Fri.Feb 18, 2022

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Trademark protection for non-profits

Erik K Pelton

Non-profits benefit from trademark protection too, it is vital for them as it is for any other business. For more, see. More Peltonisms® at [link]. The post Trademark protection for non-profits appeared first on Erik M Pelton & Associates, PLLC.

Trademark 162
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US Govt Identifies Top Pirate Sites and Other ‘Notorious Markets’

TorrentFreak

In its yearly “Out-of-Cycle Review of Notorious Markets”, the United States Trade Representative (USTR) lists a few dozen websites said to be involved in piracy or counterfeiting. The overview is largely based on input from copyright industry groups, including the RIAA and MPA, that submitted their recommendations late last year. According to USTR, the annual overview aims to motivate the private sector and foreign governments to reduce piracy.

Marketing 131
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Other Barks & Bites for Friday, February 18: Georgia Supreme Court Affirms Dismissal of Keyword Theft Claims, Eleventh Circuit Reverses Trade Secret Claim Dismissal and EUIPO Reports 200,000 Trademark Applications Filed in 2021

IP Watchdog

This week in Other Barks & Bites: the Fifth Circuit affirmed Texas A&M’s sovereign immunity win over “12th Man” copyright claims; the EUIPO reported that 2021 ended with more than 200,000 EU trademark applications filed at the agency; DoorDash reported that it received a record number of consumer delivery orders during the fourth quarter of 2021; the Eleventh Circuit reversed a district court’s dismissal of trade secret claims after finding that it improperly applied Alabama state law

Reporting 116
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MPA, Amazon & Apple Win Injunction To Shut Down Two Pirate IPTV Services

TorrentFreak

In December 2021, movie and TV giants Universal, Disney, Paramount, Warner and Columbia joined Netflix, Amazon, Apple and several other studios in a copyright infringement lawsuit against Texas resident Dwayne Anthony Johnson. The plaintiffs alleged that Johnson (and Does 1-20) are the brains behind pirate IPTV providers AllAccessTV (AATV) and Quality Restreams.

Copyright 121
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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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Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers

JD Supra Law

In what could be one of the biggest NFT cases to arise so far, Nike has sued resale marketplace StockX for trademark infringement in the Southern District of New York, claiming that StockX is selling NFTs that display Nike’s trademarks without Nike’s permission. In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.”.

Branding 105
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Art Not Made By Humans Can't Be Copyrighted, Office Says

IP Law 360

The U.S. Copyright Office's three-person appeals board has said it won't depart from "a century of copyright jurisprudence" and grant a copyright to an AI machine for a computer-generated image of a bleak landscape called "A Recent Entrance to Paradise" in an effort to simulate the experience of a dying brain.

More Trending

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Protecting the Creative Outlaws: Graffiti in the United States

Intellectual Property Brief

As an explosive cultural phenomenon that actively shapes the urban environment, graffiti has a conflicting relationship with the law. This blog explores the relationship between the outlaw nature of graffiti and the intellectual property laws that attempt to provide protection thereof.

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Get woke or go broke

Likelihood of Confusion

As my friend Vivek Ramaswamy explains, it really makes perfect economic sense. But as a matter of culture, would SNL dare do this 2017 bit in 2022? The post Get woke or go broke appeared first on LIKELIHOOD OF CONFUSION™.

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Dish Wants $3.5M Default Win In Arabic Channel Theft Case

IP Law 360

Dish Network is asking a Texas federal court to declare it the winner by default in a $3.4 million fight over a website that the satellite company says has been illegally providing access to Arabic language television channels that it has exclusive rights to.

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NHK-Fintiv Frustration: Status of the Current Challenges and the Uncertain Fate of the PTAB’s Discretionary Denial of IPRs

JD Supra Law

Several challenges have been made recently to the Patent Trial and Appeal Board’s (“PTAB’s or Board’s”) controversial practice of denying inter partes review (IPR) petitions based on the status of parallel infringement litigation involving the same claim. The so-called NHK-Fintiv rule, resulting from Board-designated precedential cases in 2018 and 2020, allows the PTAB to decline review of a patent based on several discretionary factors, including whether the patent is being asserted in ongoing.

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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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Legal Effects of COVID-19 TRIPS Waiver

Intellectual Property Brief

A recent report published by the South Centre discusses the effects of the WTO TRIPS waiver due to its integration with international trade and investment agreements.

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Walter Dellinger's Little-Known, Outsize Impact On Legal Aid

IP Law 360

The late Walter Dellinger’s pro bono work distinguishes him forever, but his greatest moment involved a little-known U.S. Supreme Court case, Brown v. Legal Foundation of Washington, which helped preserve one of the largest sources of legal aid funding — and Dellinger’s arguments were as magical as the program he helped save, says David Lash at O'Melveny.

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WIPIP 2022, Session 2 (TM and a bit of copyright)

43(B)log

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Assumptions about accuracy, reliability and value of reputation are blithe/unsubstantiated. How is reputation constructed in law? Regard that consumers have for a quality of a firm and its products. Heart of the paper: looking at how consumers obtain and process reputation information; how firms cultivate reputation; and how info intermediaries attempt to solve some of the problems/failures of r

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Disney Urges 9th Circ. To Nix Evel Knievel Trademark Suit

IP Law 360

Disney and Pixar urged the Ninth Circuit to reject a bid from a company that owns the intellectual property rights to famous American stuntman Evel Knievel to revive its trademark lawsuit alleging that a "Toy Story 4" character was a knockoff of the daredevil's persona.

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WIPIP 2022, Session 4 IP theory

43(B)log

WIPIP 2022, Session 4 Michael Meurer IP Protection of Business Knowledge Since Bilski: First, business method patent protection is a lot less significant for today’s innovators. Second, we have a lot more information about the costs of protection. Giles Rich lamented that diaper service, a great invention, was not patentable in 1960; then he eventually got his way in 1999.

IP 59
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Fed. Circ. Backs PTAB Findings For Zaxcom Patents

IP Law 360

The Federal Circuit on Friday upheld Patent Trial and Appeal Board rulings that found three Zaxcom Inc. wireless audio recording technology patents were invalid, but which also allowed Zaxcom to amend the patents in challenges from Lectrosonics Inc., keeping the patents alive.

Patent 75
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"trusted," "fresh regional ingredients," and "biologically appropriate" were dog food puffery

43(B)log

Renfro v. Champion Petfoods USA, Inc., No. 20-1274 (10th Cir. Feb. 15, 2022) The court of appeals affirmed the dismissal of Colorado consumer class action claims against Champion’s advertising of its dog food. Champion marketed its Orijen product as “Biologically Appropriate” dog food that contained the “richness, freshness, and variety” of meats dogs were “evolved to eat” and that would “nourish as nature intended.

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Rolling Paper Co., Rival Spar Over Fine For CEO In IP Row

IP Law 360

The company that makes Raw rolling papers has urged an Illinois federal court not to fine its CEO for posting a video on social media relating to its intellectual property dispute with a rival amid a trial in the case, while the same rival asked the court to refer the matter for criminal contempt proceedings.

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TTABlog Test: How Did These Four Section 2(d) Appeals Turn Out?

The TTABlog

As of one week ago, the Board had considered 29 appeals from Section 2(d) refusals this year and affirmed every one of them. Here are the latest four decsions. Has the streak been broken? How do you think they turned out? [Answers in first comment]. In re Gruma Corporation , Serial No. 88863832 (February 11, 2022) [not precedential] (Opinion by Judge Michael B.

Designs 58
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EU Challenges China's Anti-Suit Injunctions For SEPs At WTO

IP Law 360

The European Union on Friday accused China of violating an international trade agreement by keeping key information private and letting its courts grant anti-suit injunctions, which bar parties in disputes over standard essential patent licensing from suing in other countries.

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WIPIP 2022, Serving underserved communities via IP Clinics

43(B)log

Elizabeth Townsend Gard (co-moderator) Leah Chan Grinvald (co-moderator) Lolita Darden Jordi Goodman Emma Perot Gard: Trend for entrepreneurial clinics that cover all kinds of IP along with other things. CASE Act: called for comments on clinic participation in this new system: will it work for a clinic timeline? Darden: IP and Entrepreneurship clinic, very broad.

IP 61
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They Are Not Called "Consequential Damages" For Nothing

GDB Firm Blog

In order to be recoverable, damages resulting from a breach of contract must have arisen "as a consequence" of the breach. But "consequential damages" are a horse of a different color, and not so easily understood. A recent case reminds us why the courts treat them quite differently.

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Apple, Ericsson Facing ITC Probes Before 2023 FRAND Trials

IP Law 360

The U.S. International Trade Commission agreed to review whether Apple and Ericsson's imports are infringing the other company's patents, just as Texas district court trials between them over 5G patent licensing negotiations were scheduled for the summer of 2023.

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Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: SynQor, Inc. v. Vicor Corp., 988 F.3d 1341 (Fed. Cir. 2021)

JD Supra Law

SynQor, Inc. appealed the inter partes reexamination decision of the Patent Trial and Appeal Board (Board) holding un- patentable as obvious original claims 1–19, 28, and 31 of SynQor’s patent, U.S. Patent No. 7,072,190 as well as newly presented claims 34–38, which were proposed during the reexamination proceeding. The U.S. Court of Appeals for the Federal Circuit found that decisions the Board made in previous reexamination proceedings precluded finding claims 1–19, 28, and 31 obvious based on

Patent 52
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A Return to Substance: The 8th Public Commission Meeting Kicks Off Yet Another Mag-Moss Rulemaking

LexBlog IP

Having recovered from the exceedingly lackluster seventh Federal Trade Commission (FTC) meeting , the two-hour eighth meeting had actual votes and a bit of drama. But be careful what you ask for. We highlighted the lack of consumer turnout at the last meeting, and that was certainly not the case this month – even members of Congress attended. So how did things roll out at the meeting?

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IP Hires: Meta, Perkins Coie, Haynes and Boone

IP Law 360

A former associate at Gibson Dunn has been tapped to lead Meta's intellectual property litigation team, and a Jones Day intellectual property attorney with a Ph.D. in neuroscience from the University of Michigan Medical School has joined Perkins Coie's Washington, D.C., office. Here are the details on these and other notable hires.

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Crowell & Moring Webinar Recap: “2021 Trade Secrets Year in Review and What Lies Ahead”

LexBlog IP

Crowell & Moring presented a webinar discussing the most influential trade secret cases from 2021 along with new legal developments, including non-compete legislation and trade secret maintenance. Partner Astor Heaven and Counsel Raija Horstman kicked off the conversation to discuss modern trade secret protection under the DTSA and the biggest damages from jury verdicts in 2021.

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Rule Changes Under the Trademark Modernization Act

JD Supra Law

Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The new rules and procedures are multifaceted and address several aspects of trademark law, both with respect to litigation and USPTO practice.

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Certified privacy professional to lead Porter Wright’s international practice team

LexBlog IP

Porter Wright is proud to announce that international business and privacy & data security attorney Katja Garvey has been elevated to serve as chair of the firm’s International Business & Trade Practice Group. As chair, she will work alongside the 40 attorneys on the team to uphold client service, develop business strategy, expand global connections and distribute critical legal updates.

Privacy 52
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Fintiv in Decline?

JD Supra Law

In 2020, the Patent Trial and Appeal Board (“PTAB”) announced six factors to be used in determining whether to institute an inter partes review (“IPR”) when a fast-moving parallel district court litigation could determine the validity of a patent before the PTAB’s final written decision would be due. The factors were termed the “Fintiv factors” after the primary decision setting forth the analysis—Apple Inc. v.

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Europe is set to become an even greater focus for global IP strategists

IAM Magazine

Saturday opinion : IAM’s new Europe editor Adam Houldsworth outlines some of the key developments making the continent a must-watch for patent professionals around the world.

IP 52
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Opinion: Cagey lawyers, now there’s no excuse not to share court claims!

Managing IP

Guidance from the England and Wales High Court that court documents should be public is a welcome move amid regular caginess from lawyers in IP trials

IP 52
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Comment period on reform of the EU’s SEP and FRAND system now open

IAM Magazine

The Commission has invited contributions from all interested parties, but there are potential problems in the way that it has framed the debate.

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How counsel can seal CRISPR collaboration deals

Managing IP

Sources at Mammoth Biosciences, ERS Genomics, and several law firms set out the IP considerations behind CRISPR agreements

IP 52
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We have exceeded our $1.3 billion 2019-2021 patent royalties target, Huawei IP head reveals

IAM Magazine

In part one of an exclusive interview with IAM, Alan Fan talks licensing strategy, 5G rates, pools and a restructuring of his team.