Sun.Feb 20, 2022

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How NOT to Protect Your Trademark (in jest)

Erik K Pelton

The following is an edited transcript of my video How NOT to Protect Your Trademark. Having recorded dozens of episodes on how best to protect a brand and a trademark, I thought it would be fun to share my tips on how not to protect your trademark (sarcastically, of course). If you don’t care about your brand, you aren’t worried about getting sued, that it might cost you a fortune or be emotionally exhausting to change your name, then don’t worry about picking a unique or creat

Trademark 130
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Telecom patents prompt EU legal challenge against China at the WTO

The IPKat

This Kat dreams (or has nightmares) of anti-suit injunctions The EU is eager to promote innovation and growth in a digital age, but whose? This is the question one might reasonably ask on learning of the EU's launch of a complaint at the WTO against China last Friday, 18 February 2022. The substance of the complaint is the allegation that Chinese courts are obstacles to European companies' legitimate enforcement of telecom patents on technologies such as 3G, 4G, and 5G through the use of anti-su

Patent 130
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Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What?

TorrentFreak

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. Since cracking down on the former is all but impossible, Watch Tower keeps an eye out for people who criticize the religion by leveraging its own copyrighted material, such as videos or songs, against it.

Fair Use 106
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ST. 26 sequence listings: A forward or backward step for ease of access to patent sequence data?

The IPKat

A Big Bang is coming, or at least this is how the World Intellectual Property Office (WIPO) has billed the entry into force of the new sequence listing requirement, ST.26 on 1 July 2022. There is an international requirement for the DNA, RNA and protein sequences disclosed in a patent application to be provided in the form of a sequence listing. Sequence listings are then used by patent offices to search for the listed sequences.

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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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Bankruptcy Trustee Sues Over “Muppet Babies” Reboot

Copyright Lately

Nearly a year after a screenwriter’s lawsuit over Disney’s “Muppet Babies” reboot was dismissed, the trustee of Jeffrey Scott’s bankruptcy estate has filed a new complaint alleging copyright infringement in a production bible and scripts from the original series. Following a number of procedural twists and turns, the “Muppet Babies” reboot lawsuit has been rebooted.

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Huawei beats $1.3bn royalties target; USPTO refutes 5G patent claims; Avanci waits on key licensors; EU plans SEP reform; Dolby IP head moves to Via; plus much more

IAM Magazine

Get ready for the new working week with a summary of all the stories posted on the IAM platform over the past seven days.

IP 98

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Can Slogan Be Registered As A Trademark? – EU Perspective

IP and Legal Filings

Introduction. Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role.

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Around the IP Blogs

The IPKat

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection. Katfriends who are also fashionistas should be well aware that it’s Fashion Week 2022!

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adidas America, Inc. v. Skechers USA, Inc., No. 16-35204 (9th Cir. 2018) – Irreparable Harm standard for preliminary injunctions – trade dress in sneakers

LexBlog IP

Aidadas v Skechers. Justia Opinion Summary. Skechers challenged the district court’s issuance of a preliminary injunction prohibiting it from selling shoes that allegedly infringe and dilute adidas America, Inc.’s Stan Smith trade dress and Three-Stripe trademark. The panel affirmed in part, holding that the district court did not abuse its discretion in issuing the preliminary injunction as to adidas’s claim that Skechers’s Onix shoe infringes on adidas’s unregiste

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Patently-O Bits and Bytes by Juvan Bonni

Patently-O

Recent Headlines in the IP World: Ludwig Burger: BioNTech Says It Won’t Challenge Vaccine Copying in Africa (Source: CTV News). Stephen Warwick: Apple and Ericsson’s Massive Patent Dispute is Going to Trial Next Year (Source: iMore). Philip Blenkinsop: EU Launches WTO Dispute Against China Over Telecom Patents (Source: Reuters). Wendell Roelf and Julie Steenhuysen: Moderna Patent Application Raises Fears for Africa COVID Vaccine Hub (Source: Reuters).

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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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Computer and Internet Weekly Updates for 2022-02-19

Barry Sookman

Computer and Internet Weekly Updates for 2022-02-12 [link] 2022-02-13. ‘Heist of the century’: US bitcoin case tests ability to crack down on cybercrime [link] 2022-02-14. Breach of PIPEDA not a basis for not repaying a bank loan, Royal Bank of Canada v. Hogarth, 2022 ONSC 959 [link] 2022-02-14. Apple is sued again over 3D user interface patents [link] 2022-02-14.

Patent 57
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The WTO Trips Waiver: A Panacea To The Covid-19 Menace?

IIPRD

INTRODUCTION. Ms Ngozi Okonjo-Iweala, the Director-General of the World Trade Organization (WTO), on 28 th January 2022, in a press conference of the WTO General Council announced that a breakthrough in the form of an accord between the developed and the developing nations on the TRIPs Patents waiver proposal for COVID-19 vaccines could be possible within the coming weeks.

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Best of 2008: Cowboy rules

Likelihood of Confusion

First posted June 24, 2008. From the National Post, trademark news about a lawsuit brought by New York’s charming Naked Cowboy against the makers of M&M’s and its ad agency. The post Best of 2008: Cowboy rules appeared first on LIKELIHOOD OF CONFUSION™.

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Moldex-Metric, Inc. v. McKeon Products, Inc., No. 16-55548 (9th Cir. 2018) – Functionality of color of ear plugs

LexBlog IP

Moldex-Metric, Inc. v. McKeon Products, Inc., No. 16-55548 (9th Cir. 2018). Link to ad for Moldex earplugs. Justia: The Ninth Circuit reversed the district court’s grant of summary judgment for McKeon in a trademark infringement action alleging that McKeon’s green ear plugs infringed Moldex’s green earplugs. The panel held that the existence or nonexistence of alternative designs was probative of functionality or nonfunctionality, and thus evidence of alternative colors must be

Designs 40
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So Many Unanswered Empirical Questions About FOSTA

Technology & Marketing Law Blog

I read an article, “ Sex Trafficking and Technology: A Systematic Review of Recruitment and Exploitation ,” by Lindsay B. Gezinski & Kwynn M. Gonzalez-Pons (unfortunately paywalled). They did a comprehensive and systematic review to identify empirical studies that bear on online sex trafficking, and then they did a meta-analysis of the relevant articles.

Blogging 104