Mon.Nov 14, 2022

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Facebook and Canada’s Online New Act: One More Problem for a Troubled – and Troubling – Company

Hugh Stephens Blog

As Bill C-18, the Online News Act, continues its step-by-step process through the Canadian Parliament, another shoe has dropped. Meta, Facebook’s parent company announced it will be laying off 13 percent of its global workforce (11,000 people) owing to two quarters of losses and a sinking share price.

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Five trends to watch in the edtech industry

McKinsey Operations

The adult edtech sector is evolving as quickly as it is growing. Significant changes are taking place in M&A opportunities, geographic hotspots, user demands, and the enterprise market.

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Registering a trade mark even if you think that copyright is for losers? Not bad faith, says (finally) EUIPO BoA

The IPKat

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason? Among other things, that such registrations would have been made in bad faith in accordance with Article 59(1)(b) EUTMR.

Artwork 122
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New-business building in 2022: Driving growth in volatile times

McKinsey Operations

A new global survey finds that new-business building can boost growth and value. However, to meet revenue expectations in the future, companies must dramatically increase their efforts.

Business 107
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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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In Gonzalez v. Google, SCOTUS Should Look Beyond the Term “Recommendations”

The Illusion of More

In October, the Supreme Court granted cert in two cases that may limit the immunity granted to internet platforms under Section 230 of the Communications Decency Act. Both Gonzalez v. Google and Twitter v. Tamneh, arise from plaintiffs seeking to hold platforms accountable for “target recommendations” of material associated with acts of international terrorism, but […].

Law 100
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Trademark Classification of Goods and Services

Intepat

Trademark Classification. When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. Even when conducting a trademark search, you need to know the “ trademark classification ” and “ trademark classes.” The system of trademark classification eases the process of registration of a trademark.

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Fish & Richardson CFO On Joining New Firm, Strategy

IP Law 360

Boston-based intellectual property firm Fish & Richardson PC announced at the start of November that it had hired former Fredrikson & Byron PA chief financial officer Julie DuBois as its new CFO.

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Oral Arguments Scheduled in CRISPR Interferences

JD Supra Law

On October 24th, the Patent Trial and Appeal Board scheduled back-to-back oral hearings for interferences between Sigma-Aldrich (Senior Party) and Junior Party The Regents of the University of California, University of Vienna, and Emmanuelle Charpentier (collectively, "CVC"; Interference No. 106,132; Order) and Junior Party The Broad Institute, Massachusetts Institute of Technology, and The President and Fellows of Harvard College (collectively, "Broad"; Interference No. 106,133; Order).

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Communicating headwinds and tailwinds

McKinsey Operations

Investor relations should always address business-critical headwinds and tailwinds. But which do companies refer to more—and how does that choice affect market performance?

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Pirate TV Box & Kodi Wizard Seller Who Made £2.3m Gets 30 Months in Prison

TorrentFreak

Starting in the early part of the last decade, large numbers of technically-minded individuals began selling piracy-configured set-top boxes to the public. Unlike many of their cohorts running torrent and streaming websites, many pirate box sellers conducted business in person and in broad daylight. With few measures in place to reduce the chances of arrest, the most brazen were always likely to be the most vulnerable.

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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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The Law Bytes Podcast, Episode 146: Axel Bruns on What the Australian Experience Teaches About the Prospect of Facebook Blocking News Sharing in Response to Bill C-18

Michael Geist

As Bill C-18 heads to clause-by-clause review later this week, the prospect that Facebook could block news sharing on its platform in Canada in response has attracted the ire of politicians and concerns from media outlets that rely on social media as part of their business model. But is this a bluff or, having just laid off 11,000 employees, an accurate reflection of where the company stands on the value of news on its platform given current economic realities?

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9th Circuit clarifies that Rogers v. Grimaldi covers news/political speech, not just "art"

43(B)log

Logical, but this is the clearest statement yet. Opinion here. The court also clarifies that, when Gordon v. Drape said that courts should consider whether the parties made the same type of use, the level of generality had to be pretty specific--it was not enough that both parties made "source-identifying" use if they did not identify the same product, and it was also not enough that they were both "online" services.

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The economic state of Latinos in the US: Determined to thrive

McKinsey Operations

US Latinos are a driving force of the US economy and account for the fastest-growing portion of US GDP.

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Rojadirecta Operator is Personally Liable for Sports Piracy, Supreme Court Rules

TorrentFreak

Founded more than 16 years ago, Rojadirecta is one of the oldest and most popular linking sites for sports streaming events. Operated by Spanish company Puerto 80 Projects, Rojadirecta has built a loyal user base while simultaneously fighting numerous legal battles. The Spanish streaming site famously challenged a domain seizure by the U.S. Government and eventually came out on top.

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Fish & Richardson Principal Tony Nguyen named 2022 “On the Rise” Honoree by Texas Lawyer

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is proud to announce that Principal Tony Nguyen has been named a 2022 “On the Rise” honoree by Texas Lawyer. . Nguyen, who is based in Fish’s Houston office, focuses his practice on patent litigation — particularly in the areas of computer hardware and software — in federal district courts and before the U.S. International Trade Commission (ITC).

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IP.com Releases Groundbreaking Update to InnovationQ+

IP.com

The post IP.com Releases Groundbreaking Update to InnovationQ+ appeared first on IP.com - IP Innovation and Analytics.

IP 97
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How plausible may be a conference on IP (and regulatory) exclusivity? Sufficiently

The IPKat

Last October this GuestKat attended an interesting conference in Munich (program here ) named " Life Sciences Strategy: Summit on IP and exclusivity ". It is obviously not easy to summarise three full days of very intensive work (and many coffee breaks) and the reports of dozens of experts who effectively shared their knowledge with the participants, in an atmosphere open to debate and discussion.

IP 76
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Unified Patent Court’s Judicial Appointments Announced

IPilogue

Pankhuri Malik is an Osgoode LLM Graduate, IPilogue Writer and IP Innovation Clinic Fellow. In keeping with our previous reports on the Unified Patent Court, it was announced on October 19, 2022, that the Administrative Committee of the Unified Patent Court (“UPC”) confirmed the appointment of 85 judges to the UPC. Further, in accordance with its statute, the Administrative Committee, also shared the composition of UPC’s Presidium.

Patent 73
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Future of B2B sales: The big reframe

McKinsey Operations

The new era of B2B sales is upon us and sales leaders are quickly making moves to adapt. We spoke with 50 global leaders to learn their game plan—and this is what we heard.

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Monster Targets New Walmart Logo At TTAB

IP Law 360

Monster Energy is going to the Trademark Trial and Appeal Board to try to stop Walmart from registering a new logo for the retailer's in-house "Member's Mark" brand, which the energy drink brand says will cause confusion with Monster's "claw" logo.

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Enabling the future of US public health through technology

McKinsey Operations

US state and local jurisdictions have a rare opportunity to marshal federal funding to modernize their infrastructures to achieve key public-health objectives more efficiently and effectively.

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Getting Over That Hurdle (Rate)

LexBlog IP

Compensating service providers with equity is a pretty regular occurrence with startups. New companies don’t have a lot of cash (or any) to pay the people they need to run the business (just get a quote on the cost to develop an MVP of your new app if you don’t believe me) and providing equity is a great way to build buy-in because.we know.a startup, at least from the perspective of the Founders, is a long-play, not a short term investment.

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Helen Tang elected as Vice-Chair of ICC's Commission on Arbitration and ADR ???????????(ICC)???ADR??????

Herbert Smith Freehills

Herbert Smith Freehills partner Helen Tang has been elected as one of eight new Vice-Chairs of the ICC's Commission on Arbitration and ADR. A Shanghai-based disputes partner, Helen specialises in international arbitration and other forms of dispute resolution for Chinese clients and multinational corporations. She has deep experience representing Chinese and international clients in international arbitrations under ICC rules and other institutional rules.

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Pre-Litigation mediation in Intellectual Property matters in India

Selvam & Selvam Blog

The Commercial Courts Act (hereinafter referred to as “the Act”) was enacted in 2015 to establish a definite procedural framework for dealing with commercial disputes. Commercial disputes include any dispute arising out of trade relationship between parties such as mercantile documents, partnership agreements, franchising, distributions, joint venture, intellectual property rights, etc., its interpretation and enforcement.

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Fed. Circ. Says PTAB Has It Right About Mattress Patents

IP Law 360

The Federal Circuit decided in a precedential ruling that a Patent Trial and Appeal Board panel had made the right call on issues like amending claims and sorting out specification errors, sinking dueling appeals Monday from fighting inflatable mattress companies.

Patent 52
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Mock smocks spur suit

Likelihood of Confusion

The New York Post reports that Diane von Furstenberg is suing over knockoffs of her designer smock dress things: The famed designer thinks cheapie-fashion store Forever 21’s $32 “Sabrina” smock. The post Mock smocks spur suit appeared first on LIKELIHOOD OF CONFUSION™.

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IBM Gets Copyright, Antitrust Case Moved To NY

IP Law 360

A U.S. Virgin Islands district court judge has sent to a New York federal court a software company's suit accusing IBM of ripping off code for business server operating systems, finding various factors weighed in favor of the transfer.

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[Video] 5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act

JD Supra Law

Kilpatrick Townsend's Ted Davis recently spoke at the Federal Bar Association's IP Law Fall Conference 2022 on the topic of "Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act." These are the 5 key takeaways from his presentation.

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Former Slack GC Joins Sullivan & Cromwell In Palo Alto

IP Law 360

Sullivan & Cromwell announced Monday the firm is bolstering its services for tech clients with the addition of messaging company Slack's former general counsel to its Palo Alto, California, office.

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USPTO to Shorten Deadline to Respond to Trademark Office Actions to Three (3) Months Effective December 3, 2022

JD Supra Law

U.S. trademark practitioners will no longer have a six-month window to respond to Office Actions issued by the United States Patent and Trademark Office (“USPTO”) on certain pending trademark applications. As of DECEMBER 3, 2022, the time in which an applicant must respond to an Office Action will be cut in half, from six months to three.

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Pointers For Women IP Attorneys Building Fed. Circ. Practices

IP Law 360

Julie Goldemberg at Morgan Lewis offers a series of tips for women intellectual property attorneys seeking to build Federal Circuit practices, including how to gain trial experience in high-level patent litigation despite documented challenges in doing so.

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Football, marketing and the art of the ambush: Ambush marketing in 2022

JD Supra Law

In spite of the various legal and commercial risks associated with it, ambush marketing is a global phenomenon. Provided that these risks are managed correctly, ambush marketing can allow an advertiser to benefit from the buzz around an event without having to shell out on expensive sponsorship fees, settlements or damages. Even as teams make their final preparations to travel to Qatar, advertisers will undoubtedly be waiting to unleash an ambush marketing avalanche.

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FTC Says "Orange Book" Abuse Blocks Drug Competition

IP Law 360

The Federal Trade Commission urged a Delaware federal court to remove a patent for narcolepsy drug distribution from federal regulators' list of approved drugs and the patents covering them, arguing the patent was improperly included and is blocking competition.

Patent 52
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The Statutory Presumption of Validity of a Federally Registered Trade Dress Applies Even Where the Trademark Examiner May Not Have Followed PTO Procedures

JD Supra Law

SOCLEAN, INC. v. SUNSET HEALTHCARE SOLUTIONS, INC. Before Newman, Lourie, and Prost. Appeal from the United States District Court for the District of Massachusetts. Summary: A trademark is entitled to a statutory presumption of validity even if the trademark examiner did not follow Patent and Trademark Office procedures during prosecution.

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Covington-Led Indivior To Buy US Drug Co. Opiant For $145M

IP Law 360

London-listed Indivior PLC said on Monday that it is offering to buy Opiant Pharmaceuticals Inc., a U.S. company which develops treatments to combat addiction, in a $145 million all-cash deal that offers potential for a performance-linked sweetener.

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