Mon.Jul 24, 2023

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3 Count: Louis Vuitton Song

Plagiarism Today

Judge dismisses case against AI image systems, Louis Vuitton accused of music infringement and new survey looks at piracy in Russia. The post 3 Count: Louis Vuitton Song appeared first on Plagiarism Today.

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Trademark Bingo

Erik K Pelton

B-I-N-G-O … have fun with our new game board as you look for brands around you to try to complete the BINGO! The post Trademark Bingo appeared first on Erik M Pelton & Associates, PLLC.

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Trending Sources

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New EPO Unitary Patent Dashboard Shows 5,000+ Requests Since Launch

IP Watchdog

The European Patent Office (EPO) today launched a dashboard on Unitary Patents, which will be updated daily and breaks down data on requests for Unitary Patents by technology field, country of origin, language of translation, proprietors’ profile and status of registration. According to an EPO press release, there have been 670 requests filed on average per week since the Unitary Patent went into effect on June 1, “demonstrating high interest in the new system.

Patent 98
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Pirates Visited Animedao 17m Times Last Month; They Will Visit No More

TorrentFreak

It’s no secret that the majority of mainstream movies appear on pirate sites soon after their release. In that respect, not much has changed since the early 2000s. Pirate site aesthetics, on the other hand, have undergone a transformation. Today’s pirate movie and TV show sites are considerably more polished, often carrying official poster images and metadata to give that Netflix-style feel.

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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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The Law Bytes Podcast, Episode 175: Amy Salyzyn on the Benefits and Risks of AI to the Legal Profession

Michael Geist

ChatGPT has taken the world by storm in recent months with the potential of generative AI – both positive and negative – top of mind in just about every sector. That is certainly true for the legal profession, where AI tools are becoming increasingly common and courts and regulators try to grapple with the implications. Amy Salyzyn is a colleague at the University of Ottawa who has written extensively in the area of legal ethics, lawyer regulation, the use of technology in the delivery of legal

Law 85
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Federal Court Orders Canadian ISPs to Block Pirated MLB Live Streams

TorrentFreak

In 2021, Canada’s Federal Court of Appeal upheld the first pirate site-blocking order in the country. The landmark decision opened the door to additional and more advanced blocking requests. Indeed, it didn’t take long before NHL broadcasters asked the court for a pirate IPTV blocking order of their own. The Federal Court eventually granted this request for the ongoing season, with some safeguards.

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CALL FOR: 2023 Sustainability, Energy, and Environmental Ambassador Nominations

U.S. Department of Commerce

CALL FOR: 2023 Sustainability, Energy, and Environmental Ambassador Nominations July 24, 2023 ASowah@doc.gov Mon, 07/24/2023 - 08:00 The photo above was submitted by Gary Haney, Office of the Secretary, in a prior Earth Day Photo Challenge. The Department of Commerce is calling for nominations for the 2023 Sustainability, Energy, and Environmental (SEE) Ambassadors program.

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Vidal Shakes Up Internal Paths To Fight PTAB Rulings

IP Law 360

U.S. Patent and Trademark Office Director Kathi Vidal on Monday ended the long-stagnant Precedential Opinion Panel, greenlighted director review requests of Patent Trial and Appeal Board institution decisions, de-designated joinder precedent and announced two new review panels.

Designs 75
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Salazar v. AT&T Mobility LLC No. 21-2320 (Fed. Cir. Apr. 5, 2023)

JD Supra Law

This case addresses the construction of the articles “a” and “said” in relation to subsequently recited functions and whether “a” can be restricted to be singular in its meaning.

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The Fed. Circ. In July: Reissue Claims And The Original Patent

IP Law 360

The Federal Circuit's recent decision that Float'N'Grill's original patent claims may not be broadened to cover an entire class of structures highlights the importance of reissue claims' additional statutory requirements, specification drafting and alternative-embodiment disclosure, and keeping patent families open, say Paul Stewart and Brandon Smith at Knobbe Martens.

Patent 75
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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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Burying 2(a) at the CIPLA

Likelihood of Confusion

Matal v. Tam was highly influential in the subsequent Supreme Court case Iancu v. Brunetti, which also overturned the provisions of the Lanham Act prohibiting the registration of “immoral” and “scandalous” trademarks on the same grounds. Mr. Coleman will speak about both of these cases, including his experience in the Tam case, and provide his insights regarding the future of registration of these types of controversial trademarks with the USPTO.

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Courts Can Overturn Deficient State Regulations, Too

IP Law 360

While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

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PTAB Drops POP Panel Review Option

LexBlog IP

No Role For POP Post-Arthrex As of Monday July 24th, the USPTO has discontinued the use of its Precedential-Opinion-Panel (POP) in favor of the interim Director Review (DR). This move was not unexpected as the POP panel (an early attempt to cure the Arthrex infirmity with partial Director oversight) was effectively replaced by the SCOTUS decision in Arthrex (Director Only).

Designs 52
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Shopify Asks Texas Judge To Expose Alleged IP Edge Affiliate

IP Law 360

E-commerce software brand Shopify doubled-down on its legal attack on the business practices of IP Edge, urging a San Antonio federal judge to reject a Waco magistrate judge's holding that an allegedly affiliated licensing company does not have to participate in what Shopify's lawyers have called a campaign to "expose patent trolls.

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ITIF White Paper Advocates for Greater Federal Tax Credits to Keep U.S. Ahead of China in R&D

IP Watchdog

Today, the Information Technology & Innovation Foundation (ITIF) published a white paper titled Innovation Wars: How China Is Gaining on the United States in Corporate R&D showing that, while the United States continues to enjoy a lead in several key sectors when surveying the world’s largest corporate investors in research and development (R&D), its largest economic rival is gaining and could achieve parity with the U.S. in about a decade.

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Liability For User Infringement Begs Specificity, 9th Circ. Says

IP Law 360

Online marketplaces like Redbubble are liable for user-submitted trademark infringement only when they have specific knowledge of the infringement, the Ninth Circuit ruled Monday, telling a California federal judge to take a fresh look at fashion retailer Brandy Melville's case against the print-on-demand marketplace.

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USPTO Retires POP and Extends Director Review to Institution Decisions

IP Watchdog

The United States Patent and Trademark Office (USPTO) today announced that it is retiring the Precedential Opinion Panel (POP) and extending the Director Review process to decisions on institution in America Invents Act (AIA) proceedings. The POP was established in 2018 under Director Andrei Iancu. Earlier this year, Vidal said that guidance on replacing the POP was one of the issues she expected to announce in the first part of her second year in office.

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Parlez-vous Francais? New Language Requirements in Effect in Québec in June 2025

JD Supra Law

Established through the Charter of the French Language, French is the official language of the Province of Québec. The Charter applies to businesses located in Québec and to other businesses providing services and selling goods in this province, making the use of French mandatory in connection with these business activities.

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Trademarks and the First Amendment

LexBlog IP

Couldn’t be more pleased and thankful to collaborate and share insights on the timely topic of Trademarks, Parody, and the First Amendment, with esteemed Professor of Law Christine Farley during our upcoming Strafford webinar on Tuesday July 25, 2023, at 1 PM ET, check out the details here , hope you can join us!

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Would The Patent Eligibility Restoration Act Strike The Right Balance?

JD Supra Law

Senators Chris Coons and Thom Tillis recently introduced the bipartisan 2023 Patent Eligibility Restoration Act that would make significant changes to U.S. patent eligibility law. The “Findings” section of the Act states that “Efforts by judges of district courts and courts of appeals of the United States to apply the [judicially-created] exceptions [to patent eligibility] … have led to extensive confusion and a lack of consistency.”.

Patent 52
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Hughes Hubbard’s Art Practice Recognized by Chambers for Fourth Straight Year

LexBlog IP

l. to r. Dan Weiner, Michael Salzman, Derek J.T. Adler and Meaghan Gragg For the fourth year running, the Chambers High Net Worth guide, which focuses on the private wealth sector, recognized HHR as one of the nation’s leading law firms for Art and Cultural Property Law. Chambers ranked HHR’s Art Law practice in the second-highest band among the top firms nationwide. “I am happy with their service, they are very responsive and kind,” said market insiders. “I think o

Art 52
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Secrets Exposed: Trade Secrets, Trust, and a Multi-Million Dollar Lesson

JD Supra Law

At the beginning of the pandemic, concerns were raised that trade secret misappropriation might take a new form. Indeed, with large swaths of the workforce working from home, spouses, roommates, or others living in the same area had an increased opportunity to purloin confidential information that might not have been available to them previously.

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No Laughing Matter: Comedian Sarah Silverman Sues Meta Platforms and OpenAI for Copyright Infringement

LexBlog IP

Comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden recently filed class-action lawsuits against Meta Platforms (parent company of Facebook) and ChatGPT maker OpenAI (backed by Microsoft Corp.) for allegedly using their copyrighted content without authorization to train artificial intelligence (AI) language models. Meta and OpenAI’s AI language models, known as large language models, aim to replicate human conversation and automate tasks.

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This Week in Washington IP: Increasing Women’s Entrepreneurship, Expanding STEM Education, and Competing Autonomous Vehicle Competition with China

IP Watchdog

This week in Washington IP news, a House subcommittee is turning its attention to self-driving cars and how U.S. companies can compete with their Chinese counterparts. The Senate Small Business Committee will host several women entrepreneurs to testify on how women’s participation in business can be increased. Elsewhere, the U.S. Copyright Office (USCO) is meeting to discuss generative AI’s impact on copyright law and policy.

IP 52
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Judge Confirms What We All Already Knew About FDA Serving Sizes

LexBlog IP

A potato-chip brand once famously boasted, “No one can eat just one.” And of course, no one can. But according to the Food and Drug Administration (FDA), you aren’t going to eat more than 16 (or 28 grams), because that is the “serving size” on the nutrition facts label. But seriously, who stops at 16 unless the bag runs out?

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Greenberg Traurig Gets 10-Year Patent Vet From Quinn Emanuel

IP Law 360

Greenberg Traurig is expanding its practice for handling standard essential patent cases by scooping up a longtime Quinn Emanuel partner who has been picking up that kind of work from Samsung for more than a decade.

Patent 52
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“Harbour” vs. “Harbor” - Trademark Infringement Allegations at the Center of California Dispute

JD Supra Law

Lurline Bay LLC v. Harbor Classic LLC, Case No. 23-cv-05652 (C.D. California, July 13, 2023) - Recently, we wrote about a Chicago-area furniture retailer Darvin Furniture & Mattress suing e-commerce company Wayfair for using the “Darvin” trademark on Wayfair’s websites and social media accounts.

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Trademarks and the First Amendment

DuetsBlog

Couldn’t be more pleased and thankful to collaborate and share insights on the timely topic of Trademarks, Parody, and the First Amendment, with esteemed Professor of Law Christine Farley during our upcoming Strafford webinar on Tuesday July 25, 2023, at 1 PM ET, check out the details here , hope you can join us! The post Trademarks and the First Amendment appeared first on DuetsBlog ®.

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Summerfest Files Federal Lawsuit Against TC Summer Fest for Trademark Infringement

JD Supra Law

Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “biggest rock weekend of the year” with a “two-day festival-style music event” which included The Killers, The Flaming Lips, Death Cab For Cutie, and Imagine Dragons. This was the TC Summer Fest’s first year; Milwaukee’s Summerfest has been a summer staple in Wisconsin for 55 years.

Music 52
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A legal field trip to the post-pandemic digital classroom

Kluwer Copyright Blog

Photo by mohamed_hassan from PxHere In a period when the COVID-19 pandemic is occupying less and less space in the daily news and in our thoughts, with the World Health Organization (WHO) having stated that it “no longer constitutes a public health emergency of international concern”, things may seem to be returning to the normal. This is, of course, a simplification.

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Patent Case Summaries - July 2023 #2

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 52
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La riforma del Codice di proprietà industriale e il ribaltamento del c.d. “Professor’s privilege”

LexBlog IP

Nella serata di martedì 18 luglio, la Camera dei Deputati ha definitivamente approvato il Disegno di legge di riforma del Codice della Proprietà Industriale (D.lgs. 10 febbraio 2005, n. 30). La riforma – nel perseguire gli obiettivi già fissati dalla Commissione Europea nel suo Action Plan [1] del 2020, successivamente inseriti nel PNRR – mira a rafforzare il vigente sistema di protezione della proprietà industriale, assicurando ai titolari di diritti su beni imma

Art 52
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Last Week In The Federal Circuit (July 10 – July 14): An Applicant Gets Grilled On The Original Patent Requirement

JD Supra Law

With summer in full swing, it’s the perfect time to hang out in the pool and grill some burgers. Our case of the week involves an invention for doing both of those activities at the same time—and provides some insight on when claims can be broadened through the reissue process.

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A TikTok Challenge for Publishing

Velocity of Content

TikTok challenges can range from the sublime to the ridiculous and even the dangerous. There are challenges over art projects, school bathrooms, and sometimes fatally, boat jumping. Now, TikTok may have a challenge for publishers. In May, TikTok’s China-based parent company, ByteDance, sought a trademark for its own book publishing imprint, to be called 8th Note Press.

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Federal Court’s decision in Energizer Brands, LLC v Gillette Company narrows test for depreciation of goodwill in comparative advertising cases

JD Supra Law

Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case, and one of only a few that have dissected section 22 of the Trademarks Act.