Wed.Oct 20, 2021

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3 Count: Photo Battles

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. First off today, Kendall Heebink at Law Street reports that a pair of pizza companies have been sued by Prepared Food Photos, Inc. (PFPI), a company that does custom photography for food industry retailers and wholesalers.

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Trademark Registration: The Whole is Greater Than the Sum of Its Parts

Erik K Pelton

There are numerous benefits to trademark registration. Each is critically important, but when all of them are put together, it creates a trademark fortress. In this episode Erik explains why, when it comes to trademark registration and protection, the whole is greater than the sum of its parts. The post Trademark Registration: The Whole is Greater Than the Sum of Its Parts appeared first on Erik M Pelton & Associates, PLLC.

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YouTube Rippers Oppose RIAA’s Worldwide ‘Blocking’ Injunction & Massive Damages

TorrentFreak

Earier this month the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com and their Russian operator Tofig Kurbanov. A Virginia federal court issued a default judgment in favor of several prominent music companies after the defendant walked away from the lawsuit. According to Judge Buchanan there is a clear need to deter the behavior of Kurbanov, who also failed to hand over evidence including server logs.

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COVID IP Waiver Attempts are Becoming Harder to Justify

IP Watchdog

Last week, at a meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO) members had an opportunity to engage in small group and bilateral meetings to discuss the proposals by South Africa and India to waive patent and trade secret protections relative to COVID-19 innovations, as well as the proposal from the European Union regarding the use of current TRIPS compulsory licensing provisions during a pandemic.

IP 121
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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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Evergreening of Patents

Kashishipr

Evergreening is any of the various legal, business, and technological ways using which manufacturers extend the lifetime of their patents that are about to expire to retain royalties from them by either taking out new patents (for example, over related delivery systems or new pharmaceutical mixtures) or buying out or frustrating competitors for a longer duration of time than what would normally be permissible under the law.

Patent 105
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Creator Frustration Over TikTok Reflects System Weaknesses—Both Racial and Copyright

IP Watchdog

Millions of content creators hoping to establish a cash machine on platforms like TikTok, YouTube and Instagram are learning that it takes more than lively moves and thousands of followers to be taken seriously. They are also discovering that not all creators are created equal, even when they are the source. Content on TikTok and other social media platforms is theoretically copyrightable.

More Trending

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Future-facing Topics in Copyright: USCO and USPTO to Stream Discussion of “Copyright Law and Machine Learning”

Velocity of Content

“Machine Learning” (ML) is a concept from computer science that refers to cases of algorithmic processes being applied to data in an iterative fashion (i.e., over and over again) and testing their results, such that their predictive outputs improve without a human having to instruct them directly. That is quite a mouthful and may not sound very exciting.

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The Sham Litigation Exception after AbbVie - Is the Subjective Element a Sham?

JD Supra Law

The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in 2011 against Teva and another generic supplier, Perrigo. AndroGel is a blockbuster testosterone replacement therapy. The FTC also claimed that the December 2011 Teva settlement constituted an illegal reverse payment settlement under FTC v.

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New Missouri Law Allows Unpaid Leave for Victims of Domestic Violence

Stock Legal Blog

Some Missouri employers are now required to allow unpaid leave for employees who have experienced domestic or sexual violence. The new law, called the Victims Economic Safety and Security Act (VESSA), went into effect on August 28, 2021, and applies to all companies with over 20 employees. The law also covers leave for an employee’s family or household member who experienced domestic or sexual violence.

Law 98
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Innovation Intelligence: Simplifying IP Research

IP.com

Strategic innovation keeps your business competitive. Existing intellectual property in your industry can provide insight into spaces within the technology landscape where innovations may be most successful—or even disruptive. This. The post Innovation Intelligence: Simplifying IP Research appeared first on IP.com - IP Innovation and Analytics.

IP 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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Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit – Part 2

Patently-O

By Jonas Anderson , Paul Gugliuzza , and Jason Rantanen. This is the second post in a series about our new research project on mandamus practice in the federal courts of appeals generally and the Federal Circuit’s peculiar use of mandamus in patent cases specifically. Yesterday’s post described the high number of petitions for a writ of mandamus that the Federal Circuit has granted relative to other federal appellate courts over the last few years.

Patent 75
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Spike Lee Hit With Copyright Suit Over 'American Skin'

IP Law 360

Filmmakers Spike Lee and Nate Parker have been hit with a copyright lawsuit claiming that Parker's 2019 movie "American Skin" ripped off a script written by a screenwriting duo.

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Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook

Technology & Marketing Law Blog

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. He sued for Title II discrimination. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ The statutory definition of a ‘public accommodation’ cannot be interpreted to include a virtual meeting place.” Cites to Lewis v.

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Financial Planning Tips For Retiring Law Firm Partners

IP Law 360

As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

Law 75
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Around the IP Blogs

The IPKat

Patents The IP Helpdesk blog informed on compulsory licensing of patents in India. The author reviewed several cases where compulsory licenses were granted by Indian authorities, including those in the field of pharmaceuticals [see also an earlier post on this topic on The IPKat ]. Trade marks IPTango reported on recent developments with registration of collective trade marks in Peru.

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Del Monte Urges 11th Circ. To Fine Costa Rican Fruit Grower

IP Law 360

Del Monte told the Eleventh Circuit that a Florida federal judge wrongly let a Costa Rican fruit grower slide by not imposing sanctions after it violated a court order to stop growing and selling a certain pineapple variety.

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Key issues in enforcing software patents

IAM Magazine

Today, it is impossible to imagine life or business without a computer – whether it is an electronic wristwatch, a food mixer or a mobile phone.

Patent 97
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Snap Gets 2 Media Messaging Patents Wiped Out At PTAB

IP Law 360

Snap Inc. has convinced the Patent Trial and Appeal Board to strike down two patents for recording video messages for being too obvious in light of earlier inventions.

Patent 75
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India

IAM Magazine

Patent owners can best enforce their rights by approaching the courts when seeking permanent injunctions and damages against infringers.

Patent 98
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Practical Considerations for Prize Draws – New Guidance Issued by the ASA

IP Tech Blog

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. Failing which one risks being in breach of the rules, which can ultimately lead to criminal prosecution for failure to comply with consumer protection, gambling and advertising laws.

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Patent litigation – a global undertaking

IAM Magazine

A patentee that wishes to most effectively enforce its portfolio can often choose from forums across the United States and worldwide.

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Esports Media Rights - Fall 2021

JD Supra Law

[co-authors: Zyie Lin and Cole Smith, FTI Consulting, Inc.] It is no secret that the popularity of both professional and amateur esports and gaming has exploded over the last 18 months – despite (and, perhaps, in part because of) a global pandemic. Notwithstanding the exponential growth–including in both viewership and revenue – there remain several fundamental challenges for this nascent industry.

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France

IAM Magazine

The best way for patent owners to enforce their patent rights is to proceed before the firstinstance civil court in Paris, which has exclusive jurisdiction in France in patent litigation. Proceeding before the criminal courts is possible, but rarely recommended.

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Jump Ball! NCAA Authorizes Use of Iconic “March Madness” Brand for Women’s Basketball Championship

JD Supra Law

What comes to mind when you hear the phrase “March Madness?” Prior to September of this year, if your answer was NCAA basketball, you’d have been wrong. That’s right, prior to September of this year, only the NCAA Men’s Basketball Championship was authorized by the NCAA to utilize the iconic “March Madness” brand.

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Who’s ahead in the WiFi 6 patent race

IAM Magazine

WiFi 6 offers the potential to exceed earlier generations of WiFi, especially in terms of wider implementation beyond routers and phones or personal computers. However, it is essential for IP professionals to fully understand the landscape of WiFi 6 patents, especially when it comes to SEPs.

Patent 52
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The Paraskavedekatriaphobia Precedent: Why Friday The 13th Decision Raises Fear Of Slashing Long-Held Copyrights

JD Supra Law

Admittedly, the second word in that title is a mouthful—but Paraskavedekatriaphobia is a real word, with an etymology and definition. It even has a synonym, friggatriskaidekaphobia. Each means “fear of Friday the 13th.” Though I am tempted to write this October piece about Halloween (whether it is the day or the movies by that name, including one out again this season), I cut over instead to a different set of haunts and howls caught on film.

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Wilson Sonsini Nabs Quinn Emanuel Autonomous Vehicle Pro

IP Law 360

Wilson Sonsini Goodrich & Rosati PC has added a high-powered intellectual property litigator to its San Francisco office, snagging the chair of Quinn Emanuel Urquhart & Sullivan LLP's autonomous vehicle practice, according to a Wednesday announcement.

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The 5 Biggest Name, Image, and Likeness Takeaways for Universities and Athletic Conferences

JD Supra Law

Name, image, and likeness (NIL) legislation for college athletes has changed the landscape for college athletic departments and conferences alike, creating a host of new and unique compliance obligations. In the past year alone, new NIL laws took effect in Alabama, Florida, Georgia, Illinois, Mississippi, New Mexico, Oregon, Texas, and Louisiana, and we’ll see additional states joining them in 2022 – with this list only growing in the coming years.

Law 55
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DMCA Lawsuit is Issued a Takedown

BYU Copyright Blog

We previously reported on a lawsuit in which Brian Dodd (“Dodd”) alleged that St. Petersburg College Board of Trustees (the “College”) infringed upon his copyrighted works. Dodd’s Complaint did not give many details into these allegations.On March 11, 2021, the Court issued a Report and Recommendation in which the Court recommended a dismissal to Dodd’s claims without prejudice.

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District Court Rejects Intel’s Claims, but Leaves Door Open to Patent “Aggregation” Theories of Antitrust Liability

JD Supra Law

Last month, we wrote a post on the patent “aggregation” suit Intel had filed against various entities affiliated with the investment firm Fortress. The post was timely; the next day, Judge Chen granted Fortress’s motion to dismiss with prejudice and entered judgment for the defendants. The opinion dismissing the action was sealed until October 7.

Patent 52
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Practical Considerations for Prize Draws – New Guidance Issued by the ASA

LexBlog IP

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. Failing which one risks being in breach of the rules, which can ultimately lead to criminal prosecution for failure to comply with consumer protection, gambling and advertising laws.

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Marriott Loses Bid For More Time Ahead Of TravelPass Trial

IP Law 360

A Texas federal judge has rejected Marriott's emergency bid to pause a jury trial in an antitrust case brought by TravelPass, ruling that a continuance of the trial date would not simplify the case, as the hotelier argues, but would prejudice the travel booking platform.

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Recent Trends in Article of Manufacture of Design Claims: A Modern Digital Popularity Contest

LexBlog IP

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S. Patent & Trademark Office (USPTO). In the 20 years since the year 2000, nearly 471,000 design patents have been issued, representing an annual issue count of more than three times that o

Designs 52
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TTABlog lives it

Likelihood of Confusion

The Patent and Trademark Office has denied reconsideration of its denial of John Welch’s application for a registration for TTABLOG. John has appealed — to the Trademark Trial and Appeals. The post TTABlog lives it appeared first on LIKELIHOOD OF CONFUSION™.

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“Words Matter” Trend Continues, Applying to Design Patent’s Prosecution Prior Art

JD Supra Law

On October 4, in In re: SurgiSil, the Federal Circuit continued its trend of using the language of a design patent to limit the design. Unlike past cases, however, language in SurgiSil was used to limit the effectiveness of a reference cited against the design application. Further, the Federal Circuit considered both the language used in the cited reference and in the design application itself.

Designs 52