Tue.Oct 26, 2021

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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. Whether it’s establishing the modern zombie formula , essentially re-copyrighting Frankenstein’s Monster or nearly killing off one of the most iconic vampires , Halloween and copyright have a long and controversial history together. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes.

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We help clients with trademark protection in all industries – even law

Erik K Pelton

We love working with all types of businesses, but earning the trust of many other lawyers and legal industry businesses has been extra gratifying. The post We help clients with trademark protection in all industries – even law appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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3 Count: Buying a Lemon

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Arizona Beats Back Copyright Challenge to Car-Dealer Data Law. First off today, Blake Brittain at Reuters reports that the State of Arizona has beat back a copyright challenge to a new car dealer data law as the 9th Circuit has rejected an appeal from software developers.

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Fall 2021 USPTO News Roundup

Erik K Pelton

From the length of trademark application filings to the Trademark Modernization Act, and the influx of filings from China, there are significant USPTO updates that Erik shares in this episode. The post Fall 2021 USPTO News Roundup appeared first on Erik M Pelton & Associates, PLLC. From the length of trademark application filings to the Trademark Modernization Act, and the influx of filings from China, there are significant USPTO updates that Erik shares in this episode.

Trademark 113
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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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Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

Technology & Marketing Law Blog

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). After sending a takedown notice, the copyright owner can apply for an unmasking subpoena, which the clerk of the court must issue without any discretion or review by a judge. This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer.

Privacy 111
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“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

IPilogue

. Photo by Intepat ( INTEPAT ). Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Andro

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IPBasics.org is Launched: Less is More When it Comes to Understanding IP Rights

IP Close Up

When it comes to understanding intellectual property rights at least one organization has come to believe that less is more. A fresh approach to learning Continue reading.

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MarkIt to Market® - October 2021

JD Supra Law

The October 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential TTAB decision regarding fraud; the DEA's proposal to increase production quotas for several schedule I controlled substances, including cannabis; and the open gTLD sunrise periods. In this issue: - Ignorance is NOT Bliss: Reckless Disregard for the Truth Supports a Finding of Fraud - Watching the Pot™ - gTLD Sunrise Periods Now Open: October 2021 Please see full Newsletter below for more.

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Biden Names Winston & Strawn's Vidal For USPTO Director

IP Law 360

President Joe Biden on Tuesday nominated Kathi Vidal, the head of Winston & Strawn LLP's Silicon Valley office, to serve as the next director of the U.S. Patent and Trademark Office.

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Last Week in the Federal Circuit (October 18-22): Inequitable Conduct = Attorneys’ Fees?

JD Supra Law

After a couple of weeks with lots of precedential decisions, the Federal Circuit caught its breath last week and issued only non-precedential ones (with the possible exception of a sealed opinion that may or may not be precedential). Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

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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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Upcoming Webinar: Protecting Your Most Important Asset

IP.com

Live Webinar: Protect Your Most Important Asset: Intellectual Property November 03, 2021 2:00 pm EDT Learn More In competitive, fast-moving industries, engineers must constantly be generating knowledge. The ability to. The post Upcoming Webinar: Protecting Your Most Important Asset appeared first on IP.com - IP Innovation and Analytics.

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[Webinar] Leveraging Separate IPR Counsel to Maximize Litigation Success - November 18th, 9:00 am - 10:00 am PST

JD Supra Law

Most patents challenged in inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) are involved in co-pending litigation. A threshold question is whether litigation counsel will also handle the IPR proceedings. When engaging separate counsel for the IPR proceedings, cooperation between litigation and IPR counsel is paramount to a successful outcome both at the PTAB and in the district court.

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Dissent in PTAB edict could spur surge of Arthrex-extension bids

Managing IP

Stakeholders could try to use Judge Pauline Newman’s dissent in Mobility Workx to extend USPTO director review to PTAB institution decisions, say sources

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Federal Circuit Clarifies the Willful Infringement Standard and Provides Insights on Conduct That is Exceptional in SRI v. Cisco

JD Supra Law

The Federal Circuit in SRI Int’l, Inc. v. Cisco Sys., Inc., No. 20-1685, slip op. (Fed. Cir. Sep. 28, 2021) addressed the standards for willful infringement and enhanced damages, and provided insights on litigation tactics that could lead to an award of attorney fees. Procedural Posture and Background This litigation commenced when SRI filed suit claiming that products sold by Cisco infringed certain patents.

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Patenting the AI pipeline: intellectual property for AI before standardisation

IAM Magazine

Over the past few years, and after decades as little more than a mathematical curiosity, useful industrial applications of AI have become commonplace.

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‘Competition law in the pharmaceutical sector’ conference returns with IPKat readers’ discounted fee

The IPKat

Readers interested in competition law as applied to the pharmaceutical sector will be pleased to learn that, this year, the traditional ‘Competition law in the pharmaceutical sector’ conference is returning as an in-person event taking place in Brussels on 2 December 2021. This year’s programme features 19 multi-jurisdictional speakers, including representatives of the European Commission, senior counsel from several leading pharma companies and a host of specialised advisors.

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Creeping it real this Halloween

Intellectual Property Office Blog

Getting into costume can be fun for any occasion, but there’s one universal time of year when you’re more likely to see anyone and everyone dressing up. As 2021 seems more hopeful than the last year, I’m sure many will be digging out that vampire or zombie costume from the back of the wardrobe for a Halloween party. Parents across the country are heading to the shops to stock up on the latest costumes for their children for a fun night of trick or treating.

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Intellectual Property Rights in the Realm of Medicinal Knowledge

IP and Legal Filings

The relevance of traditional medicinal knowledge. Traditional medicinal knowledge can be defined as the knowledge, skills, and practices that are based on theories, documentations, and beliefs that are used for the prevention, diagnosis, or treatment of physical ailments by indigenous communities. Most often than not, traditional knowledge pertaining to medicinal treatments is created, preserved, and transmitted within the indigenous community itself.

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Licensing intangibles under transfer pricing guidelines

IAM Magazine

Royalty rates to assess the inter-group transfer of intangible assets (eg, intangibles or intellectual property) are the subject of persistent tax controversy in transfer pricing, including multibillion-dollar litigations involving Coca-Cola and Medtronic.

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Albright Ships Solar Power IP Suit From Texas To SDNY

IP Law 360

FTC Solar can move a patent infringement lawsuit lodged against it over solar technology from Texas to New York after U.S. District Judge Alan Albright found that its license agreement with FCX Solar favors shipping the case off to the Southern District of New York.

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Secondary patents in chemistry and pharmaceutics

IAM Magazine

Secondary patents, as opposed to original or primary patents, are commonly understood as patents protecting not a novel chemical entity, but a polymorph, salt, derivative, pharmaceutical composition or a specific medical use thereof, among other things.

Patent 98
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USPTO Pick Touted By Attys, But May Face Senate Fight

IP Law 360

The nomination of Winston & Strawn LLP partner Kathi Vidal to lead the U.S. Patent and Trademark Office was welcomed by observers who said her patent experience should give her insight into how to improve the office, though two key senators appear divided on the pick.

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Cozen O’Connor Is Seeking an Intellectual Property Associate

IP Watchdog

Cozen O’Connor is seeking an associate attorney or patent agent to join the firm’s Intellectual Property Department. This full-time, permanent, in-person position is located in Cozen O'Connor's Washington, DC office.

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Netflix Must Face Patent Suit In EDTX, Gilstrap Rules

IP Law 360

Netflix will have to face a patent dispute brought by business-to-business software company CA Inc. in Texas instead of the streaming giant's preferred venue of California, Eastern District of Texas Judge Rodney Gilstrap has ruled.

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Timeshare case: proof of causation/damages is difficult especially w/o grasp of Bayesian probability

43(B)log

Wyndham Vacation Ownership, Inc. v. Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D. Fla. Sept. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.

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VideoShare Says 10 Hours Is Too Short For Google IP Trial

IP Law 360

VideoShare LLC said there is "no possible way" that a 10-hour time limit on testimony at trial will allow it to competently present its case that Google and YouTube infringe its video-sharing patent, objecting Tuesday to U.S. District Judge Alan D. Albright's scheduling order.

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Understanding non-traditional trademark protection

IAM Magazine

Have you ever wondered whether trademark protection is available for aspects of a product, such as its colour or configuration?

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Seen in NYC: the Twix bar that isn't.

43(B)log

Yum. "A shortbread cookie topped with a layer of caramel, a layer of chocolate ganache, dipped in dark chocolate and drizzled with white chocolate." [link].

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Understanding non-traditional trademark protection

IAM Magazine

Have you ever wondered whether trademark protection is available for aspects of a product, such as its colour or configuration?

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A Synopsis by Any Other Name Is Still an Important Thing To Consider

LexBlog IP

Whether you are old-school and call them Synopses or you use the new, more in-your-face term Notices of Penalty Offenses, the fact is that this tool has dramatically and quickly increased in significance under Chair Lina Khan’s Federal Trade Commission (FTC), and this warrants attention. Round one focused on 70 for-profit colleges ; round two went broader, with over 700 letters sent out regarding endorsements and testimonials.

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London Agreement – no preliminary injunction in lack of full Hungarian translation

IAM Magazine

Ten years after the Agreement on the Application of Article 65 of the Convention on the Grant of European Patents (the London Agreement) entered into force in Hungary, the long-awaited clarification about the enforcement of European patents was provided by the courts.

Patent 52
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Gilstrap Holds Top Spot For Pandemic-Era Jury Patent Trials

IP Law 360

Texas has seen the most patent jury trials during the COVID-19 pandemic, with Eastern District of Texas Judge Rodney Gilstrap holding the most trials since August of last year, according to a new report by Baker Botts LLP.

Patent 52
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European design protection – worth your money?

IAM Magazine

Every company that spends money and resources on research, development and marketing for its products needs assurance that competitors (or other third parties) cannot take advantage of its innovation.

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Why We Need Their Life Story

LexBlog IP

We’ve all asked when on a food blogger’s site, “Why can’t you just give me the recipe and not your life story?” Many have listened to this complaint and added a much (to me) valued “Jump to Recipe” button on the top. But I am here to defend all those stories that I often skip. Why? Because that is the blogger’s intellectual property.

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Demonstrating ROI from your IP portfolio

IAM Magazine

In today’s ever-increasing competitive landscape, the link between a firm’s knowledge assets and intellectual property and the firm’s overall competitive advantage and business success has become a key area of focus for the C-suite.