Wed.Apr 20, 2022

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The Not-Quite-So Legal Future for Web Scraping

Plagiarism Today

hiQ Labs Logo (PRNewsFoto/hiQ Labs). Web scraping has been one of the longest-running themes on this site, with the first articles about it going live as far back as 2006. . The truth is that web scraping has always been controversial, but equally fraught legally. A wide myriad of laws impact, or at least can impact, scraping activities online. . However, a recent ruling from the Ninth Circuit Court of Appeals aims to clarify a key aspect of web scraping.

Licensing 233
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What is the Trademark Modernization Act?

Erik K Pelton

There are many details and information involved with recent changes resulting from the Trademark Modernization Act (TMA). In this episode, Erik provides a brief tour of trademark expungement proceedings and other key details from the TMA. The post What is the Trademark Modernization Act? appeared first on Erik M Pelton & Associates, PLLC. There are many details and information involved with recent changes resulting from the Trademark Modernization Act (TMA).

Trademark 113
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3 Count: DuckDuckNo

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Web Scraping is Legal, US Appeals Court Reaffirms. First off today, Zack Whittaker at TechCrunch reports that the Ninth Circuit Court of Appeals has reaffirmed its earlier decision and held that scraping publicly accessible webpages is not a violation of the Computer Fraud and Abuse Act (CFAA).

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German Decision Could Provide an Answer to AI Inventorship

IP Watchdog

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The decision was first rendered in November 2021 following oral argument, but the fully written opinion was only delivered March 31, and was published in German on the court's homepage on April 19, 2022.

Inventor 130
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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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Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

In today’s highly competitive working environment, almost every other individual knows what Intellectual Property (IP) is and that the protection of IP assets is a matter of paramount importance. Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

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MPA Signs New Anti-Piracy Deal Committing to “Rolling Site-Blocking Regime”

TorrentFreak

Despite the absence of any similar coordinated scheme in the United States, Disney, Netflix, Paramount, Sony, Universal, and Warner Bros. regularly criticize countries for not implementing measures to block pirate sites. When they do, however, praise isn’t far behind/. In April 2021, the Philippines joined the growing list of countries to implement site-blocking measures, in this case one that needs no oversight from the courts.

More Trending

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Piracy Poses Concern as Netflix Subscribers Drop for the First Time

TorrentFreak

As the first major legal streaming service on the Internet, Netflix paved the way for a streaming revolution. The company started competing with piracy from the get-go, branding itself a superior alternative. At some point, the company even used illegal download statistics as market research, to determine what shows and movies should be added to its library. ‘Piracy is No Match’ In the early days, Netflix viewed piracy as an opportunity rather than a threat.

Branding 111
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Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

JD Supra Law

Many cultures have the tradition of spring cleaning. These range from those in Iran observing the Persian New Year festival of Nowruz (and the practice of “khooneh tekouni,” or “shaking the house” to prepare for Nowruz), to the Jewish traditional pre-Passover cleaning (and the ritual bedikat chametz), to the Clean Monday (Kathara Deftera) traditions of the Greek Orthodox Church to the Asian celebrations of Ninyabaat, Songkran, and Xiao Nian.

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Enablement Requirements For Patents in India

Intepat

To be granted a patent, an invention by the applicant must be novel, non-obvious, and must be such that can be manufactured or used in industry. Besides these basic, requirements an invention must also not fall under the criteria of non-patentable subject matter as discussed in Sections 3, 4, and 5 of the Patents Act, 1970 (“ Act ”). However, even after fulfilling these requirements, an additional requirement is to be fulfilled by the inventor/applicant and that is of ‘enablement’.

Patent 98
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Thinking of Jumping on the NFT Bandwagon – Are you Prepared?

JD Supra Law

“NFT” was 2021’s word of the year. This isn’t too surprising—they’re everywhere! The market cap for NFT transactions jumped from roughly $400 million at the beginning of 2021 to over $7 billion by year’s end. What’s next and how can brands and other content creators leverage NFTs to bring value?

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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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Evolve, Don’t Change: Threading the Rebranding Needle

Velocity of Content

When we marketers think about a branding initiative, our eyes light up at the notion of limitless creative possibilities. New names, shiny new logos, and innovative new designs bring joy to our creative little hearts. But to use these creative assets to power your brand, you must first get the strategy right. In this post, we share a few highlights of our recent strategic branding program and a few lessons learned along the way.

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[Video] Monthly Minute | Brand Issues and Cryptocurrencies in the Metaverse

JD Supra Law

Once a month, we cover an interesting topic in 60 seconds. This month, Partner David Caplan and Associate Daniel Gaitan share their thoughts on brand issues and cryptocurrencies in the metaverse.

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The Harm from Budget 2022’s Hidden Copyright Term Extension, Part Three: “It Does Not Put Money in the Pockets of Most Creators”

Michael Geist

The inclusion of copyright term extension in Budget 2022 – a commitment to implement was buried in an annex to the budget – will cause enormous harm to access to Canadian culture and history for a generation. My previous posts in the series examined the incredible array of authors and political figures that helped shape Canada for decades who will have their works locked out of the public domain.

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Angelcare and Playtex take out the trash: Diaper Genie patents are valid and infringed by Munchkin

JD Supra Law

On April 7, 2022, the Federal Court issued its judgment and reasons in Angelcare Canada Inc et al v Munchkin Inc et al (2022 FC 507), finding that Munchkin, Inc and Munchkin Baby Canada Ltd (the “Defendants” or “Munchkin”) had infringed numerous valid patents owned by Angelcare Canada Inc related to their diaper disposal system sold under the brand name “Diaper Genie”.

Patent 98
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Understanding the Patent Linkage Process

IP and Legal Filings

The denial of the market entry often concerns the access to essential and cheaper medicines and in a larger picture, the public health issue. The availability of generic drugs being subjected to any such preceding condition irrespective of any infringement does affect the larger issues of access to medicine. Patent linkage is perhaps one of the most debatable aspects of patent regulation around the world.

Patent 79
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[Audio] From Career Inertia to Momentum in Tech, with Jessica Mitsch Homes

JD Supra Law

Jessica Mitsch Homes has always been focused on teaching and helping others, but she had no clue that that passion would lead her into a career in tech. Today, Jessica talks about her company's start in American Underground, why she’s passionate about cultivating talent from underrepresented groups and what’s ahead for her growing startup. Jessica Mitsch Homes is the co-founder and CEO of Momentum, a tech training company that provides talent transformation courses for those looking to start.

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Apple Atty Says She Was Reprimanded After Reporting Abuse

IP Law 360

A longtime Apple attorney who claims she endured physical and emotional abuse by a fellow Apple attorney publicly criticized her employer Wednesday, saying the iPhone maker failed to thoroughly investigate the alleged abuse and reprimanded her instead.

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Keeping the Songwriter Survey Open!!

The Trichordist

Thanks for the HUGE response to the songwriter survey on what you think the new unfrozen mechanical rate should be!! The response has been so strong we're going to keep the survey open so more of you can participate.

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Robert Milligan to Present Webinar on Non-Compete State Legislation for Strafford

Trading Secrets

On Wednesday, June 29, Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes group—is presenting the “Noncompetes Under New State Law Restrictions” webinar for Strafford. The panel will discuss the latest state legislative changes and case law trends regarding non-compete agreements and other restrictive covenants in New York, California, Illinois, Washington, and other states and the current status of proposed changes to federal labor law.

Law 72
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Embracing ESG: Uber Counsel Talks Safety Standards

IP Law 360

Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.

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

The IPKat

The holiday is over and this Kat hopes that all readers managed to renew their energies. What's better than a summary of IPKat's posts from the past two weeks and some leftover chocolate to get through the week? A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022.

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Tyga Collaborator Fights Vans' TRO Bid On 'Wavy Baby' Shoes

IP Law 360

A Brooklyn art collective is firing back at Vans' request to halt sales of rap artist Tyga's "Wavy Baby" sneakers that allegedly rip off the design of Vans' "Old Skool" shoes, saying the project is a parody on "sneakerhead" culture and is protected by free speech.

Art 75
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Reading List: Democracy of Sound

43(B)log

Insta-rec for Alex Cummings, Democracy of Sound: Music Piracy and the Remaking of American Copyright in the Twentieth Century. Electronic access may be available through your institution. Well-written narrative of copyright law from the perspective of (1) recorded sound and in particular (2) how people who made copies of records shaped legal reactions thereto.

Music 59
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Netflix Loses At PTAB Again In Broadcom Row

IP Law 360

Netflix Inc. has failed to convince judges at the Patent Trial and Appeal Board that a Broadcom Corp. patent it is accused of infringing with the technology it uses to power its recommendation platform was already covered by earlier technology the U.S. Navy secured at the turn of the millennium.

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Enablement Requirements For Patents in India

Intepat

Patentable requirements. To be granted a patent, an invention by the applicant must be novel, non-obvious, and such that it can be manufactured or used in industry. Besides these basic requirements, an invention must also not fall under the criteria of non-patentable subject matter as discussed in Sections 3, 4, and 5 of the Patents Act, 1970 (“ Act “).

Patent 52
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Chocolatier Launches TM Suit Over 'Sexy Chocolates' In EDTX

IP Law 360

Texas-based chocolatier Candie's Secret is suing a competitor for ripping off its "Sexy Chocolates" brand, telling an Eastern District of Texas judge that the rival sneakily sought registration for a similar-sounding name while Candie's owner was hospitalized for COVID-19 earlier this year.

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Fish & Richardson Obtains Favorable Initial Determination at ITC for Client Quectel

Fish & Richardson Trademark & Copyright Thoughts

Fish obtained an initial determination at the International Trade Commission finding that client Quectel Wireless Solutions had not committed a violation, finding non-infringement and unenforceability for all patents asserted, as well as finding many of the asserted patent claims were invalid. Shanghai-based Quectel is a leading global supplier of wireless communication modules that are used in a variety of products, including Internet of Things (IoT) devices and autonomous vehicles.

Patent 52
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New customer on the secondary patent market: litigation finance companies

IAM Magazine

Patent brokers and litigation financiers say that over the past year there is a growing trend of lawsuit funders exploring the idea of acquiring their own patent portfolios for monetisation through licensing or litigation.

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Betty Chen Named to Daily Journal’s 2022 “Top Intellectual Property Lawyers” List

Fish & Richardson Trademark & Copyright Thoughts

The Daily Journal named Fish Principal Betty Chen to its 2022 list of “Top Intellectual Property Lawyers.” The annual list recognizes the top lawyers in California who have made a significant impact on IP law. Chen is based in Fish’s Silicon Valley office. Chen has successfully represented clients from across a spectrum of industries, with a focus on multinational pharmaceutical, life sciences, and technology companies whose products include 5G wireless communication infrastructure, software and

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FDA Approves Amneal’s ALYMSYS (bevacizumab-maly)

LexBlog IP

On April 13, 2022, Amneal Pharmaceuticals, Inc. announced that the FDA approved its BLA for bevacizumab-maly, a biosimilar of Roche’s AVASTIN. The product will be marketed under the proprietary name ALYMSYS and represents the third bevacizumab biosimilar approved in the U.S, following Pfizer’s ZIRABEV (bevacizumab-bvzr) in 2019 and Amgen’s MVASI (bevacizumab-awwb) in 2017.

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Crowell & Moring Boosts Chicago Base With Litigation Partner

IP Law 360

Crowell & Moring LLP announced on Thursday that it is adding to its Chicago bench, which opened last year, with a partner from Loeb & Loeb LLP focused on commercial litigation and consumer class-action defense.

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Trademark application: What is the most important factor in registering a mark?

Patent Trademark Blog

What is the #1 factor in filing a trademark application? For many businesses thinking of registering a trademark, cost is the biggest factor. It is often the first and only question asked of our trademark filing services. I’m not surprised. Trademark filings have become commoditized. So it’s no surprise that would-be filers are searching for the lowest cost trademark filing services.

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Delaware Court Looks To Unmask Litigation Funders

LexBlog IP

Delaware To Become Less Popular for NPEs? This past Monday, Chief Judge Connolly of D. Del issued a standing order for all pending litigation before him requiring disclosure of certain financial relationships from litigating parties. The information is due 30 days from filing of an initial pleading, and includes arrangements made between parties and third party funders.

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Photographer, Lisa Corson sues for Copyright Infringement

Indiana Intellectual Property Law

Fishers, Indiana – Plaintiff Lisa Corson creates photos, which she licenses for various uses including online and print publications. Corson’s client list includes AARP, Country Living, Delta Airlines, Google, House & Garden, The National Geographic Channel, The New York Times, and The Washington Post. Corson claims she took a picture of a bocce ball court (the “Photograph”) and registered with the United States Copyright Office on September 18, 2016.

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La demande de brevet : exercice multi-juridictionnel

LexBlog IP

La rédaction d’une demande de brevet est un exercice difficile. Lorsque la demande est destinée à être déposée dans plusieurs juridictions, il est ardu de satisfaire simultanément à toutes les exigences qui concernent la description suffisante de la technologie. Pour faciliter la tâche des praticiens, nos collègues de plusieurs antennes du cabinet à l’échelle mondiale ont collaboré et rédigé le billet intitul&