Wed.Aug 04, 2021

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3 Count: Instagram the Olympics

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Jamaica Olympian Elaine Thompson-Herah Booted From Instagram Over Copyright Violations. First off today, Ryan Gaydos at Fox News reports that Jamaican sprinter Elaine Thompson-Herah has been suspended from Instagram after she posted videos of her races to the service.

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Legal Pressure Mounts on Stream-Ripping Site Yout.com

TorrentFreak

The music industry is convinced. Downloading music from public streaming services, YouTube in particular, is the greatest piracy threat to the industry. The RIAA and several key music labels are doing everything in their power to counter this menace. They’ve sued several YouTube download sites, removed streamripper URLs from search engines, and most recently they targeted the open-source tool youtube-dl as well.

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Guest Post: DABUS Gains Traction: South Africa Becomes First Country to Recognize AI-Invented Patent

Patently-O

Guest Post by Meshandren Naidoo and Dr. Christian E. Mammen. A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Over the past three years, the AI algorithm DABUS (short for Device for the Autonomous Bootstrapping of Unified Sentience) and its team of supporting humans, including Dr.

Invention 128
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Lawyer Who ‘Shut Down’ 4Anime Has Giant Pirate Sites in His Crosshairs

TorrentFreak

With millions of visitors every month, 4anime was a force to be reckoned with in the pirated anime streaming market. As a result it attracted the negative attentions of rightsholders, some of whom moved to have the platform blocked by Australian ISPs. However, last month the show was abruptly over after 4anime took the decision to close itself down.

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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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31 Blockchain Business Ideas to Capitalize on in 2021

Legal Zoom

Blockchain technology is revolutionizing business operations, but which blockchain business ideas are practical in the real world? This guide explores realistic implementations for blockchain and explores its effect on small business owners.

Business 122
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Decline and fall of the dumb copyright trick

Likelihood of Confusion

One of the dumbest things people — overlawyered, and, sadly, mainly professionally-licensed people — have tried to do to avoid negative online reviews is to find ways of claiming some. The post Decline and fall of the dumb copyright trick appeared first on LIKELIHOOD OF CONFUSION™.

Copyright 119

More Trending

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Copilot or Co-Conspirator? Is GitHub’s New Feature a Copyright Infringer?

IPilogue

Photo by Christopher Gower ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Is GitHub Copilot a Copyright Infringer? At the end of June, GitHub CEO Nat Friedman announced the launch of a technical preview of GitHub Copilot. Much like the predictive text and search features we see in messaging, email applications and search engines, Copilot makes instant suggestions to users as they type.

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Amici Ask SCOTUS to Correct Third Circuit’s ‘Overly Simplistic’ Formulation of Trademark Functionality in Ezaki Glico

IP Watchdog

On July 29, several IP organizations and one global snack conglomerate filed amicus briefs at the U.S. Supreme Court asking the nation’s highest court to grant a petition for writ of certiorari to take up Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. At issue in the appeal is a ruling from the U.S. Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law.

Trademark 116
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61 Inspirational Quotes to Motivate and Encourage Entrepreneurs

Legal Zoom

Industry and thought leaders frequently share their thoughts on success and entrepreneurial spirit — check out these 61 quotes for entrepreneurs to spark your own innovation.

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Vifor (Int’l) AG v. Mylan Labs. Ltd.

JD Supra Law

Case Name: Vifor (Int’l) AG v. Mylan Labs. Ltd., No. 19-13955 (FLW), 2021 WL 1608908 (D.N.J. Apr. 26, 2021) (Wolfson, J.) - Drug Product and Patent(s)-in-Suit: Injectafer® (ferric carboxymaltose injection); U.S. Patent No. 10,519,252 (“the ’252 patent”).

Patent 102
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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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#FrozenMechanicals Crisis: Comments of @helienne Lindvall, @DavidCLowery and @TheBlakeMorgan to the Copyright Royalty Board

The Trichordist

Generations of songwriters are held guilty of some long-forgotten and Kafka-esque original sin requiring a degree of government regulation as though songs were hazardous materials. Regulation that protects monopolists like Google and iHeartMedia from the supposed anticompetitive urges of songwriters who we are asked to believe seek out the closed door of the writer room for one reason--collusion.

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Intellectual Property 101: What is a Patent?

JD Supra Law

The U.S. Patent and Trademark Office ("PTO") provides extensive online resources on its website. While much of the content may be directed to patent and trademark practitioners to perform filings and access regulations, some of the more general information is geared to the general public for educational and practical use. Recently, the PTO updated a general information page that includes excellent discussions of the various aspects of Intellectual Property law.

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Copyright Hygiene for Digital Content Creators

Velocity of Content

Copyright Registration for Podcasters. In my first post , after touching on the need (or perhaps just the prudence) of copyright registration for bloggers (and other creators whose distribution is primarily through social media sites), I went on to discuss the DMCA and how it is a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

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Overlooked Patent Cases: Indirect Infringement Developments

JD Supra Law

Allegations of indirect patent infringement require, among other things, pleading that the defendant had knowledge of the asserted patent. It is not well-settled law, however, whether notice of a complaint itself satisfies this knowledge requirement.

Patent 102
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COCO vs. INCOCO: A case of Likelihood of Confusion

IP and Legal Filings

In the recent ruling of the European Court in the trademark dispute of COCO vs. INCOCO, the Court gives the decision in favor of Chanel, the owner of trademark COCO. Facts and Board of Appeals’ decision. Innovative Cosmetic Concept filed for international registration of the word INCOCO and designated European Union for the registration in January 2014.

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Anatomy Of A Beer Label: Part II

JD Supra Law

Aside from the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I post on COLAs, brewers should consider protecting the trademarks featured on their beer labels.

Trademark 102
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Barley Snyder Adds Atty To Biz Practice In Pa.

IP Law 360

Barley Snyder LLP has welcomed back an attorney specializing in mergers and acquisitions to its Lancaster, Pennsylvania, office, where she formerly was a summer associate, the firm announced Tuesday.

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Last Week in the Federal Circuit (July 26-30): Sua sponte claim construction

JD Supra Law

The Federal Circuit has its August sitting this week—its last before September’s scheduled return to in-person arguments. Before taking the virtual bench for the final time, the Court issued six opinions last week. 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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IPSC: Copyright & Trademark

43(B)log

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are supposed to work. Automated mechanisms are supposed to be used for identification but not legal assessment.

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PTAB Snapshot – A Quarterly Report on Trends and New Precedent at the PTAB – Q3 The Arthrex Decision, Its Impact on Prior IPR Decisions and Future IPR Procedure, and Potential Further Challenges to IPRs in View of Arthrex

JD Supra Law

In this second edition of Orrick’s quarterly series on the PTAB, we summarize the Arthrex decision, walk through the PTO’s post-Arthrex interim procedure for reviewing PTAB decisions, and discuss potential post-Arthrex challenges to the acting Director and the interim procedure. For many months, commentators wondered whether Arthrex could reverse hundreds of PTAB decisions that invalidated patents and fundamentally change Inter Partes Review proceedings.

Editing 98
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The First Post-IPR Director Reviews are Denied

Patently-O

One of the topics to be discussed at tomorrow’s PPAC meeting is USPTO operations following the Supreme Court’s 2021 Arthrex decision. In Arthrex , the Supreme Court created an additional layer of review by the PTO Director in Inter Partes Review (IPR) proceedings following a PTAB final written decision. PTO Acting Director Drew Hirshfeld has considered the first two request for Director Review, and denied both requests. ( IPR2020-00081 and IPR2020-00320 ).

Patent 92
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Protect Your Goodwill: Allowing Third Parties to Use Your Trademarks

JD Supra Law

Insurers naturally allow their agents and other third parties to use their trademarks and service marks. But unless you set clear guidelines for third-party use of your brands, this can be risky. To help protect your significant investment in your intellectual property, consider the following principles before allowing third parties to use your trademarks.

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Judge Albright will Keep the Google and Apple cases

Patently-O

In re Apple , 21-147 (Fed. Cir. August 4, 2021); In re Google , 21-144 (Fed. Cir. Aug 4, 2021). Two mandamus cases regarding whether venue is proper in Judge Albright’s court in W.D. Texas. Even though Apple has a $1 billion Austin Texas Campus and 8,000+ employees within the district, the company argued that litigating a patent case within the district would be truly inconvenient.

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Federal Circuit Reminds the PTAB that the APA Process Still Matters

JD Supra Law

The Federal Circuit recently found that the Patent Trial and Appeal Board (“Board”) violates a patent owner’s procedural rights under the Administrative Procedure Act (“APA”) when construing a disputed claim term by omitting an uncontested requirement in its construction. In Qualcomm Inc., v. Intel Corp., the patent owner and petitioner disputed the claim term, “a plurality of carrier aggregated transmit signals,” but both parties agreed that the term should be construed to require signals that.

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PTAB Won't Review Patent Involved In Fake Eyelash IP Fight

IP Law 360

The Patent Trial and Appeal Board has declined to review an artificial eyelash extension patent owned by Lashify Inc., saying challenger Kiss Nail Products' misinterpretation of one of the prior art references doomed its petition for post grant review.

Patent 76
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CAFC Affirms Improper Venue Ruling in Victoria’s Secrets’ Favor

IP Watchdog

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, Victoria’s Secret Stores Brand Management Inc, and Victoria’s Secret Direct Brand Management’s (the Defendants) motion to dismiss Andra Group, LP’s (Andra’s) patent infringement suit for improper venue.

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Timing of Interlocutory Appeal in Patent Cases

Patently-O

by Dennis Crouch. Mondis Tech. LTD v. LG Electronics ( Fed. Cir. 2021 ). This is an appellate procedure case focused on the timing of the notice of appeal. The statute creates a hard 30-day deadline for filing a Notice of Appeal (NOA). 28 U.S.C. § 2107(a). One difficulty though is that the statutory scheme muddies the water in terms of when to start counting.

Patent 69
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Does the sign “eat clan people” carry an association with cannibalism and thus produce an “adverse effect”?

The IPKat

On 29 November 2017, an individual named Seng Lei (‘Seng’) filed an application (No. 27792495) in class 30 for food products to the Trade Mark Office of China (TMO). The sign consists of three Chinese characters (shown below), i.e. Hanzi : ‘? (eat) ? (clan) ? (people)’. Kat’s preliminary side note: Considering the three Hanzi ‘?? ? ’ are written closely side by side without any interval symbol in between, the overall sign’s interpretations predictably varied (as shown in the table below).

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Trademark Modernization Act of 2020: Part 4

JD Supra Law

The fourth blog post in our continuing series on The Trademark Modernization Act of 2020 (TMA) comes on the heels of the July 19, 2021, deadline for the public to submit comments on the proposed rules. As discussed by our TCAM blog here, here, and here, the majority of the TMA is to take effect on December 27, 2021, with the flexible response period provisions following in 2022.

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The biggest owners of patents, SEPs and standard contributions for smart energy technology

IAM Magazine

A wave of oncoming smart energy technology could be about to make the worlds electricity infrastructure more efficient, however it relies on standardised technology such as 4G, 5G or Wi-Fi, which are subject to thousands of SEPs. This has wide-reaching implications for the energy industry, which implements these standards as well as for the standards developers and owners of relevant patents and S.

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Intellectual Property for Fashion and Beauty Consumer Products

JD Supra Law

The Competition Problem - Consumer product companies in the 21st century must be nimble and capable of fast execution. Competition has never been so fierce because of the proliferation of the global economy, including typical market competitors, former manufacturers, and future competitors who currently work within the company.

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Trademark Office backs Xiaomi in opposition against copycat MI logo

IAM Magazine

Chinese smartphone giant Xiaomi, the owner of the iconic MI device mark, has prevailed in its opposition against the registration of the mark CNMI (plus Chinese characters) in Class 7. The case was recently selected as one of the Chinese Trademark Office’s “Exemplary Trademark Opposition and Adjudication Cases of 2020”.

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Too infringing to bear: NY court sides with photographer in suit over embedded image

JD Supra Law

Social media platforms make it easy to embed photos or videos that appear on their sites. For example, Instagram and Facebook’s embedding tools connect a website visitor’s browser to the platform’s computers, retrieves the identified work, and shows it – all without copying the original work. But is embedding legal? According to Judge Jed Rakoff of the Southern District of New York, no: It’s likely a presumptive copyright infringement.

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E-Cigarette Respondent’s Reverse Domain Name Hijacking Argument Goes Up in Smoke

LexBlog IP

Reverse domain name hijacking (“RDNH”) in domain name dispute cases is a finding that the complainant has abused the UDRP process by bringing its complaint in bad faith. A common reason panels make such a finding is that the complainant should have known its complaint was fatally weak. But recently, a UDRP panel denied a request for reverse domain name hijacking, even though the complainant failed to establish two of the required three elements needed to prove its case.

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Supreme Court says copyright tariffs not mandatory on works managed by collective society

JD Supra Law

The Supreme Court of Canada, in a rare copyright decision, unanimously held that copyright collectives cannot charge fees to those who decline their contracts. The ruling can be expected to affect how a number of copyrights are administered in Canada. The dispute arose from a lawsuit by Access Canada (Access) against York University (York) (2021 SCC 32).