Tue.Jul 27, 2021

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3 Count: Olympic Bans

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Twitch Streamers Hit with DMCA Copyright Bans for Streaming Near Olympics. First off today, the Manchester Evening News is reporting that several Twitch streamers have expressed frustration over Digital Millennium Copyright Act (DMCA) takedown notices that have shuttered their streams for simply livestreaming in public places near the Olympics.

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YouTube Rippers Refuse to Log Data and Back Out of U.S. Piracy Lawsuit

TorrentFreak

Three years ago a group of prominent music companies took two of the largest YouTube rippers to court. The labels, including Universal, Warner Bros, and Sony, accused FLVTO.biz, 2conv.com and their Russian operator Tofig Kurbanov of facilitating copyright infringement. While many foreign site operators choose not to fight back, Kurbanov did. With help from a seasoned legal team, he filed a motion to dismiss, arguing that US courts don’t have jurisdiction over a Russian site operator who conducts

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Golden Globe statuette 2018 denied copyright protection in the US

The IPKat

Long time readers of the IPKat may remember a while back, when the Academy logo (featuring the Oscar statue silhouette) was denied copyright registration. The US Copyright Office concluded that the logo was a derivative work of the Oscar statuette and did not possess the requisite authorship to sustain a (self-standing) claim to copyright. The Hollywood Foreign Press Association faced the same problem last week, when its request to register its 2018 version of Golden Globe statuette was rejected

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Redefining an Industry: Where is Champagne From?

IPilogue

Photo by Shayna Douglas (unsplash.com). Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. On July 2, 2021, Russian President Vladimir Putin signed legislation that redefined the world’s infamous bubbly drink. According to this change, only Russian-made Shampanskoye can use the prestigious “champagne” label in Russia.

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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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Creator Spotlight with the American Influencer Council (AIC)

Copyright Alliance

The American Influencer Council (AIC) is the sole 501(c)6 not-for-profit membership trade association in the U.S. that’s led by and for career creators. The AIC harnesses resources to advance digital […]. The post Creator Spotlight with the American Influencer Council (AIC) appeared first on Copyright Alliance.

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‘Patents Kill’ Billboard Conveys a False Narrative About IP Rights That Threatens Covid Containment

IP Close Up

A billboard in Brussels, home of the European Union, is perpetuating a dangerous myth that patents are responsible for Covid deaths in poor nations. The Continue reading.

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More Trending

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The counterfeit lie

Likelihood of Confusion

"Cops? Robbers? Stealing? I don't know much about trademarks, but I know about those things. Judgment for plaintiff.". The post The counterfeit lie appeared first on LIKELIHOOD OF CONFUSION™.

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Federal Circuit: PTAB Failed to Provide Adequate Notice of Sua Sponte Claim Construction

IP Watchdog

In a precedential opinion authored by chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit today vacated and remanded six Patent Trial and Appeal Board (PTAB) final written decisions in inter partes review (IPR) proceedings filed by Intel that found Qualcomm's patent claims 1–15, 17–25, and 27–33 of U.S. Patent No. 9,608,675 would have been obvious.

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Coca-Cola Successfully Petitions to Cancel Trademark Registrations Based on Misrepresentation of Source

JD Supra Law

Coca-Cola Company has a rich history and well-established global brand in its products originating in the U.S. It has also purchased and invested in the development of other brands and distribution of beverage products outside of the U.S., including in India. Coca-Cola entered the market in India through the acquisition of the marks THUMS UP and LIMCA, because when it initially expressed interest in selling its Coke-branded products in India, the Indian government required companies to disclose.

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Updates to Olympic Charter Rule 40: Impact of Name, Image, Likeness Changes for Tokyo Games

IP Watchdog

“Name, Image, Likeness” rights, the term commonly used to designate rights covered under right of publicity law, has been a popular and trending term thus far in 2021, and a hotly debated topic in the world of sports. With the Supreme Court’s ruling in NCAA v. Alston, multiple states enacting Name, Image, Likeness statutes, and the recent decision by the NCAA to suspend all Name, Image, Likeness rules for incoming and current athletes, this year is promising to reshape the advertising and sponso

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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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Foley Weekly Automotive Report - July 2021 - 3

JD Supra Law

This report helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments GM scheduled downtime for the week of July 26 at three pickup truck plants in Michigan, Indiana and Mexico due to the chip shortage.

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Deputy Secretary Graves Applauds U.S. Census Bureau and Bureau of Economic Analysis for Producing Quality, Accurate and Equitable Data During Pandemic

U.S. Department of Commerce

Deputy Secretary Graves Applauds U.S. Census Bureau and Bureau of Economic Analysis for Producing Quality, Accurate and Equitable Data During Pandemic. July 27, 2021. KCPullen@doc.gov. Tue, 07/27/2021 - 09:34. 2020 Census. Economic indicators. Population statistics. Commerce Deputy Secretary Don Graves greets staff at the U.S. Census Bureau and Bureau of Economic Analysis (BEA) headquarters in Suitland, MD. . .

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Trademark Modernization Act of 2020: Part 3

JD Supra Law

The new ex parte expungement and reexamination proceedings, introduced by the Trademark Modernization Act, are intended to be efficient ways of removing improper trademark registrations from the register. But will expungement or reexamination always be the best strategy for challenging a trademark registration?

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Over 3,000 Business Leaders Join Deputy Secretary Don Graves and NBA Hall of Famer Isiah Thomas in Virtual Discussion on Administration’s Build Back Better Agenda

U.S. Department of Commerce

Over 3,000 Business Leaders Join Deputy Secretary Don Graves and NBA Hall of Famer Isiah Thomas in Virtual Discussion on Administration’s Build Back Better Agenda. July 27, 2021. KCPullen@doc.gov. Tue, 07/27/2021 - 09:58. Infrastructure. U.S. Commerce Deputy Secretary Don Graves and NBA Hall of Famer Isiah Thomas . . Earlier today, Deputy Secretary Don Graves and Isiah Thomas, NBA hall of famer and CEO of Isiah International , hosted a virtual briefing with over 3,000 business leaders to break

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Key Regulatory Topics: Weekly Update 9 - 15 July 2021

JD Supra Law

This week, among other highlights, Committee on Payments and Market Infrastructures, BIS Innovation Hub, International Monetary Fund and the World Bank issued a joint report for the G20 on the use of Central Bank Digital Currencies for cross-border payments; and ESMA launched seven consultations on how to implement its central counterparty (CCP) recovery mandates.

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Who is the trademark examining attorney?

Patent Trademark Blog

Is the trademark examiner a licensed attorney? Yes, trademark examiners at the USPTO are licensed attorneys at law. That is why they are called examining attorneys as opposed to trademark examiners. Unlike a patent examiner who most likely did not go to law school, your trademark application will be reviewed by an examining attorney who will likely be well versed in legal arguments and case law.

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New from China: Light Administrative Injunctions Now Available for Patents, Designs, and Copyrights

IP Tech Blog

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The decision was based on a set of local IP regulations implemented in 2019 to increase protection of intellectual property (IP) rights associated with the booming local innovation in key new technologies.

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Long Walk to Copyright Reform (Pt 3): What does/should South Africa want with its copyright exceptions?

The IPKat

The window for stakeholders and interested parties to make written submissions in response to the invitation of the Portfolio Committee on Trade and Industry in South Africa regarding certain clauses of the Copyright Amendment Bill (CAB) closed earlier this month on 9 July 2021. As previously indicated here , South Africa’s President had returned the CAB to Parliament alleging inter alia reservations on the constitutionality of clauses 13 and 20 of the Bill.

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Promoting Competition in the American Economy Executive Order: Antitrust Is Back?

JD Supra Law

On July 9, 2021, President Biden executed an Executive Order (EO) on Promoting Competition in the American Economy. This EO impacts the Intellectual Property (IP) transactions and portfolios as discussed below. By: Miles & Stockbridge P.C.

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Oatly Pursues Trademark Case Against Family Farm

LexBlog IP

The past few years has seen an explosion of products that are new variations on old staples. Take milk, for instance. For most of my life milk was synonymous with cow’s milk, and really that was the only milk you could get. Goat’s milk garnered the occasional mention, but only as something that you drank on a farm or out in the country where options were limited.

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Last Week in the Federal Circuit (July 19-23): Considering Secondary Considerations

JD Supra Law

As expected, the Senate has voted to confirm Tiffany Cunningham as the Federal Circuit’s newest judge. This makes history, giving the Federal Circuit its first ever Black judge and bringing the Court to gender parity for the first time. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

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Fictionalizing a Science Experiment

Dear Rich IP Blog

Margaret Mead, anthropologist Dear Rich: I'm writing a novel based on a scientific experiment that was well-publicized at the time. There has since been a documentary on the subject, as well as numerous newspaper articles. The head scientist is now deceased. However, the woman who ran most of the study is not. Some of her diaries of the experiment were also published in 1969.

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Sensormatic Electronics, LLC v. Wyze Labs, Inc. (Fed. Cir. 2021)

JD Supra Law

Sensormatic asserted U.S. Patents 7,730,534, 7,936,370, 7,954,129, 8,208,019, and 8,610,772 against Wyze in the District of Delaware, alleging infringement. Wyze moved the District Court to dismiss under Rule 12(c), on the grounds that the claims are directed to ineligible subject matter. The motion was granted. Sensormatic appealed.

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New from China: Light Administrative Injunctions Now Available for Patents, Designs, and Copyrights

LexBlog IP

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The decision was based on a set of local IP regulations implemented in 2019 to increase protection of intellectual property (IP) rights associated with the booming local innovation in key new technologies.

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Latest Federal Court Cases - July 2021 #3

JD Supra Law

Chemours Company FC, LLC v. Daikin Industries, Ltd., Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) - In this week’s Case of the Week, the Federal Circuit reversed a PTAB decision in consolidated IPRs that two patents were unpatentable as obvious. The Court held that the Board erred in reaching its conclusions both in terms of what the prior art taught and in application of objective indicia of nonobviousness.

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Federal Circuit emphasizes high bar for enablement of functional claims

LexBlog IP

In two recent decisions in Amgen Inc. v. Sanofi, Aventisub LLC , the Federal Circuit has made clear that broad functional patent claims must be fully enabled and underscored the high bar for enablement of broad biological compound claims including functional limitations. Amgen v. Sanofi, Aventisub LLC , 987 F.3d 1080 (Fed. Cir. 2021). On June 21, the Federal Circuit denied Amgen’s petition for rehearing en banc, and the original panel authored an opinion responding to Amgen and the amicis&

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Precedential TTAB Decision Revisits Claim And Issue Preclusion

JD Supra Law

In a recent precedential decision, the TTAB again revisited the doctrines of claim and issue preclusion. Valvoline Licensing & Intellectual Property LLC (“Valvoline”) opposed Sunpoint International Group USA Corp.’s (“Sunpoint”) application to register the mark MAXVOLINE on the sole ground of likelihood of confusion.

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Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited Discovery

LexBlog IP

In trade secrets litigation, it is often critical to expeditiously obtain protection from further disclosure or continued misappropriation of the trade secret at issue through a motion for preliminary injunction. Courts are quick to point out, however, that preliminary injunctions are “an extraordinary and drastic remedy,” and are only to be granted if the movant, “by a clear showing, carries the burden of persuasion” as to each element of the preliminary injunction test.

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Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited Discovery

JD Supra Law

In trade secrets litigation, it is often critical to expeditiously obtain protection from further disclosure or continued misappropriation of the trade secret at issue through a motion for preliminary injunction. Courts are quick to point out, however, that preliminary injunctions are “an extraordinary and drastic remedy,” and are only to be granted if the movant, “by a clear showing, carries the burden of persuasion” as to each element of the preliminary injunction test.

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Precedential TTAB Decision Revisits Claim and Issue Preclusion

LexBlog IP

In a recent precedential decision, the TTAB again revisited the doctrines of claim and issue preclusion. Valvoline Licensing & Intellectual Property LLC (“Valvoline”) opposed Sunpoint International Group USA Corp.’s (“Sunpoint”) application to register the mark MAXVOLINE on the sole ground of likelihood of confusion.

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MarkIt to Market® - July 2021: Bombing Atomically – Futura and the Future of Fluid Trademarks

JD Supra Law

This month, Google has celebrated July 4th, the start of the 2020 summer Olympics, and Ángela Peralta's 175th birthday, to name a few, through its iconic Google Doodles found atop the Google search page. Google is one of many companies that frequently makes modifications to its marketing materials while still making sure that its brand is undeniably recognizable.

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Precedential TTAB Decision Revisits Claim and Issue Preclusion

Above the Fold

In a recent precedential decision, the TTAB again revisited the doctrines of claim and issue preclusion. Valvoline Licensing & Intellectual Property LLC (“Valvoline”) opposed Sunpoint International Group USA Corp.’s (“Sunpoint”) application to register the mark MAXVOLINE on the sole ground of likelihood of confusion. Sunpoint moved for summary judgment based on the defense of res judicata , which people sometimes interpret as encompassing the doctrines of both claim and issue preclusion.

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Intellectual Property – The Key To A Successful Brand

azrights

Introducing Brand Tuned. To give businesses the best start in life when it comes to developing a new brand, it is essential that intellectual advice is taken during branding projects so the brand can stand, be distinctive, and use protected IP to remain unique. The importance of IP should never be underestimated when it comes to your brand and your business.

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World Intellectual Property Indicators 2020 or how all roads lead to China (ii): trademarks, industrial designs and creative industry  

Garrigues Blog

The World Intellectual Property Organization (WIPO) has published its World Intellectual Property Indicators Report 2020 , which contains valuable information on changes in intellectual property indicators and trends worldwide, from 2018 to 2019, as we discussed in this post. Since these changes have an impact on various different industries and on the economy in general, in the first part of this article we mainly focused on the results of WIPO’s patent analysis.

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Counsel weigh up options as EU eyes enhanced GI protection

Managing IP

Locally sourced items such as cutlery, marble and tweed could soon be given the same protection as cheese and wine, but could it work in practice?

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