Mon.Jul 18, 2022

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Member States must prevent unlawful uses of GIs also in exports, says CJEU in Feta case (C-159/20)

The IPKat

In its ruling delivered last week, the Court of Justice of the European Union (CJEU) found that Denmark had breached its obligations under Regulation (EU) No 1151/2012 , by failing to stop the use of the Greek PDO “Feta” on cheese produced in Denmark and intended for export outside of the EU (case C-159/20 ). The ruling originates from two complaints of the European Commission against Denmark over the production for exports of cheese under the name “Feta”, that is: “Danish Feta” and “Danish Feta

Art 130
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US Lawmakers Want FTC to Crack Down on Overpromising and Dishonest VPNs

TorrentFreak

VPNs are valuable tools for people who want to use the Internet securely with decent privacy. They are vital for whistleblowers and people who rebel against Government oppression. VPNs have recently become a sensitive topic in United States mainstream media. U.S. anti-abortion laws have increased the interest in privacy services as potential criminal penalties come into play.

Privacy 130
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Why Internet Archive is in Legal Trouble and Deserves to Be

The Illusion of More

My last post about the case Hachette et al., v. Internet Archive was angry. Moved by the compelling testimony author Sandra Cisneros wrote to the court, I was and remain pissed off at those who justify what amounts to enterprise-scale book piracy by dressing it up in the rhetoric of progressive lingo and academic theory. […]. The post Why Internet Archive is in Legal Trouble and Deserves to Be appeared first on The Illusion of More.

Copyright 122
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Why do artists infringe copyright – the tension between artistic creativity and copyright law

IPilogue

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. The focus of the conflict was the meaning of “transformative works” in the U.S. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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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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This Week in Washington IP: Adjudication Issues at the PTAB, Regulating Government Access to Personal Data, and the USPTO’s Southeast Asia Intellectual Property Roadshow

IP Watchdog

This week in Washington IP news, the House Committee on the Judiciary’s IP Subcommittee takes a second look at the Patent Trial and Appeal Board after 10 years of existence, with a special focus on issues with adjudicating legal matters in an agency setting. The full House Judiciary Committee also hosts a hearing to explore government access to consumer personal data.

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Announcing the 2021-2022 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

IPilogue

IP Osgoode would like to congratulate the winners of the? Gowling WLG ?Best Blog in IP Law and Technology Prize for 2021-2022. Four prizes in total are awarded each year to Osgoode students and the winning blog posts are featured in the IPilogue. Recipients also receive a $500 award, are announced at Convocation and receive a permanent notation on their official Osgoode transcript. .

Blogging 106

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Get Your Patent Application Right the First Time

IP.com

While the quality of your invention no doubt contributes to writing a successful patent, so does the quality of your application. But like any legal document, this means checking off. The post Get Your Patent Application Right the First Time appeared first on IP.com - IP Innovation and Analytics.

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PTAB Considers Interim Fintiv Guidance in Refusing to Exercise Discretion to Deny Institution

JD Supra Law

The Patent Trial and Appeal Board recently granted the institution of an inter partes review in Samsung Electronics Co. v. Staton Techiya, LLC, despite the existence of a parallel proceeding in the US District Court for the Eastern District of Texas.

Patent 98
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Kat Von D Tattoo Copyright Infringement Suit – A Permanent Mistake?

Greenspoon Marder LLP

By: Sharon Urias, Esq. and Rachel Kartin* When well-known tattoo artist Kat Von D used Jeffrey B. Sedlik’s copyrighted image of jazz artist Miles Davis as a basis for a tattoo, she probably never thought about the legal consequences beyond making sure she complied with health and safety codes. But she must now confront the intellectual property implications, as Sedlik […].

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LG Electronics v. Immervision, Inc. (Fed. Cir. 2022)

JD Supra Law

Can a prior art reference with an error be considered to be a disclosure of the erroneous teaching? A Federal Circuit panel split over this issue, with their disagreement largely based on how apparent the error would be to one skilled in the art.

Art 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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When Will Courts Admit Rap Videos/Lyrics Posted to Social Media as Evidence?–US v. Wiley

Technology & Marketing Law Blog

The federal government is prosecuting Wiley for drug dealing. The government seeks to introduce as evidence YouTube videos that Wiley posted showing him “holding unknown sums of cash, sitting in or near various luxury vehicles, and performing rap songs that include lyrics laced with profanities, describing drug distribution, Wiley’s claimed wealth and gambling losses, and other content about Wiley’s life.” The government seeks to treat these videos as evidence of Wiley

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5 Key Takeaways - Combating Misrepresentations in Trademark Prosecution and Maintenance

JD Supra Law

Kilpatrick Townsend’s Ted Davis recently spoke at the New York Intellectual Property Association at its “Hot Topics in Trademark and Copyright Law” seminar. Mr. Davis presented on “Combating Misrepresentations in Trademark Prosecution and Maintenance.” Please see full article below for more information.

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Unlocking opportunities from industrial electrification

McKinsey Operations

Electrification brings major value creation opportunities for industrial companies across the value chain—from integrators to raw-material suppliers—but also requires timely actions and investments.

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In Vineis Veritas: No Sour Grapes As Egyptian Court Orders Removal Of Illegal Vines

JD Supra Law

The Beni Suef Economic Court in Egypt has recently ordered the removal of nearly five hectares of illegally grown Early Sweet™ grapevines, totaling 9000 vines and associated seedlings.

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Racial and ethnic equity in US higher education

McKinsey Operations

Institutions have the potential to use their roles in teaching and learning, research scholarship and creative expression, and service to the community to collectively work toward greater equity.

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Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty

JD Supra Law

Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against Kardashian, her business entity Kimsaprincess Inc., and beauty company Coty Inc. on Tuesday, alleging that SKKN by Kim uses branding “highly confusingly similar” to Beauty Concepts’ own skincare line, “SKKN+”.

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The rise of the chief medical officer in consumer-facing companies

McKinsey Operations

This role expanded during the pandemic to encompass many facets of health and well-being. Now companies must clearly define its responsibilities to support business strategy.

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Boilerplate Admissions in the Patent Document Lose Eligibility Case for Stanford

Patently-O

by Dennis Crouch. The Federal Circuit’s new eligibility decision in CareDx, Inc. v. Natera, Inc. , — 4th — (Fed. Cir. 2022) should cause patent attorneys to pause once again as they draft patent applications and consider any characterizations of the technology as “conventional”; “well known”; or even “known in the art.” At times some characterization will be useful for satisfying disclosure requirements.

Patent 84
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It’s Alive? The Open Question of Ownership over the Creations of an AI

JD Supra Law

Who owns the creations of an artificial intelligence? From ownership in general to copyright and patent law, the answer is unclear.

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The Law Bytes Podcast, Episode 135: Co-Chair Emily Laidlaw on the Work of the Government’s Expert Advisory Group on Online Safety

Michael Geist

Canadian Heritage Minister Pablo Rodriguez created an Expert Advisory Group on Online Safety earlier this year to help craft a potential legislative and policy response to online safety and harms issues. The panel recently concluded its work and though the media focused on a failure to achieve absolute consensus from a group that by design had different views, the reality is that common ground was found on several key issues.

Law 81
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What is supply chain?

McKinsey Operations

The supply chain is the interconnected journey that raw materials, components, and goods take before their assembly and sale to customers.

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American Airlines TM Suit Over Reward App Gets Trimmed

IP Law 360

A Texas federal judge has tossed two of American Airlines' trademark infringement claims against media company Red Ventures LLC and its travel rewards app The Points Guy, which are accused of tricking the airline's loyalty members into sharing login information.

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U.S. Department of Commerce and Balkans Work Toward a Resilient and Secure 5G Ecosystem

U.S. Department of Commerce

U.S. Department of Commerce and Balkans Work Toward a Resilient and Secure 5G Ecosystem. July 18, 2022. ASowah@doc.gov. Mon, 07/18/2022 - 11:57. ICT Supply Chain. In partnership with the U.S. Department of State, the U.S. Department of Commerce’s Commercial Law Development Program (CLDP) organized a multi-day regional workshop focusing on the benefits of fifth-generation wireless technology standards for broadband cellular networks (5G) and issues related to network security and supplier diversi

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Jury Invalidates Card Reader Patents In PayPal Supplier Trial

IP Law 360

A Delaware jury decided Friday that Ingenico Inc., which supplies credit card readers to PayPal, infringed two patents owned by a Connecticut company called Ioengine LLC, but concluded that all the infringed claims are invalid, freeing Ingenico from liability.

Patent 73
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Newman Says CAFC Majority Departed from Claim Construction Law in Blow to Ford Over Fuel System Patents

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday vacated and remanded a decision of the U.S. District Court for the District of Delaware, which had granted judgment of non-infringement for Ford Motor Company on three patents owned by Ethanol Boosting Systems, LLC and the Massachusetts Institute of Technology (EBS). The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction.

Patent 64
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The changes that the pandemic has brought regarding the dynamics in counterfeiting?

Olartemoure Blog

The COVID 19 pandemic accelerated the virtualization processes, for example some things we thought were futuristic are now everyday gadgets. The tools were already there but now we became their biggest users. This trend helped the exponential increase in the trade of legal and illegal goods through digital channels. While anti-piracy and anti-counterfeiting have historically focused on public markets, where consumers know or think they know they will find contraband products, imagining that thei

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Supreme Court of Canada confirms all acts of making available are covered by Copyright Act: SOCAN v ESA

Barry Sookman

In a decision just released in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association , 2022 SCC 30, the Supreme Court of Canada confirmed that Canada fully implemented its WIPO copyright Internet Treaty “making available” obligations through a combination of the communication to the public, reproduction, and authorization rights.

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Spain could join the UPC during EU presidency, says top Barcelona patent judge

IAM Magazine

In an exclusive IAM interview, Judge Florencio Molina López talks about his court’s approach to the Mobile World Congress as well as the country’s potential entry into the Unified Patent Court

Patent 52
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EU General Court confirms European Commission's Article 22 EUMR referral policy

JD Supra Law

On 13 July 2022, the General Court of the European Union confirmed the European Commission's jurisdiction to review the Illumina/Grail transaction following a referral pursuant to Article 22 EUMR. The judgment is an important endorsement of the EC's recent change in its Article 22 referral policy, and may embolden the EC to call in for review certain transactions where it may have concerns (in particular suspected so-called "killer acquisitions") even where the transaction does not fulfill any.

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Huawei among the founding licensors in new Sisvel Wifi 6 patent pool

IAM Magazine

The Chinese company joins a group that also includes MediaTek, SK Telecom and Philips in a programme that offers an innovative royalty structure designed to encourage early participation

Designs 52
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Middle District of Tennessee Dismisses Claims Against Lender for Refusal to Consent to Borrower’s Sale

JD Supra Law

On May 9, 2022, the U.S. District Court for the Middle District of Tennessee dismissed a would-be purchaser’s claims against the would-be seller’s lender arising from the lender’s refusal to consent to the sale. Ruby Tuesday, Inc. agreed to sell its leasehold on a hotel property to BNA Associates, subject to approval by Ruby Tuesday’s secured lender, Goldman Sachs Specialty Lending Group, L.P., as required under the loan documents.

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Huawei among the founding licensors in new Sisvel Wifi 6 patent pool

IAM Magazine

The Chiniese company joins a group that also includes MediaTek, SK Telecom and Philips in a programme that offers an innovative royalty structure designed to encourage early participation

Designs 52
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A Word of Caution When Disclosing Confidential Information to A Non-Party Under A Protective Order

JD Supra Law

In a 2-1 opinion,1 the Federal Circuit recently reversed a decision from the United States District Court for the Western District of Wisconsin finding Defendant Leader Accessories LLC (“Leader”) and its attorney, Mr. Jen-Feng Lee, in contempt for allegedly violating a protective order by disclosing Plaintiff Static Media LLC’s (“Static”) confidential information, and awarding Static sanctions and attorney’s fees.

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The USPTO Should Give Ukraine Even More Help

IP Law 360

The U.S. Patent and Trademark office should take three direct steps to help confer upon Ukraine's patent office the same benefits it previously granted to Russia's Rospatent, in addition to the sanctions the USPTO has already conferred in response to the attack on Ukraine, say David Kappos at Cravath, Teresa Summers at Summers Law Group and Andrew Baluch at Smith Baluch.

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FTC Takes First Actions Under New Made in USA Labeling Rule, Fining Battery Companies for Violations

JD Supra Law

The Federal Trade Commission (FTC) recently cracked down on Lithionics Battery, LLC, and Lions Not Sheep Products, LLC, for violating the FTC’s Made in USA Labeling Rule. These are some of the first enforcement actions after the FTC codified its longstanding informal Made in USA guidance, which makes it easier for the FTC to seek damages and levy fines.