Tue.Jul 05, 2022

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The Trademark Scam Decision Tree

Erik K Pelton

The following is an edited transcript of my video The Trademark Scam Decision Tree. Past listeners and viewers of my videos and podcasts will know that from time to time I provide an update and more information about trademark scams, and the time has come once again. The reason is twofold. Number one is I’ve got a new tool to help you decipher whether or not something you received in the mail might be a trademark scam.

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The WTO Extends its Customs Moratorium for Digital Products: Good News for Creators, Copyright Industries…and for Consumers

Hugh Stephens Blog

At the recent 12th WTO Ministerial meeting, the first in more than four years (because of COVID), Trade Ministers reached agreement on several key decisions.

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How to Protect a Book Title

Erik K Pelton

Book titles are special in the world of trademarks. Watch or listen to this episode as Erik reveals why they are harder to protect, and how authors can possibly workaround this situation. The post How to Protect a Book Title appeared first on Erik M Pelton & Associates, PLLC. Book titles are special in the world of trademarks. Watch or listen to this episode as Erik reveals why they are harder to protect, and how authors can possibly workaround this situation.

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The Pirate Bay Has a Documentary, Tamil Rockers Get an Action Thriller

TorrentFreak

Notable for their rise and public demise, piracy-related brands such as Napster, LimeWire, and Megaupload are still widely recognized today, despite their shutdowns long ago. Then there’s The Pirate Bay, a site that has endured almost 20 years of chaos yet still hasn’t fallen, largely due to the groundwork of three instantly recognizable figureheads – Peter Sunde, Fredrik Neij and Gottfrid Svartholm.

Branding 132
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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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USPTO Will Ramp Up Identity Verification Rules for Trademark Filers Starting in August

IP Watchdog

Starting August 6, 2022, the U.S. Patent and Trademark Office (USPTO) will require all trademark filers to verify their identities in order to file electronic trademark forms. The move comes as an attempt to stop trademark scam entities and was announced in a blog post penned by USPTO Director Kathi Vidal and Commissioner for Trademarks David Gooder last week.

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Court Denies Summary Judgments in ISP’s Piracy Liability Lawsuit

TorrentFreak

Internet providers are generally seen as neutral service providers but according to several record labels, some of these companies willingly profit from piracy. In recent years we have seen several lawsuits against ISPs including Charter, Cox, RCN, and Bright House, which are accused of failing to terminate repeat copyright infringers. Music Industry vs.

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Business mobility payments: On the road to change

McKinsey Operations

Five major trends are affecting business mobility payments. Adapting to a changing technological environment and customer needs can help companies win in this emerging ecosystem.

Business 107
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The Compelling Implications of Using a Blockchain to Record and Verify Patent Assignments

JD Supra Law

Given the recent bust cycle of cryptocurrencies and non-fungible tokens (NFTs), all things blockchain are currently tainted with words such as "bubble", "scam", and "fraud". But blockchain technology, which is what enables cryptocurrencies and NFTs, remains a remarkably innovative tool. When implemented properly, it can be used to create an immutable distributed digital ledger of transactions that is highly resistant to most forms of hacking.

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The promise and challenge of multi-client fulfillment for e-commerce

McKinsey Operations

A multi-client fulfillment model could help third-party logistics providers gain competitive advantage, but it also poses challenges—here’s how they can be overcome.

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The Freedom of Expression Wake Up Call: Why the CRTC’s Radio-Canada Ruling Eviscerates the Defence of Bill C-11

Michael Geist

Bill C-11’s defenders have typically dismissed concerns about the bill and its implications for freedom of expression as misinformation. When pressed to address the actual substance in the bill, they either insist (wrongly) that the bill excludes user content or, alternatively, that even if it is in, the CRTC is bound by the Charter and requirements to safeguard freedom of expression.

Music 103
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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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[Virtual Conference] FDA Boot Camp - September 14th - 15th, 8:15 am - 1:30 pm EST

JD Supra Law

Through nearly 19 years, ACI’s FDA Boot Camp has been the training grounds for life sciences attorneys and executives to master the fundamentals of FDA regulation. Don’t miss your opportunity to join their ranks.

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The McKinsey Crossword: Inflation | No. 83

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Legal Protection for the Software Arts — Part 9

JD Supra Law

A widely used method of software protection is through trade secret law under the Economic Espionage Act (EEA) (18 U.S.C. §§ 1831-1839), which was enacted in 1996 and significantly amended on May 11, 2016, by the Defend Trade Secrets Act of 2016 (DTSA), Pub. L. No. 114-153, 130 Stat. 376 (2016) and at the state level by state trade secret statutes.

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The 6R Goals of Lean Manufacturing

Christopher Roser

Lean manufacturing aims to improve manufacturing. In this post, I would like to look at the 6R goals and clarify them. The 6R are right product, right place, right time, in the right quantity and quality, and at the right cost. It has a lot to do with logistics, not only for the final product, Read more. The post The 6R Goals of Lean Manufacturing first appeared on AllAboutLean.com.

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New PMPRB regulations registered, in force July 1, 2022, interim approach to pricing announced

JD Supra Law

As previously announced, the amended Patented Medicines Regulations will be coming into force on July 1, 2022 in substantially revised form. As we previously reported, the new basket of countries for Patented Medicine Prices Review Board (PMPRB) reporting remain, but the more controversial amendments were dropped.

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Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

Technology & Marketing Law Blog

This case involves a pseudonymous Twitter account, “@ CallMeMoneyBags.” The account tweeted some remarks, including photos, critical of billionaire Brian Sheth. Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. Bayside claims Sheth doesn’t own the entity, but circumstantial evidence, combined with Bayside’s lack of candor, strongly suggest some ties be

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The Fast and the Furious: Article 76 Proceedings in China Proceed with Speed

JD Supra Law

Article 76 of the Fourth Amendment1 to the Chinese Patent Law links regulatory approval of a generic drug and patent protection of the brand-name drug. It establishes a legal framework for resolving drug patent disputes before approval of the generic drug product similar to the Hatch-Waxman Act in the United States.

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Commerce media: The new force transforming advertising

McKinsey Operations

Commerce media is revolutionizing how ads are bought and optimized. Companies need the right strategy to share in its potential trillion-dollar-plus value.

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Start Applying Automation To Your Workflows

IP.com

AI and machine learning will be integral to the global economy and the future of workforces everywhere. These enhanced systems have the potential to automate mundane tasks and provide feedback. The post Start Applying Automation To Your Workflows appeared first on IP.com - IP Innovation and Analytics.

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Tackling inflation and margin pressure in the sporting goods industry

McKinsey Operations

The sporting goods industry faces new challenges from inflation and an emerging economic downturn, adding to existing pressure on input costs and supply chains. Now is the time to act.

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A Sound First Amendment Decision with an Odd Fair Use Kicker

The Illusion of More

A couple of weeks ago, in my post about ghost guns and trademark infringement, I argued that the EFF is wrong to defend the anonymity of the parties who flaunted their alleged infringements on Twitter. In that case, the individuals had manufactured DIY guns (ghost guns) in collaboration with the materials and tools provided by […]. The post A Sound First Amendment Decision with an Odd Fair Use Kicker appeared first on The Illusion of More.

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Will Dobbs Cure the Plague of Patent Eligibility Nonsense?

IP Watchdog

For anyone surprised about the Supreme Court refusing certiorari in the America Axle v. Neapco case after the Department of Justice (DOJ) (aided by the Solicitor’s Office of the U.S. Patent and Trademark Office [USPTO]) submitted its brief for the Supreme Court’s review, the question arises: why would anyone be surprised? The brief at issue is garbage, and one wonders what exactly its purpose was.

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The Federal Circuit’s Precedent/Outcomes Mismatch

Patently-O

By Paul R. Gugliuzza, Temple University Beasley School of Law; Jonas Anderson, American University Washington College of Law; and Jason Rantanen, University of Iowa College of Law. Recently, we wrote about the small number of mandamus decisions on transfer of venue that the Federal Circuit has designated as precedential and about how those precedential decisions are unrepresentative of overall outcomes.

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Unlocking the potential of public-sector IT projects

McKinsey Operations

Public-sector IT projects can leverage four drivers of performance improvement to maximize value.

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Patient compliance and the broken technical chain fallacy (T 0752/19)

The IPKat

A recent interesting case from the EPO Boards of Appeal ( T 0752/19 ) straddled the technical fields of pharmaceuticals and computer-implemented methods. The case considered whether an overall technical effect could be found in a known drug combo for use in the treatment in combination with a computer program for improving patient compliance. The computer program itself was considered to have enough technical character to require an EU marketing authorisation as a medical device, but was not fou

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Opportunities for e-commerce success in Europe: Retail media networks

McKinsey Operations

Traditional retailers can join the boom in online shopping and digital commerce through retail media networks—a fast-growing profit stream.

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Global Digital Encounter 21: The Metaverse as a Challenge to Classical IP

Kluwer Copyright Blog

Image by mohamed Hassan from Pixabay. This year we have seen an influx of educational events dedicated to everything digital. In particular, non-fungible tokens (NFTs), crypto and metaverse have dominated our infospace. June was no exception. Last Wednesday, Fide (a legal-economic think-tank) held the latest in their series of Global Digital Encounters (GDE) – an online panel discussion focusing on the metaverse and IP with some of the leading experts in digital laws.

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Patent Poetry: Understanding Copyright, Patent, and Trademark Symbols

JD Supra Law

What exactly do intellectual property symbols like © and ™ mean and why are they important? Copyright - The symbol © indicates that copyright protection is claimed for a work of authorship, such as a book, photo, blog, software program, etc.

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June 2022 Roundup of Copyright News

Copyright Alliance

The highly anticipated new copyright small claims court, the Copyright Claims Board opened its doors on June 16, allowing claimants to begin filing cases. But the U.S. Copyright Office staff […]. The post June 2022 Roundup of Copyright News appeared first on Copyright Alliance.

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Prosecution Pointer 336

LexBlog IP

On July 31, 2022, the USPTO is retiring Public PAIR. To continue to access documents and statuses on publicly available patents and patent applications, use the USPTO’s Patent Center. A link to the Patent Center can be found here. Read more.

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Herbert Smith Freehills Kewei advises Sanofi on US$15 million cornerstone investment in ClouDr ??????????????????1500?????????????

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills and its joint operation partner Kewei have advised global healthcare company Sanofi on its participation in the initial public offering and listing of ClouDr in Hong Kong as a cornerstone investor, a Chinese technology solutions services prov Sanofi is one of the largest pharmaceutical companies in Europe, listed on EURONEXT (SAN) and NASDAQ (SNY).

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How to Respond to a Notice of Opposition to Your Trademark Application

Patent Trademark Blog

What is a Notice of Opposition to your trademark application? When your trademark application is approved by the USPTO, it will be published for opposition. During that time period, a third party might oppose the registration of your trademark by filing a notice of opposition with the Trademark Trial and Appeal Board (TTAB). The opposition notice sets forth their grounds for blocking the registration of your mark.

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The U.S. Copyright Office Hires First Chief Economist

LexBlog IP

Annual revenues from industries reliant upon the copyright system in the United States hover between $1.2 and $2.5 trillion each year, or between 6% and 12% of the U.S. GDP. Because such a significant portion of the U.S. economy is related to the copyright system, the U.S. Copyright Office and Shira Perlmutter, the current Register of Copyrights, recently appointed its first chief economist, Brent Lutes.

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Cadbury Wins One TM For Purple Hue In Court Battle

IP Law 360

Cadbury convinced a London court on Tuesday to resurrect one of its trademark applications for the particular shade of purple that adorns its chocolate wrappers, but the confectioner failed to persuade the court to do the same for another similar mark.

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Experience Sharing on Claim Amendments on the Grounds of “Obvious Mistakes”

JD Supra Law

I. Background Introduction - In recent years, the number of foreign patent applications entering China exhibits a steady growth on a yearly basis. Foreign applications are required to be translated to Chinese in order to be accepted by the China National Intellectual Property Office (CNIPA) for subsequent prosecution.