Mon.Jul 19, 2021

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The American Music Fairness Act (AMFA): A Better and Fairer Solution for Performers than Just Seeking “National Treatment”

Hugh Stephens Blog

From the title of this draft legislation, introduced into the US House of Representatives in late June, you can surmise that something is unfair about music in America.

Music 246
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How to build a portfolio of trademarks

Erik K Pelton

Building a portfolio of trademarks begins with one. But many – if not most – businesses have several potential trademarks to put in their portfolio. Logos, slogans, product names, and more may be part of a portfolio. Below is what my trademark portfolio looks like – I like to practice what a I preach. In addition to our main business name and logo, we have protected the name of the blog and newsletter, several slogans, our software product, and more.

Trademark 130
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Grokking the Supreme Court’s TransUnion Decision

Technology & Marketing Law Blog

A class of plaintiffs sued the credit bureau TransUnion, alleging that they were improperly placed on a “watch list” that TransUnion offered to supplement credit reports. TransUnion’s watch list was designed to help businesses avoid transacting with people who were on the restricted list run by Treasury Department’s Office of Foreign Assets (OFAC). TransUnion implemented this service in a clumsy way by not disambiguating people who shared the same name.

Privacy 129
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PTAB Generally Affirms Eligibility Rejections

Patently-O

by Dennis Crouch. If affirmances by the Patent Trial and Appeal Board (PTAB) are any guide, patent examiners appear to now have a good handle on applying the PTAB eligibility examination guidance. I looked at PTAB patent eligibility decisions from the past month and found that examiner eligibility rejections were affirmed in 92% of cases (55 of 60 decisions).

Invention 126
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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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Historical Fake News?: Winkler v Hendley

IPilogue

Photo Credits: Tom Hermans (Unsplash). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . The Winkler v Hendley , 2021 FC 498 (“ Winkler ”) decision evokes the image at the beginning of a movie that states “Based on a true story….” Directors tend to state this at the beginning of a film to authenticate it. However, it is hard to imagine a director ever regretting this statement after the movie’s release.

Copyright 112
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The Law Bytes Podcast, Episode 95: Mark Phillips on the Federal Court of Canada’s Right to be Forgotten Ruling

Michael Geist

Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name.

Privacy 95

More Trending

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ColemanNation of a dream

Likelihood of Confusion

Yes, you can now get all the ColemanNation podcasts on YouTube! But you have to want to. The post ColemanNation of a dream appeared first on LIKELIHOOD OF CONFUSION™.

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Announcing the 2020-2021 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

IPilogue

IP Osgoode would like to congratulate the winners of the Gowling WLG Best Blog in IP Law and Technology Prize for 2020-2021. Four prizes in total are awarded each year to Osgoode students and the winning blog posts are featured in the IPilogue. Recipients also receive a $500 award, are announced at Convocation and receive a permanent notation on their official Osgoode transcript.

Blogging 106
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Tax Dos and Don'ts for Gig Workers

Legal Zoom

Don't let your gig work lead to a surprise tax bill. Follow these tax dos and don'ts for gig workers to prepare for taxes and lower your tax bill.

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A spicy relationship between Uber-like delivery services and the restaurants that feed them

JD Supra Law

When app-based food delivery services (like DoorDash or Grubhub) compete with restaurants, the competition can get “spicy”. Restaurants want to deliver high quality hot, fresh food that tastes good. Uber-type delivery services want to get as many orders as possible and compete with other app-based services to grow their restaurant portfolio as fast as possible.

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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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In-house wary of equivalents doctrine – here’s how they win

Managing IP

In-house lawyers from five companies reveal how expert witness selection and good planning can help businesses win on doctrine of equivalents claims

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Comics Go to School

Velocity of Content

During the pandemic year of 2020, many in lockdown turned to reading for escape, and book sales surged. That same impulse helped drive a substantial rise in comics and graphic novel sales in the U.S. and Canada for 2020, even though many retail outlets were forced to close for long periods. Librarians now recognize that access to comics spurs patron engagement and propels circulation, says Guy LeCharles Gonzalez , Chief Content Officer, LibraryPass , , a content gateway for K-12, Public, and Aca

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Narrow Auto-Dialing Definition Broadens Text

LexBlog IP

NARROW AUTO-DIALING DEFINITION BROADENS TEXT. I wrote this post last year, but the US Supreme Court has been busy since then addressing the Telephone Consumer Protection Act (TCPA). In April of 2021, they unanimously overturned the Ninth Circuit’s broad interpretation of an autodialer in Facebook v. Duguin. The opinion states that a notification system that neither stores nor produces numbers “using a random or sequential number generator” is not an autodialer. “In sum, C

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Recategorization of Patent Applicants and Implementation Barriers to Rule 7(3) of The Patents Rules 

Selvam & Selvam Blog

The Patents (Second Amendment) Rules, 2020 (hereinafter referred to as the ‘amendment rules’) that came into force on November 4, 2020, primarily recategorized the Applicants and the fees paid by them for filing and prosecution of a patent. Presently, the amendment has classified applicants into two classes (i)natural person(s) or startup(s) or small entit(y)/(ies) and (ii) Other(s) alone or with natural person(s) or Startup(s) or Small entit(y)/(ies).

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Patent Owner Uses FWD Cancelling Claims as a Sword & Shield

LexBlog IP

FWD Statutory Estoppel vs. Collateral Estoppel. In designing the America Invents Act (AIA), statutory estoppel of 35 U.S.C. § 315(e)(2) was set to by legislators to attach at the time of the PTAB’s Final Written Decision (FWD). This is despite the fact that further appeals are routine. This statutory design was responsive to the previous criticism of inter partes reexamination estoppel, which attached only after all appeals were exhausted.

Patent 52
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New law of trademark dilution

Likelihood of Confusion

My old friends at Kaye Scholer (link fixed!) give you the skinny on the new Trademark Dilution Act. Bottom line: Good for big companies. Not so good for defendants. Originally posted. The post New law of trademark dilution appeared first on LIKELIHOOD OF CONFUSION™.

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Batman Found A New Enemy: Furniture Trademark Registrations

LexBlog IP

IPNews® – On July 14, 2021, DC Comics, the creator of famous superheroes, submitted a trademark opposition against a trademark application for “Dark Night.” The company that filed this application, Anji Mingsheng Furniture Co., Ltd., mentions a founding date of 2000 on their website and request registration for Dark Knight in association with armchairs and other furniture.

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[Audio] Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)

JD Supra Law

Jerich Beason is joined by Don Dennis, who is an attorney focusing on copyright and trademark infringement, Internet law, defamation, trade secret misappropriation, data security breach, and privacy law. Jerich and Don discuss what escrow software is, why it matters to the legal industry, and how it can be used to protect important data.

Privacy 52
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For Smaller Landlords, Rent Moratoriums Just Pass The Payment Buck Up The Chain

GDB Firm Blog

Keep living in an apartment without paying rent? In the "before times," it would have been unthinkable — at least without a concerted legal battle with an angry landlord. During the COVID-19 pandemic, though, all that went out the window.

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[Video] Five Impactful USPTO Procedural Developments for Patent Practitioners

JD Supra Law

As the world pivoted to navigate obstacles brought on by the COVID-19 pandemic, the USPTO not only adapted to address the challenges, but appeared to make the most of this period by improving existing procedures. Partner Kimberlynn Davis summarizes five procedural developments that have greatly impacted U.S. prosecution, and in many instances, improved the experience for USPTO customers.

Patent 52
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Another Gaming Patent Struck Down as Ineligible

LexBlog IP

Bot M8 LLC, a patent assertion entity, was unsuccessful in its effort to have the Federal Circuit reverse the lower court’s invalidity finding related to one of six different patents asserted against Sony in Northern District of California. In fact, the Federal Circuit was so unpersuaded by Bot M8’s arguments that it devoted less than a page of the 25-page opinion to this portion of the appeal.

Patent 52
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Seventh Circuit Affirms Denial of Fees for Trademark Infringement Case

Indiana Intellectual Property Law

Chicago, Illinois – Chicago is apparently home to two hotels named “Hotel Chicago.” The first, owned by plaintiff/appellee, LHO Chicago River, LLC (“LHO”) was allegedly named in 2014. The second hotel, owned by defendants/appellants Rosemoor Suites, LLC, Portfolio Hotel & Resorts, LLC and Chicago Hotel, LLC (collectively “Rosemoor”), was apparently renamed to “Hotel Chicago” in 2016.

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USPTO Issues Guidance on Prophetic Examples

JD Supra Law

On July 1, the USPTO published a notice in the Federal Register with guidance regarding the proper presentation of prophetic and working examples in a patent application. Prophetic examples (sometimes referred to as “paper examples”) describe experiments that have not been performed and may also describe predicted or simulated results. A working example, in contrast, is one that describes work actually performed or experimental results actually achieved.

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With the UK out of the picture, the UPC needs a local division based in Ireland

IAM Magazine

A common law tradition, close links to the US and native English language capabilities mean a Dublin-based court would greatly improve the pan-EU court’s attractions.

Law 52
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Judge Andrews Denies Defendant’s Motion To Exclude Plaintiff’s Expert Witness Testimony Relating To The Testing Of The Accused Infringing Products

JD Supra Law

By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. 2Wire, Inc., Civil Action No. 13-1835-RGA (D.Del. July 14, 2021), the Court denied Defendant’s motion to exclude the testimony of Plaintiff’s expert witness relating to the testing of the accused infringing products with regard to the Family 4 Patents.

Patent 52
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Apple's threat to leave UK market over SEP dispute should not be dismissed as a bluff

IAM Magazine

In FRAND dust-up with Optis, the iPhone maker has raised the stakes and that could end with the British government getting involved.

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CAFC Patent Cases - July 2021

JD Supra Law

IN RE: SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., LG ELECTRONICS INC., LG ELECTRONICS USA, INC. [OPINION] (2021-139, 2021-140, 6/30/2021) (Lourie, Dyk, Reyna) - Dyk, J. Granting the writs of mandamus and directing the district court to grant petitioner’s motions to transfer. On the issue of whether these cases “might have been brought” in the Northern District of California, the district court erred by disregarding the pre-litigation acts by Plaintiffs aimed at.

Patent 52
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Small Business Taxes Everything You Need to Know

Legal Zoom

Let's take another look at everything you need to know about taxes and small business.

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Singapore banking on regional IP rise and dispute resolution to cement its hub status

IAM Magazine

An update to the country’s strategy recognises that facilitating ASEAN's patenting development is key.

IP 52
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Clive Cops $1M in Additional Damages for Copyright Infringement

IP Whiteboard

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). Justice Katzmann’s 533 paragraph judgment in Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 makes not only for an entertaining read but demonstrates that Courts will not tolerate those who disregard the regime of copyright protection established under the

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TTAB Gives District Court Judgment Only Partial Res Judicata Effect, Strikes 8 of 10 Affirmative Defenses in EASYLING Cancellation Proceeding

The TTABlog

Having successfully defeated an action for unfair competition brought in the Massachusetts federal court, Respondent Skawa Innovation moved for summary judgment in this cancellation proceeding that had been suspended pending the outcome of the litigation. Petitioner Smartling sought cancellation of a registration for the mark EASYLING (standard form) for a wide range of services, including language interpreter services, on the grounds of likelihood of confusion with its registered mark SMARTLING

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With the UK out of the picture, the UPC needs a local division based in Ireland

IAM Magazine

A common law tradition, close links to the US and native English language capabilities mean a Dublin-based court would greatly improve the pan-EU court’s attractions.

Law 40
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What Are Estimated Quarterly Tax Payments?

Legal Zoom

Quarterly estimated tax payments are one way the IRS makes sure you pay-as-you-go. Here's an easy guide to help you get it right.

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Apple's threat to leave UK market over SEP dispute should not be dismissed as a bluff

IAM Magazine

In FRAND dust-up with Optis, the iPhone maker has raised the stakes and that could end with the British government getting involved.

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SpicyIP Weekly Review (July 12 – 18)

SpicyIP

Topical Highlight. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified fi