Hugh Stephens Blog

OCTOBER 11, 2022

Well over half the world (more than 90 countries from Algeria to Venezuela, with all of the members of EU, Britain, Australia, Mexico and many African countries included) have an Artists’ Resale Right (ARR) in their copyright law, but not North America north of the Rio Grande—except for California. North of Mexico, the ARR does … Continue reading " Will the “Artists’ Resale Right” Come to Canada and the US?

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Copyright Law Copyright Law 246

Plagiarism Today

OCTOBER 11, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. First off today, Ronald Mann at SCOTUSblog reports that, tomorrow, the Supreme Court of the United States (SCOTUS) is expected to hear arguments in the case of Andy Warhol Foundation for the Visual Arts, Inc. v.

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Fair Use Reporting Licensing Plagiarism 176

Erik K Pelton

OCTOBER 11, 2022

Nontraditional trademarks include sounds, scents, motions, lighting, colors, and more. Color marks are relatively rare and must meet additional requirements. In this episode, we cover the basics about color marks and T-Mobile’s trademark registration for magenta. The post Color trademarks case study: T-Mobile magenta appeared first on Erik M Pelton & Associates, PLLC.

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Trademark Registration 147

McKinsey Operations

OCTOBER 11, 2022

Global Lighthouse Network organizations continue to light the way in the Fourth Industrial Revolution. To keep up, companies must now scale technologies across sites and value chains.

Technology 140

Technology 140

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?

Technology

TorrentFreak

OCTOBER 11, 2022

Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. New data released by UK-based piracy tracking company MUSO shows that pirate sites remain very relevant. And people have no trouble finding them either. 141.7 Billion. In fact, traffic to these sites is booming.

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Music Publishing Reporting Copyright 132

Patently-O

OCTOBER 11, 2022

by Dennis Crouch. I assume that you have read The Onion amicus brief in Novak v. City of Parma Ohio. If not, please do it is a total classic. Novak Parma Onion Amicus Brief PDF. The case involves Anthony Novak who created a parody Facebook page to mock his the local police department in Parma, Ohio. The posts were clearly parody after perhaps a bit of initial confusion.

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Government Reporting Patent 128

IP Watchdog

OCTOBER 11, 2022

With all of the problems besetting us, you might think that the last thing we need right now is another give-away of critical technologies, but that could be about to happen. Negotiations are underway in Geneva over a proposal from “developing countries” that negating patent protections for our COVID-19 vaccines wasn’t good enough. Now they want to extend that foolish concession we agreed to earlier this year to any COVID therapy.

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Technology Patent Government Intellectual Property 126

McKinsey Operations

OCTOBER 11, 2022

Annie Jean-Baptiste, the head of product inclusion and equity at Google, talks about how and why the tech giant works to incorporate DE&I and belonging into every aspect of the development process and what others can do to make the same shift.

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IPilogue

OCTOBER 11, 2022

Aaron Dishy is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. Web resources survive only if a third party preserves them, and not all third parties initiate the preservation of web-based content. A website owner may abandon one hosting platform for another, or an author might remove content on their own accord. As content changes or is removed, hypertext links that direct a user to a resource are disrupted.

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Intellectual Property Law Journalism Intellectual Property Government 111

McKinsey Operations

OCTOBER 11, 2022

Central banks sustain aggressive policy tightening; industrial activity picks up in emerging economies; financial-markets uncertainty works to strengthen the dollar.

Marketing 119

Marketing Marketing 119

Advertiser: IPO

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.

Patent

Copyright Alliance

OCTOBER 11, 2022

This week we’d like to introduce you to photographer Cheryl Ritzel. You can follow her work on YouTube, Etsy, and Twitter @focusedcamera. What was the inspiration behind becoming a creator? […]. The post Creator Spotlight with Photographer Cheryl Ritzel appeared first on Copyright Alliance.

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Copyright 110

IP Close Up

OCTOBER 11, 2022

The Electronic Frontier Foundation (EFF) is at it again, says a patent attorney and former Northwestern University law professor, “gaslighting the public in its ongoing Continue reading.

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Patent Law Patent Troll Litigation 106

IP Watchdog

OCTOBER 11, 2022

The muddled state of patent eligibility law has direct and significant negative consequences for U.S. R&D investment, and for innovation in key fields of medical, economic, and strategic importance to the United States and its citizens. Uncertainty reduces R&D investment, as has been well-documented, and reliable patent protection mitigates uncertainty and generates increased R&D investment.

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Patent Law Technology Intellectual Property 105

The IPKat

OCTOBER 11, 2022

Jean Paul Gaultier's Le Musée Yesterday the news broke that the Uffizi museum in Florence is taking legal action against Jean Paul Gaultier over the unauthorized reproduction of the stunning and well-known Renaissance painting Birth of Venus by Sandro Botticelli in garments and accessories that are part of Gaultier’s spring/summer 2022 Le Musée capsule collection.

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Artwork Public Domain Moral Rights Art 143

JD Supra Law

OCTOBER 11, 2022

This latest publication in our UPC series takes you through the latest update on the judicial recruitment. On 7 October 2022, the UPC Preparatory Committee shared its latest version of the European Unified Patent Court (UPC) implementation roadmap.

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Patent 98

IP Law 360

OCTOBER 11, 2022

As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

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Law 98

Christopher Roser

OCTOBER 11, 2022

In lean, the perfect lot size is one. Ideally, you should be able to make your products in a lot size of one. However, especially in mass production, larger lot sizes are common. Getting down to smaller lot sizes, or ideally to a lot size of one, is not always easy, and sometimes may not. Read more. The post How to Reduce Your Lot Size Part 1—Introduction first appeared on AllAboutLean.com.

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U.S. Department of Commerce

OCTOBER 11, 2022

Hispanic Inventors and Entrepreneurs Bring New Technologies to Market. October 11, 2022. KCPullen@doc.gov. Tue, 10/11/2022 - 09:47. Intellectual property. Minority business growth. Joint blog by the U.S. Patent and Trademark Office and the Economic Development Administration. This month, the U.S. Department of Commerce is celebrating Hispanic Heritage Month and Hispanic communities.

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Inventor Technology Marketing Marketing 95

McKinsey Operations

OCTOBER 11, 2022

Leveraging digital and analytics advances can unlock significant value for biopharma companies through gains in quality, speed, agility, and resilience.

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Patently-O

OCTOBER 11, 2022

USPTO Director Kathi Vidal is beginning to move forward with various initiatives that I’ll discuss in upcoming posts. Most recently though, the Office issued a Request for Comments seeking public input on mechanisms for “ bolstering the robustness and reliability of patents.” Comments due January 3, 2023 via Federal eRulemaking Portal at regulations.gov (docket: PTO-P-2022-0025).

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Patent Patent Application Invention 75

McKinsey Operations

OCTOBER 11, 2022

The recent market downturn has affected biotechs worldwide. But the fundamentals are still strong in Europe, where companies have an opportunity to lead the next phase of bioscience innovation.

Marketing 81

Marketing Marketing 81

The TTABlog

OCTOBER 11, 2022

Last week, the TTAB ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Results will be found in the first comment. In re Innova Electronics Corporation , Serial No. 90174255 (September 21, 2022) [not precedential] (Opinion by Michael B. Adlin). [Mere descriptiveness refusal of CARAI for vehicle diagnostic software and SAAS.

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Copyright 72

IP Law 360

OCTOBER 11, 2022

The daughter of one of the Oscar-winning songwriters behind hits like "Que Sera, Sera" and "Silver Bells" has asked a Tennessee federal judge to toss a lawsuit filed by her daughter, who claims that she's being illegally cut out of her share of the revenue from song royalties.

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43(B)log

OCTOBER 11, 2022

Pegasystems Inc. v. Appian Corp. No. 19-11461-PBS, 2022 WL 4630231, F.Supp.3d - (D. Mass. Sept. 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. ( Previous discussion.

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Marketing Marketing Business False Advertising 59

IP Law 360

OCTOBER 11, 2022

The European Union's Unified Patent Court has announced plans to be up and running on April 1, meaning that a period in which patent owners can choose to opt out of the long-gestating new court's jurisdiction is expected to begin in January.

Patent 75

Patent 75

Barry Sookman

OCTOBER 11, 2022

Canada is planning to revamp its comprehensive privacy law by repealing the existing privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act ( “DCIA”). This law would enact three separate but interrelated laws, the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA).

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Privacy Law 58

IP Law 360

OCTOBER 11, 2022

Hermes International and the designer of "MetaBirkins" non-fungible tokens have asked a Manhattan federal judge for dueling quick wins in the French design house's trademark infringement lawsuit, with both sides saying the discovery process has revealed supporting evidence.

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Non-Fungible Tokens Designs Design Trademark 75

43(B)log

OCTOBER 11, 2022

Boston Carriage, Inc. v. Boston Suburban Coach, Inc., No. 1:21-cv-10688-IT, 2022 WL 4626918 (D. Mass. Sept. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Suburban is a competitor. The parties used to have an ongoing business relationship in which both companies outsourced clients to each other and engaged in regular communications regarding their bu

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False Advertising Advertising Advertising Copying 83

IP Law 360

OCTOBER 11, 2022

Storage Cap Management LP got a partial win in its trademark dispute with a rival self-storage company as an Ohio federal judge ruled that consumers aren't likely to confuse its "Store Space" trademark with SpareSpace Storage LLC's mark.

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Trademark 75

McKinsey Operations

OCTOBER 11, 2022

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Business 62

IP Law 360

OCTOBER 11, 2022

A trio of patent academics, as well as an industry-funded patent challenging business, urged the U.S. Supreme Court to look at the contentious issue of whether challenges that don't appear at Patent Trial and Appeal Board hearings can later show up in patent litigation, an argument Apple is trying to raise in its billion-dollar fight with the California Institute of Technology.

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Litigation Business Technology Patent 75

Art Law Journal

OCTOBER 11, 2022

Meet stone sculptor Robin Antar, the first female artist exhibited at Pop International Gallery in New York City and a prolific chronicler of post-9/11 American identity in pop art sculpture and abstract sculpture.

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Art 52

LexBlog IP

OCTOBER 11, 2022

Last week, the FDA announced the Biosimilar User Fee Act (BsUFA) rates for the 2023 fiscal year, which runs from October 1, 2022 through September 30, 2023. The FDA determined these rates pursuant to the Food and Drug Administration Reauthorization Act (FDARA), which was signed into law on August 18, 2017. The new rates for FY2023, compared with the rates for FY2022, are as follows: Fee Category.

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Law Intellectual Property 52

IP Law 360

OCTOBER 11, 2022

Vital Pharmaceuticals Inc., whose lead product is Bang energy drink, has filed for Chapter 11 protection in Florida, citing legal proceedings related to its distribution contract with PepsiCo. Inc. and a court battle with rival Monster Beverage Corp. in which it was ordered to pay hundreds of millions of dollars.

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Contracts 52

JD Supra Law

OCTOBER 11, 2022

In 2021, the world of college athletics was forever changed when the NCAA introduced its interim policy allowing college athletes to commercialize their name, image, and likeness (“NIL”). Since then, there has been an influx of change at various levels of the college athletics industry. As of the date of this article, twenty-nine states have passed legislation allowing college athletes to monetize their NIL, and at least five other states have proposed legislation on the matter, creating wide.

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