Wed.May 03, 2023

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The Case of the D&D Poster and the Missing Signature

Plagiarism Today

Fantasy artist Jeff Easley recently created a print for the upcoming D&D film. However, when he got his copy, he saw something was removed. The post The Case of the D&D Poster and the Missing Signature appeared first on Plagiarism Today.

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5 Takeaways From the Chipotle / Sweetgreen Dispute

Erik K Pelton

Erik follows up with 5 key takeaways from the recent trademark dispute between Chipotle and Sweetgreen in this video. The post 5 Takeaways From the Chipotle / Sweetgreen Dispute appeared first on Erik M Pelton & Associates, PLLC. Erik follows up with 5 key takeaways from the recent trademark dispute between Chipotle and Sweetgreen in this video.

Trademark 130
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3 Count: Quitting Time?

Plagiarism Today

Ed Sheeran says he is "done" if he loses Thinking Out Loud case, Canadian Appeals court upholds Proctorio decision and more. The post 3 Count: Quitting Time? appeared first on Plagiarism Today.

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New UK Cybersecurity Campaign Leads Kids Directly to Pirate Apps & Malware

TorrentFreak

To reduce the chances of being tracked, profiled, spammed with malicious ads, infected with malware or subjected to ransomware, no device in this building accesses the internet without stringent filtering. With network tools and browser plugins doing some of the heavy lifting, WireGuard VPN connections help to keep the dangers at bay. In today’s online environment, every little helps and on this network, a little amounts to millions of URLs blocked every year.

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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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Countdown to the Unified Patent Court, Part III: Remedies

IP Watchdog

The Unified Patent Court (UPC) will go live in less than a month, on June 1, 2023. Thus, it’s time to prepare for the biggest change in the global IP landscape in more than a decade. To facilitate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC. Whereas Part 1 focused on the designated UPC judges, and Part 2 on the timelines that govern the proceedings before the UPC, Part III will illustrate the remedies (and the potenti

Patent 123
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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part I

SpicyIP

Image from here [This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at karishma0604@gmail.com for any feedback or comments. Views expressed here are those of the author’s.] It is not uncommon for artists to reach new heights of appeal after their deaths. Hip-hop icon, Tupac Shakur, the second best-selling hip-hop artist in history, sold the bulk of his albums after his death.

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

SpicyIP

Starry Night by Vincent Van Gogh. See here for how Van Gogh’s legacy was built and preserved by the efforts of his sister-in-law Johanna Van Gogh-Bonger. Image from here. [This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at karishma0604@gmail.com for any feedback or comments.

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PTAB Strategies and Insights Newsletter - May 2023: Beware of Collateral Estoppel at the PTAB

JD Supra Law

When thinking about estoppel and the PTAB, the § 315(e) estoppels—relating to grounds a petitioner raised or reasonably could have raised—are likely the first to come to mind. However, other types of estoppel, such as collateral estoppel, also can apply to IPR proceedings. The Federal Circuit recently issued a precedential opinion holding that collateral estoppel may apply to unpatentability findings for claims in different, related patents, when they share identical issue(s) of patentability.

Patent 102
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The Backlog Challenge Faced by the Indian Trademark Office: Addressing Inefficiencies and Ineffectiveness

SpicyIP

Image from here Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. These notices were challenged before the Delhi High Court in Intellectual Property Attorneys Association (IPAA) & Anr. v. The Controller General Of Patents, Designs & Trade Marks & Anr. ( pdf ).

Trademark 102
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[Event] 3rd Annual Summit on Women Leaders in IP Law - June 6th - 7th, Washington, DC

JD Supra Law

American Conference Institute’s 3rd Annual Summit on Women Leaders in IP Law returns for another exciting year with curated content showcasing powerful women in intellectual property. During this IP-focused conference, women in Intellectual Property roles come together to explore industry trends and other important factors impacting today’s women leaders and practitioners in IP.

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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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2nd Circ. Can't Wade Into 'Baby Shark' Int'l Service Issue

IP Law 360

The owner of several Baby Shark trademarks skipped some steps when it tried to appeal an order finding that the lower court didn't have jurisdiction over several entities accused of counterfeiting because they hadn't been properly served in China, the Second Circuit said Wednesday.

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Successful product launches across the EU, UK, and U.S.

JD Supra Law

We were pleased to welcome industry leaders to our Life Sciences and Health Care Horizons event in Boston for the first time since the pandemic. At the event, Hogan Lovells attorneys Eliza Andonova, Ina Brock, Kristin Connarn, Lynn Mehler, Mikael Salmela, Jörg Schickert, Jane Summerfield, Alice Valder Curran, Hein van den Bos, and Lowell Zeta discussed aspects of early access, pricing and reimbursement, supply chain planning, commercial launch preparation, and litigation risk, providing a.

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Cultural meme as a trademark: the registration of WAGATHA CHRISTIE

The IPKat

Emeritus Kat, Professor Ilanah Fhima , proposes a provocative approach to signs that have taken on cultural significance. Rebekah Vardy, wife of football player Jamie Vardy , has managed to secure registration of WAGATHA CHRISTIE for a wide range of goods and services. Why is this noteworthy? Unless you were among those lucky souls who spent the summer of last year on a desert island or extended trip to Mars, you have been aware that Mrs.

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In No Uncertain Terms - Strategies For Assessing And Mitigating Risk In Technology And Software License Disputes

JD Supra Law

Software providers, asset managers, and licensees can consider various strategies to help assess risk and effectively negotiate software license compliance disputes. Software is the heartbeat of every industry. Rapid changes in technology, business objectives, and market preferences experienced by software licensees and licensors alike have historically resulted in significant disputes over software license agreements.

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Barnes & Thornburg Lands TTAB Judge For Chicago IP Group

IP Law 360

A Trademark Trial and Appeal Board judge has hung up her robe to join Barnes & Thornburg LLP's intellectual property group in Chicago as of counsel, the firm said Wednesday.

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PTAB Strategies and Insights Newsletter - May 2023

JD Supra Law

The PTAB Strategies and Insights newsletter provides quarterly updates and insights into how best to handle PTAB trial proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. In this issue, we address collateral estoppel, expert qualifications, and provide some case highlights of recent PTAB precedential and Director review decisions. - Beware of Collateral Estoppel at the PTAB - Kyocera.

Designs 98
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Centripetal Tells CAFC Vidal Testimony Bolsters Mandamus Petition

IP Watchdog

One day after U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal testified during a hearing before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet, Centripetal Networks filed a reply in support of its petition for a writ of mandamus in its patent dispute with Cisco. Additionally, Centripetal’s counsel at Dowd Scheffel PLLC sent a letter to the U.S.

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The EU IP Harmonization Package to Include EU-wide compulsory License

JD Supra Law

Key Points - The EU aims to harmonize patent protection rules and flexibilities with a layer on top of national rules. This is in line with long-term efforts by the EU institutions to harmonize patent rules and motivated, in part, by the impacts of the COVID-19 pandemic in the case of the biopharmaceutical sector.

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Patent Owner Tells SCOTUS Avery Dennison Petition is Not the Eligibility Case the U.S. Patent System Needs

IP Watchdog

In late February, Avery Dennison corporation petitioned the U.S. Supreme Court to grant certiorari in its appeal of a decision upholding ADASA, Inc.’s patent for Radio Frequency Identification Device (RFID) technology as patent eligible. ADASA has now responded, telling the High Court that the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) decision in the case “is a beacon of clarity and oasis of correct legal analysis, not a plea for this Court’s intervention.

Patent 72
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Artificially Yours: Who Owns Rights in AI-Generated Art?

JD Supra Law

Don’t worry, machines haven’t completely replaced humans as artists—at least, not yet. But the U.S. Copyright Office is considering the possibility.

Art 98
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TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

The TTABlog

So far this year, the percentage of Section 2(d) affirmances is lower than the historical average of about 90%. Here are three more refusals on appeal. At least one was reversed. How do you think these three cases came out? [Results in first comment]. In re Joe Lo Enterprises, Inc. , Serial No. 90372116 (April 26, 2023) [not precedential] (Opinion by Judge Martha B.

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Jury Clears Google In Long-Running $46M Data Patent Row

IP Law 360

A Delaware federal jury has let Google off the hook in multimillion-dollar litigation alleging its various smartphones and applications infringed a computer data systems patent and also has found that the technology giant showed the asserted claims were invalid.

Patent 75
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Claimed Ranges Overlapping the Prior Art Can Lead To Short Patent Shelf-Life

JD Supra Law

UCB, INC. v. ACTAVIS LABORATORIES UT, INC. Before Moore, Chen, and Stoll. Appeal from the U.S. District Court for the District of Delaware. Summary: District court legally erred by applying incorrect anticipation framework but correctly found that patent claiming a ratio range was obvious over prior art disclosing overlapping range.

Art 98
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Hip-Hop Streaming Site To Pay $50M To End Labels' IP Suit

IP Law 360

A hip-hop streaming service has agreed to pay $50 million and relinquish its web domain to resolve copyright allegations by Sony Music Entertainment, Warner Bros. Records, UMG Recordings and other major record labels, according to a judgment entered Wednesday in Georgia federal court.

Music 74
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Fixing Bill C-18: My Appearance Before the Senate Standing Committee on Transportation and Communication

Michael Geist

I was pleased to appear yesterday before the Senate Standing Committee on Transportation and Communication on Bill C-18. The discussion focused on a wide range of issues, including the risks of mandating payments for links, the non-compliance with international copyright obligations, why the CBC should not be included in the payment for links system, and how a fund would be a better approach.

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

The IPKat

May has just began and with it a new month of posts are incoming, but here’s what you missed from the IPKat last week! Designs Image by Alice Castro via Pexels Marcel Pemsel commented on the question how to prove disclosure on earlier designs, by considering that the most common way to establish disclosure is online evidence. Nonetheless, it was deemed to be challenging to establish this aspect.

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The Summer of "Deep Drakes": How Generative AI Is Creating New Music and Copyright Issues

JD Supra Law

With the summer season around the corner, people are wondering which artist will have the coveted "Song of the Summer for 2023." Last year, contenders included Harry Styles' earworm "As It Was," Lizzo's anthem "About Damn Time" or even Kate Bush's 1985 hit "Running Up That Hill," which experienced a resurgence following "Stranger Things" Season….

Music 52
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Informa Connect’s Standards & Patents conference returns to London with 15% IPKat readers’ discount

The IPKat

Kat-gathering The IPKat is pleased to report that the 'Standards & Patents: Law & Litigation' conference, organized by Informa Connect, returns to London (Leonardo Royal Hotel London St. Paul's) on 23-24 May. The conference features a line-up of expert speakers from companies such as Nokia, Phillips, Qualcomm, Dolby and ETSI. Participants will gain practical guidance that’ll help them navigate the rapidly changing standards and patents legal landscape.

Patent 57
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Willie Nelson’s Intellectual Property: A Mind as Rich as His Music

LexBlog IP

The world knows Willie Nelson as a musical icon, a cultural treasure, and a true American original. But there’s another side to the Red Headed Stranger that few know about: his deeply impressive intellectual property. In honor of the Red Headed Stranger’s 90th birthday, we’ll delve into the mind of this Grammy-winning, weed-smoking, bandana-wearing troubadour, revealing the untold story of Willie’s mental acuity and the rich cache of ideas hidden beneath that legendary ma

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Yuga Labs Scores Another Victory with Summary Judgment Win

JD Supra Law

In our prior post, we wrote about the closely-watched Yuga Labs v. Ryder Ripps case and how the defendants’ motion to dismiss and anti-SLAPP motion were denied. Since then, Yuga Labs has filed a motion for partial summary judgment seeking summary adjudication in its favor on a couple of its claims alleging false designation of origin and cybersquatting, as well as seeking dismissal of certain of defendants’ affirmative defenses and counterclaim.

Designs 52
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Anything You Can Do I Can Do Better: State NIL Laws Continue to Change

LexBlog IP

The NIL arms race continues as states amend their name, image, and likeness (NIL) laws to gain a competitive advantage. The new trend is to allow colleges and universities within the state to be more involved in the NIL process and protect them from NCAA punishment. These moves come after the NCAA’s first NIL-related infractions ruling. However, the various state laws and bills would allow for colleges and universities to be directly involved with NIL deals while avoiding NCAA punishment,

Law 52
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Fourth Circuit Confirms That ‘Gruyere’ is Generic for Cheese

JD Supra Law

The appellants, Interprofession du Gruyère and Syndicat Interprofessionnel du Gruyère, are two consortiums, Swiss and French, that regulate use of the term ‘gruyere’ to refer only to cheeses produced in the Gruyère district of Switzerland, or to cheeses produced according to traditional gruyere cheese production standards in Switzerland or France. In 2015 the consortiums filed an application with the US Patent and Trademark Office to register GRUYERE as a certification mark.

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Commission Calls for Stakeholder Views on Data Access Mechanism under DSA

LexBlog IP

Following the first designation of Very Large Online Platforms (“ VLOPS “) and Very Large Online Search Engines (“ VLOSE s”) under the Digital Services Act Regulation (“ DSA “) on 25 April 2023, the European Commission has now announced a call for evidence from stakeholders to inform proposed delegated acts on data access mechanisms.

Designs 52
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A Deepfake App Could Be in Deep Trouble with California Celebrities

JD Supra Law

A deepfake is an image or video of a person, often a celebrity, who has been digitally altered using an artificial intelligence (“AI”) application to appear to be someone else. Deepfake technology has the potential to be either a boon or a bane to celebrities.

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A step forward against greenwashing: the European Commission proposes the green claims directive

LexBlog IP

On 22 March 2023 the European Commission published a proposal for a Directive on Green Claims affecting commercial communications that associate products/services with environmental or ecological benefits. The proposal complements and specifies an earlier proposal for a Directive on empowering consumers for the green transition [1] , and is thus part of a framework of strategic initiatives and action policies adopted by the European Union (EU) in support of the circular economy, and aims to decr