Mon.Feb 07, 2022

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The Coming Copyright/Trademark Storm for NFTs

Plagiarism Today

Last week, the NFT and crypto world saw its headlines dominated by the rapid rise and fall of the company HitPiece. Dubbed “ The Fyre Festival of NFT Startups “, the company had an ambitious plan to sell NFTs of every song ever made. To achieve this, they accessed Spotify’s public API and simply started minting NFTs on their own “HitChain”, which runs alongside Ethereum.

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China’s Rise in U.S. Design Patent System

Patently-O

by Dennis Crouch. WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. applicants easier access to the U.S. market. This week, China announced that it is also joining the system.

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Search Engines Will Deindex All Domains That Have 100+ Links to Pirated Content

TorrentFreak

Tackling sites that mass distribute links to infringing content is a time-consuming activity for rightsholders. Many feel there should be greater cooperation from the tech sector to lighten the load and in Russia, that certainly appears to be happening. Signed in 2018, a memorandum of cooperation signed by major rightsholders and internet companies including Yandex changed the way infringing content is handled.

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Canada’s New Patent Rules for Excess Claim Fees & What You Need To Know Now

IPilogue

Photo by Markus Winkler (Unsplash). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Since the summer of 2020, the Canadian federal government has been looking for ways to decrease the needless delays and unwanted wait times present in the patent process under the Patent Rules. This search to streamline the patent prosecution procedure is to help Canada meet its obligations under the Patent Cooperation Treaty and Canada-United States-Mexico Agreement (CUSMA)

Patent 105
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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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Member of Scene Piracy Group SPARKS Gets 22-Month Prison Sentence

TorrentFreak

For several decades, The Scene has been the main source of all pirated content made available on the Internet. Technically, release groups operate in a closed ecosystem, but the reality is different. The vast majority of the files published on private Scene servers eventually find their way to public pirate sites. The SPARKS Bust. The secretive nature of the Scene has been a major challenge for law enforcement but last summer the US Department of Justice had a major breakthrough.

Copyright 108
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Sen. Tillis Asks ACUS to Conduct Study on Creation of U.S. IP Office

JD Supra Law

Last month, Sen. Thom Tillis (R-NC), the Ranking Member of the Subcommittee on Intellectual Property of the Senate Committee of the Judiciary, wrote to the Administrative Conference of the United States (ACUS) to request that the agency "conduct a study on whether Congress should create a unified, stand-alone, and independent Intellectual Property Office.

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Albright Calls SCOTUS Test ‘Confusing Abyss of Patent Eligibility Law’, Denies Motion to Dismiss

IP Watchdog

Just over one week ago, U.S. District Judge Alan D. Albright of the Western District of Texas entered a ruling denying PNC Bank’s motion to dismiss patent infringement claims asserted by financial record retrieval tech developer Mirror Imaging. In affirming the validity of Mirror Imaging’s patents under Section 101 at the motion to dismiss stage, Judge Albright acknowledged that tests handed down by the Supreme Court for subject matter eligibility have created a “confusing abyss of patent eligib

Law 98
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[Sponsored] Short Course on ‘Pharmaceuticals and IP’ by British Institute of International and Comparative Law [March 4 – May 13]

SpicyIP

We’re pleased to inform you that The British Institute of International and Comparative Law (BIICL) is offering a short course on ‘Pharmaceuticals and Intellectual Property’ from 4th March 4 to 13th May, 2022. For further details, please see their announcement below. Short course: Pharmaceuticals and Intellectual Property. 10 Sessions: 4 March – 13 May 2022.

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AstraZeneca AB v. Zydus Pharms. (USA) Inc.

JD Supra Law

Case Name: AstraZeneca AB v. Zydus Pharms. (USA) Inc., C.A. No. 18-664-RGA, 2021 WL 4819905 (D. Del. Oct. 15, 2021) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Farxiga® (dapagliflozin); U.S. Patent No. 6,515,117 (“the ’117 patent”).

Patent 98
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Changes in the draft 2022 EPO Guidelines for Examination on description amendments: Substantial changes or window-dressing?

The IPKat

The EPO has released the draft Guidelines for Examination 2022. The new Guidelines will come into force on 1 March 2022. Alongside the release of the draft Guidelines, the EPO has launched a user consultation. There had been cautious hope that the new Guidelines would soften the stringent description amendment requirements that were introduced in 2021.

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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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InnovationQ Plus® Winter 2022 Release

IP.com

IP.com’s InnovationQ Plus® winter 2022 release is here! This update incorporates feedback from customers using our platform to bring innovative products to market. We’re proud of the improvements made to. The post InnovationQ Plus® Winter 2022 Release appeared first on IP.com - IP Innovation and Analytics.

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Writing Women Scientists Into Wikipedia

Velocity of Content

As a physicist in the Blackett Laboratory at Imperial College London, Dr. Jessica Wade investigates polymer-based organic light-emitting diodes and has published her research in numerous prestigious journals. That’s her day job. Dr. Wade also moonlights as a Wikipedia editor and has written over 1,500 biographies of women scientists. When young girls go looking for role models in science, she says, they should find them easily.

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Trademark Use and Trademark Infringement in Domain Names

JD Supra Law

Trademark rights and domain name ownership overlap in many ways, but they are not the same. Domain name ownership does not necessarily establish trademark rights, and trademark ownership does not necessarily give you the right to own the corresponding domain name. .

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The Law Bytes Podcast, Episode 116: Is This Podcast a Program Subject to CRTC Regulation Under Bill C-11?

Michael Geist

The government’s Internet regulation plans were back on the agenda last week as a “what we heard report” was released on online harms and Bill C-11 – the sequel to last year’s controversial Bill C-10 – was introduced by Canadian Heritage Minister Pablo Rodriguez. The Law Bytes podcast will devote several episodes to the bill in the coming months.

Law 91
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Response to the US Department of Justice call for Public Comments on SEPs Part 1 of 6

JD Supra Law

Executive Summary - The 2013 statement was a favor to Apple and Google and was widely misinterpreted and misused (often intentionally by opportunistic infringers found by courts and/or the ITC to be “unwilling). It was used to remove injunctive relief against companies found by courts to be “unwilling”.

IP 97
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The Metaverse: Let Us Now Suck in Three Dimensions

The Illusion of More

In the first Matrix movie, the character Cypher announces that he wants to be plugged back into the network. A few scenes later, we see him dining at a fine restaurant, fully aware that everything he is experiencing is a simulation, and he doesn’t care. The question presented by this sequence is an ontological crossroads […]. The post The Metaverse: Let Us Now Suck in Three Dimensions appeared first on The Illusion of More.

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Amway Scores $24M From AIG Unit In Copyright Dispute

IP Law 360

An AIG unit must pay Amway more than $24 million to cover the marketing company for defense and settlement costs related to a 2015 copyright infringement suit, a Michigan federal judge said Monday, in a ruling that went against the insurer on nearly every issue.

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Copyright Infringement Can Get on One's Nerves

BYU Copyright Blog

On January 31, 2022, Dr. Tamara Eichelberger ("Eichelberger") filed suit against Dr. Mary Hudson-McKinney ("Hudson-McKinney") and Western University of Health Sciences ("Western") for copyright infringement and for reverse passing off under the Lanham Act. Eichelberger's Complaint centers on a set of teaching materials (the "Work") that Eichelberger has used (and continues to use) in teaching classes on clinical neuroscience at schools throughout Southern California, including Western.

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'Matrix' Producer Says Warner Bros. Bungled Movie's Release

IP Law 360

Village Roadshow, a co-producer behind the "Matrix" movies, on Monday claimed that Warner Bros. ran afoul of distribution agreements by simultaneously releasing "The Matrix Resurrections" in theaters and on HBO Max, according to a suit filed in Los Angeles County Superior Court.

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Never Too Late: If you missed The IPKat last week!

The IPKat

Whilst Asia has been rather dormant in the IP field this past week due to the Chinese New Year holidays, there have been a number of developments on the European side:- The Dragon Kat Designs The UK IPO is carrying out a Call for Views on that country’s design system. This is an invaluable opportunity for practitioners, academics, and IP owners to contribute their opinions.

Designs 67
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Kerry versus Kerry: coexistence or likelihood of confusion between trademarks

Garrigues Blog

Although trademarks may well coexist peacefully in some markets it is not always the case in other countries where their origin is less well known. This is illustrated by a recent dispute heard by the Supreme Court between two trademarks for butter and margarine from county Kerry in Ireland. The two trademarks, Kerrygold and Kerrymaid, coexist without confusion in the United Kingdom and Ireland; however, this is not the case in other jurisdictions like Spain, where the Spanish High Court has jus

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Fraudulent concealment tolls statute of limitations (except where not allowed by statute)

43(B)log

Patane v. Nestlé Waters North America, Inc., 2022 WL 343911, No. 3:17-cv-1381 (JAM) (D. Conn. Feb. 4, 2022) A rare plausible fraudulent concealment scenario to toll the limitations period! The plaintiffs bought Poland Spring water and sued Nestlé, alleging that the water wasn’t from genuine springs. The Connecticut Unfair Trade Practices Act claim was time-limited, but other states’ statutes allowed for a genuine issue of fact whether the limitations period should be equitably tolled.

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Non-Banking Financial Companies (NBFCs)

IP and Legal Filings

INTRODUCTION: NBFC is a Company registered under the Companies Act and engaged in the business of loan and advances, acquisition of shares/stocks/bonds/debentures/ securities, leasing, hire purchase, insurance business and chit fund business but does not include whose principal business is an agriculture activities, industrial Activities, purchase or sale of any goods (other than securities) and sale/purchase/construction of immovable properties.

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Law360 Seeks Members For Its 2022 Editorial Boards

IP Law 360

Law360 is looking for avid readers of our publications to serve as members of our 2022 editorial advisory boards.

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Understanding the Extra-territorial Application in Cross Border Trademark Suit

IP and Legal Filings

The present case revolves around a dispute between the two parties where the main concern was the usage of 2 programs invented by the Plaintiff’s founder and it was before United States District Court for the Western District of North Carolina Asheville Division. The Plaintiffs Herrmann International, Inc. (“HI”) and Hermmann Global, LLC (“HG” and collectively the “Plaintiffs”) filed this action against the Defendants Herrmann International Europe (“HIE&

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Japanese ministry seeks industry input on SEP negotiation guidelines

IAM Magazine

Ericsson and Apple have already appeared before a study group mulling FRAND policy – other companies have until 8 March to submit comments on guidelines for good-faith dealing.

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Ethiopian Hops and Other Weird Ingredients

LexBlog IP

The history of beer is strewn with styles you’ve never heard of. We all know about pilsners, and IPAs, and stouts, and ambers. But what about wit, a fizzy yellow Dutch beer made with coriander and grains of paradise? Or gruit, a Northern European style brewed with pine, sweet gale, or mugwort? Or T’ej, an Ethiopian mead that Dogfish Head once blended with an imperial stout (see: Dogfish Head’s B **s Brew).

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Japanese ministry seeks industry input on SEP negotiation guidelines

IAM Magazine

Ericsson and Apple have already appeared before a study group mulling FRAND policy – other companies have until 8 March to submit comments on guidelines for good-faith dealing.

52
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Ended But Not Over - the Realities of the Moratorium Aftermath

GDB Firm Blog

In her January 16, 2022 Administrative Order, the Chief Administrative Judge reported that "all residential and commercial eviction matters, both nonpayment and holdover, may proceed in the normal course." The moratorium may have expired, but the resumption of summary proceedings is far from being "business as usual" in housing court.

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New rules on recording final beneficiaries

Olartemoure Blog

Colombia’s tax authority – DIAN – closed 2021 regulating how final beneficiaries are recorded on the Sole Registry of Final Beneficiaries – RUB –, and also regulating the Non-incorporated entity identification system – SIESPJ –. This standard is relevant in the processes of obtaining counterpart information and in due diligence processes for those companies required to implement ML/TF and ML/TF/FPADM prevention and management systems, given all this incorporates new definitions and obligations,

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Help! Our Intellectual Property is Being Infringed – An Investigatory Checklist

JD Supra Law

I don’t love surprises. Well, if you want to send me a surprise red velvet birthday cake, please feel free. Otherwise, I like being prepared – and infringement of intellectual property is one type of surprise that you can prepare yourself to handle. To assist in that effort, here’s a non-exhaustive list of questions you can ask yourself and your team members, to help determine next steps if you suspect infringement of your trademarks or copyrights.

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Jurisdiction of intellectual property nullities

Olartemoure Blog

Under current legislation, the Council of State has full jurisdiction over annulment actions in cases related to industrial property. However, starting 26 January 2022, all annulment action cases will be resolved before the Administrative Tribunal of Cundinamarca, and only appeals will be decided by the Council of State. Considering the need to ensure an efficient framework for the defense of IP rights, on 25 January 2021, the government amended the Administrative Procedural Code and transferred

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This Week in Washington IP: Regulating Stablecoins and Digital Assets, Establishing ARPA-H for Biomedical Research, and Clean Hydrogen for U.S. Industries

IP Watchdog

This week in Washington IP news, committees in the House of Representatives will host a string of hearings focused on improving data innovation and R&D to stop human trafficking, recommendations for regulating stablecoins as they become a larger part of the universe of currencies accepted in the U.S., and efforts to establish an advanced research project for healthcare in the wake of the COVID-19 pandemic.

IP 52
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Consumer protection authority issues e-consumer protection guide

Olartemoure Blog

On 20 December 2021, Colombia’s Consumer Protection Authority (SIC) issued a guide gathering all rights and duties of all e-commerce players in Colombia, as well as some important recommendations. The Guide defines marketplaces as platforms that play an e-commerce mediation role, but that do not directly play into the consumer relationship. For this reason, the accountability that applies to them is different than the one applied to suppliers and producers.

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CAFC Orders New Trial on Damages, Clarifies IPR Estoppel Rule in Appeal of Caltech’s $1.1 Billion Win Against Apple and Broadcom

IP Watchdog

On February 4, in a mixed precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed, vacated, and remanded in part a decision by the U.S. District Court for the Central District of California in a patent infringement suit filed by the California Institute of Technology (Caltech) against Broadcom Limited, Broadcom Corporation, and Avago Technologies (collectively “Broadcom) and Apple Inc.