Tue.Jul 26, 2022

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3 Count: Time’s Side

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Court of Appeals Rules That a Timely Filed Copyright Infringement Lawsuit Can Recover All Damages, No Matter How Long Ago They Occurred. First off today, Stephen Carlisle at NOVA Southern University reports that the Ninth Circuit Court of Appeals has issued a ruling in the Starz v.

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Trademark Applications: What You See vs. What You Don’t

Erik K Pelton

The following is an edited transcript of my video Trademark Applications: What You See vs. What You Don’t. I’ve always been intrigued and fascinated by great magicians – I love watching Penn & Teller for example. I’ve been to several magic shows over the course of my lifetime and I remember vividly going to my first magic show at a birthday party when I was around 10 years old, and the wonder of what’s behind the curtain, how they make things appear, and what’s

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Should US banks be moving to next-generation core banking platforms?

McKinsey Operations

Banks today urgently need a new core platform, but building one is time-consuming, expensive, and uncertain. It may help to think strategically and pursue a two-track process.

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IPWatchdog’s Second Annual Meeting, LIVE 2022, Is Less Than Two Months Away

IP Watchdog

IPWatchdog’s Second Annual Meeting, IPWatchdog LIVE 2022 is less than two months away. Originally planned to start on March 16, 2020, we had to cancel our inaugural annual meeting when the pandemic shut the world down. We had no choice but to postpone the event on three separate occasions, but we were finally able to hold our first annual meeting, IPWatchdog LIVE 2021, on September 12-14, 2021.

IP 130
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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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US summer travel 2022

McKinsey Operations

McKinsey’s recent US travel survey shows that leisure travel is booming, and this summer many people are planning to take their vacations “no matter what”.

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Faux Outrage Over Patent Friendly Court Leads to WDTX Order Curbing Albright Caseload

IP Watchdog

Yesterday, Chief Judge Orlando Garcia of the U.S. District Court for the Western District of Texas issued an order that, in Garcia’s words, will “equitably distribute” new patent cases among the district’s 12 judges. This order is an effort to address “the volume” of new cases assigned to the Waco Division’s Judge Alan Albright. Albright’s court is viewed as patent owner friendly and he has been under fire recently from both the U.S.

Patent 119

More Trending

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Bereskin & Parr Virtual Open House: Surviving IP Law Practice and Recruitment

IPilogue

Richard De Almeida is an IP Innovation Clinic Fellow and a 3L JD candidate at Osgoode Hall Law School. On Monday July 18, I attended the Bereskin & Parr Virtual Open House to learn about practising there and in intellectual property in general. On the panel was Ryan Baker, Director of Recruitment, Partners Wynnie Chan, Reshika Dhir, Ainslie Parsons and Associate Martin Brandsma.

IP 118
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Digital health: An opportunity to advance health equity

McKinsey Operations

Digital health solutions have the potential to make healthcare more equitable. Here’s how innovators can deliver on that promise.

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‘Rojadirecta Ordered to Pay Over €500,000 in Sports Piracy Damages’

TorrentFreak

Founded more than 16 years ago, Rojadirecta is one of the oldest and most popular linking sites for sports streaming events. The site, which is operated by the Spanish company Puerto 80 Projects, has built a loyal user base over the years. At the same time, it has fought quite a few legal battles too. The Spanish site famously challenged a domain seizure by the U.S.

Reporting 110
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Reimagining education in MENAP

McKinsey Operations

Stakeholders can consider a range of bold initiatives to transform education and create new opportunities for youth in the Middle East, North Africa, and Pakistan.

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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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Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon

Technology & Marketing Law Blog

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. How extensively do they discuss the risks? There’s plenty to discuss. You can get bad publicity and alienate customers (and employees, vendors, etc.). You can have a court declare your trademarks weak or invalid so they are less valuable than when you started.

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Care for the caretakers: Building the global public health workforce

McKinsey Operations

Public health systems globally can play a pivotal role in addressing workforce shortages across the health ecosystem. Here are four shifts that governments can implement today to prepare for tomorrow.

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Top Ten Things You Need to Know About Filing a Claim with the Copyright Office’s New Small Claims Court

Copyright Alliance

Last week, we published a blog post titled 15 Things You Need to Know About the Copyright Office’s New Small Claims Court that received a huge response. We heard from […]. The post Top Ten Things You Need to Know About Filing a Claim with the Copyright Office’s New Small Claims Court appeared first on Copyright Alliance.

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Manatt IP Expert Will Co-Lead ArentFox Schiff Media Team

IP Law 360

ArentFox Schiff LLP has added a Manatt Phelps & Phillips LLP intellectual property expert as a partner and the new co-lead of its media and entertainment industry team in Los Angeles.

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[Event] Paragraph IV Disputes Master Symposium - September 21st - 22nd, Chicago, IL

JD Supra Law

ACI’s 8th Annual Paragraph IV Disputes Master Symposium returns in person to Chicago on September 21-22! Join leading pharmaceutical patent litigators for brand name and generic drug companies to receive up-to-the-minute information on the latest developments affecting Hatch-Waxman litigation and participate in significant peer-to-peer networking opportunities.

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Trademark: What’s In it for You?

Velocity of Content

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP.

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American National Manufacturing v. Sleep Number Corp. (Fed. Cir. 2022)

JD Supra Law

The Federal Circuit today appealed determinations by the Patent Trial and Appeal Board (PTAB) in an inter partes review in American National Manufacturing v. Sleep Number Corp., in an opinion by Judge Cunningham. The opinion was not Judge Cunningham's first Federal Circuit opinion but it is likely to be her shortest, coming in at 862 words (including footnotes).*.

Patent 98
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What Is Flow?

Christopher Roser

Everybody in lean talks about flow. You have to create flow! In particular you have to create one-piece flow. However, while this is true, I often find a lot of confusion on what flow means. Time for a post that goes to the basics and looks at what exactly flow is. My next post takes. Read more. The post What Is Flow? first appeared on AllAboutLean.com.

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What is Software Escrow?

JD Supra Law

Software escrow has been around for forty years, yet many people in the software business are still unaware of what software escrow is, how an escrow agreement works, and who it benefits. You’ve got questions? Here we’ll explain software escrow services in plain language – because it really is a very simple and cost-effective way for an company to protect its investment in business-critical software applications, while at the same time providing benefits for the software supplier.

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How brands can manage metaverse IP risks

Managing IP

Sources say a well-considered pre-launch strategy coupled with necessary registrations, licences and plans for consumer control can help brands mitigate risks.

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[Audio] What You Should Know About Seeking Patent Protection in Vietnam

JD Supra Law

As Vietnam rises as a consumer market, research hub and manufacturing center, patent rights are becoming increasingly important. In this podcast, Procopio Asia Pacific group leader and IP Partner Miku Mehta discusses with other international IP experts the impact of Vietnam’s increasing importance on patent strategy in various technology fields and offers practical tips on filing and prosecution strategy.

Patent 98
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Waco is Waning

Patently-O

by Dennis Crouch. If you want a pro-patent judge, the conventional wisdom since 2018 has been to file your complaint in the Waco Courthouse of the Western District of Texas. Judge Alan Albright is the only federal judge stationed in Waco and so he hears the case. This setup has led to substantial consternation among accused infringers who don’t really like Waco and especially don’t like Judge Albright.

Patent 122
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Last Week In The Federal Circuit (July 18-22): Diagnosing Section 101 Eligibility

JD Supra Law

Precedential opinions: 3 Non-precedential opinions: 10 Rule 36: 0 Longest pending case from argument: Zafer Construction Company v. United States, No. 21-1547 (104 days).

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The McKinsey Crossword: Jukebox Musicals | No. 86

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Latest Federal Court Case - July 2022 #3

JD Supra Law

CareDx, Inc. v. Natera, Inc., Appeal Nos. 2022-1027, -1028 (Fed. Cir. July 18, 2022) - In its only precedential patent opinion this week, the Federal Circuit held patents directed to the detection of organ transplant failure to be ineligible under Section 101.

Patent 96
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How to protect trade secrets for emerging tech

Managing IP

Companies now have more IP than ever, and need a holistic strategy to keep it safe, argue lawyers at Robins Kaplan.

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A Lawyer's Guide To Collecting Fees From Nonpaying Clients

IP Law 360

You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

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Social Media For Artists: How To Optimize Your Business Profile

Art Law Journal

Thanks to the internet and its billions of active users, it’s become easier than ever to leverage social media for artists to amass a following within niche communities, network with like-minded creators, and ultimately increase chances of finding new clients. . . However, with so many active artist profiles online, a robust and unique social media presence is crucial now more than ever to set yourself apart from the rest and grab the attention of a target audience — and potential collectors.

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Trade Secrets Fight Belongs In Tribal Court, Judge Rules

IP Law 360

A federal judge in Alabama declined to hear allegations that a former employee for a tribal-owned defense contractor stole trade secrets and shared them with her new company, finding that the dispute involving work on a missile-detection system belongs in tribal court.

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Streaming Mechanical Complexity Begets Complexity Begets Legal Fees

The Trichordist

Streaming royalties for songwriters are the s**t show of all time.

Copyright 107
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UK Music Streaming Study Finds Good Consumer Outcomes

IP Law 360

A study being conducted by the U.K.'s competition watchdog has so far found that the music streaming industry is working well for consumers in the country and should not be the target of a deeper investigation by enforcers.

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Second Circuit Says RISE Mark is on Weak End of Suggestive Spectrum, Reversing Preliminary Injunction Against Pepsi

IP Watchdog

On July 22, the U.S. Court of Appeals for the Second Circuit issued a decision in RiseandShine Corp. v. PepsiCo, Inc., authored by Senior Circuit Judge Pierre N. Leval, reversing a preliminary injunction entered by the Southern District of New York that prevented Pepsi from marketing its “Mtn DEW Rise Energy” canned energy drink. In reversing, the Second Circuit held that the district court had improperly construed certain likelihood of confusion factors as favoring the merits of RiseandShine’s

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These Law Firms Have The Most-Diverse Equity Partnerships

IP Law 360

While law firms overall continue to take only modest steps towards achieving their longstanding diversity and inclusion goals, some firms are making significant strides and showing that progress is possible even in the uppermost ranks.

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

The TTABlog

So far this year, the Board has affirmed 107 of the 112 Section 2(d) refusals on appeal. How do you think these three appeals came out? [Results in first comment]. In re Denise Wiggins , Serial No. 88925216 (July 21, 2022) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of the mark EINAFF COSMETICS in the word-and-design form shown below, for "Face powder; Glitter for cosmetic purposes; Lip gloss; Lip gloss and wands therefor sold as a unit; Lip glosses; Lipstick; Li

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'Pablo' Faces TM Suit From 'Esco Bar' In Battle Of Vape Cos.

IP Law 360

An Illinois company that tells vape pens under the brand name "Pablo Bar" has been hit with a trademark lawsuit from a Texas company that sells similarly designed pens under the brand name "Esco Bar.