Hugh Stephens Blog
OCTOBER 29, 2021
The Institute for International Communications (IIC) annual meeting held recently in the UK (London, October 5-7) featured, among other topics, a “streaming video roundtable”, an informative discussion of the issues surrounding growth of the VOD sector in the current regulatory climate.
Erik K Pelton
OCTOBER 29, 2021
The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. This is a legal standard, but it is at the same time highly subjective. Often, if you ask a group of people, “Are these two marks, given the circumstances, likely to be confused?
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TorrentFreak
OCTOBER 29, 2021
For more than a decade the Hadopi (High Authority for the Distribution of Works and the Protection of Rights on the Internet) anti-piracy agency was France’s official response to the threat of peer-to-peer file-sharing. The anti-piracy body pioneered the so-called “graduated response” system back in 2010, with Hadopi tracking down copyright infringers using mainly BitTorrent networks and then warning, fining, or even disconnecting them.
JD Supra Law
OCTOBER 29, 2021
This is the October edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: DOMAIN NAME INDUSTRY NEWS.SPA springs to life New.ZUERICH extension CIRA partners with ScamAdviser to combat fraudulent sites.
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?
TorrentFreak
OCTOBER 29, 2021
Back in July we reported that the Alliance for Creativity (ACE) and the Motion Picture Association (MPA) had obtained a DMCA subpoena compelling Cloudflare to hand over the personal details of sports streaming service HeHeStreams. Soon after, the site – which in the main facilitated access to MLB, NBA, NFL, and NHL content – disappeared and began redirecting to ACE.
JD Supra Law
OCTOBER 29, 2021
By now you may have heard about NFTs: the new cryptographic asset that is having a major impact in many industries and is likely to continue to do so for many years. Christies sold an NFT of digital artwork for $69 million.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
OCTOBER 29, 2021
On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright reversion made by Victor Miller, the screenwriter of Friday the 13th, seeking the reversion to the rights in the screenplay to the popular horror film.
IPilogue
OCTOBER 29, 2021
IP Osgoode and the Intellectual Property Institute of Canada (IPIC) are thrilled to announce the winners of the annual edition of Canada’s IP Writing Challenge : In the Law Student category, Leandra Keren of Queen’s University won for her entry on “Children’s Right to Parental Privacy” In the Graduate Student category, Lindsay Paquette of Osgoode Professional Development won for her entry, “Bill C-15 and the United Nations Declaration on the Rights of Indigenous People
Managing IP
OCTOBER 29, 2021
Circuit Judge Kara Stoll, Angela Sebor at Tolmar, Andrea Evans at Evans IP Law and Robert Stoll at Faegre Drinker delved into their professional journeys
JD Supra Law
OCTOBER 29, 2021
On September 27, 2021, the Ontario Superior Court of Justice granted Pfizer’s motion for summary judgment and dismissed Apotex’s claims for treble damages and double costs under the Ontario and English Statutes of Monopolies, Trademarks Act, and common law torts of conspiracy, unjust enrichment and nuisance: Apotex Inc v Pfizer Ireland Pharmaceuticals, 2021 ONSC 6345.
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.
Copyright Alliance
OCTOBER 29, 2021
In a couple of days, you might see armies of children and adults alike donning their spookiest Halloween masks – like the iconic mask from the Scream horror film franchise. […]. The post Easter Unlimited, Inc. v. Rozier: The Scary (Terry) Fair Use Decision appeared first on Copyright Alliance.
JD Supra Law
OCTOBER 29, 2021
This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. CDK GLOBAL LLC v. BRNOVICH - The Court holds that plaintiffs were unlikely to succeed in showing that the Arizona legislature’s Dealer Law—a statute aimed at strengthening privacy protections for consumers whose data is collected by car dealers and restricting.
IP Law 360
OCTOBER 29, 2021
A multibillion-dollar battle between the purported inventor of bitcoin and the estate of a deceased computer forensics expert kicks off Monday in Miami, where a federal jury will be asked to determine the nature of the two men's partnership in a trial that could shed some light on the murky origins of the cryptocurrency.
JD Supra Law
OCTOBER 29, 2021
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013 newsletter for information as to what the Sunrise period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.
IP Watchdog
OCTOBER 29, 2021
This week in Other Barks & Bites: the Federal Circuit issues a partial remand asking the Trademark Trial and Appeal Board (TTAB) to analyze the distinctiveness of the “BROOKLYN BREW SHOP” trademark; the Copyright Royalty Board finalizes its ratemaking determination for statutory licenses on digital performances of sound recordings; China’s IP administration issues draft regulations that would allow foreign patent agencies to open representative offices in China; a joint communiqué between m
JD Supra Law
OCTOBER 29, 2021
In a recent decision, the Patent Trial and Appeal Board granted institution of inter partes review after accepting the Petitioner Microsoft’s stipulation to forego overlapping challenges in parallel district court proceedings conditioned upon institution of IPR. Microsoft Corp. v. D3D Tech., Inc., IPR2021-00647, Paper 10 (PTAB Sept. 1,….
The IPKat
OCTOBER 29, 2021
Readers may remember from the IPKat in conversation with Tim Moss , CEO of the UK Intellectual Property Office (IPO) that the IPO is continuing their consideration of artificial intelligence (AI) and intellectual property, which launched last year with a call for views and Government Response on AI and IP. Following on from this, the government has today - Friday 29th October - announced the launch of a new consultation specifically on how the copyright and patent systems should deal with?
JD Supra Law
OCTOBER 29, 2021
Courts have uniformly barred patent holders producing goods through subsidiaries from claiming their full amount of lost profits due to patent infringement. The court in St. Jude Medical, Inc. v. Access Closure, Inc. was the first-and currently the only-court to allow a parent corporation to seek damages based on its subsidiaries' lost profits. Originally published by SMU Science and Technology Law Review.
IP Law 360
OCTOBER 29, 2021
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Columbia Pictures is trying to scare off a "@Karenbusters" trademark application, citing its registrations for the "Ghostbusters" movie franchise — plus four other cases you need to know about.
IAM Magazine
OCTOBER 29, 2021
Saturday Opinion : Video codec licensing platforms must be inclusive, efficient and avoid the siren song of content distribution fees, argues Access Advance CEO Pete Moller.
JD Supra Law
OCTOBER 29, 2021
Genus claims have long been an important component of patent strategy, extending coverage around a lead compound to stop would-be competitors. Recent decisions from the Federal Circuit, however, highlight a tightening standard for written description and enablement of genus claims for biologic inventions, leading some legal scholars to proclaim the “death of the genus claim.
Art Law Journal
OCTOBER 29, 2021
Artist Borbay shares his approach for pricing artwork and reveals the secrets behind his popular contemporary art pricing chart. The post Pricing Artwork with Borbay’s Contemporary Art Pricing Chart appeared first on Art Business Journal.
The IPKat
OCTOBER 29, 2021
WIPO for Creators is an open public–private partnership launched by the World Intellectual Property Organization (WIPO) and the Sweden-based Music Rights Awareness Foundation. WIPO for Creators aims to raise awareness and increase knowledge of creators’ rights and related management practices, ensuring recognition and fair reward for all creators regardless of their geographical, cultural or economic conditions.
U.S. Department of Commerce
OCTOBER 29, 2021
Cybersecurity Month: NIST Cybersecurity Framework and the Benefits of a Unified Approach in Securing our Cyberspace. October 29, 2021. KCPullen@doc.gov. Fri, 10/29/2021 - 12:00. Cybersecurity. Graphic on Cybersecurity Awareness Month. Since 2004, October has been recognized as Cybersecurity Awareness Month. Every year, the National Cyber Security Alliance, and the Department of Homeland Security raise awareness about the importance of cybersecurity in our country.
Technology & Marketing Law Blog
OCTOBER 29, 2021
This is the latest update in Nicosia’s multi-year lawsuit against Amazon. That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). The district court found Nicosia was bound by the arbitration agreement in Amazon’s terms of service. The Second Circuit affirmed this decision. He now asks the district court to modify and vacate its ruling because Amazon has since eliminated its mandatory arbitration clause.
IP Law 360
OCTOBER 29, 2021
Nixon Peabody LLP lawyers asked a Manhattan federal judge on Thursday to recoup $77,000 they spent defending Emily Ratajkowski's company from a paparazzo's copyright lawsuit over a photograph the model posted to her Instagram feed.
IAM Magazine
OCTOBER 29, 2021
Report suggests juries are granting large awards in US district courts’ first post-lockdown trials.
IP Law 360
OCTOBER 29, 2021
The Federal Circuit ruled Friday that another heart monitor patent that Philips unit CardioNet accused InfoBionic of infringing is invalid for claiming only an abstract idea, holding that a lower court wrongly found that the invention was patent-eligible because it is tied to a machine.
43(B)log
OCTOBER 29, 2021
In case you're looking for a roadmap for leave to amend: Ideavillage Products Corp. v. Copper Compression Brands LLC, 2021 WL 5013799, No. 20 Civ. 4604 (KPF) (S.D.N.Y. Oct. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim.
The TTABlog
OCTOBER 29, 2021
The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled eight (VIII) oral hearings for the month of November 2021. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. November 2, 2021 - 10 AM: In re Garan Services Corp. , Serial No. 88674888 [Section 2(d) refusal of MATCH STUDIO for "clothing, namely, tops and bottoms," in view of the mark MATCH in standard character and design form for overlapping cloth
Managing IP
OCTOBER 29, 2021
Koh’s nomination advances; US’s $100m patent infringement blow; IBA considers compulsory licences; Cleveland Indians in name dispute; High Court targets ISPs; JPO launches manga guidelines; EUIPO issues e-commerce counterfeit warning
JD Supra Law
OCTOBER 29, 2021
The United States Court of Appeals for the Second Circuit recently affirmed a decision by the District Court for the Southern District of New York, finding that refurbished antique watches retaining an original manufacturer’s trademark and sold by a third-party defendant were not infringing. According to the appellate court, the watches’ origins were adequately disclosed and the defendant sufficiently disassociated itself with the trademark holder such that confusion was unlikely.
Art Law Journal
OCTOBER 29, 2021
Striking the right chord when pricing artwork is tricky to maneuver, especially because overpricing your work versus undervaluing yourself as an artist seems like it’s a very fine line. What’s more, there’s not a dearth of useful information on the topic. In fact, it’s quite the opposite: there’s too much alternative information out there. As if completing a project isn’t difficult enough, many artists find themselves seriously stuck when they begin establishing their initial market or when look
Fish & Richardson Trademark & Copyright Thoughts
OCTOBER 29, 2021
Volunteer Legal Services of Central Texas (VLSCT) recently named Fish & Richardson the recipient of the organization’s 2021 Joseph H. Hart award. Awarded annually since 1999, the Joseph H. Hart award honors firms that demonstrate integrity and commitment to providing legal assistance for the less fortunate. Founded in 1981, VLSCT is a non-profit organization dedicated to providing no-cost legal services to low-income people facing a wide range of critical legal concerns, including issues rel
IP Law 360
OCTOBER 29, 2021
A California federal judge expressed skepticism Friday at cybersecurity firm Proofpoint Inc.'s bid for exemplary damages that would nearly double a $14 million verdict after a jury found Vade Secure maliciously stole Proofpoint's trade secrets, saying she's struggling to see how the jury reached its finding that Vade Secure acted with malice.
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