Mon.Sep 27, 2021

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When Joke Theft Becomes Serious

Plagiarism Today

In September last year, UK comedian Kae Kurd took to the stage on Jonathan Ross’ Comedy Club to perform a short routine in front of a national audience. As part of that routine , Kurd told a joke about a smart refrigerator that was texting and annoying him while he was out with his friends. That particular joke caught the attention of another UK comedian, Darius Davies, who felt that the joke was very similar to his work.

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The Growing Threat of Trademark Scams – article published by ABA

Erik K Pelton

I recently co-wrote and article with Olivia Muller about the never ending threat of trademark scams. In the article we detail the scams and how they operate and what they look like, we discuss what is being done about them, and we propose some additional measures that could help defeat them. “Such scams can potentially cause businesses to waste thousands of dollars, which can be financially fatal for smaller operations.

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3 Count: Avengers Disassemble

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Marvel Sues to Prevent Losing Copyrights to ‘Avengers’ Characters. First off today, Tin Baysinger at The Wrap reports that Marvel has filed a series of five lawsuits that challenge the copyright termination notices filed by heirs of famed creator Stan Lee in hopes of retaining the rights to some of its most popular characters.

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ROM & Emulation Site Pleasuredome Shuts Down After 15 Years of Gaming

TorrentFreak

Sometime in 2004, a new site appeared hoping to provide a better service to fans of the growing video emulation scene. Acting as both a source and index for ROM and losslessly compressed CHD files (for the MAME emulator), Pleasuredome made emulation resources more accessible, supported by a growing community. Right off the bat, Pleasuredome was billed as the home of the MameFTPGroup, a reference to the most popular emulator of the time and FTP, the-then favored format for file transfers.

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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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Book review: The Intelletual Property of Nations

The IPKat

This is a review of The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution by Laura R. Ford - Assistant Professor of Sociology at Bard College, New York. In this book, Laura Ford draws on macro-historical sociological theories, to trace the development of intellectual property from antiquity to the modern nation-state system, showing how this infrastructure of power emerged.

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Cox Plans to Challenge $1 Billion Piracy Verdict Over ‘Concealed Evidence’

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came three years ago when the Internet provider lost its legal battle against a group of major record labels. $1 Billion Verdict. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages.

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CVC Files Reply to ToolGen Opposition to CVC Preliminary Motion No. 1

JD Supra Law

On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 1 in Interference No. 106,127 (which names ToolGen as Senior Party), asking the U.S. Patent and Trademark Office's Patent Trial and Appeal Board for benefit of priority to U.S.

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Google Must Face $2B Suit Alleging Unauthorized Ads

IP Law 360

A California federal judge kept intact the bulk of a proposed class action Friday alleging Google made more than $2 billion from unauthorized advertisements placed over websites viewed on Android phones, rejecting Google's argument that its advertisement practices are protected under the First Amendment and the Copyright Act.

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[Video] Proof in Trial | A Hogan Lovells podcast series

JD Supra Law

Subscribe and listen to Proof in Trial here: [link] A wrongful conviction that led to a death row sentence; a politician fighting to save his reputation; a tech company whose trade secrets were stolen; a merger to sustain a hospital serving a vulnerable community. In this podcast series, some of the best trial lawyers in the business share the inside stories of their most high-profile and dramatic cases.

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3 Lessons in Innovation from the Foodservice Industry

IP.com

When COVID-19 upended the foodservice industry in early 2020, restaurants were forced to get creative in order to survive. Many resulting innovations, which benefit both restaurants and customers, will likely. The post 3 Lessons in Innovation from the Foodservice Industry appeared first on IP.com - IP Innovation and Analytics.

IP 97
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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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For the Third Time, a Second Circuit Panel Dismisses an Online Account Termination Case–Domen v. Vimeo

Technology & Marketing Law Blog

A 3-judge panel has issued its third opinion in Domen v. Vimeo, a lawsuit alleging that Vimeo committed unlawful discrimination by terminating his account. How does an appellate panel reach a third opinion in the same case? It issued its original opinion , substantially revamped the opinion following a rehearing request, and then substantially revamped the revamped opinion again following another rehearing request.

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Embracing ESG: United Natural Foods GC Talks Bottom Line

IP Law 360

In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

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The Law Bytes Podcast, Episode 102: Colleen Flood on the Legal, Ethical and Policy Implications of Vaccine Passports

Michael Geist

Vaccine passports or certificates launched in Ontario last week, a development welcomed by some and strongly opposed by others. The launch raises a myriad of legal, ethical, privacy, and policy issues as jurisdictions around the world grapple with the continued global pandemic and the unusual requirements of demonstrating vaccination in order to enter some public or private spaces.

Law 81
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Commerce Secretary Raimondo Stresses America’s Road to Recovery Runs Through Nation’s Minority Business Community at Annual MED Week Conference

U.S. Department of Commerce

Commerce Secretary Raimondo Stresses America’s Road to Recovery Runs Through Nation’s Minority Business Community at Annual MED Week Conference. September 27, 2021. KCPullen@doc.gov. Mon, 09/27/2021 - 10:28. Minority business growth. Commerce Secretary Gina Raimondo Addresses the 2021 National Minority Enterprise Development (MED) Week Conference. On Monday, September 20, 2021, Commerce Secretary Gina Raimondo opened the Minority Business Development Agency’s (MBDA) annual National Minority Ente

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Valve Escapes $6.5M Fee Bid In Game Controller IP Row

IP Law 360

A Washington federal judge shot down a bid by Ironburg Inventions Monday to scoop up $6.5 million in attorney fees on top of a $4 million jury verdict holding that Valve infringed Ironburg's controller patents, saying Valve's conduct in the case wasn't unreasonable.

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Leveraging a Family Business to Effect Positive Change

Legal Zoom

Through GenFree LLC and non-profit Ready for the World, Mark and Victoria Thompson are creating a family legacy and supporting their community.

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Dr. J Sues In Del. Over Alleged Brand Management Breaches

IP Law 360

Basketball great Julius Erving II — Dr. J — has slam-dunked brand and intellectual property giant Authentic Brands Group with fraud, breach of contract and related counts in a heavily redacted six-count suit made public in Delaware's Chancery Court late Monday.

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Second Circuit requires confusion for counterfeiting

43(B)log

Hamilton International Ltd. v. Vortic LLC, No. 20-3369-cv (2d Cir. Sept. 14, 2021) A small note about this case affirming a finding that vintage Hamilton pocketwatch movements converted to wristwatches were not likely to cause confusion under Champion and Polaroid : While it’s not really a great leap forward for refurbished goods—at most, the Second Circuit refused to take further bites out of the doctrine, and its emphasis on consumer sophistication may even make things harder for Etsy jewelry

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NBA Player's 'Scary' Use Was Fair Use, Judge Says

IP Law 360

Former Boston Celtics point guard Terry Rozier scored a fair use win on Monday when a New York federal judge ruled that his use of the iconic mask from the movie "Scream" was "a means of satirizing and ridiculing the perception of ruthless high-scoring athletes in the NBA.

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"first urgent care" practice claim isn't material or literally false

43(B)log

American Family Care, Inc. v. Medhelp, P.C., 2021 WL 4149782, No. 2:19-CV-01325-LSC (N.D. Ala. Sept. 13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. AFC supplies urgent care, family/primary care, and occupational health services nationwide; its first clinic opened in Hoover, Alabama (Birmingham’s largest

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Apple Faces UK Ban If It Won't Commit To 3G, 4G IP Terms

IP Law 360

A judge ruled Monday that Apple must pre-accept global licensing terms that will be determined by the court in order to use patented technology for its 3G and 4G devices — or face a possible injunction in the U.K. even before the litigation brought by the patent owner ends.

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This Week in Washington IP: Name, Image, Likeness Rights for College Athletes; Regulating Cryptocurrencies; and Recapping the U.S.-EU Trade and Technology Council

IP Watchdog

This week in Washington IP events, the House Consumer Protection Subcommittee within the Energy & Commerce Committee will explore the rapidly expanding landscape for name, image, and likeness (NIL) rights for college athletes, while the Consumer Protection Subcommittee within the House Committee on Financial Services takes a look at technologies that are reshaping the U.S. banking system.

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On Rehearing, PTAB Says Now It Will Review Solar Energy IP

IP Law 360

The Patent Trial and Appeal Board has granted Canadian Solar's request for rehearing, saying on second thought that it will review a solar cell patent owned by The Solaria Corp. that it previously declined to take a look at because of a parallel International Trade Commission investigation.

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Fish Principal Kurt Glitzenstein Named “Go-To Intellectual Property Lawyer” by Massachusetts Lawyers Weekly

Fish & Richardson Trademark & Copyright Thoughts

Massachusetts Lawyers Weekly recently named Kurt Glitzenstein one of its “Go-To Intellectual Property Lawyers” for 2021. The award recognizes the top IP lawyers in the Commonwealth both for the depth of their legal knowledge and the successes they’ve achieved in the practice of intellectual property law. Glitzenstein is the leader of Fish’s Litigation Practice Group, which includes more than 250 trial lawyers in 14 U.S. and international offices, and serves as an elected member of the firm’s Man

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Textbook Company Gives Chegg Another Problem to Solve

BYU Copyright Blog

In the educational market, Chegg, Inc. ("Chegg") exists as a paid service that assists students in their schoolwork. Part of their business model includes providing detailed answers to help students understand their homework that comes from various textbooks and materials from unaffiliated publishers. On September 13, 2021, a textbook company called Pearson Education, Inc.

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Join Seyfarth at the 2021 Trade Secret Summit in Austin, Texas

Trading Secrets

Please join Seyfarth at the 2021 AIPLA Trade Secret Summit, which is being held November 8-9, 2021 at the headquarters of SolarWinds in Austin, Texas. Boston Partner Erik Weibust is Chair of the AIPLA Trade Secret Committee and he will be offering welcoming remarks and moderating a panel entitled “Expert Advice: Practical tips for working with experts in a trade secret case.

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Data Direction for Publishers

Velocity of Content

For generations, editors and publishers have relied on gut intuition when making book acquisitions and sales projections. Those guts tell them who reads what. Well, maybe it’s time for a gut check. The book business is conceding ground increasingly to data, and not just sales data focusing on units sold. More data than ever is available on reader demographics and reading habits.

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Design Protection: Don’t Sleep on Copyrights

LexBlog IP

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Copyright law does not protect useful articles per se (i.e., articles having a useful function that does not serve merely to portray the appearance of the article or to convey information), but d

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The Road Less Travelled: Why Arbitration is an Increasingly Attractive Alternative for Resolving IP Disputes

JD Supra Law

Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular forum for IP disputes for many years to come. But litigating IP disputes in court has its challenges. IP litigation can be very expensive and time-consuming; court proceedings are typically public; the judge assigned to the case may not have much, if any, experience with IP.

IP 52
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Trade Secrets Without Borders: The Defend Trade Secret Act’s Promise as an Extra-Territorial Statute Finally Comes to Pass

LexBlog IP

One of the primary arguments for enacting the Defend Trade Secrets Act (DTSA) in 2016 was the perceived need for the protection of the trade secrets of U.S. companies abroad. These issues received significant media attention with the focus far and away on China; by way of example, 60 Minutes cited the Justice Department as saying “the scale of China’s corporate espionage is so vast it constitutes a national security emergency, with China targeting virtually every sector of the U.S. e

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The Location of Witnesses and Relevant Evidence Still Reigns Supreme in Venue Decisions

JD Supra Law

In Re: Juniper Networks, Inc. Before Lourie, Bryson, and Taranto. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas. Summary: A party’s relatively insignificant presence in a forum is an insufficient reason to deny transfer when the majority of witnesses and relevant evidence are….

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Ranking as Asia’s most innovative economy highlights South Korea’s need for IP value creation

IAM Magazine

World-beating R&D and patent rates propel country to top of Asia for the first time in annual WIPO study, but Global Innovation Index also shows areas where IP professionals can help it improve further.

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Judge Noreika Denies Plaintiffs and Defendants’ Respective Motions For Summary Judgment On Infringement/Non-Infringement In Trademark Infringement Action And Grants-In-Part Defendants’ Motion With Respect To Actual Damages

JD Supra Law

By Memorandum Order entered by the Honorable Maryellen Noreika in Apex Clearing Corp. v. Axos Financial Inc. et al., Civil Action No. 19-2066-MN (D.Del. September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement.

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OFAC updates guidance on ransomware payments and sanctions risk

LexBlog IP

On Sept. 21, 2021, the Department of Treasury, Office of Foreign Assets Control (OFAC), updated its published guidance regarding sanctions risks associated with making ransomware payments and its official policy on such payments. This updated guidance, taken in conjunction with OFAC’s recent sanctions designation of a cryptocurrency payment exchange frequently used for ransomware payments, and other ongoing regulatory legislative efforts to address ransomware attacks, further highlights th

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Name, Image and Likeness Scouting Report, Week 3: What’s Next for the NCAA?

JD Supra Law

Throughout the history of college sports, the National Collegiate Athletic Association (NCAA) has remained the national governing and rulemaking body for collegiate athletics, with a commitment to the principle of amateurism. The basis for amateur athletics was reflected in the original NCAA Bylaws, which stated “[n]o student shall represent a College or University in any intercollegiate game or contest who is paid or receives, directly or indirectly, any money, or financial concession.”.