Wed.Jul 20, 2022

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NFTs and Copyright: Some Burning Issues

Kluwer Copyright Blog

Image by Riki32 via Pixabay. The last couple of years has seen the emergence of Non-Fungible Tokens (NFTs) as an important medium for the creation, sale and collection of art, with numerous instances of big money purchases of NFTs. NFTs began as a sub-culture of sorts for artists to sell work in a digitised format, but they are now increasingly becoming mainstream, with many major businesses and fashion houses creating their own NFT projects.

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After MPA Chopped Off PrimeWire’s Head, HydraWire.tv Grew Back

TorrentFreak

In the content protection arena, the term ‘whac-a-mole’ is known all too well. When pirates or their links appear in one place, they can quickly reappear in another. Another term referencing a similar problem relates to piracy platforms. When a lawsuit directly attacks a site’s ability to operate using specific domains or branding, for example, the ‘hydra effect’ comes into play.

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Internet Archive the Racket

The Illusion of More

I think we’ve figured out by now that you can fundraise by lying to people about a threat, right? You can tell them an election was stolen. Or that the internet is under attack. Or that movie stars are harvesting babies to make adrenochrome. Or you can tell them stuff like this. […]. The post Internet Archive the Racket appeared first on The Illusion of More.

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Carswell’s Intellectual Property Journal welcomes new Student Editorial Team for 2022-2023

IPilogue

IP Osgoode is pleased to announce the new team of student editors for the Intellectual Property Journal (IPJ). Returning this year are Sarah Raja, Nikita Munjal, and Androu Waheeb. New student editors are Ibrahim Arif, Patricia Borja, Emily Chow, and Sabrina Macklai. Alexandra Mogyoros , Assistant Professor at Lincoln Alexander School of Law at Toronto Metropolitan University, is also joining the ranks as a book review editor.?

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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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Court Orders PayPal & Alipay to Freeze VPN Company’s Funds in Piracy Lawsuit

TorrentFreak

VPN services are generally seen as neutral intermediaries. Technically speaking, they simply route traffic through their servers, adding an extra layer of protection for their users. However, some VPN providers have gone a step further by marketing their services directly to online pirates. This is also what the Panamanian company “VeePN” did, according to a group of filmmakers.

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Demand for online education is growing. Are providers ready?

McKinsey Operations

Growing competition in online education suggests providers may need to take bold action. Five strategic moves could help them compete and grow while meeting the needs of learners.

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Simple Bookkeeping for Small Business Owners

Legal Zoom

Small businesses just starting out need to begin record-keeping, even if they can't afford a bookkeeper. Here are some simple tips that don't take a lot of time or money to execute.

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The Pitch - July 2022

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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Trademark Registration: Differences between US and Canada

Sander Law

Differences Trademark Registration in US and Canada. The process of registering a trademark in the US is slightly different than in Canada. The following are some differences in the trademark registration process between the two countries. Main Differences. Filing Basis. US - In the US, you need to indicate a filing basis in the trademark application.

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CareDx, Inc. v. Natera, Inc. (Fed. Cir. 2022)

JD Supra Law

Plus ça change, plus c'est la même chose - Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated the obvious when she said in her dissent: My colleagues' refusal deflates the Amici's hopeful suggestion that our precedent leaves the eligibility of a diagnostic claim in front of the Federal Circuit "uncertain." It is no longer uncertain. .

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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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Q&A with Laura Cox

Velocity of Content

In May 2022, CCC acquired Ringgold , a well-known provider of Persistent Identifiers (PIDs) in the domain of scholarly communications. We recently sat down for a virtual chat with Laura Cox to discuss PIDs, disambiguation, and the role each plays in improving scholarly communications. DD: Before we dig in, could you share a little bit about your professional background ?

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Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t

JD Supra Law

Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States, No. 21-1750 (219 days).

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How can individuals use their influence for positive change?

McKinsey Operations

Collaborative action across multiple sectors could help solve society’s most complex challenges.

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Mask mandates expired on June 11, 2022: what now?

Nelligan Law

Reading Time: 3 minutes Most mask mandates in Ontario expired on June 11, 2022, leaving it to individuals and organizations to determine their own mask policies. Nelligan Law is grateful for the contribution of articling student Emma Lodge in writing this blog post. While this may be welcome news for some, others continue to have concerns about the ongoing impact of the pandemic.

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Third Time Unlucky – Apple loses another trademark battle to Swatch

IPilogue

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. On June 8, 2022, Apple took a hit to its trademark portfolio when it lost another trademark battle with Swatch, the famous Swiss watchmaker, before the General Court of the European Union. Through its judgment , the General Court upheld lower court decisions revoking Apple’s rights in its THINK DIFFERENT trademarks.

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Judge Rejects Spotify’s Privilegium Regale Theory, Ek Must Be Deposed Under Oath

The Trichordist

By Chris Castle Judge Trauger rejected Spotify’s theory of privilegium regale that would have protected Daniel Ek from being deposed in the Eight Mile Style case against… Read more "Judge Rejects Spotify’s Privilegium Regale Theory, Ek Must Be Deposed Under Oath".

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(c), TM, and other claims from busted partnership to sell colored copper fixtures

43(B)log

Chiusa v. Stubenrauch, 2022 WL 2793579, No. 3:21-cv-00545 (M.D. Tenn. Jul. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Stubenrauch is the controlling member of CV, which makes and sells unusually colorful “residential fixtures and décor made from aged and/or etched copper.” examples of finishes from opinion Chiusa is the owner and operator of CC, which “create[es] commercial websites and sell[s] various products for m

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Patent ownership when your R&D staff depart

IAM Magazine

IP transactions face difficulties when inventor employees leave a company, raising questions as to whether their inventions are owned by the company. Often, the type of employee and the jurisdiction in question are key factors.

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Senate Confirms Fox Rothschild Atty To District Of Delaware

IP Law 360

The Senate Wednesday confirmed Gregory B. Williams to the U.S. district court in Delaware, filling the seat that opened earlier this year when Judge Leonard P. Stark was elevated to the Federal Circuit.

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Taiwan reinforces protections of core technologies and trade secrets

IAM Magazine

In a bid to prevent core technologies from being leaked to foreign competitors, Taiwan’s Legislative Yuan has amended the National Security Act. However, the amendment raises questions about whether the development of domestic industries will be negatively affected.

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Send the USPTO Your Comments on Director Review, POP and PTAB Internal Review Processes

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) yesterday announced and today published an official Request for Comments on the interim process for Director Review of Patent Trial and Appeal Board (PTAB) decisions, the Precedential Opinion Panel (POP) process and the interim process for PTAB decision circulation and internal PTAB review. USPTO Director Kathi Vidal released updated interim guidance on Director Review and PTAB decision circulation/internal review soon after taking office in April and

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Ex-Hendrix Bandmates Can't Yet Ax Sony's Copyright Suit

IP Law 360

A New York federal judge has refused to boot Sony's copyright suit against former bandmates of late guitarist Jimi Hendrix over music licensing rights, ruling that pending jurisdictional discovery could impact the outcome of the suit but limiting Sony's bid for additional documents.

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Federal Circuit Affirms Denial of JMOL, Partial Costs in Favor of Amazon

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s ruling denying Innovation Sciences’ post-trial motion for judgment as a matter of law (JMOL) that claims of three of its patents are not invalid and that Amazon.com, Inc. infringed them, or, alternatively, a new trial. The CAFC said that substantial evidence supported the district court’s finding of anticipation, which Amazon proved via expert testimony relating to a prior art home automation software call

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Never too Late: If you missed the IPKat last week!

The IPKat

We hope all of you are staying safe and hydrated during the heat wave currently ongoing in Europe. Below is a recap of the latest news from the Kat-world to keep you fresh and cool:- Trade Marks The European Intellectual Property Office (EUIPO) has recently issued some guidance notes on its approach to classifying items relating to virtual and non-fungible tokens (NFTs).

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How a ‘materials transition’ can support the net-zero agenda

McKinsey Operations

As the energy transition continues, advances toward low-emissions materials and the circular economy can also speed progress to net zero. Research on Europe shows the value in such a materials transition.

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Google public policy fellowships partnering with different tech policy organizations: applications open

43(B)log

Google has relaunched its Public Policy Fellowship program. This fellowship is designed to support organizations at the forefront of Internet and tech policy and enhance their research, analysis, and advocacy efforts. Google is partnering with the 12 organizations listed below: The Aspen Institute Bipartisan Policy Center (BPC) The Cato Institute The Center for Democracy and Technology National Taxpayers Union Foundation Open Technology Institute Progressive Policy Institute Public Knowledge R S

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@KerryMuzzey Calls Out Chinese Streamer iQiyi and Tencent for Massive Infringement of Composers

The Trichordist

Kerry Muzzey asks why the mainstream media seems to always miss the massive levels of infringement by companies like Tencent and iQiyi.

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Qingdao IP Tribunal clarifies the criteria of exhaustion in cases of product modification

IAM Magazine

The ruling in a civil suit against Wuxi Smile IoT Ltd establishes that, when considering whether modified genuine products constitute trademark infringement, whether the alleged acts are detrimental to a trademark owner’s legitimate rights is the key issue.

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New Interim Process at the PTAB for Decision Circulation and Internal Review

JD Supra Law

Recently, the Patent Trial and Appeal Board (PTAB) announced a new interim procedure for decision circulation and internal review. This interim procedure is aimed at promoting feedback, eliminating inconsistencies, and increasing transparency during the decision pre-issuance process. The push for increased transparency comes as a result of last year’s Supreme Court decision in United States v.

Patent 52
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Indian 5G patent filings hit unprecedented levels

IAM Magazine

India is rapidly emerging as a leading jurisdiction for filing and securing patents on 5G-related technology. Applications in the space have risen steadily in recent years, with further filings anticipated by the end of 2022.

Patent 52
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BigLaw IP Experts Head For Hoffmann & Baron In DC

IP Law 360

New York-based boutique firm Hoffman & Baron LLP has hired its second intellectual property expert with extensive scientific qualifications away from BigLaw for its new office in Washington, D.C.

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Building incentives to overcome the SEP licensing prisoner’s dilemma

IAM Magazine

Patent pools can provide long-term mutual benefits for many industries, especially those based on FRAND-enabled technology standards. But for them to succeed, write Bowman Heiden and Gustav Brismark, short-term buy and sell-side misalignments must be overcome.

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Electronic Trademark Registration Certificates

JD Supra Law

The United States Patent and Trademark Office (“USPTO”) started issuing electronic trademark registration certificates on May 24, 2022, approximately two weeks earlier than initially planned. The USPTO blamed the accelerated issuance on a “paper vendor disruption,” however one wants to interpret that. Instead of the USPTO issuing a formal paper certificate with its gold seal, the USPTO will be issuing the registrations electronically, meaning as a pdf formatted document with an electronic.

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Oblon McClelland Scoops Partner From Dickinson Wright

IP Law 360

A former partner at Dickinson Wright's outpost in the nation's capital says that a desire to be away from "politics" is partially behind his departure for patent boutique work at Oblon McClelland Maier & Neustadt LLP.

Patent 52
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Merely Receiving Confidential Information Isn’t Enough: Georgia Court Dismisses Tortious Interference with Contract Claim in Trade Secret Case

JD Supra Law

It’s a fact pattern that repeatedly arises in trade secret cases: a company hires someone who has a confidentiality agreement with their former employer. Just before (or shortly after) being hired, the individual emails confidential information from their former employer to individuals at their new job. The former employer files suit against the individual, but also asserts a claim for tortious interference with contractual relations against the new employer.