Wed.Jul 13, 2022

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3 Things I Learned in Law School That I Apply to Trademarks Everyday

Erik K Pelton

In this episode, Erik shares several critical lessons learned in law school that apply to work with trademarks. Find out more by exploring this episode. The post 3 Things I Learned in Law School That I Apply to Trademarks Everyday appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik shares several critical lessons learned in law school that apply to work with trademarks.

Trademark 147
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Bill C-11 Now a Trade Issue: U.S. Warns Canada About Online Streaming Act Concerns

Michael Geist

Bill C-11, the government’s online streaming legislation, has caught the attention of the U.S. government, which raised it as a concern during a recent meeting between U.S. Trade Representative Katherine Tai and Canadian Minister of International Trade Mary Ng. The issue is cited in the U.S. readout of the meeting, though the Canadian readout of the same meeting notably excludes any reference to the issue.

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The Great Attrition is making hiring harder. Are you searching the right talent pools?

McKinsey Operations

People keep quitting at record levels, yet companies are still trying to attract and retain them the same old ways. New research identifies five types of workers that employers can reach to fill jobs.

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Movie Piracy Site Operator Faces Five Years in Prison After Arrest in Japan

TorrentFreak

In the 2000s, Japan was a relatively safe place for people with a penchant for downloading content without paying for it. Even those running torrent sites were relatively worry-free when compared to their United States counterparts. Inevitably, it wouldn’t stay that way. While uploading copyrighted content was already illegal, in 2012 Japan criminalized unlicensed movie and TV show downloading, punishable by fines and up to two years in prison.

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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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Best of both worlds: Balancing digital and physical channels in retail banking

McKinsey Operations

Banking distribution needs to account for the evolving interdependencies between channels. Accelerating digital and upgrading the physical experience to “phygital” offers a viable solution.

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Your Child is Being Watched: EdTech and Children’s Privacy Part 2

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. As discussed in part one , Human Rights Watch (HRW) released a report in late May outlining the privacy risks school children face across the globe. After a short summary, the report immediately explores ways we can address the risks, through a comprehensive list of recommendations to governments, ministries and departments of education, education technology companies, advertising tec

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US Patent Takeaways From Russia Sanctions Exemption

IP Law 360

The Office of Foreign Assets Control recently issued an exemption for intellectual property under the U.S. government's unprecedented barrage of sanctions on Russia, a move that lends clarity and longevity to U.S. companies remaining in this market for any duration, says Mark Mathison at Kilpatrick.

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NFTs: Usage Rights and Legal Fights

JD Supra Law

NFTs—or Non-Fungible Tokens—continue to raise new legal questions, particularly involving intellectual property rights and the enforcement of those rights against bad actors.

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A Textbook Life, By An Author

Velocity of Content

When Dr. Laura Berk began writing her first textbook on child development, her work followed her home from the classroom at Illinois State University. There was research and writing to do, of course, and there were her own children to care for and learn from. At the time, the early-career professor had two young sons, then ages 8 and 11. I n May, SAGE Publishing’s US college division announced a new author/publisher partnership with Dr.

Editing 98
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Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

JD Supra Law

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the Northern District of California said, in this one particular instance, no, granting Twitter’s motion to quash a subpoena seeking to reveal information behind an anonymous poster.

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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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Partnership Delivers Best-in-Class Support for Innovation

IP.com

Patenting an invention is a complex and daunting endeavor for inventors and entrepreneurs. The cost, time, and research involved in taking an idea from concept to patent often prevent innovators. The post Partnership Delivers Best-in-Class Support for Innovation appeared first on IP.com - IP Innovation and Analytics.

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Section 230 Doesn’t Create a Cause of Action–Goodman v. Sharp

Technology & Marketing Law Blog

The underlying dispute involved a copyright and trademark enforcement action against Goodman over a parody/satire video. The court summarizes Goodman’s arguments in this collateral lawsuit: Plaintiff alleges that Defendants abused process and engaged in attorney misconduct when the Academies sued MSD for copyright infringement in the NATAS Action, and that Esquenet [great name for a lawyer, BTW] failed in her “legal and ethical obligation” to tell her clients, the Academies, about “substan

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Forward Thinking on people, places, and the revenge of places that don’t matter with Andrés Rodríguez-Pose

McKinsey Operations

A leading economic geographer talks regional growth and inequality, discontent and populism, innovation, migration, and development policies and strategies.

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Fish Ranked #1 “Best Law Firm for Intellectual Property” in Vault’s 2023 Nationwide Survey

Fish & Richardson Trademark & Copyright Thoughts

Vault recently announced that Fish & Richardson has ranked #1 in its 2023 “Best Law Firms for Intellectual Property” survey. The organization provides in-depth intelligence on top law firms in the industry, drawing upon direct surveys and commentary from current employees. Vault notes, “Associates here are busy, but they are treated to a great culture, top-notch IP work, and lots of flexibility.

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Kerala HC directs DPIIT to consider representation for issue of Compulsory License for Breast Cancer Drug

SpicyIP

Image from here. The Kerala High Court vide Order dated 14 June 2022 directed the Department for Promotion of Industry and Internal Trade (DPIIT) to consider the representation for issue of compulsory license for the drug Ribociclib. Background. The writ petitioner is a breast cancer patient. She filed a writ petition in the High Court of Kerala arguing that the treatment costs Rs. 63,480/- per month out of which Ribociclib alone costs Rs. 58,140/- per month.

Licensing 110
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Infographic | International Rock n’ Roll Day

Olartemoure Blog

La entrada Infographic | International Rock n’ Roll Day se publicó primero en OlarteMoure | Intellectual Property.

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Iancu to Receive 2022 Paul Michel Award at IPWatchdog LIVE in Texas

IP Watchdog

In consultation with Chief Judge Paul Michel, IPWatchdog is pleased to announce that Andrei Iancu, former Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and current partner at Irell & Manella, has been selected as the 2022 recipient of The Paul Michel Award. He will be presented with the award on Sunday evening, September 11, 2022, at IPWatchdog LIVE 2022.

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Scaling textile recycling in Europe—turning waste into value

McKinsey Operations

Fiber-to-fiber recycling at scale could be achieved by 2030, creating a new and sustainable circular industry in Europe.

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ITC Affirms Favorable Outcome for Fish & Richardson Client Quectel

Fish & Richardson Trademark & Copyright Thoughts

On July 1, 2022, the International Trade Commission affirmed the administrative law judge’s April 1, 2022, initial determination that Fish client Quectel Wireless Solutions had not committed a violation, finding all asserted patents not infringed, as well as finding many of the asserted patent claims invalid. The Commission summarized “On review, the Commission has determined to take no position on certain non-dispositive issues.

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Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition

SpicyIP

Don’t miss the deadline! Picture from here. With several requests for extensions coming in, we’ve decided to extend the deadline for the 3rd Shamnad Basheer Essay Competition (2022). The new deadline is 24th July, 2022 (11:59pm IST). As a reminder, this year’s edition is open to recent graduates as well as current law students. And thanks to an anonymous donor, the prize money has been increased as well.

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Intellectual Property (IP) Issues in Augmented Reality (AR)

Kashishipr

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners. Therefore, it won’t be wrong to admit that many legal issues need to be addressed in these fields, and many more are yet to be explored as the

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Fashion Copyright and Infringement

IP and Legal Filings

The recent controversy involving French fashion house Jean Paul Gaultier and TaTa Top, known for their rather distinct bikini prints, has brought the issue of fashion copyright to the forefront again. An area still evolving in international as well as national contexts, fashion copyright is gradually gaining more and more importance as the fashion industry comes up with new ideas and concepts.

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Photo Orgs Back Photographers In Instagram Embedding Row

IP Law 360

A group of photography and licensing groups say the Ninth Circuit should revive two photographers' suit challenging how easily Instagram lets websites embed photos, criticizing a test the lower court looked to in tossing the proposed class action.

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Federal Circuit Denies Thales’ Request to Bar Philips from Heading to the ITC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit today held in a precedential decision that Thales DIS AIS Deutschland GMBH cannot stop Philips from seeking an exclusion order at the International Trade Commission (ITC) to enjoin Thales from importing its products relating to wireless network technology into the United States.

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It’s time to become a digital investing organization

McKinsey Operations

In the investment sector, AI and other digital technologies are ushering in the next horizon of performance differentiation. Here’s how to level up.

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9th Circ. Nixes Art Editor's Win In Picasso Copyright Case

IP Law 360

The Ninth Circuit has thrown out a California federal court's refusal to enforce a French court's €2 million judgment in a suit over copyrighted photographs of Pablo Picasso's artwork, finding that multiple factors weighed against the fair use defense.

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Toilet Paper Disputes: The Arguments go Beyond the Way of the Roll

JD Supra Law

To start, Patent No. 465,588 ends the argument of which way the toilet paper roll should be. However, the toilet paper disputes are far from over. In fact, Westlaw has published eighty-two federal intellectual property cases discussing toilet paper from 1889 to date.

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Is it bad faith to “pay homage” to a fashion brand of the past? Not necessarily, says the EU General Court

The IPKat

There are brands that, after a successful run, fall into oblivion. Then, several years later, they are revived and experience renewed success. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. What happens, then, if a few years later someone attempts to register a trade mark that intends to pay homage to and corresponds to one of these dormant brands?

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IP on vacation in Vancouver

43(B)log

As is my hobby, I took some pictures of IP-relevant things. I still haven't personally encountered cannabis products imitating national brands, though. Mining museum emphasizing US patents acquired, which is an interesting datapoint about the influence of US patents extraterritorially. Is this Karuna can too close to Coca-Cola? Love this "no name" branding (registered trademark)!

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STARPOINT Cancellation Petitioner Fails to Prove Statutory Standing

The TTABlog

It's not often that a plaintiff in a TTAB proceeding fails to clear the statutory standing hurdle, but that's what happened here. Petitioner Gayla Phillips sought cancellation of a registration for the mark STARPOINT for entertainment services, claiming non-ownership and fraud. However, she addressed only the non-ownership claim in her brief, and so the fraud claim was waived.

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12 Patents Surrounding Automobile Transactions Found Ineligible Under Section 101

JD Supra Law

Sidekick Technology owns 12 patents broadly claiming systems, methods and apparatuses for providing automobile market information and performing or facilitating automobile transactions. Looking at the 12 patents-in-suit, the U.S. District Court for the District of New Jersey determined that they broadly "describe flaws and inefficiencies in typical automobile transactions caused, chiefly, by a lack of….

Patent 55
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The top takeaways from IPBC Global 2022

IAM Magazine

After a month of reflection following the successful event in Chicago, which was attended by 600 delegates, IAM reporters pick out the biggest stories that emerged from the three days

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On Analysis of Hindsight Bias in Inventiveness Determination

JD Supra Law

The Guidelines for Patent Examination provides in Section 6.2 of Chapter 4, Part II: “When evaluating the inventive step of an invention, the examiner is apt to underestimate the inventive step of the invention since he has already known the contents of the invention, and hence a mistake of hindsight bias is likely to be made. Therefore, the examiner shall always bear in mind that, in order to reduce and avoid the influence of subjectivity, the evaluation shall be presumed to be made by a person

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IPR in Fashion

Biswajit Sarkar Copyright Blog

One of the most notable sociological phenomena of modern civilizations over the past few decades has been the always changing creative expression of the fashion industry. The ability of a company to create and capitalise on a distinctive brand to get the competitive edge necessary for success is at the core of the fashion industry, which goes beyond only clothing and accessories.

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Unforced Error: An IPR Challenger Cannot Rely on an Error That a Posita Would Have Corrected

JD Supra Law

LG ELECTRONICS INC. v. IMMERVISION INC. Before Stoll, Cunningham, and Newman, Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Where a reference contains an “obvious” error in a disclosure, even if not immediately apparent on the face of the disclosure, the erroneous information may not support a finding of obviousness.