Mon.Jun 13, 2022

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Ten things to know about NFTs

The IPKat

Recently, I spoke in the PRS London Members' Day panel about NFTs, alongside Cliff Fluet (Lewis Silkin) and Mike Walsh (Serenade). There has obviously been a considerable amount of excitement around non-fungible tokens (NFTs) over the last few years and some interesting developments in the last few months. Here is a roundup of the key things to know and keep an eye on.

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Blurred Lines: How the Lack of Regulation of NFT Platforms Has Fueled Rampant Art Theft

IPilogue

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work.

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IPTV Pirates Who Lost $90m Lawsuit Lose Another Worth $130m

TorrentFreak

After suing the operators of pirate IPTV service SetTV in 2018, the very same year broadcaster DISH Network walked away with a significant victory. Platform operators Nelson Johnson and Jason LaBossiere were ordered to pay DISH a cool $90 million in damages for violations of the Federal Communications Act. The court also issued a permanent injunction that prohibited the men from operating a similar IPTV service in the future, if that breached DISH’s rights.

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Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

JD Supra Law

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law.

Fair Use 117
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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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Probing reality and myth in the metaverse

McKinsey Operations

Despite some skepticism, our recent insights show that Americans of all ages are ready to embrace the metaverse.

Marketing 143
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Facebook Moderator Defeats Defamation Lawsuit Over Termination Explanation–Margolies v. Rudolph

Technology & Marketing Law Blog

This is a case in the #MeToo genre. Rudolph runs a “private” Facebook group called The Green Lounge with about 14,000 members. Margolies was a member and made in-group connections with substantial commercial value to him. On June 3, 2020, Rudolph posted the following message to the group: Over the past week, several women have bravely come forward, putting themselves on the line, to report that members of this community – [REDACTED] and Rob Margolies – crossed the line and caused the

Blogging 107

More Trending

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How NFTs are Impacting the IP Industry

IP.com

The digital age has changed the intellectual property landscape. IP is taking new forms and is being applied in new ways. With the additional access and circulation of all-digital IP. The post How NFTs are Impacting the IP Industry appeared first on IP.com - IP Innovation and Analytics.

IP 98
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A Few Things that USPTO Could Do to Simplify Patent Prosecution

JD Supra Law

The U.S. Patent and Trademark Office handles hundreds of thousands of patent applications per year, as well as various types of administrative patent proceedings. While the USPTO has made incremental improvements in its examination practices and IT systems to streamline applicant workflows, there are a number of relatively small changes that it could employ to reduce applicant time and expense.

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The U.S. ‘Small’ Copyright Claims Board Goes Live this Week

TorrentFreak

At the end of 2020, US Congress passed new legislation that officially introduced a “small claims” process for copyright disputes. The CASE Act, short for “Copyright Alternative in Small-Claims Enforcement,” established a copyright claims board within the United States Copyright Office. This three-member tribunal provides an option to resolve copyright disputes outside the federal courts, which significantly reduces the associated costs.

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Legal Protection for the Software Arts — Part 8

JD Supra Law

Patent protection is perhaps the most contentious form of IP protection for software. There is no surer way to start a fight amongst the various interest groups interested in patents than to discuss software patents — both because the issue is so contentious and because the law is, to say the least, confusing (or was that confused?).

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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CJEU: existence of earlier local right sufficient to fend off trade mark claims

The IPKat

Trade marks are very strong rights, on the basis of which a proprietor can bring forward a wide variety of claims. Yet, the rights conferred by a trade mark may be limited, for instance when the proprietor faces an earlier right applying in a particular locality. With respect to such earlier rights, article 14(3) of the Trade Mark Directive (2015/2436) provides that a trade mark proprietor may prohibit the use thereof, if that right is recognized by the laws of the Member State.

Law 95
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The potential of microgravity: How companies across sectors can venture into space

McKinsey Operations

Should you move your R&D and manufacturing into the ether? A new McKinsey analysis explores the opportunities.

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The Law Bytes Podcast, Episode 130: In Their Own Words – What the Canadian Heritage Committee Heard About Bill C-11 Harms

Michael Geist

The debate over Bill C-11 – the Online Streaming Act – seems likely to come to an end this week, at least in the House of Commons. Last week, the government introduced a motion to put an end to committee debate and set tight timelines for any further review or discussion. Before it becomes forgotten, this week’s Law Bytes podcast is devoted to the House committee hearings on the bill with clips from a wide range of digital creators, interest groups, and independent experts on the potential Bill

Law 88
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Morden Day Relevancy Of Stamp Papers As Per Indian Stamp Act, 1899

IP and Legal Filings

In India Stamp papers and levy of stamp duty are governed as per the Indian StampAct, 1899. Whereas, the Stamp Duty can be termed as the statutory levy for the execution of instruments and the exchange of documents or transaction papers, paid on certain instruments on a fixed or ad valorem basis. Herein, the term Ad valorem means “according to value” and if the stamp duty is levied on an ad valorem basis, the amount fluctuates depending on the value of the items, services, or property.

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Infographic | World Softball day

Olartemoure Blog

La entrada Infographic | World Softball day se publicó primero en OlarteMoure | Intellectual Property.

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Sens. Ask USPTO, Copyright Office To Study NFTs' IP Impact

IP Law 360

The top two members of the Senate's intellectual property subcommittee are calling for the U.S. Patent and Trademark Office and U.S. Copyright Office to team up and study nonfungible tokens and their impact on intellectual property rights.

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Announcements on Withdrawal of SEP Policy Statements Lack Clarity and Leave Patent Owners Guessing

IP Watchdog

As was recently reported by IPWatchdog (here and here), the U.S. Patent and Trademark Office (USPTO), the National Institute of Standard and Technology (NIST), and the U.S. Department of Justice, Antitrust Division (DOJ) issued a statement on June 8 withdrawing the December 19, 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (2019 Policy Statement).

Patent 63
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Justices Asked To Review Alice Ax Of Virtual Gaming Patents

IP Law 360

Virtual reality company Worlds Inc. has urged the U.S. Supreme Court to review a Federal Circuit decision upholding the invalidation of its four gaming patents under Alice, amplifying calls for the high court to clarify the two-part patent eligibility test.

Patent 75
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ITC Monthly Wrap-Up: May 2022 – Two Investigations Highlight Different Avenues for Early Disposition

Fish & Richardson Trademark & Copyright Thoughts

This month, there were six new complaints filed at the ITC, including complaints filed by: Hand Held Products, Inc. and Honeywell International Inc. ( Certain Barcode Scanners, Scan Engines, Mobile Computers with Barcode Scanning Functionalities, Products Containing the Same, and Components Thereof , Inv. No. 337-TA-1317; Barcode Scanners, Scan Engines, Mobile Computers with Barcode Scanning Functionalities , Inv.

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Still No Fees For HID In Global Entry, Green Card IP Suit

IP Law 360

The U.S. Court of Federal Claims has shot down additional attempts by HID Global Corp. for attorney fees from a German technology company for lodging an infringement suit over global entry and green cards HID provides to the government.

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NFT Company Seeks to Avail Itself of Trade Secret Protections

Trading Secrets

A non-fungible token (“NFT”) is a type of financial asset that is made up of digital data stored in a blockchain. Clear as mud, right? The person or entity that owns the NFT records the ownership in the blockchain, which allows NFTs to be sold and traded. NFTs typically are made up of digital files such as photos, videos, and music. This can even expand to internet viral memes, like Disaster Girl , which became an NFT valued at $401,718.00.

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Copyright Act Spells The End For Maryland E-Book Law

IP Law 360

A Maryland federal judge on Monday declared a state law requiring that electronic books licensed by publishers to the public must also be licensed to public libraries on "reasonable terms" is "unconstitutional and unenforceable" because it conflicts with the Copyright Act, but stopped short of granting a permanent injunction.

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Five Fifty: The future of the space economy

McKinsey Operations

Space tourism is just the start. Future forays could expand from a "space for Earth" economy to a "space for space" economy.

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'Juneteenth' Ice Cream Stirs Up Familiar Trademark Debate

IP Law 360

Criticism over Walmart's promotion of a Juneteenth-themed ice cream forced the retailer to pull the product from shelves, and while some attorneys have raised concerns over companies trying to lay claim to trademarks linked to the new federal holiday, most say there are effective ways to filter out opportunistic applicants.

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The keys to ensuring sustained IP success

IAM Magazine

The first day of IPBC Global 2022 in Chicago was all about building strategies for long-term value creation and the importance of nurturing top talent, wherever it is to be found.

IP 52
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Press release: Constitutional challenge to remove damages caps from the Canadian Human Rights Act

Nelligan Law

Reading Time: 2 minutes. Nelligan Law is representing Parkdale Community Legal Services (“PCLS”) in a constitutional challenge to remove damages caps from the Canadian Human Rights Act. For Immediate release: June 13 th , 2022. A copy of the Notice of Application can be found here. Currently, the Canadian Human Rights Act (the “ CHRA ”) sets out the process for bringing a human rights complaint against a federally regulated entity.

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The keys to ensuring sustained IP success

IAM Magazine

The first day of IPBC Global 2022 in Chicago was all about building strategies for long-term value creation and the importance of nurturing top talent, wherever it is to be found.

IP 52
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Fourth edition of Herbert Smith Freehills UK Code Companion

Herbert Smith Freehills

We have this week published the fourth edition of the "Herbert Smith Freehills Code Companion", which is an index designed to assist UK M&A practitioners when considering Takeover Code issues. The Code Companion enables readers to search for particular topics in the Code and then points the reader to the most important Code rules and public sources of guidance and information from the Takeover Panel on those topics.

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Trademark and Product Placement

LexBlog IP

Product placement, by which I mean the placement of branded products in films and TV shows, is a prevalent feature in media. As a viewer, I appreciate when product placement is used (in admittedly rare instances) to drive the plot. As a trademark attorney (since I can’t seem to turn it off), I appreciate the legal complications of product placement.

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C-SPANking

Likelihood of Confusion

CSPAN gets a privileged perch in the pusillanimous proceedings of our parliament, pointing its probing photographic proboscides and pimping for pay. And it piggishly refuses to share, even though it’s. The post C-SPANking appeared first on LIKELIHOOD OF CONFUSION™.

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A High Mountain to Climb: Filing DTSA Claims Without any Evidence is Not Enough to Meet “Bad Faith” Standard for Awarding Attorneys’ Fees to Opponent

LexBlog IP

Litigators know it is generally not easy to recover attorneys’ fees in defense of a trade secret misappropriation action. The Federal Defend Trade Secrets Act (“DTSA”) permits a court to “award reasonable attorneys’ fees” to the defendant when a claim of misappropriation is “made in bad faith,” which “may be established by circumstantial evidence.” [1] But what exactly does bad faith mean and what is the threshold?

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The Supplemental Register

JD Supra Law

You have probably heard of trademarks and trademark registrations, but never the Supplemental trademark register. If you have heard of the Supplemental Register, then you have likely received an Office Action from the USPTO alleging your trademark is descriptive, ornamental, functional, or another similar type of refusal.

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Cozen O'Connor Adds IP Litigator From Duane Morris

IP Law 360

Cozen O'Connor has picked up a corporate partner from rival Duane Morris with over 20 years of experience in copyright, trademark and patent disputes to augment the firm's intellectual property practice.

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Trademark troll loses registration after appropriating well-known mark

JD Supra Law

The Federal Court of Canada, in a May 2022 decision,1 has ordered a B.C. man’s trademark registration to be expunged for “bad faith” after finding it was filed solely for the purpose of resale. This is the first decision in Canada applying the new bad faith ground for trademark expungement, added to the Trademarks Act in 2019.

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Satisfying the Duty of Disclosure in AIA Trials

LexBlog IP

In ClearOne, Inc. v. Shure Acquisition Holdings, Inc. , Appeal 2021-1517, Slip Op. at 2 (Fed. Cir. June 1, 2022), the Federal Circuit affirmed a Patent Trial and Appeal Board order that refused to authorize a sanctions motion the petitioner requested after the Board issued its final written decision granting (in relevant part) the patent owner’s motion to substitute claims.

Art 52