid their contract fight, though it said that the court went too far when it wrested the designer's Instagram account away from her.

Designs 73
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Free Online Tools and Resources for Inventors

LexBlog IP

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. In this blog post, we will discuss several free online tools and resources that every inventor should know about.

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Texas Courts Are Losing Their Sway On Discretionary Denials

IP Law 360

In the last few months of 2021, no patent owners were able to escape Patent Trial and Appeal Board reviews because related litigation was moving quickly in the Eastern or Western District of Texas, according to data presented at an IPWatchdog conference Tuesday.

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Australian Patent Filings Up in 2021, Aided by Innovation Patent’s Demise

LexBlog IP

The number of standard patent applications filed in Australia exceeded 30,000 for the first time in 2021, increasing by nearly 3.6% over the previous year, and following on from two successive years of decline. Growth was driven primarily by direct national filings, with PCT national phase entry (NPE) filings up by less than 1% on 2020. Standard application filings by Australian residents experienced particularly strong growth, increasing by 21% over 2020 numbers, while applications by foreign r

Patent 52
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Cannabis Co. Says Ex-Franchisee Sold Rival Products

IP Law 360

Cannabis companies Your CBD Stores Franchising LLC and Sunflora Inc. have sued NaturOil Georgia LLC in Georgia federal court over claims that the former franchisee sold competing products in its retail stores and unlawfully used Sunflora's trademarks.

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SDNY: Klausner v Annies: non-functional slack-fill packaging class action dismissed

LexBlog IP

Class action targeting non-functional slack-fill, also known as empty space, in Annie’s Fruit Snacks, dismissed. There were no allegations that the packaging was deceptive with regard to the weight of the snacks – and thus the slack-fill was not materially misleading. Media coverage of original complaint in Klausner v Annies here. Background on slack-fill here.

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[Audio] Willful Patent Infringement: Understanding and Preparing for Claims

JD Supra Law

What standard do U.S. courts apply in deciding claims for willful patent infringement and enhanced damages? Learn tips on how to avoid such damages, as well as a summary of the critical SRI International v. Cisco Systems Federal Circuit case, from Procopio Silicon Valley IP attorneys Robert Sloss and Miku Mehta.