Fri.Mar 25, 2022

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What is the risk of not properly searching before filing a trademark application?

Erik K Pelton

The risks can be very significant. Searching provides the applicant with knowledge, data, and therefore impacts strategies and decisions. The failure to search for potential conflicts can be fatal to an application. More about searching trademarks: The post What is the risk of not properly searching before filing a trademark application? appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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Court: Null-Routing is Not a Practical Anti-Piracy Measure

TorrentFreak

A group of independent film companies has taken the issue of piracy liability to a new level over the past year. After pursuing lawsuits against file-sharers, pirate site operators, and app developers, they started going after VPN providers and their hosting companies. This strategy has resulted in a few settlement agreements already. VPN providers Torguard , VPN Unlimited , and VPN.ht all agreed to block torrent traffic on U.S. servers.

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5 Tips for Brands Launching NFT Projects

Traverse Legal Blog

In this video, Blockchain attorney Enrico Schaefer identifies key legal issues every brand, marketing agency, or project point person needs to be thinking about before launching an NFT project for a company. Are major brands are dropping NFTs? The answer might surprise you. Most of the major brands in the world have either dropped an NFT, are experimenting with NFTs or have an NFT project on the project list in the marketing department.

Branding 126
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Pirate IPTV Services Disrupted By Dozens of Rightsholders On Multiple Fronts

TorrentFreak

Pirates and rightsholders alike understand that eliminating all piracy is an impossible task but if the last 20+ years of mainstream piracy have shown anything, it’s that those with content to protect will never give up trying. That can mean aggressive shutdowns through to policy and legislative changes but the overall goal in the face of an impossible task is disruption.

Cinema 136
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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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Washington Football Team Chooses New Name and Avoids a Trademark Battle

IPilogue

Photo by Chris K ( Pexels ). Andrew Masson is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School. . After a year and a half, the Washington Football Team has recently released their new team name : the Washington Commanders. The Washington Commanders stopped using their team name of 87 years at the end of the 2019-2020 season as it was considered an offensive Indigenous slur.

Trademark 122
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ED of Texas Adopts Magistrate’s Claim Construction in Finding No Infringement of Debit Card Patents

IP Watchdog

On March 16, the United States District Court for the Eastern District of Texas Marshall Division adopted the Report and Recommendation (R&R) of a magistrate judge and granted two motions of non-infringement for Simon Property Group L.P. (Simon) and Blackhawk Network, Inc. (Blackhawk). AlexSam, Inc. filed suit for patent infringement against Simon and Blackhawk, alleging infringement of U.S.

Patent 119

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The Rise of Design Patents in the Last Decade

JD Supra Law

Design patents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual property protection strategy.

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Protecting Trademarks in the Metaverse

LexBlog IP

The Metaverse is coming into your life, and brand owners are getting ready to jump at the opportunity to participate and cash on the virtual world, protecting their trademarks. For the most part, we are talking about the big firms. Think about Facebook, which changed its corporate name to Meta. Disney, Hyundai, and Nike, to name a few, are also staking a claim in the Metaverse.

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IP Associations "Concerned" by Reports of TRIPS Waiver Compromise

JD Supra Law

Earlier today, the American Intellectual Property Law Association (AIPLA), Intellectual Property Owners Association (IPO), Licensing Executives Society (LES) International, LES USA & Canada, and New York Intellectual Property Association (NYIPLA) issued a joint statement expressing their concern regarding reports that the European Union, India, South Africa, and United States had reached a tentative compromise on a proposed TRIPS waiver of intellectual property rights.

Reporting 102
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IP.com To Exhibit At ROC on Tech 2022

IP.com

Technology Meets Opportunity IP.com, a global software development provider that delivers solutions to drive innovation forward, faster is proud to announce that they will be exhibiting at ROC on Tech. The post IP.com To Exhibit At ROC on Tech 2022 appeared first on IP.com - IP Innovation and Analytics.

IP 98
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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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Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights

JD Supra Law

Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights: International Investment Arbitration - Foreign investors in Russia may have remedies pursuant to international investment treaties for harm suffered as a result of recent steps taken by Russia that interfere with an investor’s intellectual property rights: pressing a claim in arbitration directly against the Russian state.

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'Wonder Woman' versus 'Wonder Mum' - DC Comics’ appeal against UKIPO decision is dismissed in England and Wales High Court

The IPKat

Back in June 2021, an unexpected outcome arose in the UKIPO when a Hearing Officer determined that all of the grounds of opposition submitted by DC Comics (‘DC’), the owner of the ‘WONDER WOMAN’ EU trade mark, should fail in relation to an application for registration of a UK trade mark for ‘WONDER MUM”, as submitted by Unilever Global IP Limited (‘Unilever’).

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Unsuspectingly Following Your Floor Plan into an Architectural Copyright Wall

JD Supra Law

Earlier this month, the U.S. Supreme Court was asked to consider revisiting an August 2021 decision made by the U.S. Court of Appeals for the Eighth Circuit (Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., Case No. 19-3608 (8th Cir. 2021)).

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Asterisk can't limit "reef safe" sunscreen claim to only 2 ingredients

43(B)log

Locklin v. StriVectin Operating Co., 2022 WL 867248, No. 21-cv-07967-VC (N.D. Cal. Mar. 23, 2022) StriVectin makes sunscreen products that it labels “REEF SAFE* SUNSCREEN.” Fine print says that the product does not contain two particular ingredients that are widely thought to harm coral reefs. But plaintiff successfully alleged that the sunscreen contains four other ingredients that endanger the reefs (avobenzone, homosalate, octisalate, and octocrylene) and that the label is therefore misleadin

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The Proposed WTO IP Waiver: Just What Good Can It Do? -- An Analysis

JD Supra Law

As posted Monday, BIO (the Biotechnology Innovation Organization) provided a link to the supposed compromise agreement reached recently to permit WTO member states to waive patent protection for "subject matter required for the production and supply of COVID-19 vaccines without the consent of the right holder to the extent necessary to address the COVID-19 pandemic.

IP 98
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Other Barks & Bites for Friday, March 25: Tillis Submits IP Questions to SCOTUS Nominee; USPTO Launches PTAB Pro Bono Program; EU Reaches Deal on Digital Markets Act, Chipmaker CEOs Urge Senate Judiciary to Advance CHIPS Act

IP Watchdog

This week in Other Barks & Bites: Senator Thom Tillis submits a slew of IP and antitrust questions for Supreme Court nominee, Judge Ketanji Brown Jackson, to answer; CEOs from major chipmaking firms appeal to the Senate Judiciary Committee to advance legislation to provide tax incentives for domestic semiconductor production; the Federal Circuit affirms the PTAB’s Precedential Opinion Panel decision to rein in the Board’s ability to raise patentability issues sua sponte; the CJEU rules that

IP 81
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Federal Court finds formulation patent relating to ACTONEL DR valid but not infringed

JD Supra Law

On February 23, 2022, the Federal Court issued its public reasons for judgment in a patent infringement action pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations relating to risedronate sodium (Allergan’s ACTONEL DR): Allergan Inc v Apotex Inc, 2022 FC 260. Justice Kane found Canadian Patent No. 2,602,188 (the 188 patent) valid but not infringed.

Patent 98
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Patagonia Says Brand Ripped Off TM With Vulgar Designs

IP Law 360

Sportswear company Patagonia Inc. has sued the companies behind the "A s Live Forever" clothing brand for allegedly selling sweats, T-shirts, hoodies and beanies that use profane, ripped-off versions of Patagonia's trademark.

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Patenting the Metaverse

JD Supra Law

The Metaverse is a new frontier of innovation in social and business interaction, and pioneers of this technology are rushing to develop its building blocks and protect their intellectual property (IP) rights. However, patenting this cutting-edge technology is not without challenges.

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Facebook Bags $3.1M Default Win In Cybersquatting Row

IP Law 360

A California magistrate judge on Friday ruled that a Chinese domain name registrar owes Facebook more than $3.1 million for deleting more than four million files after the social media giant began its cybersquatting litigation campaign.

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Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

JD Supra Law

On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible for patent protection under 35 U.S.C. § 101.

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Hedgeye Can't Delete Trade Secrets Twitter Ban, Judge Told

IP Law 360

The ex-managing director of Hedgeye says the investment firm can't get around a New York federal judge's Twitter ban during the firm's trade secrets suit alleging he stole financial models, arguing that keeping inflammatory statements off of social media isn't a violation of free speech.

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Should Brands Be Less Protective Of Their IP When It Comes To NFTs?

JD Supra Law

When it comes to intellectual property, the focus of most brands is to aggressively protect their assets. However, as certain brands have demonstrated in both the physical and digital worlds, a less protective approach may help creators unlock the long-term value of their IP. By: Brooks Kushman P.C.

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5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

IP Law 360

Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

Law 75
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Is the Legal Tide Ebbing on Abstract Idea Rejections?

JD Supra Law

Applicants for a new United States (US) nonprovisional application or National Stage Entry application may see a new form paragraph in their first Office Action between now and the end of July. The United States Patent and Trademark Office (USPTO) has initiated a new invitation-only pilot program to address subject matter eligibility rejections under 35 USC 101.

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Brand Battles: Beauty Biz Sizes Up 'Grande Johnson' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, eyelash enhancing brand Grande Cosmetics is trying to put an end to a "Grande Johnson" trademark application for "intimate" massage oils — plus three other cases you need to know about.

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

It's Friday, so here's your weekly/weakly TTABlog Test. So far in 2022, by my reckoning, the Board has affirmed 52 out of 53 Section 2(d) refusals. Here are the latest three for your consideration. [Results in first comment]. In re TdeltaS Limited , Serial No. 79282075 (March 17, 2022) [not precedential] (Opinion by Judge Thomas Shaw). [Section 2(d) refusal of the mark DELTA GOLD & Design (shown below), for a variety of non-alcoholic, non-medicated beverages used to maintain, promote and enh

Designs 58
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MillerCoors Hit With $56M Verdict In Stone Brewing TM Row

IP Law 360

A California federal jury slapped MillerCoors with a $56 million verdict on Friday, finding that the beer giant had infringed Stone Brewing Co.'s trademark with packaging for Keystone Light that emphasizes "Stone," the companies confirmed.

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Patents Are Winding Down in Russia

JD Supra Law

Ordinarily, a deadline that is three months away is normal for patent prosecution. Yet, Russia’s devastating invasion of Ukraine spurred rapid, unexpected Western sanctions that are anything but normal. The U.S. deadline for sanctions on Russia affects more and runs deeper than just about everything before. Because of this, and because sanctions must capture conduct that may be seen as evasive, patent practitioners should review decisions and cases now.

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K-Pop Group BTS' Label Seeks To Stop Bootleg Tour Merch

IP Law 360

South Korean boy band BTS, through its label, is trying to crack down on unauthorized tour merchandise ahead of the group's upcoming concerts in Las Vegas, saying there is "no reason to believe" the sellers will stop without legal intervention.

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Patent-intensive industries drive higher-skilled, better-paying jobs, USPTO report finds

IAM Magazine

In a snapshot of IP’s role in the pre-pandemic economy, USPTO also points out that patent-heavy sectors have kept pace with overall growth despite oft-critiqued law and policy changes.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen a lawsuit filed against rapper Jay-Z's sport agency, an HSBC alternative investment division sued for breach of contract and pharmaceutical giants Teva and Novartis facing off over patents. Here, Law360 looks at these and other new claims in the U.K.

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Understanding the Contents of a Patent

LexBlog IP

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Patent 52
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Judge Opts For Fee Shrinkage In Seinfeld Copyright Case

IP Law 360

A New York federal judge on Friday awarded Jerry Seinfeld far less than the $1 million in attorney fees he asked for after beating copyright claims over the concept for his Netflix series "Comedians in Cars Getting Coffee," but the judge held that the accuser and his attorney should fork over nearly $29,000 for lodging the meritless suit and driving up a hefty legal bill.

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Reproducing book covers?

Likelihood of Confusion

Nolo’s Patent, Copyright, and Trademark Blog engages a common type of inquiry: Dear Rich: I have a question. I’m starting a literary website and I’d like to put up a. The post Reproducing book covers? appeared first on LIKELIHOOD OF CONFUSION™.