Tue.Dec 26, 2023

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DM@X in Toronto will be discussing the big Canadian content issues of 2023 and 2024

Hugh Stephens Blog

Used with permission Around this time of year, I typically write a blog post looking back at the big content issues over the past year and peek forward at the coming 12 months, in Canada, the US and elsewhere.

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How U.S. Courts Ruled on Trademarks in 2023

IP Watchdog

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. Courts ruled on issues ranging from First Amendment and parody considerations to the extraterritorial reach of U.S. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

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The Age of the Mouse is Nigh!

The Illusion of More

And the fairy that is called Tinkerbell said, come and see. And I saw, and behold, a Mouse with large black ears. And the name that said on him was Mirth. And Joy followed with him. And to those who may feel anxious about the coming year, I say unto thee, fear not. Whatever your […] The post The Age of the Mouse is Nigh! appeared first on The Illusion of More.

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What You Need to Know About Trade Secrets in 2023 (Part I)

IP Watchdog

Trade secrets in the United States have a fascinating history, during which courts shaped the common law tort as a way to enforce confidential relationships. Now the legal framework is statutory, with some version of the Uniform Trade Secrets Act (UTSA) in effect in every state except New York, and with uniformity in the federal system thanks to the Defend Trade Secrets Act of 2016 (DTSA).

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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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Toyota Practical Problem Solving (PPS)—Monitor and Share

Christopher Roser

This post of my series on Practical Problem Solving (PPS) looks at what to do after you have done the “Do” part of PDCA. Yes, that’s right, after implementing the solutions you are not done yet. You need to monitor the outcome to see whether it has actually achieved the target you set much earlier. Read more The post Toyota Practical Problem Solving (PPS)—Monitor and Share first appeared on AllAboutLean.com.

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Sneaker Parodist Gets Schooled: MSCHF Can’t Sidestep Trademark Infringement by Claiming Artistic Expression

JD Supra Law

The Second Circuit was the first Circuit Court to address Jack Daniel’s Properties, Inc. v. VIP Products LLC, where the Supreme Court explained that when an alleged trademark infringer relies upon the goodwill of a trademark owner to market its own goods, the standard likelihood of confusion test applies even if the mark is used for an expressive purpose.

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Sculptor sues glass maker over Swedish transposition of Article 20 DSM Directive and to test its temporal application

The IPKat

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation. Specifically, Article 20 of the Directive (so called ‘best seller’ provision) states that authors and performers are entitled to claim additional, appropriate, and fair remuneration if the initi

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Draft Guidance Puts March-In Authority Pursuant to Bayh-Dole in the News Once Again

JD Supra Law

On December 8, 2023, the National Institute of Standards and Technology (NIST) released the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (guidance) to the public for comment. The comment period ends February 6, 2024. The information received in response to the guidance will inform NIST and the Interagency Working Group for Bayh-Dole (IAWGBD) in developing a final framework document that may be used by an agency when deciding whether to exercise its.

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Microsoft Technology Licensing LLC V. The Assistant Controller of Patents and Designs- A Reasoned Judgement or Inherently Contradictory?

SpicyIP

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects. Highlighting this contradiction within the judgement, we are pleased to bring to you this guest post by Bharathwaj Ramakrishnan.

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Biosimilar Deals Updates: Biocon, AstraZeneca

LexBlog IP

As an update to our previous report , Biocon Biologics Ltd. (a subsidiary of Biocon Ltd.) announced the successful completion of the transition of the acquired biosimilars business in approximately 120 countries, a year ahead of schedule. On December 18, 2023, IAVI, a global nonprofit scientific research organization, and Spanish biopharmaceutical company Biofabri, a subsidiary of Zendal, announced that the Bill & Melinda Gates Foundation has awarded IAVI $55 million to conduct a Phase IIb t

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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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Protection and Infringement of IPR by Artificial Intelligence: A Double Edged Sword?

Intepat

*Written by Narendra Rathia, a 4th Year B.A. LL.B (Hons.) student from Hidayatullah National Law University. Introduction The term “AI” (Artificial Intelligence) was initially introduced in 1956 during a conference by John McCarthy. Broadly, AI refers to the capability of performing tasks or processing information using its own intelligence, algorithms, or commands, independent of human intervention.

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CRISPR Regulatory Updates

LexBlog IP

On December 15, 2023, Vertex announced that the Committee for Medicinal Products for Human Use of the European Medicines Agency has adopted a positive opinion for the conditional approval of CASGEVY (exagamglogene autotemcel [exa-cel]), a CRISPR/Cas9 gene-edited therapy, for the treatment of severe sickle cell disease (SCD) and transfusion-dependent beta thalassemia (TDT).

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Lack of Bona Fide Intent Sinks Application to Register JUICY FRUIT & Design for T-shirts

The TTABlog

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. His lack of documentation provided Opposer Fruit of the Loom with a a prima facie case. Sellers failed to overcome that presumption.

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Understanding 83(b) Elections: A Guide for Holiday Bonuses

LexBlog IP

Understanding 83(b) Elections: A Guide for Holiday Bonuses by Jeffrey A. Bekiares Understanding 83(b) Elections: A Guide for Holiday Bonuses Tax-Savvy Approaches to Equity Bonuses: The Ins and Outs of 83(b) Elections Table of Contents: Introduction to 83(b) Elections Equity in Holiday Bonuses and the 83(b) Election Tax Implications Without and With an 83(b) Election Advantages of Opting for an 83(b) Election Risks and Considerations Addressing Common Questions Missing an 83(b) Filing Deadline Fi

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The last in line: Bulgaria implements the CDSM Directive

Kluwer Copyright Blog

Image by Виктор Сапожников via Pixabay More than two years after the transposition deadline, and with another infringement proceeding under its belt, Bulgaria is one of the last Member States to now implement the CDSM Directive. On the tail end of a political crisis that forced the country into multiple consecutive early general elections and led to a string of short-lived parliaments not being able to come through with the adoption of the proposal, the long-awaited amendments to the Bulgarian C

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Government and Private Programs that Give to Founders

LexBlog IP

Government and Private Programs that Give to Founders by Jaime Chandra Government and Private Programs that Give to Founders Empowering Innovation: A Guide to Supportive Programs for Entrepreneurs Access to the right resources can significantly impact entrepreneurial success. This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs.

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2023 Quick Links: Section 230

Technology & Marketing Law Blog

[My Quick Links publication process is broken. Once-a-year postings aren’t very useful LOL.] * Palmer v. Savoy, 2021 N.C. Super. LEXIS 236 (N.C. Superior Ct. July 28, 2021). Snap qualified for Section 230 protection despite the plaintiffs’ invocation of the Lemmon design defect ruling: “each of Plaintiffs claims arise from and depend upon the actual content of the snaps taken by the individual Defendants, and [the court] further concludes that Plaintiffs arguments seeking to de

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Can You Copyright or Trademark a Logo Designed by AI?

LexBlog IP

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. I’m particularly nerding out over these issues, because my master’s degree project involved training of artificial intelligence systems. Rights to AI-generated content, and to content made on creative platforms, aren’t always easy to understand, and they have a big impact on how

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BREAKING: White House Won't Veto ITC Apple Watch Import Ban

IP Law 360

The Biden administration said Tuesday that it will not veto a U.S. International Trade Commission decision banning imports of the Apple Watch in a patent dispute with Masimo Corp., days after the tech giant stopped selling some models of the popular devices due to the ruling.

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Holidays 2023

LexBlog IP

We hope the rest of your year is as relaxing as Lola’s. See you next year!

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Reckless DMCA Deindexing Pushes NASA’s Artemis Towards Black Hole

TorrentFreak

There’s no question that content creators should have the ability and means to protect their work. Those who rely on easily copied images to generate income face a stark choice; allow third-parties to illegally profit from illicit copies that may even outrank the originals in Google search, or spend time and money fighting back. For an increasing number of OnlyFans and Instagram models, hiring companies that offer cut-price DMCA takedown services may seem like the perfect solution.

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Emergency Appeal of the Apple Watch Ban

Patently-O

by Dennis Crouch December 25th, marked the deadline for President Biden to reject the U.S. International Trade Commission’s (USITC) ruling banning imports of certain Apple Watch models. With no action from the White House, Apple now faces a federal government order to halt imports and sales of Apple Watch Series 9 and Ultra 2 devices because it incorporates light-based pulse oximetry technology covered by the claims of Masimo’s U.S.

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