Michael Geist

SEPTEMBER 30, 2022

The Senate Bill C-11 hearings have provided a model for the much-needed, engaged, non-partisan inquiry that was largely missing from the House committee’s theatrics in which the government cut off debate on over 150 amendments. But this week those hearings attracted attention for another reason: serious charges of witness intimidation and bullying by government MPs, most notably Canadian Heritage Parliamentary Secretary Chris Bittle (yes, the same Bittle who last month suggested I was a racist a

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Government Reporting Litigation Law 145

McKinsey Operations

SEPTEMBER 30, 2022

In stormy weather, survey respondents maintain realism about the global economy. While geopolitical conflicts and inflation remain top of mind, concerns about energy volatility predominate in Europe.

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Intellectual Property Law Blog

SEPTEMBER 30, 2022

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry.

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Technology Trademark Patent Prosecution Patent 130

IP Watchdog

SEPTEMBER 30, 2022

In its third precedential patent opinion this week, the U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today upheld a Patent Trial and Appeal Board (PTAB) decision finding that Mylan Pharmaceuticals, Inc. failed to show that certain claims of Merck Sharp & Dohme Corp.’s patent for a Type 2 Diabetes treatment were anticipated or would have been obvious over the cited prior art.

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Art Patent Litigation Intellectual Property 122

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?

Technology

The IP Law Blog

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Copyright law “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

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Copyright Infringement Copyright Social Media Fair Use 122

McKinsey Operations

SEPTEMBER 30, 2022

Our survey reveals a strong commitment to sustainability in packaging, but few organizations are on track to meet these goals. We suggest five levers to get companies back on track.

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The Illusion of More

SEPTEMBER 30, 2022

Dear Authors (“the undersigned”): It’s not your fault. You mean well. But you are simply wrong to have signed that letter—the one written and orchestrated by Fight for the Future (FFTF), which misrepresents the case Hachette et al., v Internet Archive as an attack on libraries. If I were not a copyright nerd, and I […]. The post An Open Letter from a Copyright Nerd to About 300 Authors appeared first on The Illusion of More.

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Copyright 116

McKinsey Operations

SEPTEMBER 30, 2022

Luxury and sportswear have delivered consistently high returns through turbulent years. But outliers from other categories offer insights into outperformance in a volatile global apparel market.

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Marketing Marketing 113

TorrentFreak

SEPTEMBER 30, 2022

For more than a decade the Hadopi agency (High Authority for the Distribution of Works and the Protection of Rights on the Internet) was seen as the solution to BitTorrent-style peer-to-peer piracy in France. Hadopi’s goal was to change the behaviors of the majority of French pirates. Ultimately, a preference among pirates for different technologies ended up taking the credit for that.

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Reporting Designs Design Marketing 110

JD Supra Law

SEPTEMBER 30, 2022

Many resources are available to help applicants with ST.26 implementation and WIPO Sequence software navigation: USPTO Resources WIPO Resources Subscribe to “WIPO Sequence Updates” email notifications here to stay up to date on WIPO Sequence releases and issues: WIPO Sequence Updates.

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IP 107

Advertiser: IPO

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.

Patent

Copyright Alliance

SEPTEMBER 30, 2022

Creators often wonder how to “get” copyright protection for their creative works. The good news is that copyright law will automatically protect a work if it meets the criteria of […]. The post Copyright Law Concepts to Know Before Filing a Registration Application appeared first on Copyright Alliance.

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Copyright Law Registration Copyright Law 104

IP Law 360

SEPTEMBER 30, 2022

Two of the largest tobacco companies in the world head to the Federal Circuit to fight over a ban R.J. Reynolds won at the U.S. International Trade Commission that blocked Philip Morris from importing IQOS-branded heated tobacco products into the U.S. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Intellectual Property Branding Brands Branding 98

JD Supra Law

SEPTEMBER 30, 2022

A bigger question may be: how do companies prominently disclose ad content in a limitless space? The metaverse virtual world is a shiny new sandbox for brands to play in. Just as sponsored content dominates social media, so too will advertising blanket the metaverse. Platform terms and features for branded content on social media is quite developed, but that is not yet the case for the metaverse.

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Advertising Advertising Social Media Branding 98

IP Law 360

SEPTEMBER 30, 2022

An intervenor complaint filed by the city of New York in a cannabis trademark suit can continue because it has plausibly alleged that a vendor who riffed on city logos has marks that are counterfeit under the Lanham Act, a federal judge has ruled.

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Trademark 98

Velocity of Content

SEPTEMBER 30, 2022

CCC has launched OA Agreement Intelligence , the only agreement modeling solution that enables publishers to prepare, build, and analyze their OA data so that they can create and communicate sustainable and transparent agreements with their partners. The solution combines sophisticated data preprocessing with easy-to-use analysis and export capabilities.

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Publishing Business Technology Marketing 98

IP Law 360

SEPTEMBER 30, 2022

Ed Sheeran can't escape a copyright lawsuit over claims that he ripped off his 2014 hit "Thinking out Loud" from Marvin Gaye's iconic "Let's Get It On," with a New York federal judge saying on Thursday that key questions involving the songs' similarities should be left to a jury to decide.

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Copyright 97

Art Law Journal

SEPTEMBER 30, 2022

Pauline Brown, renowned expert on luxury branding and founder of Aesthetic Intelligence Labs, discusses the definition of aesthetic intelligence and how it can drive business interests.

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Business Branding Brands Branding 96

IP Law 360

SEPTEMBER 30, 2022

Former U.S. Patent and Trademark Office directors, Federal Circuit judges and a U.S. Chamber of Commerce official kicked off a new bipartisan coalition this week that aims to counter misinformation they say has led to the steady erosion of the U.S. intellectual property system.

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Intellectual Property IP Trademark Patent 97

IP.com

SEPTEMBER 30, 2022

The post ‘Satisfy all your IP needs with one tool set’: How a top innovator excels with IP.com solutions appeared first on IP.com - IP Innovation and Analytics.

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IP 98

McKinsey Operations

SEPTEMBER 30, 2022

Stock markets can be volatile, and some years they decline. But the ups far outnumber the downs—and returns are in line with two centuries of performance.

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Marketing Marketing 96

Trading Secrets

SEPTEMBER 30, 2022

In the fifth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something.

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Contracts Confidentiality Litigation Business 75

McKinsey Operations

SEPTEMBER 30, 2022

As artificial intelligence informs more decisions, companies’ AI systems must be understood by users and those affected by AI use. Actions in two areas can maximize AI’s benefits and minimize risk.

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Business 89

The TTABlog

SEPTEMBER 30, 2022

So far this year, the Board has affirmed more than 90% of the Section 2(d) refusals it has reviewed on appeal. Here are three recent ones. No hints this time. How do you think they came out? [Results in first comment]. In re Aleksander Chulyakov , Serial No. 90032236 (September 28, 2022) [not precedential] (Opinion by Judge Christopher Larkin) [Section 2(d) refusal of the mark EVERBLAK for "jewelry, namely, wedding rings and wedding bands" in view of the registered mark FOREVER BLACK for "clothi

Copyright 72

Copyright 72

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 30, 2022

Casey Kraning discusses several Senate bills that have been proposed in the last year and their potential impact on post-grant practice. Read the full article in The National Law Journal. PDF copy available. Several Senate bills have been proposed over the last year to enact changes to the America Invents Act relating to post-grant practice before the Patent Trial and Appeal Board.

Journalism 70

Journalism Invention Law Litigation 70

IP Law 360

SEPTEMBER 30, 2022

LinkedIn urged a California federal judge Thursday to grant it summary judgment in a recruiting startup's antitrust lawsuit over access to public information on its website, while the startup countered that LinkedIn spied on it for years before leading it and other competitors "down the path to take them out.

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McKinsey Operations

SEPTEMBER 30, 2022

Holaluz cofounder Carlota Pi Amorós details her ambition for the start-up to become a decentralized energy-as-a-service green-tech company.

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IP Law 360

SEPTEMBER 30, 2022

Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

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Law 75

JD Supra Law

SEPTEMBER 30, 2022

The Texas federal courts have long reigned as among the most popular venues for patent litigation. According to Lex Machina, about a third of all patent cases filed in the United States last year were filed in just two federal courts, both of which are in Texas. Originally published in Law360 on June 29, 2022.

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Patent Litigation Publishing 64

IP Law 360

SEPTEMBER 30, 2022

Skechers launched trademark infringement claims in Illinois federal court Thursday accusing a group of foreign businesses of selling counterfeit walking shoes and other products to unwitting customers through interactive websites that unlawfully trade on the brand's familiarity and reputation.

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Branding Brands Branding Business 74

IPilogue

SEPTEMBER 30, 2022

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on September 21, 2022. On September 7, 2022, Canada’s Minister of Innovation, Science and Industry (the Minister), issued a statement on Canada’s Telecommunications Reliability Agenda following the nation-wide Rogers network outage that took place on July 8, 2022.

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Television Government Business IP 59

IP Law 360

SEPTEMBER 30, 2022

A freight broker has for now escaped claims that it is part of an alleged multimillion-dollar "counterfeit network" producing knockoff Cake brand Delta-8 THC vaping products after a California federal judge ruled that the accusations are simply conclusory at this point.

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Branding Brands Branding 74

IP Watchdog

SEPTEMBER 30, 2022

This week, the U.S. Supreme Court docketed a petition for certiorari filed on September 17 by hip-hop producer Gary Frisby, who performs under the name G-Money, asking the Court to revive his musical composition copyright case that alleged infringement of Frisby’s 2013 beat track “Shawty So Cold.” Frisby’s appeal challenges the U.S. Court of Appeals for the Ninth Circuit’s ruling that the appellate court lacked subject matter jurisdiction over Frisby’s appeal from U.S. district court because he

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Music Copyright Litigation Intellectual Property 59

JD Supra Law

SEPTEMBER 30, 2022

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) unpatentability finding and denial of a motion to terminate, finding that the Board had already issued final written decisions that were not vacated at the time the Board denied the parties’ motion to terminate.

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Patent 60

Trading Secrets

SEPTEMBER 30, 2022

We’ve written previously about Washington, DC’s non-compete bill scheduled to take effect on October 1, 2022. While DC Council has pulled back from enactment before to make last-minute revisions to the legislation—most notably in 2021 after the initially-passed bill would have barred non-competes entirely—there appear to be no such changes this time.

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Law 59

JD Supra Law

SEPTEMBER 30, 2022

So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution. They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name). The MGM roar and the Nittany Lion roar are certainly not identical, but they might be considered confusingly similar, should one ever need to distinguish or compare them.

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