Fri.Sep 16, 2022

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How are the First Copyright Claims Board Cases Ending?

Plagiarism Today

The Copyright Claims Board (CCB) is the new copyright small-claims court that was introduced in the CASE Act, which as passed in December 2020. The court itself has been open since June of this year and, as of this writing, some 151 cases have been filed with it. Of those 151 cases, some 11 are already closed. To be clear, none of the cases before the CCB have actually been decided by the board itself.

Copyright 270
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Is a Lawyer Required to File a Trademark Application?

Erik K Pelton

The following is an edited transcript of my video Do I Need a Lawyer to File a Trademark Application? It is not technically required that you have a lawyer if you are domiciled in the United States when you’re filing a trademark application, but it is strongly recommended. I’m the first to admit I come to this from a bias, but my bias is based on 20 years of looking at people filing trademark applications—many of them who filed without attorneys—and seeing the results or lack of resu

Trademark 147
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Cloudflare Vows to Fight Global 1.1.1.1 DNS Blocking Orders

TorrentFreak

Website blocking has become an increasingly common anti-piracy tool around the globe. In dozens of countries, ISPs have been ordered by courts to block pirate sites. In some cases, these blocking efforts are part of voluntary agreements. Cloudflare ‘Pirate’ Blocking Orders. In the United States, these types of injunctions are rare. However, since the Internet has no clear borders, the effects sometimes spill over.

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TransUnion Hit With $18M Verdict In Source Code Dispute

IP Law 360

A Cleveland federal jury on Friday said TransUnion LLC should pay $18.3 million to a Northeast Ohio startup that claimed the credit reporting giant held its source code hostage after terminating a business agreement, allegedly preventing the startup from making money with its idea elsewhere.

Reporting 131
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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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The Bill C-11 Hearings Are Back, Part Four: The Risks of a Trade Challenge and Tariff Retaliation

Michael Geist

The first three posts in this series on Bill C-11 have focused on the risks of regulating user content , the risks to Canadian creators , and the risks of increased consumer costs and less competition. Today’s post identifies another risk with the bill: the prospect of a trade challenge under the CUSMA that could lead to billions on tariff retaliation that target some of Canada’s most important economic sectors.

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Flawed Scheme to Lower Prescription Drug Prices Would Do the Opposite

IP Watchdog

The waning days of summer signal the approaching midterm election season. Amid inflation, recession and voter discontent, it’s understandable that a group of congress members are anxious to put points on the board with a price-control scheme that they wrongly believe will lower prescription drug prices. Though the goal is laudable, their approach would prove disastrous to American innovation while failing to deliver anything but higher prices for American consumers.

More Trending

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Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy

Technology & Marketing Law Blog

When a proposed new law is sold as “protecting kids online,” regulators and commenters often accept the sponsors’ claims uncritically (because…kids). This is unfortunate because those bills can harbor ill-advised policy ideas. The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. Newsom ) is an example of such a bill.

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DCA Releases New Report on Piracy Sites and Malware

The Illusion of More

Apropos my recent response to the EFF’s standard policy of shrugging at online piracy, I want to highlight one paragraph from the post to which I replied. Katherine Trendacosta wrote: From the fever-pitch moral panic of the early 2000s, discussions about “piracy” disappeared from pop culture for about a decade. It’s come back, both from the side explaining […].

Reporting 109
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Christie’s Launches Venture Capital Fund for Art-Tech Startups

IPilogue

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On July 18 th , 2022, the world’s second-largest art auction house, Christie’s, announced the establishment of Christie’s Ventures , an investment fund that will support emerging tech companies whose products could have an impact on the art market. According to a representative, the fund is estimated to hold “ several million dollars.

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Demystifying Copyright Protection

JD Supra Law

These days, it seems almost impossible for most people to spend a day without using the internet. For some, that means not reading daily news articles online by swiping their smartphone screens. For others, that means not posting real-time Instagram stories on their social media account.

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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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Manolo Blahnik Shoes Can Finally be Sold in China

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. After a lengthy 22-year trademark battle with Chinese businessman Fang Yuzhou, London-born shoe company Manolo Blahnik has won the legal right to use their name in China. Manolos have never been sold in mainland China because Yuzhou registered the trademark “Manolo & Blahnik” in 1999 in China.

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Creator Spotlight with Multidisciplinary Artist Kendra Dandy

Copyright Alliance

This week we’d like to introduce you to Multidisciplinary Artist Kendra Dandy. You can follow her on Instagram @theebouffants. Can you take us through your creative process? How long does […]. The post Creator Spotlight with Multidisciplinary Artist Kendra Dandy appeared first on Copyright Alliance.

Copyright 101
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Brand Battles: Ex-Journey Singer Fights Band Over Song TMs

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, former Journey frontman Steve Perry is trying to strike down trademark registrations on several songs ostensibly owned by the current band members — plus three other cases you need to know.

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Do Songwriters Want the Cheese or to Escape the Trap in Phonorecords IV?

The Trichordist

By Chris Castle Here it is. The US economic data is undeniably leading to a stagflationary outlook reminiscent of the 1970s. If you don’t have first hand knowledge of… Read more "Do Songwriters Want the Cheese or to Escape the Trap in Phonorecords IV?".

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Infographic | 11 golfers filed an antitrust complaint against the PGA Tour

Olartemoure Blog

11 Golfers filed an antitrust complaint against the PGA tour: first strike! On june 9th, the PGA tour announced it would suspend 17 players who participated in the inaugural LIV Golf Invitational Series event, indicating that the players infringed the PGA Tour’s Tournament Regulations. _. After this, Phil Mickelson and ten other professional golfers filed a federal antitrust complaint against the PGA Tour, arguing that their professional careers were significantly harmed by being suspende

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District Court Finds Mobile Payment Patents Not Invalid Under 35 U.S.C. § 101

The IP Law Blog

In Mobile Equity Corp. v. Walmart Inc. , 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass unpatentable subject matter and therefore were not invalid under 35 U.S.C § 101. Pursuant to 35 U.S.C § 101, “whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the

Patent 98
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OM Weekly Digest 09/15/22

Olartemoure Blog

09/15/22 – Consumer Law. The consumer protection authority in Brazil banned the sale of the iPhone 12 and all subsequent models that do not include chargers. This decision stems from an investigation initiated by the authority after observing that since 2020 Apple stopped including chargers with its cell phones with the argument of seeking to reduce its carbon footprint.

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Some common outcomes when pursuing patent litigation

JD Supra Law

Patents protect intellectual property, but they are most effective when the holder is willing to defend them using litigation. It may involve jury trials, bench trials or even a subsequent appeal to the Circuit Court.

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New CCC Tool Could Accelerate OA Agreements

Velocity of Content

CCC has licensed this report from Outsell, Inc. with the right to distribute it for marketing and market education purposes. CCC did not commission this report as a fee-for-hire white paper nor did it have influence on the outcome of the report. Outsell’s fact-based research, analysis, and rankings and all aspects of our opinion were independently derived.

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District Court Finds Mobile Payment Patents Not Invalid Under 35 U.S.C. § 101

JD Supra Law

In Mobile Equity Corp. v. Walmart Inc., 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass unpatentable subject matter and therefore were not invalid under 35 U.S.C § 101.

Patent 98
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What to Know About the USPTO’s Duty of Candor Guidance Regarding FDA Submissions

Fish & Richardson Trademark & Copyright Thoughts

By now you have seen multiple reports discussing the PTO’s Notice of July 29, 2022, relating to the duties of candor and good faith. Federal Register, Vol. 87, No. 145, July 29, 2022. The Notice purports to clarify “the ‘duty of disclosure’ and ‘duty of reasonable inquiry’ owed to the USPTO and American public” and specifically addresses these duties as they relate to life sciences technologies – in particular, with respect to “information and statements material to patentability including, but

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Generative scheduling: Saving time and money in capital projects

McKinsey Operations

With both infrastructure spending and inflation on the rise, optimizing scheduling and work sequencing can accelerate projects and unlock valuable savings.

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President Biden Signs Executive Order on Biotechnology and Biomanufacturing Innovations

JD Supra Law

On Monday, September 12th, President Biden signed an Executive Order entitled "Advancing Biotechnology and Biomanufacturing Innovation for Sustainable, Safe and Secure American Bioeconomy." The Executive Order (in Section 1) set forth policy goals of taking a "whole-of-government" approach for using biotechnology in areas including "health, climate change, energy, food security, agriculture, supply chain resilience, and national and economic security" while ensuring equitable access and.

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Improving pediatrician well-being and career satisfaction

McKinsey Operations

Many pediatricians say they are facing burnout. Here’s what hospitals and other health systems can do to help.

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Disney Fights Uphill To Toss Writer's 'Muppet Babies' IP Suit

IP Law 360

A California federal judge appeared skeptical Friday of Disney's bid to toss allegations it stole a writer's ideas for a "Muppet Babies" reboot, telling Disney's attorney she's asking him to "ignore" certain allegations and "focus on one specific allegation that benefits your motion to dismiss.

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CAFC Affirms District Court Analysis of Standard for Granting Patent Term Adjustment

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential decision affirming a Virginia district court’s grant of summary judgment for the U.S. Patent and Trademark Office (USPTO) with respect to SawStop Holding LLC’s challenge of the denial of patent term adjustment (PTA) for two of its patents. The CAFC agreed with the district court that PTA was not warranted because the claim at hand did not issue under a decision that reversed an adverse determination of pa

Patent 69
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11th Circ. Mulls Bar's Claim Of 'Floribama Shore' Confusion

IP Law 360

The Eleventh Circuit on Friday probed the similarity between the names of MTV reality show "Floribama Shore" and the Flora-Bama Lounge, Package and Oyster Bar, which straddles the Alabama-Florida state line, as it weighs the bar's bid to revive a trademark suit.

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

The IPKat

The past week on the IPKat has been a mix of different IP issues. Here we go! Trade Marks GuestKat Nedim Malovic reported and commented on a couple of EU trade mark decisions:- · The first is the decision (Case T-251/21 Tigercat Inc v EUIPO) of the EU General Court on the appeal in relation to the opposition against “Tigercat” filed by Caterpillar Inc. based on its earlier figurative EU trade mark for “Cat” and device (see here ). · The second decision Nedim reported on is the decision (Case R-1

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Hologram Co. Investor Penalized For 'Harassment' Filings

IP Law 360

A Florida federal judge ordered a Jacksonville man and his attorney to pay more than $135,000 in sanctions for filing "harassment" briefs and continuing to pursue a securities fraud lawsuit against Michael Jackson hologram creator Pulse Evolution Corp. even after it was dismissed.

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Celebrating law firm excellence: 2022 Global IP Awards winners revealed

IAM Magazine

Companies recognised for knowledge, insight and achievements over last 12 months

Law 98
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50 Cent Sues Fla. Surgeon Over 'Penile Enhancement' Ads

IP Law 360

The rapper and entrepreneur known as 50 Cent sued a plastic surgeon and her Sunny Isle Beach, Florida, practice in federal court Friday, alleging she used photos she took with him without his consent to promote her business on social media and falsely implied that he had received penile enhancement treatment.

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Federal Circuit: PTAB Denial of Motion to Terminate in Arthrex Remand Where SCOTUS Vacated CAFC is Proper

IP Watchdog

Following a remand on Appointments Clause issues under United States v. Arthrex, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a Patent Trial and Appeal Board (PTAB) ruling finding all challenged claims of Polaris Innovations Limited’s patents unpatentable and denying Polaris’ motions to terminate. The decision is precedential and authored by Judge Stoll.

Patent 64
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Don’t let fear stop you from forging ahead: An interview with Erika James

McKinsey Operations

As dean of the Wharton School, James is eager to expand the narrative about the school and all it has to offer. And as a self-described “insecure risk-taker,” she offers advice on how to turn discomfort into action.

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Despite “Winning” its Appeals, Sawstop still denied Type-C Patent Term Adjustment

Patently-O

by Dennis Crouch. Sawstop v. Vidal , — F.4th — (Fed. Cir. 2022). This is a Patent Term Adjustment (PTA) case. Back before 1995, patents were awarded a term of 17-years following issuance. As part of an international negotiation and with some anti-submarine policy justifications, the US switched over to a 20-year term that starts counting days as of the application’s filing date.

Patent 63
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Moving in Together? 12 Tips for Merging Your Art Collections

Art Law Journal

Home is where the art is — which can make moving in together with a partner (and their collection) a tricky situation! Find common ground (and wall space) with these 12 tips for merging your art collections.

Art 52